Sahih Bukhari, Chapter 41 To 55

Sahih Bukhari, chapter 41 to 55
Translated by: Aisha Bewley Index:

Chapter 41. Book of Hawala (Debt-transfer) Chapter 42. Book of Sureties (Kafala) Chapter 43. Book of Authorisation (Wakala) Chapter 44. Book of Agriculture and Sharecropping Chapter 45. Book of Limited Sharecropping (musaqa) and Water page no:2 page no:3 page no:7 page no:13 page no:20
Chapter 46. Book of Asking for Loans, Paying Debts, Freezing Funds and Bankruptcy page no: 27 Chapter 47. Book of Disputes Chapter 48. Book of Lost Property Chapter 49. Book of Injustices Chapter 50. Book of Partnership Chapter 51. Book of Pledges Chapter 52. Book of Setting Free Chapter 53. Chapter on the Mukatab Chapter 54. The Book of Gifts and their Excellence Chapter 55. Book of Testimony page no:34 page no:39 page no:43 page no: 54 page no: 60 page no: 62 page no:71 page no: 74 page no: 90
The Sahih Collection of al-Bukhari by Imam Bukhari Translated by: Ustadha Aisha Bewley
Chapter 41. Book of Hawala (Debt-transfer) I: On transferring a debt and whether it can be retracted Al-Hasan and Qatada said, "If someone possessed wealth on the day it [a debt] was transferred to him, the transfer is permitted." Ibn 'Abbas said, "When two partners or heirs break up, and one of them takes assets and the other takes debts which prove to be uncollectable for him, the latter has no claim against the former." 2166. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Procrastination on the part of a rich man is injustice. If the debt of one of you is transferred to a rich man, it should be allowed to take place." II: When the debt of a dead person is transferred to another man, that is permitted. When it is transferred to a rich man, it is irrevocable 2167. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Procrastination on the part of a rich man is injustice. If the debt of one of you is transferred to a rich man, it should be allowed to take place." (Muwatta, Book 31, 84) III: It is permitted for the debts of a dead person to be transferred to someone else 2168. It is related that Salama ibn al-Akwa' said, "One day we were sitting with the Prophet, may Allah bless him and grant him peace, when a dead man was brought for burial. They said, 'Pray over him.' He said, 'Has he any debts?' They answered, 'No.' He asked, 'Has he left anything?' They said, 'No,' so he prayed over him. Then another dead man was brought for burial and they said, 'Messenger of Allah, pray over him.' He asked, 'Has he any debts?' It was said, 'Yes.' He said, 'Has he left anything?' They replied, 'Three dinars.' He prayed over him. Then a third was brought and they said, 'Pray over him.' He asked, 'Has he left anything?' They answered, 'No.' He asked, 'Has he any debts?' They said, 'Three dinars.' He said, 'Pray over your companion.' Abu Qatada said, 'Messenger of Allah, pray over him and I will pay his debt.' So he prayed over him."
Chapter 42. Book of Sureties (Kafala) I: When people or other things are taken as surety for loans or debts Muhammad ibn Hamza ibn 'Amr al-Aslami said from his father that 'Umar sent him to collect zakat. A man had had intercourse with his wife's slavegirl and Hamza took sureties from the man to ensure that he came to 'Umar. 'Umar gave him a hundred lashes. 'Umar confirmed their story and excused the man because of his ignorance. Jarir and al-Ash'ath said to 'Abdullah ibn Mas'ud about the apostates, "Ask them to repent and take sureties from them." They repented and their tribe was their surety. Hammad said, "When a person stands as surety for someone else who dies, he is absolved from his undertaking." AlHakam said, "He remains as a guarantee." 2169. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, mentioned that a man of the tribe of Isra'il asked another of the tribe of Isra'il to lend him a thousand dinars. He said, "Bring me witnesses so I can have testimony." He said, "Allah is enough as a witness." He said, "Bring me a surety." He said, "Allah is enough as a surety." He said, "You have spoken the truth," and he lent it to him for a fixed term. The man set out over the sea and accomplished what he wanted. Then he looked for a boat in which he could sail so as to arrive back to meet the deadline he had set, but could find none. So he took a piece of wood, bored a hole in it, put the thousand dinars and a note from himself to his friend inside it, closed up the hole and took it down to the sea. He said, "O Allah, You know that I borrowed a thousand dinars from so-and-so and he asked me for a surety and I said, 'Allah is enough as a surety,' and he was satisfied with You. He asked me for a witness and I said, 'Allah is enough as a witness' and he was satisfied with You. I have tried to find a boat to send him what he is owed, but I have not been able to find one. Therefore, I have entrusted it to You." He threw it into the sea until it disappeared into the distance. Then he left and began to look for a ship to return to his country. The man who had lent the money to him went out looking to see if a ship had come with it and lo and behold there was the piece of wood containing the money. He took it to use as firewood for his family. When he sawed it up, he discovered the money and the note. Then the one who had borrowed it arrived, bringing another thousand dinars. He said, "By Allah, I tried to find a boat to bring you your money but found none before the one I came in. He said, "Did you send me
something?" He said, "I tell you that I found no ship before the one I came in." He said, "Allah has delivered for you that which you sent in the wood, so go in right guidance together with your thousand dinars." II: The words of Allah Almighty, "If you have a bond with people, give them their share." (4:33) 2170. It is related from Sa'id ibn Jubayr that Ibn 'Abbas said about, "We have appointed heirs (mawali) for everything" that mawali are heirs. He said about "Those with whom you have a bond," "When the Muhajirun came to Madina, a Muhajir would inherit from an Ansari, rather than his own relatives, because of the brotherhood which the Prophet, may Allah bless him and grant him peace, had established between them. When it was revealed, 'We have appointed heirs (mawali) for everything,' this practice was abrogated." Then he said, "Those with whom you have a bond,' referred only to help, co-operation and good advice. Inheritance was abolished but it was permitted to leave them legacies." 2171. It is related that Anas said, "'Abdu'r-Rahman ibn 'Awf came to us and the Messenger of Allah, may Allah bless him and grant him peace, established a bond of brotherhood between him and Sa'd ibn ar-Rabi'." 2172. It is related that 'Asim said, "I said to Anas, 'Have you heard that the Prophet, may Allah bless him and grant him peace, said, "There is no hilf alliance in Islam"?' He replied, 'The Prophet, may Allah bless him and grant him peace, made a hilf alliance between Quraysh and the Ansar in my house.'" III: Someone who makes himself a surety for the debts of a dead person cannot renege on that Al-Hasan said that. 2173. It is related from Salama ibn al-Akwa' that a dead man was brought for burial to the Prophet, may Allah bless him and grant him peace, for him to pray over and he asked, "Has he any debts?" They answerted, "No," and he prayed over him. Then he was brought another man for burial and he asked, "Has he any debts?" They said, "Yes," and he said, "Pray over your companion." Abu Qatada said, "I will take on his debt, Messenger of Allah." So he prayed over him. 2174. It is related that Jabir ibn 'Abdullah said, "The Prophet, may Allah bless him and grant him peace, said, 'If the money from Bahrayn comes, I will give you such-and-such.' The money from Bahrayn did not come until after the Prophet, may Allah bless him and grant him peace, had died. When the money of Bahrayn arrived, Abu Bakr commanded that it be announced, 'Whoever has a promise from the Prophet, may Allah bless him and grant him peace, or a debt should come to us.' I came to him and said, 'The Prophet, may Allah bless him and grant him peace, told me such-and-such.' He gave me a double handful and I counted them and there were five hundred. He said, 'Take twice as much again.'" (Muwatta, Book 21, 51)
[This was the jizya tax.] IV: The protection and promise granted to Abu Bakr during the time of the Prophet 2175. It is related that 'A'isha, the wife of the Prophet, said, "I only remember my parents following the deen." It is related that 'A'isha, the wife of the Prophet, said, "I only remember my parents following the deen. Not a day passed by without the Messenger of Allah, may Allah bless him and grant him peace, coming to us at the two ends of the day, morning and evening. When the Muslims were being persecuted, Abu Bakr departed for Abyssinia as an emigrant until he reached Bark alGhimad where he met Ibn ad-Daghina. the chief of the al-Qara tribe. He asked, 'Where are you going, Abu Bakr?' Abu Bakr replied, 'My people have driven me out. I am intending to travel in the earth and to worship my Lord.' Ibn ad-Daghina said, 'Someone like you should not leave nor be driven out. You help the poor, maintain your ties of kinship, give surety for orphans, give hospitality to guests and help people in times of trouble. I am your protector, so return and worship your Lord in your own land.' Ibn ad-Daghina travelled and returned with Abu Bakr and went around to the nobles of the unbelievers of Quraysh and said to them, 'Someone like Abu Bakr should not leave nor be expelled. Will you expel a man who helps the poor, maintains ties of kinship, gives surety for orphans, gives hospitality to guests and helps people in times of trouble?' Quraysh allowed the protection of Ibn ad-Daghina and gave security to Abu Bakr. They said to Ibn ad-Daghina, 'Tell Abu Bakr to worship his Lord in his house and to pray and recite as he likes but not to bother us with it, and he should not make it public. We fear that he will seduce our sons and women.' Ibn ad-Daghina told that to Abu Bakr and Abu Bakr began to worship his Lord in his house and not to do the prayer publicly or recite outside of his house. Then it occurred to Abu Bakr to build a mosque in the courtyard of his house and he began to pray in it and recite Qur'an, and the women and sons of the idolaters crowded around, admiring and looking at it. Abu Bakr was a man prone to weeping and he could not hold back his tears when he recited Qur'an. That alarmed the nobles of Quraysh who were idolaters and they sent to Ibn ad-Daghina who came to them. They said to him, 'We gave protection to Abu Bakr on condition that he would worship his Lord in his house and he has exceeded that and built a mosque in the courtyard of his house and has done the prayer and recitation publicly. We are afraid that he will seduce our sons and women. Go to him. If he wants to confine himself to worshipping his Lord in his house, he should do it. If he refuses not to do it in public, then ask him to return your pledge of protection to you. We dislike to break your pledge but we will not allow Abu Bakr to worship in public.'"
'A'isha said, "Ibn ad-Daghina went to Abu Bakr and said, 'You know the basis on which I gave you the pledge of protection. Either confine yourself to that or return my pledge to me. I do not want to hear the Arabs say that I broke my pledge to a man to whom I had given it.' Abu Bakr said, 'I return your protection to you. I am satisfied with the protection of Allah.' At that time the Messenger of Allah, may Allah bless him and grant him peace, was still in Makka. The Messenger of Allah, may Allah bless him and grant him peace, said, 'I have been shown your place of emigration. I saw salty land with palm-trees between two lava-fields.' When the Messenger of Allah, may Allah bless him and grant him peace,mentioned that, some people emigrated to Madina and some of those who had emigrated to the land of Abyssinia returned from there to Madina. Abu Bakr prepared to emigrate and the Messenger of Allah, may Allah bless him and grant him peace, said to him, 'Take your time. I hope to be given permission.' Abu Bakr said, 'My father be your ransom, do you hope for that?' He said, 'Yes.' Therefore Abu Bakr kept himself back to accompany the Messenger of Allah, may Allah bless him and grant him peace. He fed two riding-camels he had on acacia leaves for four months." V: Debts 2176. It is related from Abu Hurayra that when a dead man with debts was brought to the Messenger of Allah, may Allah bless him and grant him peace, he used to ask, "Has he left any surplus to pay his debts with?" If he was told that he had left enough to pay his debts, he would do the prayer over him. Otherwise he told the Muslims, "Pray over your companion." When Allah granted him victories, he said, "I have more right to be the protector of the believers than themselves. If any believer dies leaving a debt, I will pay it. If anyone leaves property, it goes to his heirs."
Chapter 43. Book of Authorisation (Wakala) I: A partner authorising another partner in respect of distribution and other things. The Prophet, may Allah bless him and grant him peace, gave 'Ali authorisation in respect of his sacrificial animals and then commanded him to distribute them. 2177. It is related that 'Ali said, "The Messenger of Allah, may Allah bless him and grant him peace, ordered me to give away in sadaqa the cloths and skins of the camels which had been sacrificed." 2178. It is related from 'Uqba ibn 'Amir that the Prophet, may Allah bless him and grant him peace, gave him some sheep to distribute among his Companions. A lamb remained over and he mentioned it to the Prophet, may Allah bless him and grant him peace, who said, "You sacrifice it." II: It is permitted for a Muslim to give authority to a harbi in the Abode of War or in the Land of Islam 2179. It is related that 'Abdu'r-Rahman ibn 'Awf said, "I wrote a document in conjunction with Umayya ibn Khalaf that he would protect my property in Makka and I would protect his property in Madina. When I mentioned "ar-Rahman", he said, 'I do not recognise "ar-Rahman". Write it for me in the name you used to have in the time ofJahiliyya.' So I wrote: ''Abdu 'Amr.' On the day of Badr, I went up the mountainside to give him protection when the people were asleep. Bilal saw him and went up to the group of the Ansar and said, 'There is Umayya ibn Khalaf! I would rather die than see Umayya saved!' A group of the Ansar went out with him after us. When I feared they were catching up with us, I left his son behind with them in order to distract them but they killed him. Then they insisted on coming after us. He was a large man and when they came up to us, I said to him, 'Kneel down' and he knelt down and I laid myself on top of him to protect him but they got their swords through under me until they had killed him. One of them hit my foot with his sword." He said, "'Abdu'r-Rahman ibn 'Awf used to show us that mark on the back of his foot." III: Authorisation in respect of money-changing and weighing 'Umar and Ibn 'Umar used to authorise others in money-changing transactions
2180. It is related from Abu Sa'id al-Khudri and Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, appointed a man as an agent in Khaybar who brought them some dates of a really excellent kind. He said, "Are all the dates of Khaybar like this?" He said, "We take one sa' of this kind for two sa's and two sa' for three sa's." He said, "Do not do that. Sell the worse ones for dirhams and then buy the good ones with those dirhams." He said the same thing about weighing. IV: If a shepherd or a deputy sees a sheep dying, or something going bad, he can slaughter it or put right what he fears will be spoiled 2181. It is related from Ibn Ka'b ibn Malik from his father that they had some sheep which grazed at Sal'. He said, "One of our slavegirls saw one of our sheep dying. She split a stone and slaughtered it with it. My father said to them, 'Do not eat until I ask the Prophet, may Allah bless him and grant him peace, (or 'I will send someone to the Prophet, may Allah bless him and grant him peace, to ask him') and he asked the Prophet, may Allah bless him and grant him peace, about that (or he sent a message) and he instructed him to eat." 'Ubaydullah said, "I appreciated the fact that although she was a slavegirl she had slaughtered." 'Abda corroborated it from 'Ubaydullah. V: It is permitted to authorise someone whether he is present or absent 'Abdullah ibn 'Amr wrote to his deputy who was absent to pay zakat on behalf of his family, both young and old. 2182. It is related that Abu Hurayra said, "The Prophet, may Allah bless him and grant him peace, owed a man a camel of a certain age and he came to him to ask for it. He said, 'Give it to him.' They looked for one of that age, but only found one which was older. He said, 'Give it to him.' He said, 'You have given me full payment. May Allah give you full payment!' The Prophet, may Allah bless him and grant him peace, said, 'The best of you is he who is most generous in settlement.'" VI: Authorisation in respect of settling debts 2183. It is related from Abu Hurayra that a man came to ask the Prophet, may Allah bless him and grant him peace, to pay his debts and spoke coarsely. His Companions wanted to attack him but the Messenger of Allah, may Allah bless him and grant him peace, said, 'Leave him alone. The one with a right can speak.' Then he said, 'Give him one the right age for the one he is owed.' They said, "Messenger of Allah, we can only find an older, more valuable one.' He said, 'Give to him. The best of you is he who is most generous in settlement."
VII: It is permitted to give something to a deputy or a people's mediator, going by the words of the Prophet, may Allah bless him and grant him peace, to the delegation of Hawazin when they asked him for booty and the Prophet, may Allah bless him and grant him peace, said, "My share is yours." 2184. It is related from Marwan ibn al-Hakam and al-Miswar ibn Makhrama that when the delegation of Hawazin came to the Messenger of Allah, may Allah bless him and grant him peace, as Muslims, he stood up. They asked him to restore to them their property and their people who had been captured. The Messenger of Allah, may Allah bless him and grant him peace, said to them, 'The statement I love the most is the one which is most sincere. Choose one of the two - either the captives or the property. I have delayed distributing them.' The Messenger of Allah, may Allah bless him and grant him peace, had waited for them for about ten days after returning from Ta'if. When it was apparent to them that the Messenger of Allah, may Allah bless him and grant him peace, would only return one of the two to them, they said, 'We will take the captives.' The Messenger of Allah, may Allah bless him and grant him peace, got up among the Muslims and praised Allah as He deserves and then said, 'Following on from that: these brothers of yours have come in repentance and I think that the captives should be returned to them. Any of you who are happy with this should do that. Any of you who want to keep their share until we can pay him from the first spoils which Allah brings us may do that. The people said, 'We are happy to do that in their case for the sake of the Messenger of Allah, may Allah bless him and grant him peace.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'We do not know which of you have allowed it and which have not. Go back so that your leaders can inform us of your decision.' The people went back and their leaders spoke to them and then they returned to the Messenger of Allah, may Allah bless him and grant him peace, and told him, 'They are happy with that and give their permission.'" VIII: If one man authorises another to give something without making it clear how much, he should give according to what is common practice among the people 2185. It is related that Jabir ibn 'Abdullah said, "I was on a journey with the Prophet, may Allah bless him and grant him peace,and I was on a slow camel which was right at the rear. The Prophet, may Allah bless him and grant him peace, passed by me and said, 'Who is this?' I said, 'Jabir ibn 'Abdullah.' He said, 'What is wrong with you?' I said, 'I am on a slow camel.' He said, 'Do you have a stick with you?' I said, 'Yes.' He said, 'Give it to me.' I gave it to him and he hit the camel and chided it. It went from that place right up to the front. He said, 'Sell it to me.' I said, 'No, it is yours, Messenger of Allah.' He said, 'Sell it to me. I will buy it for four dinars and you can ride it to Madina.' When we drew near to Madina, I began to ride off. He said, 'Where are you going?' I said, 'I have married a woman who is a widow.' He said, 'Why not a virgin with whom you could sport and who could sport with you?' I said, 'My father died and left daughters,
so I wanted to marry a woman with experience who was a widow.' He said, 'That's good.' When we arrived in Madina, he said, 'Bilal, pay him and give him extra.' He gave him four dinars and added a qirat to it." Jabir said, "That extra qirat from the Messenger of Allah, may Allah bless him and grant him peace, has never left me." The qirat did not leave the pocket of Jabir ibn 'Abdullah. IX: A woman giving the ruler authority in respect of her marriage 2186. It is related that Sahl ibn Sa'd said, "A woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, I have given myself to you (to dispose of in marriage).' A man said, 'Marry her to me.' He said, 'We marry her to you for what you know of the Qur'an.'" X: If someone authorises another and the authorised person hands over something, and the authoriser allows that, it is permitted. It is also permitted for him to lend for a specified period 2187. It is related that Abu Hurayra said, "The Messenger of Allah, may Allah bless him and grant him peace, put me in charge of guarding the zakat of Ramadan. Someone came to me and began to take handfuls of food. I grabbed him and said, 'By Allah, I will take you to the Messenger of Allah, may Allah bless him and grant him peace!' He said, 'I am needy and have a large family and I am in dire need.'" He said, "I let him go and in the morning the Prophet, may Allah bless him and grant him peace, said, 'Abu Hurayra, what did you do with your prisoner yesterday?'" He said, "I said, 'Messenger of Allah, he complained of dire need and a large family, so I showed mercy to him and let him go on his way.' He said, 'He lied to you and he will come back.' So, from the words of the Messenger of Allah, may Allah bless him and grant him peace, 'he will come back.', I knew that he would come back. Therefore, I lay in wait for him and he came and once more began to take handfuls of food. I seized him and said, 'I will take you to the Messenger of Allah, may Allah bless him and grant him peace!' He said, 'Let me go. I am in need and have a large family. I will not come back again.' I had mercy on him and let him go his way. In the morning the Messenger of Allah, may Allah bless him and grant him peace, said to me, 'Abu Hurayra, what did you do with your prisoner yesterday?' I said, 'Messenger of Allah, he complained of dire need and a large family, so I showed mercy to him and let him go on his way.' He said, 'He lied to you and he will come back.' So I lay in wait for him a third time and he came and began to take handfuls of food. I grabbed him and said, 'I will take you to the Messenger of Allah, may Allah bless him and grant him peace! This is the third time. You claimed you would not come back and then you came back.' He said, 'Let me go. I will teach you some words which will help you with Allah.' I said, 'What are they?' He said, 'When you go to bed, recite the Throne Verse,"Allah, there is no god but Him, the Living, the Self-Sustaining..." to the end of the ayat. You will have someone guarding over you from Allah and shaytan will not come near you until morning.' So I let him go his way. In the morning, the Messenger of Allah,
may Allah bless him and grant him peace, said to me, 'What did you do with your prisoner yesterday?' I said, 'Messenger of Allah, he claimed that he would teach me some words which would help me with Allah, so I let him go his way.' He said, 'What are they?' I said, 'He said to me, "When you go to bed, recite the Throne Verse to the end: 'Allah, there is no god but Him, the Living, the Self-Sustaining'." He said to me, "You will have someone guarding over you from Allah and shaytan will not come near you until morning."' (They were exceedingly eager for good.) The Prophet, may Allah bless him and grant him peace, said, "He told you the truth even though he is a liar. Do you know whom you were speaking with on these three days, Abu Hurayra?'" He said, "No." The Prophet said, "It was Shaytan." XI: If an authorised deputy sells something spoiled, his sale is null and void 2188. It is related that Abu Sa'id al-Khudri said, "Bilal brought some Barni dates to the Prophet, may Allah bless him and grant him peace, and the Prophet, may Allah bless him and grant him peace, said to him, 'Where did you get these from?' Bilal said, 'We had some bad dates and I sold two sa's of them for one sa' so that we could feed the Prophet, may Allah bless him and grant him peace.' The Prophet, may Allah bless him and grant him peace, then said, 'Oh! Oh! Usury itself! Usury itself! Do not do it. If you want to buy, then sell the dates in a seperate sale and then buy the (other dates).'" XII: Authorisation in respect of a waqf and its administration. The administrator may feed his friends and eat reasonably 2189. It is related that 'Amr said about the sadaqa (i.e. waqf) of 'Umar, "It is no sin for the trustee to eat and give to eat so long as there is no gain of wealth. Ibn 'Umar was in charge of the sadaqa of 'Umar. He used to give some of it to people he stayed with in Makka." XIII: Authorisation in respect of the hudud punishments 2190. It is related from Zayd ibn Khalid and Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Unays, go to the wife of this man and if she confesses, then stone her." 2191. It is related that 'Uqba ibn al-Harith said, "An-Nu'ayman or the son of an-Nu'ayman was brought in a state of drunkeness, and the Messenger of Allah, may Allah bless him and grant him peace, commanded those in the house to beat him." He said, "I was one of those who beat him. We beat him with sandals and palm fronds." XIV: Authorisation in respect of sacrifical camels and looking after them 2192. It is related that 'A'isha said, "I plaited the garlands of the sacrificial animals of the Messenger of Allah, may Allah bless him and grant him peace, with my own hands and then the Messenger of Allah, may Allah bless him and grant him peace, hung them round their necks with his own hands and then sent them with my father. Nothing was unlawful for the Messenger of
Allah, may Allah bless him and grant him peace, which Allah made lawful for him during the time until the sacrifice was made." XV: When a man says to his authorised deputy, "Place it where Allah shows you," and the deputy says, "I have heard what you said." 2193. It is related from Ishaq ibn 'Abdullah ibn Abi Talha that he heard Anas ibn Malik say, "Abu Talha had more property than any of the Ansar in Madina. His favourite property was Bayruha' which was opposite the mosque. The Messenger of Allah, may Allah bless him and grant him peace, used to enter that property and drink its sweet water. When this ayat was sent down: 'You will not attain true goodness until you give of what you love,' (3:93) Abu Talha went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, Allah Almighty says in His Book,"You will not attain true goodness until you give of what you love." The property I love the best is Bayruha'. It is sadaqa for Allah whose kindness I hope for, and I hope that it will be stored up for me with Allah. Messenger of Allah, dispose of it in whatever way Allah shows you is best.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Excellent! That is a profitable property. That is a profitable property. I have heard what you have said about it and I think that you should give it to your relatives.' Abu Talha said, 'I will do that, Messenger of Allah!' So Abu Talha divided it up among his relatives and cousins." Rawh corroborated it. Malik said "rabih" (rather than ra'ih). XVI: A trustworthy person being given authority in respect of the treasury and similar things 2194. It is related from Abu Musa that Prophet, may Allah bless him and grant him peace, said, "A trustworthy treasurer, who pays (or he might have said, "gives") what he is commanded to, completely, fully and cheerfully to the one to whom he is commanded to give it, is one of two givers of sadaqa."
Chapter 44. Book of Agriculture and Sharecropping I: The excellence of sowing and planting when people eat what comes from it by the words of Allah Almighty, "Have you thought about what you cultivate? Is it you who make it germinate or are We the Germinator? If We willed We could have made it broken stubble." (56:63-65) 2195. It is related that Anas said that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is no Muslim who plants a tree or sows a crop from which birds, man or beasts eat but that it is sadaqa for him." It is related from Anas from the Prophet. II: What one has to be careful about in respect of the consequences of using agricultural tools, or exceeding the limits which have been ordained. 2196. It is related that Abu Umama al-Bahili said when he saw a plowshare and some agricultural tools, "I heard the Prophet, may Allah bless him and grant him peace, say, 'There is no people's house which these things enter without Allah making humiliation enter it as well.'" III: Keeping a dog for agricultural purposes 2197. It is related that Abu Hurayra said that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone keeps a dog, a qirat is deducted from his actions every day except for a farm dog or a dog used for livestock." It is related from Abu Hurayra from the Prophet, may Allah bless him and grant him peace, "except for a dog used for sheep or the farm or hunting." It is related from Abu Hurayra from the Prophet, may Allah bless him and grant him peace, "a hunting dog or one for livestock." 2198. It is related from as-Sa'ib ibn Yazid that he heard Sufyan ibn Abi Zuhayr, a man from Azd Shanu'a and one of the Companions of the Prophet say, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'If anyone keeps a dog which does not help him either with farming or livestock, a qirat is deducted from his actions every day.'" As-Sa'ib said, "I asked, 'You heard this from the Messenger of Allah, may Allah bless him and grant him peace?' He said, 'Yes, by the Lord of this mosque.'" IV: Using cattle for ploughing
2199. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Once when a man was riding a cow, it turned to him and said, 'I was not created for this. I was created for ploughing.'" The Prophet said, "I, Abu Bakr and 'Umar all believe it. A wolf seized a sheep and the shepherd followed it. The wolf said, 'Who will look after it on the day that wild beasts reign supreme, when they will have no shepherd but me?'" He said, "I, Abu Bakr and 'Umar believe it." Abu Salama said, "On that day, the two of them were not among the people present." V: When someone says, "Look after my date-palms or other crops and share their fruit with me." 2200. It is related that Abu Hurayra said, "The Ansar said to the Prophet, may Allah bless him and grant him peace, 'Divide the date-palms between us and our brothers.' He said, 'No.' They [the Muhajirun] said, 'Look after them and we will share the fruit with you.' They said, 'We hear and obey.'" VI: Cutting down trees and date-palms Anas said, "The Prophet, may Allah bless him and grant him peace, commanded date-palms to be cut down and they were." 2201. It is related from 'Abdullah that the Prophet, may Allah bless him and grant him peace, burned the date-palms of the Banu'n-Nadir and cut them down at al-Buwayra. Hassan said about it: "The leaders of Banu Lu'ayy found it easy to watch the fire spreading at al-Buwayra." 2202. It is related that Rafi' ibn Khadij was heard to say, "We had more farms than anyone else in Madina. We used to rent out the land in return for the produce of a section of it which was allocated to the owner of the land." He said, "Sometimes that section would be blighted and the the rest of the land sound and sometimes the rest of the land would be blighted and that section sound, so we were forbidden to do it. As for gold and silver, they were not used at that time." VII: Sharecropping for half the yield and the like It is related that Abu Ja'far said, "Every family of Muhajirun in Madina used to work the land for a third or a quarter of the produce. 'Ali, Sa'd ibn Malik, 'Abdullah ibn Mas'ud, 'Umar ibn 'Abdu'l'Aziz, al-Qasim, 'Urwa, the family of Abu Bakr, the family of 'Umar, the family of 'Ali and Ibn Sirin all practised sharecropping." 'Abdu'r-Rahman ibn al-Aswad said, "I used to share with 'Abdu'r-Rahman ibn Yazid in the crop. 'Umar used to arrange with the people that if he provided the seeds himself, he would receive half, but if they provided the seeds, they would receive such and such an amount."
Al-Hasan said, "There is no harm, if the land belongs to one of them but the outlay is on both of them, in their dividing the produce between the two of them." Az-Zuhri thought that too. AlHasan said, "There is no harm in picking cotton in return for half the crop." Ibrahim, Ibn Sirin, 'Ata', al-Hakam, az-Zuhri and Qatada said, "There is no harm in letting [the weaver] have a third or a quarter or some such amount of the cloth [he weaves]." Ma'mar said, "There is no harm in hiring animals for a fixed term in return for a third or a quarter [of what they carry]." 2203. It is related that 'Abdullah ibn 'Umar said that the Prophet, may Allah bless him and grant him peace, employed the Jews of Khaybar to work the land in return for half of its produce of fruit or other crops. He used to give his wives a hundred wasqs each, eighty wasqs of dates and twenty wasqs of barley. When 'Umar divided up Khaybar, he gave the wives of the Prophet, may Allah bless him and grant him peace, a choice between a grant of water and land or continuing as before. Some chose the land and some chose the wasqs. 'A'isha chose the land. VIII: When the number of years of sharecropping is not stipulated 2204. It is related that Ibn 'Umar said, "The Prophet, may Allah bless him and grant him peace, employed the Jews of Khaybar for half of its produce of fruits or other crops." 2205. It is related that 'Amr said, "I said to Tawus, 'I wish you would give up sharecropping since they claim that the Prophet, may Allah bless him and grant him peace, forbade it.' He said, ''Amr! I give them land and help them. The most knowledgeable of them, i.e. Ibn 'Abbas, told me that the Prophet, may Allah bless him and grant him peace, did not forbid it, but said, "It is better for one of you to give land to his brother than to take a fixed rent for it."'" IX: Sharecropping with the Jews 2206. It is related from Ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, gave Khaybar to the Jews to work and cultivate in return for half of what it produced. X: Disliked conditions in respect of sharecropping 2207. It is related that Rafi' said, "We had more fields than anyone else in Madina and one of us would rent out his land and say, 'This piece is mine and that is yours.' Sometimes one would produce and the other would not. The Prophet, may Allah bless him and grant him peace, forbade people to do that." XI: When someone cultivates using people's money without their permission and it results in profit for them 2208. It is related from 'Abdullah ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "Once three people were out walking. They were caught by the rain and took shelter in a mountain cave. A rock from the mountain fell down in front of the mouth of their cave and trapped them inside. They said to one another, 'See what right actions you have done for the sake of Allah and supplicate Allah by them so that hopefully He will let us out of here.' One of them
said, 'O Allah, I have two aged parents and I also have young children. I used to graze the animals for them. When I returned to them, I would milk and give my parents milk first before my children. One day I was delayed and did not return until evening, finding them asleep. I milked as I normally did and stood at their heads, not wanting to wake them up nor to give the children milk either, even though the children were crying at my feet until dawn broke. If you know that I did that out of the desire for Your pleasure, then make an opening for us through which we can see the sky!' Allah made an opening and they saw the sky.' Another said, 'O Allah, I had a niece whom I loved with the strongest love with which a man can love a woman. I tried to seduce her and she refused me unless I brought her a hundred dinars. I wanted to have intercourse with her. When I was between her legs, she said, "Slave of Allah! Fear Allah and do not deflower without marriage," so I got up. If you know that I did that out of the desire for Your pleasure, then make an opening for us!' and it opened further. The third said, 'O Allah, I hired a worker for a faraq of rice. When he finished his work, he said, 'Give me my due.' I offered it to him but he refused it. I continued to sow it until I had cows and a cowherd from it. He came to me and said, "Fear Allah." I said, "Go to those cattle and the cowherd and take them." He said, "Fear Allah and do not mock me." I said, "I am not mocking you, take them." He took them. If you know that I did that out of the desire for Your pleasure, then make an opening for us!' and it opened the rest of the way and Allah set them free." It is related from Nafi' that he said "sa'aytu" (rather than "baghaytu".) XII: The awqaf of the Companions of the Prophet, may Allah bless him and grant him peace, and kharaj land, their sharecropping and other arrangements The Prophet, may Allah bless him and grant him peace, said to 'Umar, "Make a sadaqa of the entirety of these [trees] which will not then be able to be sold. However their fruits can be sold and given as sadaqa." 2209. It is related that 'Umar said, "If it were not for future Muslims, I would have divided up every village I conquered among those who took it as the Prophet, may Allah bless him and grant him peace, divided up Khaybar." XIII: Someone bringing barren land to life 'Ali thought that that also applied to the devastated land in Kufa. 'Umar said, "If anyone brings barren land to life, it belongs to him." It is related from 'Umar and Ibn 'Awf that the Prophet, may Allah bless him and grant him peace, said, "provided it does not rightfully belong to another Muslim. A man does not have any right to what he plants in it wrongfully."
It is related from Jabir from the Prophet, may Allah bless him and grant him peace. 2210. It is related from 'A'isha that the Prophet, may Allah bless him and grant him peace, said, "Anyone cultivating land which does not belong to anyone else has the most right to it." 'Urwa said, "'Umar gave that decision during his khalifate." 2211. It is related from 'Umar that when the Prophet, may Allah bless him and grant him peace, was in his resting-place in Dhu'l-Hulayfa at the bottom of the valley, he dreamt that he was told, "You are in a blessed valley." Musa said, "Salim made our camels kneel at the place where 'Abdullah made his kneel, seeking the resting-place of the Messenger of Allah, may Allah bless him and grant him peace. It was below the mosque which is in the bottom of the valley, halfway between it and the road." 2212. It is related from 'Umar that the Prophet, may Allah bless him and grant him peace, said, "Tonight someone came to me from my Lord (when he was at al-'Aqiq) to pray in this blessed valley and say, ''Umra with the hajj." XIV: When the owner of the land says, "I will let you remain as long as Allah lets you remain" without mentioning a specific term, the arrangement continues as long as both parties are in agreement 2213. It is related that Ibn 'Umar said, "The Messenger of Allah, may Allah bless him and grant him peace ..." It is related from Ibn 'Umar that 'Umar ibn al-Khattab expelled the Jews and Christians from the land of the Hijaz. When the Messenger of Allah, may Allah bless him and grant him peace, conquered Khaybar, he wanted to oust the Jews from it. When he conquered it, the land was for Allah and His Messenger, may Allah bless him and grant him peace, and the Muslims. He wanted to oust the Jews from it but the Jews asked the Messenger of Allah, may Allah bless him and grant him peace, to let them remain there and they would work the land and take half of the produce. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "We will let you remain under that arrangement as long as we wish," and they remained there until 'Umar expelled them to Tayma' and Ariha'. XV: The Companions of the Prophet used to share crops and fruits 2214. It is related that Rafi' ibn Khadij related that his uncle, Zuhayr ibn Rafi' said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade us something which made things easy for us." Rafi' said, "I said, 'What the Messenger of Allah*, may Allah bless him and grant him peace, said was true.' He said, 'The Messenger of Allah, may Allah bless him and
grant him peace, called me and said, 'What do you do with your fields?' I said. 'We rent them out in return for what grows by the river or for some wasqsof dates and barley.' He said, 'Do not do that. Cultivate them yourselves, or have them cultivated, or keep them.'" Rafi' said, "I said, 'We hear and obey.'" 2215. It is related that Jabir said, "They used to cultivate land for a third or a quarter or a half. The Prophet, may Allah bless him and grant him peace, said, 'Anyone who has land should cultivate it, or give away the use of it (for nothing). If he does not do that, he should simply let his land lie fallow.'" 2216. It is related from Abu Hurayra that the Messenger of Allah*, may Allah bless him and grant him peace, said, "Anyone who has land should cultivate it, or give away the use of it to his brother (for nothing). If he refuses to do that, he should simply let his land lie fallow.'" 2217. It is related that 'Amr said, "I mentioned it to Tawus and he said, 'It is rented out for cultivation.'" Ibn 'Abbas said, "The Prophet, may Allah bless him and grant him peace, did not forbid it, but he said, 'It is better for one of you to give it to his brother than to take a stipulated fee for it.'" 2218. It is related from Nafi', "Ibn 'Umar used to rent out his fields in the time of the Prophet, may Allah bless him and grant him peace, Abu Bakr, 'Umar, 'Uthman and at the beginning of the rule of Mu'awiya. Then he was told of the narration from Rafi' ibn Khadij that the Prophet, may Allah bless him and grant him peace, forbade renting out fields. Ibn 'Umar went to Rafi' and I went with him. He asked him and he said, 'The Prophet, may Allah bless him and grant him peace, forbade renting out fields.' Ibn 'Umar said, 'You know that we used to rent out our fields in the time of the Messenger of Allah, may Allah bless him and grant him peace, in return for what was on the river banks and some figs.'" 2219. It is related that 'Abdullah ibn 'Umar said, "I know that in the time of the Prophet, may Allah bless him and grant him peace, land was rented out." Then 'Abdullah was afraid that the Prophet, may Allah bless him and grant him peace, had related something about it which he did not know, so he stopped renting out land." XVI: Renting land for gold and silver Ibn 'Abbas said, "The best thing you can do is to rent uncultivated land on a yearly basis." 2220. It is related that Rafi' ibn Khadij said, "My two uncles related to me that they used to rent out land in the time of the Prophet, may Allah bless him and grant him peace, in return for for what grew on the river banks or for something stipulated by the owner of the land. The Prophet, may Allah bless him and grant him peace, forbade that." Hanzala ibn Qays said, "I asked Rafi', 'What about renting for dinars and dirhams?' Rafi' replied, 'There is no harm in doing it for dinars and dirhams.'" Al-Layth said, "If those with understanding of the lawful and unlawful had looked
into what was forbidden regarding that, they would not have allowed it because of the danger inherent in it." 2221. It is related from Abu Hurayra: "One day the Prophet, may Allah bless him and grant him peace, was speaking and a man of the desert was with him, 'A man of the people of the Garden asked his Lord for permission to sow. He said to him, 'Are you not surrounded by everything you desire?' He said, 'Yes, but I like to sow.' He said, 'He sowed and his plants grew quickly and stood straight ready for harvesting. They were as high as mountains. Allah says, "Here you are, son of Adam! Nothing satisfies you."' The bedouin said, 'By Allah, you will find that he is either Quraysh or an Ansari! They are people of agriculture, and we are not people of agriculture.' The Prophet, may Allah bless him and grant him peace, laughed." XVII: What has come about planting trees 2222. It is related that Sahl ibn Sa'd said, "We used to be happy on the day of Jumu'a. There was a woman among us who used to pull up by the roots the garden-beet (silq) which we planted by our irrigation channels and put them in a pot. Then she would put in some barley. (I think that he said, "There was no fat or melted fat in it.") After praying the Jumu'a prayer we would visit her and then she would bring it to us. We used to be happy on the day of Jumu'a because of that. We did not have lunch or an afternoon nap except after Jumu'a." 2223. It is related that Abu Hurayra said, "They say that Abu Hurayra relates manyhadiths. Allah is the One who will be met [on the Day of Rising!]! They say, 'Why do the Muhajirun and Ansar not relate the same hadiths as him?' My brothers among the Muhajirun used to be busy with their business in the markets and my brothers among the Ansar were busy with their property. I was a poor man and I would stick close to the Messenger of Allah, may Allah bless him and grant him peace, in order to fill my stomach and be present with him when others were absent and remember when they forgot. One day, the Prophet, may Allah bless him and grant him peace, said, 'Whoever of you spreads his garment until I finish what I am saying and then gathers it to his chest will never forget anything that I say.' I spread out a striped cloak of mine which was the only garment I had until the Prophet, may Allah bless him and grant him peace, finished what he was saying and then I gathered it to my chest. By the One who sent him with the truth, I have not forgotten anything right up until today. By Allah, if it had not been for two ayats in the Book of Allah, I would never have related anything: "Those who conceal the Clear Signs that We have sent down..." to "Most Merciful." (2:159-160) "
Chapter 45. Book of Limited Sharecropping (musaqa) and Water I: Water The words of Allah Almighty, "And We made from water every living thing. So will they not believe?" (21:30) and His words, may His mention be exalted!, "Have you thought about the water that you drink? Is it you who sent it down from the clouds or are We the Sender? If We willed We could have made it bitter. So why do you not give thanks?" (56:68-70) II: On water and people who think it permitted to give water as sadaqa, as a gift and as a legacy, whether divided out or not 'Uthman said that the Prophet, may Allah bless him and grant him peace, said, "Who will buy the well of Ruma letting his own bucket in it have exactly the same status as the bucket of any other Muslim (i.e. make it a waqf)?" 'Uthman bought it. 2224. It is related that Sahl ibn Sa'd said, "The Prophet, may Allah bless him and grant him peace, was brought a cup and drank from it. On his right was a boy who was the youngest of the people present while the old men were on his left. He said, 'Boy, will you give me permission to give it to the old men first?' He said, 'I would not let anyone else have something you were going to give to me, Messenger of Allah,' so he gave it to him." 2225. It is related that Anas ibn Malik said, "I milked a domestic sheep for the Messenger of Allah, may Allah bless him and grant him peace, which was in the house of Anas ibn Malik. Its milk was mixed with water from the well in the house of Anas. He gave the Messenger of Allah, may Allah bless him and grant him peace, the cup and he drank from it and then lowered it from his mouth. Abu Bakr was on his left and a bedouin on his right. 'Umar said, being afraid that he would give it to the bedouin, 'Give it to Abu Bakr who is with you, Messenger of Allah.' He gave it to the bedouin who was on his right and said, 'The right, then the right.'" III: Someone saying, "The owner of the water has more right to it until he has had his fill, according to the words of the Prophet, may Allah bless him and grant him peace, 'Do not withhold excess water.'" 2226. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not withhold excess water, preventing others from pasturing from it." (Muwatta, Book 36, 29)
2227. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not withhold excess water, preventing others from obtaining extra pasturage through it." IV: Someone who digs a well on his own property is not liable [for injuries resulting from the well] 2228. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is no bloodwit for a mine. There is no bloodwit for a well. There is no bloodwit for a dumb animal. There is a fifth for buried treasure." V: Disputes about wells and settling them 2229. It is related from 'Abdullah that the Prophet, may Allah bless him and grant him peace, said, "Whoever swears an oath depriving someone of his property and lies in his oath, will meet Allah and find Him angry with him." Allah Almighty revealed, "Those who sell Allah's contract and their own oaths for a paltry price." (3:77) Al-Ash'ath came and said, "What has Abu 'Abdu'r-Rahman [i.e. 'Abdullah] related to you? This ayatwas sent down about me. I owned a well on the land of a cousin of mine and [the Prophet] said to me, 'bring your witnesses.' I said, 'I do not have any witnesses.' He said, 'Then let him take an oath.' I said, 'Messenger of Allah, then he will take an oath,' and the Prophet, may Allah bless him and grant him peace, mentioned this report and Allah sent down that ayat to confirm it." VI: The wrong action of someone who denies water to a traveller 2230. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "There are three whom Allah will not look at on the Day of Rising and will not purify and who will have a painful punishment: a man who had excess water by the roadside and withheld it from travellers; a man who gave allegiance to an Imam, only giving it for the sake of this world, and being pleased when he was given some of it and angry when he was not given any; and a man who put out his goods after'Asr and said, 'By Allah. There is no god but He, I have already been given such-and-such for them,' and a man believes him." Then he recited this verse, "Those who sell Allah's contract and their own oaths for a paltry price." (3:77) VII: Damming rivers 2231. It is related from 'Abdullah ibn az-Zubayr , "A man of the Ansar quarrelled with az-Zubayr in the presence of the Prophet, may Allah bless him and grant him peace, about the lava-bed canals by which the palm-trees were irrigated. The Ansari said, 'Let the water through,' and he refused. They quarrelled in the presence of the Prophet, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, told az-Zubayr, 'Zubayr, irrigate, and then let the water pass through to your neighbour.' The Ansari became angry and said, 'Is it because he is your aunt's son?' The face of the Messenger of Allah, may Allah bless him and grant him peace, changed colour and then he said, 'Water, Zubayr, and then
retain the water until it reaches the wall.' Az-Zubayr said, 'By Allah, I think that this ayat was revealed about that, "No, by your Lord, they are not believers until they make you their judge in the disputes that break out between them."' (4:65)" VIII: Watering the upper part before the lower 2232. It is related that 'Urwa said, "Az-Zubayr quarrelled with a man of the Ansar and the Prophet, may Allah bless him and grant him peace, said, 'Zubayr, irrigate and then let it through.' The Ansari said, 'He is your aunt's son.' He, peace be upon him, said, 'Water, Zubayr and then let the water reach the wall and then stop.' Az-Zubayr said, 'I think that this verse was revealed about that: "No, by your Lord, they are not believers until they make you their judge in the disputes that break out between them."'" IX: Watering the upper part to the ankles 2233. It is related from 'Urwa ibn az-Zubayr, "A man of the Ansar quarrelled with az-Zubayr about the lava-bed canals by which the palm-trees were irrigated. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Irrigate, Zubayr (and he commanded what was reasonable) and then let the water pass through to your neighbour.' The Ansari said, 'Is it because he is your aunt's son?' The face of the Messenger of Allah, may Allah bless him and grant him peace, changed colour and then he said, 'Water, Zubayr, and then retain the water until it reaches the wall.' So he gave him his full right. Az-Zubayr said, By Allah, I think that this ayat was revealed about that, "No, by your Lord, they are not believers until they make you their judge in the disputes that break out between them."' (4:65)" Ibn Shihab said to me, "The Ansar and other people thought that the words of the Prophet, may Allah bless him and grant him peace, 'Water and then retain the water until it reaches the wall' meant up to the ankles." X: The excellence of giving water 2234. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Once a man was walking and was very thirsty. He went down a well and drank from it. Then he came back out and found a dog there, panting, which had been driven by thirst to eating mud. He said, 'This dog has reached the same state as I was in.' So he filled his leather sock and, holding it in his mouth, climbed back up and let the dog drink Allah thanked him for that and forgave him." They said, "Messenger of Allah, do we get a reward then on account of animals?" He said, "There is a reward on account of every live animal [lit. everything with a moist liver]." It is corroborated from Muhammad ibn Ziyad. 2235. It is related from Asma' bint Abi Bakr that the Prophet, may Allah bless him and grant him peace, prayed the Eclipse Prayer and said, "The Fire drew so close to me that I said, 'O Lord, am I going to be one of them?' Suddenly there was a woman there (I think that he said a cat was
mauling her). I said, 'What is happening to her?' They said, 'She shut the cat up until it died of hunger.'" 2236. It is related from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "A woman was punished on account of a cat which she shut up until it died of hunger. She entered the Fire because of it." He said, "He will say - and Allah knows best, 'You did not feed it nor give it water when you shut it up nor did you let it loose to eat from the grass of the earth.'" XI: Someone thinking that the owner of a water basin and waterskin has more right to what he owns 2237. It is related that Sahl ibn Sa'd said, "The Messenger of Allah, may Allah bless him and grant him peace, was brought a cup and drank. On his right was a boy who was the youngest of the people present while the old men were on his left. He said, 'Boy, will you give me permission to give it to the old men?' He said, 'I would not let anyone else have something you were going to allot to me, Messenger of Allah,' so he gave it to him." 2238. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "By the One in whose hand my soul is, I will drive away men from my Basin just as unfamiliar camels are driven from a watering place." 2239. It is related from Ibn 'Abbas that the Prophet, may Allah bless him and grant him peace, said, "May Allah be merciful to the mother of Isma'il! If she had left Zamzam (or he said, 'If she had not taken handfuls of water') it would have been a flowing fountain. Jurham came and said, 'Will you give us permission to camp with you?' She said, 'Yes, but you have no right to the water.' They said, 'Alright.'" 2240. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "There are three people that Allah will not speak to nor look at on the Day of Rising: a man who swears that he has been offered more for his goods than he has been offered and is lying, a man who swears a false oath after 'Asr in order to get the property of another Muslim man and a man who withholds excess water. Allah will say, 'Today I will withhold My bounty as you withheld the bounty of something that was not the work of your hands.'" Another isnad which reaches back to the Prophet, may Allah bless him and grant him peace. XII: There is no hima (private pasturage) except that of Allah and His Messenger 2241. It is related that as-Sa'b ibn Jaththama said that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is no hima except that of Allah and His Messenger." [Ibn Shihab] said, "It has been conveyed to us that the Prophet, may Allah bless him and grant him peace, made an-Naqi' a hima and that 'Umar made a hima at ash-Sharaf and ar-Rabadha." XIII: People and animals drinking from rivers
2242. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Horses are a reward for one man, and a shelter for another man and a burden for another man. He for whom they are a reward is a man who tethers them in the way of Allah giving them a long tether in a pasture or meadow. He will have good deeds for everything the horse gets from the pasture or the meadow to the full extent of its tether. If it breaks its tether and crosses a hill or two, then he has good deeds for its tracks and dung. If it crosses a river and drinks from it, that will constitute good deeds for him even if he did not intend to give it water. So there is a reward for all of that. There is also the man who tethers them in order to be selfsufficient (from people) and to be able to refrain from asking from them, and then he does not forget the right of Allah over their necks (i.e. zakat if they are used for trade) and their backs (i.e. not overloading them), so they constitute a shelter for him. Then there is the man who tethers them out of boasting and showing-off and enmity towards the people of Islam. They constitute a burden for that man." The Messenger of Allah, may Allah bless him and grant him peace, was asked about donkeys and said, "Nothing has been revealed to me about them except this general single verse, 'Whoever has done an atom's weight of good will see it and whoever has done an atom's weight of evil will see it.'" (99:7-8) 2243. It is related that Zayd ibn Khalid said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about finding some lost property. The Prophet, may Allah bless him and grant him peace, said, 'Note the details of its container and its binding and publicise it for a year. If its owner comes, (give it to him). Otherwise, do what you want with it.' He said, 'What about a lost sheep?' and he said, 'It is for you, your brother or the wolf.' Then he said, 'What about a lost camel?' and he said, 'It has nothing to do with you. It has its water and its feet and it will find water and graze from the trees until its owner finds it.'" XIV: Selling wood and grass 2244. It is related from az-Zubayr ibn al-'Awwam that the Prophet, may Allah bless him and grant him peace, said, "It is better for one of you to take ropes and bring a bundle of firewood on his back and sell it so that Allah gives him what he needs than for him to ask people who then give to him or refuse to." 2245. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is better for one of you to take a rope and carry firewood on his back than for him to go to a man to beg from him who then gives to him or refuses to." 2246. It is related that 'Ali ibn Abi Talib said, "I received an old she-camel as my share of the booty for being at the Battle of Badr with the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, gave me another old she-camel. One day I made both of them kneel at the door of a man of the Ansar, intending to load them with idhkhir to sell. With me was a goldsmith of the Banu Qaynuqa'. I
wanted to use the proceeds for my wedding feast with Fatima. Hamza ibn 'Abdi'l-Muttalib was drinking in that house and there was a singer with him who said, 'O Hamza! The fat old shecamels!' Hamza went to them with his sword and cut off their humps and opened their sides and took some of their livers. (I said to Ibn Shihab, 'Part of their humps?' He said, 'He cut off their humps and took them.')" Ibn Shihab said that 'Ali said, "I looked at a sight which appalled me and I went to the Prophet of Allah, may Allah bless him and grant him peace. Zayd ibn Haritha was with him and I told him the news. He went out with Zayd and I went with him. He went to Hamza and was harsh with him and Hamza looked up and said, 'Are you people anything but the slaves of my fathers?' The Messenger of Allah, may Allah bless him and grant him peace, backed away from them. That was before wine was made unlawful." XV: Land grants 2247. It is related that Anas said, "The Prophet, may Allah bless him and grant him peace, wanted to make a land grant of Bahrayn and the Ansar said, 'Not until you give the same land grant to our brothers of the Muhajirun that you give to us.' He said, 'After I have gone you will see others being given preference over you, so be patient until you meet me.'" XVI: Written documentation of land grants 2248. It is related that Anas said, "The Prophet, may Allah bless him and grant him peace, summoned the Ansar to give them a land grant in Bahrayn. They said, 'Messenger of Allah, if you do it, write a document giving the same to our brothers of Quraysh.' The Prophet, may Allah bless him and grant him peace, could not do that and said, 'After I have gone you will see others being given preference over you, so be patient until you meet me.'" XVII: Milking she-camels near water 2249. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Part of a camel's right is to be milked at a place where there is water." XVIII: A man being able to pass through or irrigate in a garden or a palm grove The Prophet, may Allah bless him and grant him peace, said, "If anyone sells palm-trees after they have been pollinated, the fruit belongs to the seller." The seller is permitted to pass through and irrigate them until he cuts the fruit. The same applies to the owner of an 'ariyya. 2250. It is related from the father of Salim ibn 'Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone sells palm-trees which have been pollinated, their fruits belong to the seller unless the buyer stipulates its inclusion. If anyone sells a slave who owns property, his property belongs to the seller unless the buyer stipulates its inclusion." (Muwatta, Book 31, 2) It is related from 'Umar, "...about the slave."
2251. It is related that Zayd ibn Thabit said, "The Prophet, may Allah bless him and grant him peace, gave a dispensation for 'ariyyas to be sold according to an estimate of the amount of their fruit." 2252. It is related from Jabir ibn 'Abdullah that the Prophet, may Allah bless him and grant him peace, forbade the mukhabara and muhaqala and the muzabana transactions and the selling of dates before it was clear that they were sound and fruits being sold for other than dinars and dirhams except in the 'ariyya sale. 2253. It is related that Abu Hurayra said, "The Prophet, may Allah bless him and grant him peace, gave a dispensation for the sale of 'ariyyas according to an estimate of the amount of dates in cases where the amount was less than or equal to five wasqs." (Da'ud was uncertain about that.) 2254. It is related from Rafi' ibn Khadij and Sahl ibn Abi Hathma that the Messenger of Allah, may Allah bless him and grant him peace, forbade the muzabana sale, i.e. selling dates for dates - except for 'ariyya sales. He gave permission for that. Ibn Ishaq said that Bushayr related the like of it.
Chapter 46. Book of Asking for Loans, Paying Debts, Freezing Funds and Bankruptcy
I: Someone who buys on credit and does not have the money to pay or does not have it with him 2255. It is related that Jabir ibn 'Abdullah said, "I went on an expedition with the Prophet, may Allah bless him and grant him peace, and he said, 'What is wrong with your camel? Will you sell it to me?' I replied, 'Yes,' and I sold it to him. When he reached Madina, I brought him the camel and he gave me the price." 2256. It is related that al-A'mash said, "We mentioned pledges in connection with thesalam sale in the presence of Ibrahim and he said, 'Al-Aswad related to me from 'A'isha that the Prophet, may Allah bless him and grant him peace, bought some food from a Jew to be paid at a later date, and left his iron armour with him as a pledge.'"
II: Someone taking people's property intending to repay it or destroy it 2257. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "If someone takes people's property intending to repay it, Allah will repay it for him, and if someone takes it intending to destroy it, Allah will destroy him."
III: Paying debts Allah Almighty says, "Allah commands you to return to their owners the things you hold on trust and, when you judge between people, to judge with justice. How excellent is what Allah exhorts you to do! Allah is All-Hearing, All-Seeing." (4:58) 2258. It is related that Abu Dharr said, "I was with the Prophet, may Allah bless him and grant him peace, when he saw it (i.e. Uhud) and said, 'I would not like to have it turned into gold for me and then have even one dinar of it remain with me for more than three days except a dinar I might keep for paying debts.' Then he said, 'Those who have a lot (in this world) will have little (reward in the Next) except for someone who spends his money here and there, (and Abu Shihab indicated in front of him, to his right and to his left.) and they are few.' He said, 'Stay where you
are,' and went forward a little way and I heard a voice and wanted to go, but then I remembered his words, 'Stay where you are until I come back to you.' When he came back, I said, 'Messenger of Allah, who was that I heard? (or he said, 'What was the voice I heard?') He said, 'Did you hear something?' I said, 'Yes.' He said, 'Jibril, peace be upon him, came to me and said, "Any of your community who die without associating anything with Allah will enter the Garden." I said, "Even if he does such-and-such actions?" He said, "Yes."'" 2259. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If I had the equivalent of Uhud in gold, I would not be happy for three days to pass with any of it still in my possession except for something I might keep to pay off a debt." Salih and 'Uqayl related it from az-Zuhri.
IV: Asking for a loan of camels 2260. It is related from Abu Hurayra that a man came to ask the Messenger of Allah, may Allah bless him and grant him peace, to settle his debt and spoke coarsely to him. His Companions went for him and the Messenger of Allah. may Allah bless him and grant him peace, said, 'Leave him alone. The one with a right is allowed to speak. Buy him a camel and give it to him.' They said, "Messenger of Allah, we can only find one which is better than the age that this one warrants.' He said, 'Buy it and give it to him. 'The best of you is he who is most generous in settlement.'"
V: Acting well when asking for debts to be paid 2261. It is related from Hudhayfa that the Prophet, may Allah bless him and grant him peace, said, "A man died and was questioned. He said, 'I used to buy and sell with people and I used to make things easy for the wealthy and give those in difficulty time to pay,' and he was forgiven." Abu Mas'ud said, "I heard this from the Prophet, may Allah bless him and grant him peace."
VI: Can one give an older (camel) than the one he owes? 2262. It is related from Abu Hurayra "A man came to the Prophet, may Allah bless him and grant him peace, to ask (for a camel) he owed him. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give it to him.' They said, 'We can only find one which is better than the age that this one warrants.' The man said, 'You have given me full payment. May Allah
give you full payment!' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give it to him. 'The best people are those who are most generous in settlement.'"
VII: Settling debts in a good manner 2263. It is related that Abu Hurayra said, "The Prophet, may Allah bless him and grant him peace, owed a man a camel of a certain age and he came to him to ask for it. He said, 'Give it to him.' They looked for one of that age, but only found one older. He said, 'Give it to him.' He said, 'You have given me full payment. May Allah give you full payment!' The Prophet, may Allah bless him and grant him peace, said, 'The best of you is he who is most generous in settlement.'" 2264. It is related that Jabir ibn 'Abdullah said, "I came to the Prophet, may Allah bless him and grant him peace, while he was in the mosque. (Mis'ar said, 'I think that he said, 'in the forenoon') He said, 'Pray two rak'ats.' He owed me for a debt which he paid me, giving me extra."
VIII: When someone pays less than is due or has his debt discharged, that is permitted 2265. It is related that Jabir ibn 'Abdullah said that his father was killed in the Battle of Uhud as a martyr while he had debts. (He said,) "The creditors were insistent about their rights and I went to the Prophet, may Allah bless him and grant him peace, and he asked them to accept the dates of my garden and discharge my father, but they refused. The Prophet, may Allah bless him and grant him peace, did not give them my garden. He said, 'We will come to you in the morning.' He came to us early in the morning and walked about amid the palm-trees and prayed for blessing in their fruit. I cut them paid them off and we still had some of its dates left."
IX: When someone settles an account (by their having an equivalent debt) or giving dates for dates or something else without measurement or weighing 2266. It is related from Wahb ibn Kaysan that Jabir ibn 'Abdullah informed him that his father died and left a debt of thirty wasqs to a man of the Jews. Jabir asked for time to pay and the man refused to give him it, so Jabir spoke to the Messenger of Allah, may Allah bless him and grant him peace, to intercede with him on his behalf. The Messenger of Allah, may Allah bless him and grant him peace, went and spoke to the Jew about taking the fruit of his palm-trees in return for what he was owed, but he refused to do so. The Messenger of Allah, may Allah bless him and grant him peace, then went in among the date-palms and walked about among them and then said to Jabir, 'Cut them and give him what is due him.' So he cut them after the Messenger of Allah, may Allah bless him and grant him peace, had left and he gave him a full thirty wasqs and had
seventeenwasqs over. Jabir came to the Messenger of Allah, may Allah bless him and grant him peace, to tell him what had happened and found him praying 'Asr. When he finished, he told him about the surplus and he said, 'Tell that to Ibn al-Khattab.' Jabir went to 'Umar and told him and 'Umar said to him, 'I knew when the Messenger of Allah, may Allah bless him and grant him peace, walked in it, that it would be blessed."
X: Someone seeking refuge from debts 2267. It is related that 'A'isha reported that the Messenger of Allah, may Allah bless him and grant him peace,used to make supplication in the prayer: "O Allah, I seek refuge with You from wrong action and debt." Someone remarked to him, "How often you seek refuge from debt, Messenger of Allah!" He said, "When a man is in debt, when he speaks, he lies and when he makes a promise, he breaks it."
XI: The prayer over someone who died leaving debts 2268. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "If anyone leaves money, it is for his heirs, but if anyone dies leaving weak dependants (or debts) it is our duty (to take care of them)." 2269. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "There is no believer but that I am closer to him than anyone both in this world and the next. If you wish, recite, 'The Prophet is closer to the believers than their own selves.' (33:6) If any believer dies and leaves money, it goes to whatever legal heirs he has. But if anyone leaves a debt or a needy family, I am the one to come to. I am his guardian."
XII: Any delay in payment on the part of a rich person is injustice 2270. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Delay in payment on the part of a rich man is injustice."
XIII: The person with a right can speak It is mentioned that the Prophet, may Allah bless him and grant him peace, said, "Any delay in payment on the part of someone who has the means opens the way for his punishment and for damage to his reputation." Sufyan said that "his reputation" means that his delay in payment is talked about and "his punishment" means his imprisonment.
2271. It is related from Abu Hurayra that a man came to ask the Prophet, may Allah bless him and grant him peace, to pay his debts and spoke coarsely to him. His Companions went for him and the Messenger of Allah, may Allah bless him and grant him peace, said, "Leave him alone. The one with a right is allowed to speak."
XIV: When someone finds his property with a bankrupt person to whom he has sold it, lent it, or entrusted it, he has the greatest right to it Al-Hasan said, "When someone is bankrupt and that is ascertained [by the judge], he is not permitted to set slaves free nor to buy or sell." Sa'id ibn al-Musayyab said that 'Uthman judged that if someone took part of what he was due before the person became bankrupt, that was his. If someone recognises his goods, he has most right to them. 2272. It is related that Abu Hurayra was heard to say that the Messenger of Allah, may Allah bless him and grant him peace, said - or he said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'If anyone finds any of his property with another man, or person, who has become bankrupt, he has more right to it than other people." (Muwatta, Book 31, 88)
XV: Someone delaying a creditor for a day or so and not thinking that that constituted delay in payment Jabir said, "When the creditors of my father were insistent in demanding their rights in respect of the debts of my father, the Prophet, may Allah bless him and grant him peace, asked them to accept the fruits of my garden, but they refused. So he did not give them the fruits of the garden nor have them picked. He said, 'I will come to you tomorrow.' He came to us in the morning and prayed that its fruits would be blessed, and so I paid them off."
XVI: Someone selling the property of a bankrupt or poor man and then dividing the proceeds among the creditors or giving it to him so that he could spend it on himself 2273. It is related that Jabir ibn 'Abdullah said, "A man set free a slave of his by tadbir(to be set free on his death) and then became in need of money. The Prophet, may Allah bless him and
grant him peace, took the slave and said, 'Who will buy him from me?' Nu'aym ibn 'Abdullah purchased him and he took its price and gave it to the owner."
XVII: When something is lent for a fixed term, or selling on credit for a fixed term Ibn 'Umar said that there is no harm in a loan for a fixed term, even if someone gives more dirhams (in repayment), as long as the creditor has not stipulated that. 'Ata' and 'Amr ibn Dinar said, "He has the loan for that fixed term." 2274. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "He mentioned a man among the Tribe of Israel who asked another of the Tribe of Israel to lend him something, and he gave it to him for a fixed term." The hadith... (see 1427)
XVIII: Interceding to ask for a reduction in a debt 2275. It is related that Jabir said, "My father died leaving children and debts. I asked those who were owed something to reduce some of his debt, but they refused to do so. Therefore I went to the Prophet, may Allah bless him and grant him peace, and asked him to intercede with them. They still refused. He said, 'Go and put your dates into their different categories, the 'adhq ibn Zayd (inferior dates) on one side, the layyin on one side, and the 'ajwa (excellent dates) on another side and then call them together and wait until I come.' I did that and then he, may Allah bless him and grant him peace, came and sat where they were. He measured for each man until he had his full amount, and the dates still remained as if they had not been touched at all. I was on a raid together with the Prophet, may Allah bless him and grant him peace, riding a camel we had which was tired out and caused me to fall behind. The Prophet, may Allah bless him and grant him peace, struck it with a stick from behind and said, 'Sell it to me and you can ride it back to Madina.' When were near, I asked his permission, saying, 'Messenger of Allah, I am newly married.' He, may Allah bless him and grant him peace, said, 'Who have you married, a virgin or someone who has already been married?' I said, 'Someone who has already been married. 'Abdullah died leaving young daughters, so I am marrying a woman who has been married before so that she can teach them and discipline them.' Then he said, 'Go to your family.' I went and told my uncle about selling the camel and he rebuked me. I told him about the slowness of the camel and what the Prophet, may Allah bless him and grant him peace, had done and how he had hit it. When the Prophet, may Allah bless him and grant him peace, came, I took the camel to him in the morning and he gave me the price of the camel, the camel itself and my share of the booty along with everyone else."
XIX: What is forbidden in respect of wasting wealth The words of Allah Almighty, "Allah does not love corruption," (2:205) and "Allah does not uphold the actions of corrupters." (10:81) He says, "Do your prayers instruct you that we should abandon what our fathers worshipped or stop doing whatever we want to with our wealth?" (11:87) And He says, "Do not hand over to the simple-minded any property of theirs ..." (4:5) The prohibition is contained in this together with the prohibition of treachery. 2276. It is related that Ibn 'Umar said, "A man told the Prophet, may Allah bless him and grant him peace, "I am often duped in transactions.' He said, 'When you buy, say, "No cheating"' The man used to say this." 2277. It is related that Al-Mughira ibn Shu'ba said that the Prophet, may Allah bless him and grant him peace, said, "Allah has forbidden you: disobedience to your mothers, burying your daughters alive, refusing to fulfil your obligations and taking what is not lawfully yours. He dislikes you to indulge in useless talk, asking too much and wasting wealth."
XX: The slave is a shepherd of his master's property and he should only use it with his permission 2278. It is related that 'Abdullah ibn 'Umar heard the Messenger of Allah, may Allah bless him and grant him peace, say. "Each of you is a shepherd and responsible for his flock. An Imam is a shepherd and he is responsible for those in his care. A man is a shepherd in his family and is responsible for those in his care. The woman is a shepherd in her husband's house and is responsible for those in her care. The servant is a shepherd of his master's property and is responsible for what is in his care." He said, "I heard this from the Messenger of Allah, may Allah bless him and grant him peace, and I think that he also said, 'A man is a shepherd of his father's property and is responsible for what is in his care. All of you are shepherds and each of you is responsible for his flock.'"
Chapter 47. Book of Disputes
I: What is mentioned about summoning the debtor, detaining him, and disputes between a Muslim and a Jew 2279. It is related that 'Abdullah said, "I heard a man reciting an ayat when I had heard it differently from the Prophet, may Allah bless him and grant him peace. So I took him by the hand and brought him to the Messenger of Allah, may Allah bless him and grant him peace. He said, 'Both of you act well.'" Shu'ba said, "I think that he said, 'Do not disagree. Those before you disagreed and perished.'" [The ayat was in Surat ar-Rahman] 2280. It is related that Abu Hurayra said, "Two men insulted one another - one of the men was a Muslim and the other man was a Jew. The Muslim said, 'By the One who chose Muhammad over all the worlds,' and the Jew said, 'By the One who chose Musa over all the worlds.' At that, the Muslim raised his hand and slapped the Jew's face. So the Jew went to the Prophet, may Allah bless him and grant him peace, and told him about what had happened between him and the Muslim. The Prophet, may Allah bless him and grant him peace, summoned the Muslim and asked him about that and he told him. The Prophet, may Allah bless him and grant him peace, stated, 'Do not prefer me over Musa. On the Day of Rising, people will faint, and I will faint with them. I will be the first to regain consciousness, and there will be Musa grasping the Throne. I do not know whether he will be among those who fainted and came to before me, or if he was one of those that Allah excepted.'" 2281. It is related that Abu Sa'id al-Khudri said, "While the Messenger of Allah, may Allah bless him and grant him peace, was seated, a Jew came and said, 'Abu'l-Qasim! One of your Companions has struck my face.' 'Who?' he asked. He replied, 'A man of the Ansar.' He said, 'Summon him,' and he asked, 'Did you strike him?' He said, 'I heard him taking an oath in the market, "By the One who chose Musa over all mankind." I said, "O base one, above Muhammad, may Allah bless him and grant him peace!" Anger took hold of me and I struck his face.' The Prophet, may Allah bless him and grant him peace, said, 'Do not make rivalry between the Prophets. On the Day of Rising people will faint and I will be the first from the earth splits.
There will be Musa holding to one of the legs of the Throne, and I do not know whether he will be among those who fainted or if the first unconsciousness was enough for him.'" 2282. It is related from Anas that a Jew crushed a girl's head between two stones. It was said (in her presence), "Who did this to you? So-and-so? So-and-so?" until the Jew was named. Then she indicated it was him with her head. The Jew was seized and confessed. The Prophet, may Allah bless him and grant him peace, commanded that his head be crushed between two stones.
II: Cancelling transactions of a fool and someone weak of intellect, even if the ruler has not declared him legally incompetent It is reported from Jabir that the Prophet, may Allah bless him and grant him peace, refused the someone's sadaqa before he forbade him [to give] and then he forbade him [to do the same]. Malik said, "When a man is in debt to another man and the only thing which he has is a slave whom he then sets free, he is not permitted to set him free. If someone sells something for someone who is weak-minded or the like and then gives its price to him, commanding him to use it correctly and look after it and he then spoils it, he can stop him because the Prophet, may Allah bless him and grant him peace, forbade wasting property. He said to the one who was often duped in transactions, "When you buy, say, 'No cheating.'" The Prophet. may Allah bless him and grant him peace, did not take his money. 2283. It is related that Ibn 'Umar was heard to say, "There was a man who was duped in transactions. and the Prophet, may Allah bless him and grant him peace, told him, 'When you buy, say, "No cheating."' He used to say that." 2284. It is related from Jabir that a man set a slave of his free and that was the only property that he possessed. The Prophet, may Allah bless him and grant him peace, cancelled that [transaction] and Nu'aym ibn an-Nahham bought the slave from him.
III: Litigants arguing against one another 2285. It is related that 'Abdullah said that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever swears an oath in which he lies in order to take the property of a Muslim by means of it, will meet Allah who will be angry with him." He said that al-Ash'ath said, "By Allah, that was about me. There was some land that was shared between me and a Jewish man, and he denied my claim, so I took him to the Prophet*. The Messenger of Allah, may Allah bless him and grant him peace, asked me, 'Do you have a clear proof?' I answered,
'No.' He said to the Jew, 'Swear.'" He said, "I said, 'Messenger of Allah, then he will swear and make off with my property.' Then Allah Almighty revealed, 'Those who sell Allah's contract and their own oaths for a paltry price ....' (3:77)" 2286. It is related from Ka'b that he asked Ibn Abi Hadrad in the mosque to repay a debt he owed him and they raised their voices so loud that the Messenger of Allah, may Allah bless him and grant him peace, who was in his house, heard them. He came out to them, raising the curtain of his room. He called out, "Ka'b!" He said, "At your service, Messenger of Allah!" He said, "Reduce your debt by this much," and indicated a half to me. He said, "It is done, Messenger of Allah." He said, "Get up and pay it to him." 2287. It is related that 'Umar ibn al-Khattab was heard to say, "I heard Hisham ibn Hakim ibn Hizam reciting Surat al-Furqan in a different way to the way I recite it, and the Messenger of Allah, may Allah bless him and grant him peace, had taught me to recite it. I was about to hasten to remonstrate, but then I waited until he was finished. Then I collared him with his cloak and brought him to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'I heard this person reciting differently than how you taught me to recite.' He said to me, 'Let him go.' Then he said to him, 'Recite,' and he recited. He said, 'That is how it was revealed.' Then he said to me, 'Recite,' and I recited. He said, 'That is how it was revealed. The Qur'an was sent down in seven modes (ahruf), so recite what is easy of it.'" (Muwatta, Book 15, 5)
IV: Ejecting the people of acts of rebellion and litigation from the houses after they are recognised 'Umar ejected the sister of Abu Bakr when she wailed. 2288. It is related from Abu Hurayra said that Prophet, may Allah bless him and grant him peace,said, "I seriously considered ordering the prayer be called and then coming up behind certain men and burning their houses down about them! "
V: A claim based on the will of the dead person 2289. It is related from 'A'isha that 'Abd ibn Abi Waqqas and Sa'd ibn Abi Waqqas took a disagreement about the son of the slavegirl of Zam'a to the Prophet, may Allah bless him and grant him peace. Sa'd said, 'Messenger of Allah, my brother made a last testament to me that I should come and look out the son of the slavegirl of Zam'a and take him (into my care). (He said,) "He is my son."' 'Abd ibn Zam'a said, 'He is my brother the son of my father's slavegirl. He was born on my father's bed.' The Prophet, may Allah bless him and grant him peace, discerned a
clear resemblance between the child and 'Utba. He said, 'He is yours, 'Abd ibn Zam'a. The child belongs to the bed. Veil yourself from him, Sawda.'"
VI: Binding those whose corruption is feared Ibn 'Abbas bound 'Ikrima in order to teach him the Qur'an, the sunan and the shares of inheritance 2290. It is related that Abu Hurayra was heard to say, "The Prophet, may Allah bless him and grant him peace, sent some horsemen in the direction of Najd and they came back with a man from the Banu Hanifa called Thumama ibn Uthal, the chief of the people of Yamama, whom they bound to one of the pillars of the mosque. The Prophet, may Allah bless him and grant him peace, came out to him and said, 'What do you have, Thumama?' He said, 'Good, O Muhammad.'" He mentioned the hadith and he said, "Release Thumama." [See 450]
VII: Tying up and imprisoning in the Haram Nafi' ibn 'Abdu'l-Harith bought a house from Safwan ibn Umayya to use as a prison in Makka. Provided that 'Umar agreed, the sale would be concluded. If 'Umar did not agree, then Safwan would have four hundred dinars. Ibn az-Zubayr imprisoned people in Makka. 2291. It is related that Abu Hurayra was heard to say, "The Prophet, may Allah bless him and grant him peace, sent some horsemen in the direction of Najd and they returned with a man from the Banu Hanifa called Thumama ibn Uthal whom they bound to one of the pillars of the mosque."
VIII: Detaining debtors 2292. It is related from Ka'b ibn Malik that he was owed a debt by Ibn Abi Hadrad al-Aslami. He met him and detained him and they talked until they raised their voices. The Prophet, may Allah bless him and grant him peace, passed by them and called out, "Ka'b!" He indicated with his hand as if he was saying "A half." So he took half of what he was owed and left the other half.
IX: Demanding what one is owed 2293. It is related that Khabbab said, "I used to be a blacksmith in the Jahiliyya and al-'As ibn Wa'il owed me some dirhams, so I went to him to ask for it. He said, 'I will not give it to you until you reject Muhammad, may Allah bless him and grant him peace.' I said, 'By Allah, I will not reject Muhammad, may Allah bless him and grant him peace, until Allah makes you die and then you are brought back to life.' He said, 'Leave me until I die and am resurrected. Then I will be given wealth and children and I will pay you.' So it was revealed, 'Have you seen him who rejects Our Signs and says, 'I will certainly be given wealth and children there.'?'" (19:77)
Chapter 48. Book of Lost Property I: When the owner of a lost object describes the thing, it is given to him 2294. It is related that Ubayy ibn Ka'b said, "I found a purse with a hundred dinars and went to the Prophet, may Allah bless him and grant him peace. He said, 'Publicise for a year.' I publicised it for a year and did not did anyone who recognised it. Then I went to him and he said, 'Publicise it for a year.' I publicised it for a year and did not find anyone. Then I went to him a third time. He said, 'Note the details its container and string and count them in case its owner comes. Otherwise, use them.' I used them." [Shu'ba said,] "I met him [Salama] latter in Makka and he said, 'I do not know whether it was three years or one year.'" II: Lost camels 2295. Zayd ibn Khalid al-Juhani related, saying, "A bedouin came to the Prophet, may Allah bless him and grant him peace, and asked him about finding a lost article. The Prophet, may Allah bless him and grant him peace, said, 'Publicise it for a year. Then note the details of its container and secure it and publicise it for a year. If someone comes and describes it, give it to him, If not, then make use of it' Then he said, 'Messenger of Allah, what about a lost sheep?' He said, 'It is for you, your brother or the wolf.' He said, 'What about the lost camel?' and the Prophet, may Allah bless him and grant him peace, face became red. He said, 'It has nothing to do with you. It has its feet and its water and it will find water and graze from the trees.'" III: Lost sheep 2296. Zayd ibn Khalid al-Juhani related, saying, "The Prophet, may Allah bless him and grant him peace, was asked him about finding a lost article." He claimed that he said, "Note its string and container and then publicise it for a year." Yazid said, "If it is not recognised, then the one who has it can use it, and it is a trust in his keeping." Yahya said, "I do not know whether this is in the hadith of the Messenger of Allah, may Allah bless him and grant him peace, or whether it is something from Yazid. Then he said, "What do you think about a lost sheep?" The Prophet, may Allah bless him and grant him peace, said, "Take it. It is for you, your brother or the wolf." Yazid said, "They are also publicised." Then he said,"What do you think about the lost camel?" and he said, "Leave it. It has its feet and its water and it will find water and graze from the trees until its owner finds it."
IV: When the owner of a lost object is not found after a year, it belongs to the one who found it 2297. Zayd ibn Khalid related: "A man came to the Messenger of Allah, may Allah bless him and grant him peace,and asked him about finding a lost article. The Prophet, may Allah bless him and grant him peace, said, 'Note its container and string and then publicise it for a year. If its owner comes, give it to him, If not, then do what you like with it' He said, 'What about a lost sheep?" He said, "It is for you, your brother or the wolf." He said, 'What about the lost camel?" and he said, "It has nothing to do with you. It has its feet and its water and it will find water and graze from the trees until its owner finds it.'" (Muwatta, Book 36, 46) V: When someone finds a piece of wood or a whip or the like in the sea 2298. It is related from Abu Hurayra from the Messenger of Allah, may Allah bless him and grant him peace, that a man of the tribe of Israel - and the hadith [procedes until, "[The man who had lent it] went out looking for for a ship that might bring him his money and there was a piece of wood. He took it as a firewood for his family. When he sawed it up, he found the money and the paper." [see 1427] VI: When someone finds a date on the road 2299. It is related that Anas said, "The Prophet, may Allah bless him and grant him peace, passed by a fallen date and said, 'If it was not for the fact that it might have beensadaqa, I would have eaten it.'" Another isnad from Anas. 2300. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Sometimes when I return home to my family, I may find a date fallen on my bed. I pick it up to eat it and then I fear that it might be sadaqa, so I throw it away." VII: How a lost object is announced to the people of Makka 2301. It is related from Ibn 'Abbas that the Prophet, may Allah bless him and grant him peace, said, "No dropped thing should picked up in it except by someone who announces that he has done so." It is related from Ibn 'Abbas that the Prophet, may Allah bless him and grant him peace, said, "No dropped thing should picked up in it except by someone who announces it." It is related from Ibn 'Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "Its trees should not be cut down nor its game chased and it is not lawful to pick up dropped things unless the person announces it and its thorn bushes may not be uprooted." Ibn 'Abbas said, "Messenger of Allah, except for the idhkhir herb." He said, "Except for the idhkhir herb."
2302. It is related that Abu Hurayra said, "When Allah let his Messenger, may Allah bless him and grant him peace, conquer Makka, he stood up among the people and praised and glorified Allah and then said, 'Allah saved Makka from the Elephant, but Allah gave the Messenger of Allah, may Allah bless him and grant him peace, and the believers power over it. It was not lawful to anyone before me and it was only lawful for me for one hour of one day. It.will not be lawful for anyone after me. Its game is not to be chased and its thorns are not to be uprooted nor any fallen things picked up in it except by someone who announces it. If someone is killed, then there is a choice between taking blood money or allowing the people of the murdered man to take retaliation.' Al-'Abbas said, 'Except for the idhkhir-herb which we use for our graves and homes!' The Messenger of Allah,may Allah bless him and grant him peace, said, 'Except for theidhkhir-herb.' Abu Shah, a man from Yemen stood up and said, 'Write this for me, Messenger of Allah!' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Write it for Abu Shah.'" I [Al-Walid ibn Muslim] asked al-Awza'i, "What did he mean by 'Write it for me, Messenger of Allah'?" He answered, "This speech which he heard from the Messenger of Allah, may Allah bless him and grant him peace." VIII: No one's animal may be milked without his permission 2303. It is related from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "No one's animal may be milked without his permission. Would one of you like for someone to come to his storehouse and then break his container and take away his food? The udders of people's animals contain their food, so no one's animal should be milked except with his permission." (Muwatta, Book 54, 17) IX: When the owner of lost property comes after a year, it is returned to him because it is a trust with the person who found it 2304. It is related from Zayd ibn Khalid al-Juhani that a man asked the Messenger of Allah, may Allah bless him and grant him peace, said the lost object that is found. He said, "Publicise it for a year and then learn its container and string. Then make use of it. If its owner comes, return it to him." They said, "Messenger of Allah, what about the lost sheep?" He said, "Take it. It is for you, your brother or the wolf.' He said, 'What about the lost camel?' and the Prophet, may Allah bless him and grant him peace, became so angry that his cheeks became red - or his face became red. He said, 'It has nothing to do with you. It has its feet and its water until its owner finds it." X: Does one take lost property that is found and not leave it to spoil or until someone who does not deserve it takes it? 2305. It is related that Suwayd ibn Ghafala was heard to say, "I was with Salman ibn Rabi'a and Zayd ibn Suhan on an expedition when I found a whip. He said to me, 'Drop it,' and I said, 'No. If
I find its owner, [I will give it to him,] otherwise I will use it.' When we went on hajj, I passed by Madina and asked Ubayy ibn Ka'b. He said, 'In the time of the Messenger of Allah, may Allah bless him and grant him peace, I found a purse containing a hundred dinars. I brought it to the Prophet, may Allah bless him and grant him peace, and he said, 'Publicise for a year.' I publicised it for a year and then I went to him and he said, 'Publicise it for a year.' I publicised it for a year and then went to him. He said, 'Publicise it for a year,' and I publicised it for a year and then went to him a fourth time. He said, 'Note the details its contents, container and string. If its owner comes, give it to him. Otherwise, use them.'" Salama related this and said, "I met him later in Makka and he said, 'I do not know whether it was three years or one year.'" XI: The one who announces the found object and does not give it to the Sultan 2306. It is related from Zayd ibn Khalid that a bedouin asked the Prophet, may Allah bless him and grant him peace, about a lost object that is found and he said, "Publicise it for a year. If someone comes and describes its container and string to you, give it to him, If not, then make use of it." Then he asked him about the lost camel and the Prophet's face changed colour. He said, "It has nothing to do with you. It has its water and its feet and it will find water and graze from the trees. Leave it until its owner comes." He asked him about a lost sheep. He said, "It is for you, your brother or the wolf." 2307. It is related that Abu Bakr said, "While I was going, there was a shepherd driving his sheep. I asked, 'Whose servant are you?' He mentioned a man of Quraysh and named him. I knew him. I said, 'Do your sheep have any milk?' He said, 'Yes.' I said, 'Will you milk for me?' He said, 'Yes.' Then I commanded him and he hobbled one of his sheep. Then I commanded him to clean the dust from the teats and then I told him to clean his hands. (He said, 'Like that,') and clapped his hands together. He milked a little milk. I put it in a small pot for the Messenger of Allah, may Allah bless him and grant him peace, and put a rag over its mouth. I poured water over the milk until its bottom was cold. Then I went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Drink, Messenger of Allah.' He drank so that I was pleased."
Chapter 49. Book of Injustices I: On injustices and unlawful appropriation (ghasab) Allah Almighty says, "Do not consider Allah to be heedless of what the wrongdoers do. He is merely deferring them to a Day on which their sight will be transfixed, rushing headlong heads back, eyes vacant, hearts hollow. Warn mankind of the Day when the punishment will reach them. Those who did wrong will say, Our Lord, give us a short reprieve. We will respond to Your call and follow the Messengers.' 'But did you not swear to Me before that you would never meet your downfall, even though you inhabited the houses of those who wronged themselves and it was made clear to you how We had dealt with them and We gave you many examples?' They concocted their plots, but their plots were with Allah, even if they were such as to make the mountains vanish. Do not imagine that Allah will break His promise to His Messengers. Allah is Almighty, Exactor of Revenge." (14:42-47) II: Retaliation in the case of injustices 2308. It is related from Abu Sa'id al-Khudri that the Messenger of Allah, may Allah bless him and grant him peace, said, "When the believers are saved from the Fire, they will be made to stop at a bridge between the Garden and the Fire where they will inflict retaliation on one another for the injustices which arose between them in this world until they are purified and purged. They will be given permission to enter the Garden. By the One in whose hand is the soul of Muhammad, may Allah bless him and grant him peace, one of you will recognise his dwelling in the Garden better than he recognises his dwelling in this world." Another isnad. III: The words of Allah Almighty, "The curse of Allah is on the wrongdoers." (11:18) 2309. It is related that Safwan al-Mazini said, "While I was walking with Ibn 'Umar, holding his hand, a man came up and said, 'What have you heard from the Messenger of Allah, may Allah bless him and grant him peace, about an-najwa (intimate conversation)*?' He replied, 'I heard the Messenger of Alla, may Allah bless him and grant him peace,say, "Allah will bring the believer near and place His veil on him and shield him. He will ask, 'Do you acknowledge such-and-such a wrong action? Do you acknowledge such-and-such a wrong action?' He will reply, 'Yes, O Lord,' until he confesses to all his wrong actions and thinks to himself that he is destroyed. Allah
will say, 'I concealed them for you in this world and I will forgive you for them today.' Then he will be given the book of his good actions. In the case of the unbeleivers and hypocrites, witnesses will say, 'These are the people who lied against their Lord! The curse of Allah is on the wrongdoers!' (11:8)"'" [an-najwa is the secret conversation between Allah and the believer on the Day of Rising.] IV. A Muslim does not wrong another Muslim nor surrender him to his enemy 2310. It is related from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "The Muslim is the brother of the Muslim. He should not wrong him nor surrender him to his enemy. Allah will take care of the needs of anyone who takes care of the needs of his brother. On the Day of Rising Allah will dispel the anxiety of anyone who dispels the anxiety of another Muslim. On the Day of Rising Allah will veil anyone who veils another Muslim." V: Help your brother, whether he is inflicting wrong or is wronged 2311. It is related that Anas ibn Malik was heard to say that the Messenger of Allah, may Allah bless him and grant him peace, said, "Help your brother, whether he is inflicting wrong or is wronged." 2312. It is related that Anas said that the Messenger of Allah, may Allah bless him and grant him peace, said, "Help your brother, whether he is inflicting wrong or is wronged." They said, "Messenger of Allah, We can help him if he is wronged but how we can help him if he is wronging?" He said, "You can take hold of his hands [to restrain him.]" VI. CHAPTER: Helping the wronged 2313. It is related that al-Bara' said, "The Prophet, may Allah bless him and grant him peace, instructed us to do seven things and forbade us seven. He mentioned visiting the sick, joining funeral processions, blessing the sneezer, returning the greeting, helping the wronged, accepting invitations, and fulfilling oaths." 2314. It is related from Abu Musa that the Prophet, may Allah bless him and grant him peace, said, "A believer in respect of another believer is like a building whose parts support one another." and he intertwined his fingers. VII: Seeking help against the one who wrongs By His words, may His mention be exalted, "Allah does not like evil words to be voiced out loud, except in the case of someone who has been wronged. Allah is All-Hearing, AllKnowing," (4:148) and "those who, when they are wronged, defend themselves."(42:39) Ibrahim said, "They disliked being humbled, and when they were able, they forgave."
VIII: Forgiveness by the one who has been wronged By His words, may He be exalted, "If you reveal a good act or keep it hidden, or pardon an evil act, Allah is Ever-Pardoning, All-Powerful," (4:149) and "The requital of a bad action is one equivalent to it. But if someone pardons and puts things right, his reward is with Allah. Certainly He does not love wrongdoers. But if people do defend themselves when they are wronged, nothing can be held against them for doing that. There is only something against those who wrong people and act as tyrants in the earth without any right. Such people will have a painful punishment. But if someone is steadfast and forgives, that is the most resolute course to follow. Whoever Allah misguides has subsequently no protector. You will see the wrongdoers saying, when they see the punishment, 'Is there no way back?'" (42:40-44) IX: Injustice will be darkness on the Day of Rising 2315. It is related from 'Abdullah ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "Injustice will be darkness on the Day of Rising." X: Saving oneself and being on guard against the invocation of the wronged 2316. It is related from Ibn 'Abbas that the Prophet, may Allah bless him and grant him peace, sent Mu'adh to the Yemen and said, "Be fearful of the invocation of the wronged. There is no veil between it and Allah." XI: If someone has been wronged by a man and absolves him, is his injustice established? 2317. It is related that Abu Hurayra said that the Prophet, may Allah bless him and grant him peace, said, "Whoever has done an injustice to his brother in respect his honour or anything else should seek to be absolved by him before the day when there will be neither dinar nor dirham. If he has right actions, they will be taken from him to counterbalance the injustice he did, and if he does not have any good actions, some of the bad actions of his friend will be taken and he will be made to carry them." Abu 'Abdullah said that Isma'il ibn Abi Uways said that he is called "al-Maqburi" because he lived in an area of graves (maqabir). Abu 'Abdullah said, "Sa'id al-Maqburi was a client of the Banu Layth. He is Sa'id ibn Abi Sa'id. Abu Sa'id's name was Kaysan." XII: When someone absolves a wrong, he cannot retract that 2318. It is related from 'A'isha about "If a woman fears cruelty or aversion on her husband's part," (4:128) "A man may have a wife whom he does not like much and want to separate from her. She then says, 'I give up my rights to you." The ayat was revealed about that. XIII: When someone gives permission or allows something, but does not make it clear how much it is
2319. It is related from Sahl ibn Sa'd as-Sa'idi that the Messenger of Allah, may Allah bless him and grant him peace, was given a drink and he drank from it. A boy was to his right and old men to his left. He said to the boy, "Will you give me permission to give it to these men?" The boy said, "By Allah, Messenger of Allah, I will not prefer anyone with my portion from you!" He said, "The Messenger of Allah, may Allah bless him and grant him peace, then placed it in his hand." XIV: The wrong action of someone who commits an injustice in respect of land 2320. It is related from Sa'id ibn Zayd that he heard the Messenger of Allah, may Allah bless him and grant him peace, say, "If someone commits an injustice in regard to any land, his neck will be encircled with it from the seven earths." 2321. It is related from Abu Salama that there was a dispute between him and some people and he mentioned that to 'A'isha. She said, "Abu Salama! Avoid taking land unjustly. The Prophet, may Allah bless him and grant him peace, said, 'If anyone wrongs someone else even to the extent of a piece of land measuring a hand's width, his neck will be encircled with it from the seven earths.'" 2322. It is related that the father of Salim said that the Prophet, may Allah bless him and grant him peace, said, "If anyone takes any land without right, on the Day of Rising he will be swallowed up in the seven earths." Abu 'Abdullah said that this hadith was not found in Khurasan in the book of Ibn al-Mubarak which he later dictated to them in Basra. XV: When a person gives another permission for something, it is permitted 2323. It is related from Jabala, "While we were in Madina with some of the people of Iraq, a famine occurred and az-Zubayr used to provide us with dates, Ibn 'Umar passed by us and said, 'The Messenger of Allah, may Allah bless him and grant him peace, used to forbid eating two dates at at time without the man of us asking permission of his brother.'" 2324. It is related from Abu Mas'ud that a man of the Ansar called Abu Shu'ayb had a slave who was a butcher. Abu Shu'ayb said to him, "Prepare enough food for five. I want to invite the Prophet, may Allah bless him and grant him peace, as one of five guests. I noticed hunger in his face." So he invited him and a man came along with them who had not been invited. The Prophet, may Allah bless him and grant him peace, said, "This man has followed us. Will you give him permission?" He said, "Yes." XVI: The words of Allah Almighty, "He is most hostile of adversaries." (2:204) 2325. It is related from 'A'isha that the Prophet, may Allah bless him and grant him peace, said, "The most hateful of men to Allah is the stubbornly quarrelsome." XVII: The wrong action of the one who knowingly falsely argues for something
2326. It is related from Umm Salama, the wife of the Prophet, that he heard some quarrelling at the door of his room and went out to them. He said, "I am a mortal. Litigants come to me and it may be that one of them are more eloquent than the other and so I suppose that he is telling the truth and give judgement in his favour accordingly. If I judge for him the right of a Muslim, it is a piece of the Fire, so he can take it or leave it." XVIII: When the one quarrelling swears a false oath 2327. It is related from 'Abdullah ibn 'Amr that the Prophet, may Allah bless him and grant him peace, said, "If anyone has four characteristics, he is [like] a pure hypocrite, or if anyone has one of the four, he has an aspect of hypocrisy until he gives it up: whenever he speaks, he lies; when he makes an agreement, he breaks it; and when he quarrels, he deviates from the truth speaks falsely; and whenever he is trusted, he betrays his trust." XIX: The retaliation of the wronged person when he finds the property of the one who wronged him Ibn Sirin said, "He takes compensation," and he recited, "If you want to retaliate, retaliate to the same degree as the injury done to you." (16:126) 2328. It is related that 'A'isha said, "Hind bint 'Uqba ibn Rabi'a came and said, 'Messenger of Allah, Abu Sufyan is an avaricious man, so is there anything held against me if I feed our children from what he has?' He said, 'There is nothing held against you if you feed them reasonably." 2329. It is related that 'Uqba ibn 'Amir said, "We said to the Prophet, may Allah bless him and grant him peace, 'You send us out and we stay with a people who do not give us hospitality. What do you think about it?' He said to us, 'If you stay with a people, and they command you with what the guest should have, accept it. If they do not do it, then take the [customary] right of the guest from them.'" XX: What has come about roofed gallerys The Prophet, may Allah bless him and grant him peace, and his Companions sat in the gallery of the Banu Sa'ida. 2330. It is related that 'Umar said, "When Allah made His Prophet, may Allah bless him and grant him peace, die, the Ansar gathered in the gallery of the Banu Sa'ida and I said to Abu Bakr, 'Let's go,' and we went to them in the gallery of the Banu Sa'ida.'" XXI: One should not prevent his neighbour from putting a piece of wood in his wall 2331. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "No neighbour should prevent his neighbour from inserting a piece of wood in
his wall." Then Abu Hurayra said, "Why do I see that you are averse to this? By Allah, I will hurl it at you between your shoulders!" (Muwatta, Book 36, 32) [Meaning, "I will make you abide by it."] XXII: Pouring out wine in the street 2332. It is related from Anas, "While I was serving wine to the people in the house of Abu Talha - and at that time their wine was made from dates, and the Messenger of Allah, may Allah bless him and grant him peace, commanded that a caller announce, 'Wine has been made unlawful!'" Anas said, "Abu Talha said to me, 'Go out and spill it.' So I went out and spilled it and it flowed in the streets of Madina. Some people said, 'People were killed while there was wine in their stomachs.' So Allah revealed, 'Those who believe and do right actions are not to blame for what they have consumed (in the past).' (5:93)" XXIII: The courtyards of houses and sitting in them and sitting on roads 'A'isha said, "Abu Bakr built a mosque in the courtyard of his house in which he prayed and recited Qur'an. The women and children of the idolaters used to crowd around him, marvelling at him. At that time the Prophet, may Allah bless him and grant him peace, was still in Makka." 2333. It is related from Abu Sa'id al-Khudri that the Prophet, may Allah bless him and grant him peace, said, "Beware of sitting in the roadways." They said, "Messenger of Allah. we must have places where we can sit and talk together." The Messenger of Allah, may Allah bless him and grant him peace, said, "If you must sit there, then give the roadway its rights." They asked, "What are the rights of the roadway, Messenger of Allah?" He said, "Lowering the eye, refraining from causing annoyance, returning the greeting, commanding the right and forbidding the wrong." XXIV: Wells on roads if they do not cause harm 2334. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "While a man was on a road, he became very thirsty and he found a well and went down into it. He drank and then came out. There was a dog panting and eating mud out of thirst. The man said, 'This dog has become as thirsty as I was.' So he went down the well and filled up his shoe with water and the let the dog drink. So Allah thanked him and forgave him.'" They said, "Messenger of Allah, do we have a reward for dumb animals?" He said, "There is a reward for every living thing [lit. with a moist liver]." XXV: Removing harm It is related from Abu Hurayra from the Prophet, may Allah bless him and grant him peace, "Removing harm from the road is sadaqa."
XXVI: The upper room and the high room overlooking and not overlooking roofs and others 2335. It is related that Usama ibn Zayd said, "The Prophet, may Allah bless him and grant him peace, looked out on one of the stone castles of Madina and said, 'Do you see what I see? I see the places of sedition lying amidst your houses like spots of rain.'" 2336. It is related that 'Abdullah ibn 'Abbas said, "I was eager to ask 'Umar about the two women among the wives of the Prophet, may Allah bless him and grant him peace, about whom Allah says, 'If the two of you would turn to Allah, for your hearts clearly deviated.' (66:4) I went on hajj with him and he went aside, and I went aside with him with a water vessel. He went out for a call of nature and when he came back, I poured some of the water from the vessel on his hands and he did wudu'. I said, 'Amir al-Mu'minin, who are the two wives of the Prophet. may Allah bless him and grant him peace, about whom Allah says, "If the two of you would turn to Allah, for your hearts clearly deviated"?' He said, 'I am surprised at your question, Ibn 'Abbas. That was 'A'isha and Hafsa.' Then 'Umar proceded to relate the hadith. "He said, 'I and a neighbour of mine from the Ansar were among the Banu Umayya ibn Zayd, which is part of the 'Awali area of Madina. We used to take it in turns to visit the Prophet, may Allah bless him and grant him peace. He would go one day and I would go the next. When I went, I would bring him the news of that day of the revelation and other things. When he went, he did the same. We, the company of Quraysh, used to dominate women, and when we came to the Ansar, they were a people who were dominated by their women. So our women began to adopt the manner of the women of the Ansar. Once I shouted at my wife and she answered me back. I disliked that she should answer me back. She said, "Do you dislike that I should answer you back? By Allah, the wives of the Prophet, may Allah bless him and grant him peace, answer him back! Some of them might not have anything to do with him for the entire day until night!" That alarmed me, so I said, "The one among them who has done this will incur a terrible loss!" "Then I put on my clothes and visited Hafsa. I said, "Hafsa! Does one of you anger the Messenger of Allah, may Allah bless him and grant him peace, for the entire day until night?" She replied, "Yes." I said, "She is ruined and lost! Does she feel secure that Allah will not become angry by the anger of His Messenger, may Allah bless him and grant him peace, so that she will be destroyed? Do not ask from the Messenger of Allah, may Allah bless him and grant him peace, too much and do not answer him back in anything and do not refuse to speak to him. Ask me what you like. Do not be tempted into being like your neighbour since she is more beautiful than you and more beloved to the Messenger of Allah, may Allah bless him and grant him peace," meaning 'A'isha.
"'We were saying that Ghassan were getting ready their mounts to attack us. Once, on a day when it was his turn, my friend went down. He returned in the evening and banged loudly on my door and said, "Is he here?" I was alarmed and came out to him. He said, "Something terrible has happened." I said, "Has Ghassan come?" He said, "No, something worse still and even more serious. The Messenger of Allah, may Allah bless him and grant him peace, has divorced his wives." I said, "Hafsa is ruined and lost!" I used to think that this was about to happen. I got dressed and prayed the Fajr prayer with the Prophet, may Allah bless him and grant him peace. He entered a small upper room of him and withdrew into it. I went to Hafsa and found her weeping. I asked, "Why are you weeping? Didn't I warn you? Has the Messenger of Allah divorced you all?" She said, "I do not know. He is in his small upper room." "'I went out and went to the minbar, A group of people were around it and some of them were weeping. I sat with them a short while and then what I felt overcame me. I went to the small room where he was and I said to a black slave of him, "Ask permission for 'Umar to enter." He went in and spoke to the Prophet, may Allah bless him and grant him peace, and then came out and said, "I mentioned you to him but he was silent." So I went away and sat with the group who were at the minbar. Then what I felt overcame me and I went - and he mentioned the like of it. Then I sat with the group who were at the minbar. Then what I felt overpowered me and I went to the slave and said, "Ask permission for 'Umar, to enter" - and he mentioned the like. When I turned to go, suddenly the slave called me, saying, "The Messenger of Allah, may Allah bless him and grant him peace, gives you permission to enter." "'So I went into him. He was lying down on a woven mat. There was no bedding between him and it and I could see the mark of the mat on his side. He was reclining on a leather cushion stuffed with palm fibre. I greeted him and then I asked while I was standing, "Have you divorced your wives?" He looked up at me and replied, "No." Then I said, sociably while I was standing, "Messenger of Allah, will you listen to me? We, the company of Quraysh, used to dominate our women. Then we came to a people whose women dominate them..." (and he mentioned it.) The Prophet, may Allah bless him and grant him peace, smiled. Then I said, "Will you listen to me? I visited Hafsa and I said, 'Do not be tempted into being like your neighbour since she is more beautiful than you and more beloved to the Messenger of Allah, may Allah bless him and grant him peace,'" meaning 'A'isha. He smiled again. I sat down when I saw him smile. I raised my eyes to look about the room and, by Allah, I did not see anything of note in it except for three hides. I said, "Ask Allah to enrich your community. Persia and Byzantium were made rich and were given this world but they did not worship Allah." He was reclining and then he said, "Do
you have any doubts, Ibn al-Khattab? Those people were repaid for their good actions in the life of this world." I said, "Messenger of Allah, ask forgiveness for me." "'The Messenger of Allah, may Allah bless him and grant him peace, had withdrawn because of the story which Hafsa divulged to 'A'isha. He had said, "I will not go to them for a month," because of the intensity of his anger towards them when Allah rebuked him." "'When twenty-nine days had passed, he went to 'A'isha and began with her. 'A'isha said to him, "You swore that you would not come to us for a month. Twenty-nine days have passed. I have counted them." The Prophet, may Allah bless him and grant him peace, said, "The month is twenty-nine days." That month was twenty-nine days.'" 'A'isha said, "The ayat of choice was sent down and the Prophet began first with me and said, 'I am telling you something and you do not have to hurry before you consult your parents.' I said, 'I know that my parents would not tell me to part from you.' Then he said, 'Allah says, "O Prophet, tell your wives, 'If you desire the life of this world and its finery. . .(to) . . . a huge reward.'" (33:28-29)" I said, 'Am I to consult my parents about this? I desire Allah and His Messenger and the Next Abode.'" Then he gave his wives a choice and they spoke as 'A'isha had done. 2337. It is related from Anas, "The Messenger of Allah, may Allah bless him and grant him peace, swore that he would not go to his wives for a mouth, and his foot was sprained. He sat in an upper room of his. 'Umar came and said, 'Have you divorced your wives?' He said, 'No, but I have sworn not to go them for a month.' He remained for twenty-none days and then came down and went to his wives." XXVII: The one who hobbles his camel on the pavement or at the door of the mosque 2338. It is related that Jabir ibn 'Abdullah said, "The Prophet, may Allah bless him and grant him peace, entered the mosque and I went in to him after hobbling my came in a corner of the pavement. I said, 'This is your camel.' He came out and began to look over the camel. He said, 'Both the price and the camel are yours.'" XXVIII: Standing and urinating at the rubbish dump of people 2339. It is related that Hudhayfa said, "I saw the Messenger of Allah, may Allah bless him and grant him peace," or he said "The Prophet. may Allah bless him and grant him peace, came to the rubbish dump of some people and urinated standing." XXIX: The one who removes a branch or what will injure people from the road and throws it away
2340. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If a man who is walking along on a road finds a thorny branch in the road and removes it, Allah thanks him for doing it and forgives him." XXX: When people disagee about the public road, which is the wide road, and then its owner of the land wants to build, he should leave seven cubits of the road 2341. It is related that Abu Hurayra was heard to say, "The Prophet, may Allah bless him and grant him peace, judged that seven cubits should be left of disputed road." XXXI: Robbery without the owner's permission 'Ubada said, "We gave allegiance to the Prophet, may Allah bless him and grant him peace, based on us not robbing." 2342. It is related that 'Abdullah ibn Yazid al-Ansari said, "The Prophet, may Allah bless him and grant him peace, prohibited robbery and mutilation." 2343. It is related that Abu Hurayra said that the Prophet, may Allah bless him and grant him peace, said, "The fornicator does not commit fornication while he is a believer, and the one who drinks does not drink wine while he is a believer, and the one who steals does not steal while he is a believer. The one who robs, and people raise their eyes to look at him doing it is not a believer when he robs." The like of it is from Abu Hurayra from the Prophet, may Allah bless him and grant him peace, without robbery. Al-Firbari said, "I found in the handwriting of Abu Ja'far, 'Abu 'Abdullah said, "Its explanation is that it (i.e. belief) is removed from him."'" XXXII: Breaking crosses and killing pigs 2344. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The Last Hour will not come until the son of Mary descends among you as a just ruler and he breaks the crosses, kills the pigs, removes the jizya-tax and money will overflow so that no one accepts it." XXXIII: Can the casks containing wine be broken or leather wine bags torn? If one breaks an idol, cross or mandolin or whatever is not useful and made of wood? A case was presented to Shurayh about a broken mandolin, and he did not impose any compensation for it. 2345. It is related from Salama ibn al-Akwa' that the Prophet, may Allah bless him and grant him peace, saw fires been lit on the Day of Khaybar. He said, "For what are these fires being
kindled?" They said, "For (cooking) domestic donkeys." He said, "Break the pots and pour it out." They asked, "Shall we pour it out and wash them?" He said, "Wash them." 2346. It is related that 'Abdullah ibn Mas'ud said, "The Prophet, may Allah bless him and grant him peace, entered Makka when there were three hundred and sixty idols around the Ka'ba. He began to poke them with a stick in his hand, saying, 'Truth has come and falsehood has vanished.'" (17:81) 2347. It is related that 'A'isha had put a curtain with figures on it on a cupboard of hers. The Prophet, may Allah bless him and grant him peace, tore it in half and she made it into two cushions which were in the house to sit on. XXXIV: The one who fights to defend his property 2348. It is related that 'Abdullah ibn 'Amr said, "I heard the Prophet, may Allah bless him and grant him peace, say, ''Anyone who is killed defending his property is a martyr.'" XXXV: When someone breaks a wooden bowl or something belonging to someone else 2349. It is related from Anas that the Prophet, may Allah bless him and grant him peace, was with one of his wives when one of the Mothers of the Believers sent a servant with a bowl containing some food. She [the wife he was with] struck it with her hand and broke the bowl. He put it together and put the food in it and said, 'Eat.' The Messenger kept the servant and the bowl until they had finished. Then he gave him a sound bowl and kept the broken one." [It was 'A'isha who broke it. It is said that it is Safiyya who sent it, but other wives are mentioned as well.] Another isnad from Anas from the Prophet, may Allah bless him and grant him peace. XXXVI: When someone demolishes a wall, he should erect one like it 2350. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "There was a man among the tribe of Israel called Jurayj who used to pray. His mother came to him and called him and he refused to answer her. He said, 'Shall I answer her or prayer?' Then she came to him and said, 'O Allah, do not let him die without having looked into the face of a prostitute!' Jurayj was in his hermitage and a woman said, 'I will seduce Jurayj.' She displayed herself to him and spoke to him, but he refused. She went to a shepherd and offered herself to him. She gave birth to a boy. She said, 'It is by Jurayj.' They went to him and pulled down his hermitage, brought him out of it and abused him. He did wudu' and prayed. Then he went to the boy and said, 'Who is your father, boy?' He said, 'The shepherd.' They said, 'We will build your hermitage out of gold.' He said. 'No, from mud.'"
Chapter 50. Book of Partnership I: Partnership in food, expenses (nahd) [putting individual provisions for a journey all together and then sharing them] and goods How to divide what is measured and weighed at random or handful by handful since the Muslims do not see any harm in sharing in journeys when one person eats some and another person eats some. Distributing gold and silver without measuring it, and eating two dates at the same time. 2351. It is related that Jabir ibn 'Abdullah said, "The Messenger of Allah, may Allah bless him and grant him peace, sent an expedition towards the coast and put Abu 'Ubayda ibn al-Jarrah in command of it. There were three hundred men and I was one of them. We went out until we had gone part of the way and the provisions ran out. Abu 'Ubayda ibn al-Jarrah commanded that the provisions of that army be gathered up and all of that was collected. Our provision consisted of dates. He fed us a little every day until they were finished. Our share was only one date each." [Wahb ibn Kisan said,] "I said, 'What use would one date be to you?' He said, 'We felt its absence when it was finished.' He said, 'Then we reached the coast, there was a large fish like a small hill. That army ate from it for eighteen days. Then Abu 'Ubayda ordered that two of its ribs be set up and then he ordered a camel to be ridden and it passed under them without touching them.'" (Muwatta, Book 49, 24) 2352. It is related that Salama said, "The provisions of the people were reduced and they were in want. They went to the Prophet, may Allah bless him and grant him peace, to ask about slaughtering their camels, and he gave them permission. 'Umar met them and they told him about it. He asked, 'How will you survive without your camels?' He went to the Prophet, may Allah bless him and grant him peace, and said, 'Messenger of Allah, how will they survive without their camels?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Summon the people to bring what remains of their provision.' A leather mat was spread out and they put it on the mat. The Messenger of Allah, may Allah bless him and grant him peace, stood up and made supplication and asked for blessing for it. Then he called on them to bring their vessels and the people took food intil they finished. Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'I testify that there is no god but Allah and that I am the Messenger of Allah.'"
2353. It is related that Nafi' ibn Khadij was heard to say, "We used to pray 'Asr with the Prophet, may Allah bless him and grant him peace, and slaughter a camel. Then we would divide the meat in ten parts and we would eat the cooked meat before the sun set." 2354. It is related that Abu Musa said that the Prophet, may Allah bless him and grant him peace, said, "The Ash'arites ran short of food on a raid - or their families in Madina ran short of food. They gathered together what they had in one cloth and then divided it among themselves equally using the same container. These people are from me and I am from them." II: Zakat is paid jointly and equally on property owned by two partners 2355. It is related from Anas that Abu Bakr wrote to him about the duty of zakat which the Messenger of Allah, may Allah bless him and grant him peace, had made obligatory. He said, "In that which has two partners, they share equally in paying it." III: Division of sheep 2356. It is related that the grandfather of 'Abaya ibn Rifa' ibn Rafi' ibn Khadij said, "We were with the Prophet, may Allah bless him and grant him peace, at Dhu'l-Hulayfa. The people were afflicted by hunger and seized some camels and sheep as booty." He said, "The Prophet, may Allah bless him and grant him peace, was somewhat behind the people and they hurried and slaughtered and set up the pots. The Prophet, may Allah bless him and grant him peace, ordered the pots to be emptied and then divided it. Ten sheep were equal to a camel. One of the camels fled and they went after it until they were exhausted. There were few horses among the people. One of the men among them aimed an arrow at it and Allah stopped the camel. Then the Prophet, may Allah bless him and grant him peace, said, 'Some of these animals are wild like wild animals. If you loose control over them, then do as this man did.'" My grandfather said, "We expect - or fear - that we may meet the enemy tomorrow and not have any knives. Can we slaughter with reeds?" He said, "Use whatever makes the blood flow and eat it when the Name of Allah has been mentioned over it. Do not [slaughter] with teeth or nails, and I will tell you about that. Teeth are bone and the nail is the knife of the Abyssinians.'" (Muwatta, Book 21, 16) IV: Not eating two dates at a time with partners without getting one's companions' permission 2357. It is related that Ibn 'Umar was heard to say, "The Prophet, may Allah bless him and grant him peace, forbade that a man eat two dates at the same time without getting permission from his companions." 2358. It is related that Jabala said, ""While we were in Madina, a famine occurred and az-Zubayr used to provide us with dates. Ibn 'Umar passed by us and said, 'Do not eat two dates at the same time. The Messenger of Allah, may Allah bless him and grant him peace, used to forbid eating two dates at at time without the man asking permission of his brother.'" V: Evaluation of things owned by partners with a fair price
2359. It is related that Ibn 'Umar said that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone sets free his portion or share of a slave - or he said part - and has enough money to cover his full price with a fair value, then he (the slave) is completely emancipated. Otherwise, only that portion of him that he set free is free." Ayyub said, "I do not know whether 'that portion of him that he set free is free' is part of what Nafi' said or is in the hadith from the Prophet, may Allah bless him and grant him peace." 2360. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Whoever sets free a share of his slave, must complete his lineration from his property. If he does not possess enough wealth, then the slave is evaluated with a fair price and then he must work to earn it (his freedom) without making it too arduous for him." VI: Can lots be drawn for shares and divisions? 2361. It is related that an-Nu'man ibn Bashir said that the Prophet, may Allah bless him and grant him peace, said, "The metaphor of someone who stops at the limits of Allah and someone who transgresses them is that of some people who draw lots on a boat. Some of them get the upper deck and some of them the lower. When those in the lower deck want to get water, they have to pass by those above them. Then they say, 'If we were to make a hole in our deck, we would not have to bother those above us.' If they were to let them do what they wanted, all of them would perish. If they seize hold of their hands and stop them, they will be saved and all of them will be saved." VII: The partnership of orphans and other heirs 2362. It is related that 'Urwa asked 'A'isha... It is related that 'Urwa ibn az-Zubayr asked 'A'isha about the words of Allah Almighty,"If you are afraid of not behaving justly towards orphans, then marry other permissible women, two, three or four." (4:3) She said, "O nephew! That is the orphan girl who is in the care of her guardian and shares his property. He admires her wealth and beauty, so her guardian may want to marry her without being fair about her bride-price. He should give her the like of what someone else would give her. They are forbidden from marrying them unless they are just to them and give them the customary bride-price. They are commanded other women who please them." 'Urwa said that 'A'isha said, "Then the people asked the Messenger of Allah, may Allah bless him and grant him peace, for a pronouncement after this verse and Allah revealed,'They will ask you for a definitive ruling about women and also what is recited to you in the Book about orphan girls to whom you do not give the inheritance they are owed, while at the same time desiring to marry them..' (4:127) What Allah mentioned, 'what is recited to you in the Book', is the first verse in which He says, 'If you are afraid of not behaving justly towards orphans, then marry
other permissible women.'" 'A'isha said, "The words of Allah in the other verse, 'desiring to marry them' mean that one of you desires to marry the orphan girl who is in his care when she has little wealth and beauty. They were forbidden from marrying orphan girls they desired for wealth and beauty unless they were fair, as they refrain from them [when they are not beautiful or wealthy]." VIII: Partnership in lands and other things 2363. It is related that Jabir ibn 'Abdullah said, "The Messenger of Allah, may Allah bless him and grant him peace, established pre-emption in all that is not divided, When there are boundaries and roads are made, then there is no pre-emption." IX: When partners divide houses and other things, they have no right to retract from it nor preemption 2364. It is related that Jabir ibn 'Abdullah said, "The Prophet, may Allah bless him and grant him peace, judged that there was pre-emption in all that had not been divided. When there are boundaries and roads are made, then there is no pre-emption." X: Partnership in gold and silver and what is used in money exchange 2365. It is related that Sulayman ibn Abi Muslim said, "I asked Abu'l-Minhal about exchange from hand to hand. He said, 'I and a partner of mine brought something partially with immediate payment and partly with credit. Al-Bara' ibn 'Azib came to us and we asked him about it. He said, "I did that with my partner Zayd ibn Arqam. We asked the Prophet, may Allah bless him and grant him peace, about that and he said, 'Take what is hand to hand and leave what is on credit.'"'" XI: Partnership with the dhimmis and idolaters in sharecropping 2366. It is related that 'Abdullah said, "The Messenger of Allah, may Allah bless him and grant him peace, gave Khaybar to the Jews so they could work it and cultivate and they would have half of what it produced." XII: The division of sheep and being equitable in it 2367. It is related from 'Uqba ibn 'Amir that the Messenger of Allah, may Allah bless him and grant him peace, gave him some sheep to divide among his companions for sacrifices and a lamb was left over. He mentioned it to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "You sacrifice it." XIII: Partnership in food and other things It is mentioned that a man bargained about something and another man indicated to him to buy it. 'Umar thought that that made him a partner.
2368. It is related from 'Abdullah ibn Hisham, who met the Prophet, may Allah bless him and grant him peace, and whose mother, Zaynab bint Humayd, had taken him to the Messenger of Allah, may Allah bless him and grant him peace, that she said, "Messenger of Allah, take his allegiance." He said, "He is young," and he stroked his head and made supplication for him. Zuhra ibn Ma'bad stated that he used to go out to the market with his grandfather, 'Abdullah ibn Hisham, and buy food. Ibn 'Umar and Ibn az-Zubayr would meet him and say to him, "Be our partner. The Prophet, may Allah bless him and grant him peace, prayed for you to have blessing," so he would be their partner. Often he would get a camel's load as profit and sent it home. XIV: Partnership in slaves 2369. It is related from Ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "Whoever sets free his share of a slave must set all of him free if he possesses enough to cover his price estimated with a fair value. He should pay his partners their shares and let the freed slave go." 2370. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Whoever sets free his share of a slave, must set all of him free if he has enough money. Otherwise, he [the slave] must work to earn it without making it too hard for him." XV. CHAPTER: Partnership in sacrificial animals and camels. When a man shares with another man in his sacrifice after the sacrifice has been made 2371. It is related that Ibn 'Abbas said, "The Prophet, may Allah bless him and grant him peace, arrived on the morning of the fourth of Dhu'l-Hijja, taking on ihram for the hajj, not mixed with anything else. When we arrived, he ordered us to make it for 'umra and that we could go to our wives. Word of that spread about the people." 'Ata' reported that Jabir said, "Should one of us go to Mina while his penis is dripping with sperm?" Jabir made a gesture with his hand. That reached the Prophet, may Allah bless him and grant him peace, and he stood up to speak. He said, "It has reached me that some people are saying this and that. By Allah, I have more piety and fear of Allah than them. If I had known before about my business what I know now, I would not have brought sacrificial animals. If I did not have sacrificial animals with me, I would have come out of ihram." Suraqa ibn Malik ibn Ju'shum stood up and said, "Messenger of Allah, is this for us or is it forever?" He replied, "No, it is forever." He said, "'Ali ibn Abi Talib came and one of them said - saying, 'Labbayk for what the Messenger of Allah, may Allah bless him and grant him peace, began.'" Another said that he said, "Labbayk for the hajj of the Messenger of Allah, may Allah bless him and grant him peace,. So the Prophet, may Allah bless him and grant him peace, commanded him to keep his ihram and to share with him in the sacrifice. XVI: The one who thought that ten sheep were equal to one camel in the division
2372. It is related that Rifa' ibn Rafi' ibn Khadij said, "We were with the Prophet, may Allah bless him and grant him peace, at Dhu'l-Hulayfa in Tihama and took some sheep and camels. The people hurried and boiled it in the pots. The Messenger of Allah, may Allah bless him and grant him peace, came and ordered the pots to be overturned. Then he made ten sheep were equal to one camel. One of the camels fled and there were few horses among the people. A man aimed an arrow at it and stopped it with the arrow. Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'Some of these animals are wild like wild animals. If you loose control over them, then do as this man did.'" He said, "My grandfather said, 'We expect - or fear - that we may meet the enemy tomorrow and not have any knives. Can we slaughter with reeds?' He said, "Yes - or he said, 'Indeed.' Whatever makes the blood flow and eat it when the name of Allah has been mentioned over it. Do not [slaughter] with teeth or nails, and I will tell you about that. Teeth are bone and the nail is the knife of the Abyssinians.'"
Chapter 51. Book of Pledges I: On the pledge in settled places The words of Allah Almighty, "If you are on a journey, and cannot find a writer, something can be left as security." (2:283) 2373. It is related that Anas said, "The Prophet, may Allah bless him and grant him peace, pawned his armour for some barley. I took some barley bread and dissolved fat to the Prophet, may Allah bless him and grant him peace, and I heard him say, 'The family of Muhammad, may Allah bless him and grant him peace, has never had more than a sa'in the morning nor the evening,' and they were nine households." II: Pawning armour 2374. It is related that 'A'isha said, "The Prophet, may Allah bless him and grant him peace, bought some food from a Jew on credit and left his armour as security." III: Pawning weapons 2375. It is related that Jabir was heard to say that the Messenger of Allah, may Allah bless him and grant him peace, said, "Who will deal with Ka'b ibn al-Ashraf? He has insulted Allah and His Messenger." Muhammad ibn Maslama said, "I will." So he went to him and said, "We want for you to lend us one or two wasqs [of food]." Ka'b said, "Then leave your women with me as security." They said, "How can we leave our women with you as security when you are the most handsome of the Arabs?" Ka'b said, "Then leave your sons with me as security." They said, "How can we leave our sons with you as security? One of them will be abused and it will said, 'He was pledged for one or twowasqs. This will be a shame for us. Rather we will leave our arms as security with you." Sufyan said it meant weapons. He [Muhammad ibn Maslam] promised to come to him and then they killed him. Then they went to the Prophet, may Allah bless him and grant him peace, and informed him. IV: Leaving a riding animal or a milk animal as security Al-Mughira mentioned from Ibrahim, "One can ride the stray animal according to how one fodders it and milk it according to its fodder. This also applies to animals left as security."
2376. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, used to say, "The pledged animal can be ridden in return for its maintenance and one can drink the milk of a milk animal when it is left as security." 2377. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Riding animals can be ridden for their maintenance when they are left as security. The milk of a milk animal can be drunk for its maintenance when it is left as security. The one who rides and drinks should pay the expenses." V: Leaving a pledge with Jews and others 2378. It is related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, bought some food from a Jew and left his armour as security." VI: When there is a disagreement between the one leaving the pledge and the one with whom the pledge is left, the proof is up to the one who makes the claim and the one against whom the claim is made takes an oath 2379. It is related that Ibn Abi Mulayka said, "I wrote to Ibn 'Abbas and the Prophet, may Allah bless him and grant him peace, and he wrote back to me, 'The Prophet, may Allah bless him and grant him peace, judged that the one against whom the claim was made had to take the oath.'" 2380. It is related that Abu Wa'il said, "'Abdullah said, 'Whoever swears an oath depriving someone of his property and lies in his oath, will meet Allah and find Him angry with him." Allah Almighty revealed to confirm that, "Those who sell Allah's contract and their own oaths for a paltry price ...(to).. a painful punishment."' (3:77) Then al-Ash'ath ibn Qays came out to us and asked, 'What has Abu 'Abdu'r-Rahman [i.e. 'Abdullah] related to you?' We told him. He said, 'He has spoken the truth. By Allah, this was sent down about me. There was a dispute between me and another man about a well. We took the dispute to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Bring your two witnesses or he takes an oath.' I said, 'Then he will take an oath without caring.' Then Allah revealed the confirmation of that. Then he recited this ayat, "Those who sell Allah's contract and their own oaths for a paltry price ...(to).. a painful punishment."' (3:77)
Chapter 52. Book of Setting Free I: What has come about setting free and its excellence The words of Allah Almighty, "Freeing a slave or feeding on a day of hunger an orphaned relative..." (90:13-15) 2381. It is related that Abu Hurayra said that the Prophet, may Allah bless him and grant him peace, said, "If any man sets a Muslim free, Allah will save every part of his body from the Fire for every part of his body." Sa'id ibn Marjana said, "I took this hadith to 'Ali ibn al-Husayn and 'Ali ibn al-Husayn went to a slave of his for whom 'Abdullah ibn Dinar had offered in ten thousand dirhams or one thousand dinars, and set him free." II: Which type of slave is best to free? 2382. It is related that Abu Dharr said, "I said, 'Messenger of Allah, what action is the best?' He replied, 'Belief in Allah and jihad in His way.' I asked, 'What is the best kind of setting free?' He answered, 'That of the person most valued in the eyes of his people and the one with the highest price.' I said, 'What if I cannot do that?' He replied, 'Help an artisan or those who cannot work for themselves.' I asked, 'Messenger of Allah, what about someone who is too weak to do anything?' He said, 'Withhold your evil from other people. That is sadaqa from you to yourself.'" (Muwatta, Book 38, 15) III: What is recommended of freeing slaves during eclipses and other signs 2383. It is related that Asma' bint Abi Bakr said, "The Prophet, may Allah bless him and grant him peace, commanded that slaves be set free during solar eclipses." 'Ali corroborated it from ad-Darawardi from Hisham. 2384. It is related that Asma' bint Abi Bakr said, "We were commanded to set slaves free during eclipses." IV: When someone sets free a slave owned by two people, or a slavegirl owned by partners 2385. It is related from the father of Salim [Ibn 'Umar] that the Prophet, may Allah bless him and grant him peace, said, "If someone sets free a slave who is owned by two people and is wealthy, the slave should have his price evaluated and then he should be freed."
2386. It is related from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone frees his share of a slave and possesses enough money to cover the full price of the slave, the slave is then evaluated with a fair value, and he pays his partners their shares and he (the slave) is emancipated. Otherwise, only that portion of him that he set free is free. (Muwatta, Book 38, 1) 2387. It is related from Ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Someone who frees his portion of a slave must set all of him free if he possesses enough money to cover his price. If he does not have money when the slave is evaluated with a fair value, then that portion of him that he set free is free." Bishr summarised it from 'Ubaydullah. 2388. It is related from Ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "If someone sets free his portion of a slave - or his share of a slave - and has enough money to cover his price with a fair value, then he (the slave) is emancipated." Nafi' said, "Otherwise, that portion of him that he set free is free." Ayyub said, "I do not know whether it is something that Nafi' said or it is something in the hadith." 2389. It is related that Ibn 'Umar used to give a verdict about slave or slavegirl who was owed by partners that if one of them set free his share of him, he would say, "It is obligatory for him to set all of him free if the one who set him free from his own money if he has enough money when a fair price is evaluated. He pays the partners their shares and the one set free goes his way. Ibn 'Umar reported that from the Prophet, may Allah bless him and grant him peace. A summary is related from Ibn 'Umar from the Prophet, may Allah bless him and grant him peace. V: When someone sets free a portion of a slave and does not have the money [for complete setting free], then the slave is allowed to work [to earn enough to completely free himself] without making it hard on him, as in the kitaba 2390. It is related that Abu Hurayra said that the Prophet, may Allah bless him and grant him peace, said, "Someone who sets free a share of a slave..." It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Someone who sets free a share or portion of a slave must redeem him from his wealth if he has wealth. If he does not have wealth, then the slave is evaluated and then the slave is allowed to work to earn it without making it too hard for him."
Hajjaj ibn Hajjaj, Aban and Musa ibn Khalaf corroborated it from Qatada. Shu'ba summarised it. VI: Error and forgetfulness in setting free, divorce and the like. Setting free is only for the sake of Allah. The Prophet, may Allah bless him and grant him peace, said, "Every man has what he intends." The one who forgets or errs has no intention. 2391. It is related that Abu Hurayra said that the Prophet, may Allah bless him and grant him peace, said, "Allah has granted my request that He overlook for my community what is whispered in their breasts as long as it is not acted on or spoken aloud." 2392. It is related that 'Umar ibn al-Khattab was heard to relate that the Prophet, may Allah bless him and grant him peace, said, "Actions are but judged according to intentions. Every man has what he intends. So whoever emigrates to Prophet and His Messenger, his emigration is to Allah and His Messenger. Whoever emigrates to gain something of this world or to marry a woman, his emigration is for that to which he emigrated." VII: When a man says to his slave that he is for Allah and intends to set him free, and witnesses to the setting free 2393. It is related from Qays that when Abu Hurayra set out with his slave intending to become Muslim, they lost one another on the way. The slave came after that while Abu Hurayra was sitting with the Prophet, may Allah bless him and grant him peace. The Prophet, may Allah bless him and grant him peace, said, "O Abu Hurayra, this is your slave who has come." He said, "Indeed, I testify that he is free." He said that this was when he said: "O what a long and tiring night! Although it has saved me from the abode of disbelief." 2394. It is related that Abu Hurayra said, "When I came to the Prophet, may Allah bless him and grant him peace, I said on the way: 'O what a long and tiring night! Although it has saved me from the abode of disbelief.'" He said, "A slave of mine had fled from me on the way. When I came to the Prophet, may Allah bless him and grant him peace, I gave him my allegiance. While I was with him, the slave appeared. The Messenger of Allah, may Allah bless him and grant him peace, said to me, 'O Abu Hurayra, this is your slave.' I said, 'He is free for the sake of Allah,' and I set him free." Abu Kurayb did not say from Abu Usama, "free."
2395. It is related from Qays, "When Abu Hurayra came with his slave seeking Islam, they lost one another. After this, he said, 'Indeed, I testify that he is for Allah.'" VIII: The umm walad Abu Hurayra reported from the Prophet, may Allah bless him and grant him peace, "One of the signs of the Last Hour is that the slave-girl will give birth to her master." 2396. It is related that 'A'isha said, "'Utba ibn Abi Waqqas enjoined his brother, Sa'd ibn Abi Waqqas to take care of the son of the slavegirl of Zam'a. 'Utba said, "He is my son.' When the Messenger of Allah, may Allah bless him and grant him peace, came in the time of the Conquest, Sa'd took the son of the slavegirl of Zam'a and brought him to the Messenger of Allah, may Allah bless him and grant him peace. 'Abd ibn Zam'a came with him. Sa'd said, 'Messenger of Allah, this the son of my brother who told me that he is his son.' 'Abd ibn Zam'a stood up and said, 'Messenger of Allah, this is my brother, the son of my father's slavegirl. He was born on his bed.' The Messenger of Allah, may Allah bless him and grant him peace, looked at the son of the slavegirl of Zam'a, and he had the greatest resemblance to him ('Utba). The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is yours, 'Abd ibn Zam'a,' because he was born on his father's bed. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Veil yourself from him, Sawda bint Zam'a,' because of what he saw in him of his resemblance to 'Utba. Sawda was the wife of the Prophet, may Allah bless him and grant him peace." IX: Selling a mudabbar 2397. It is related that Jabir ibn 'Abdullah was heard to sayy, "A man among us freed a slave of his as a mudabbar [to be freed after the death of the master]. The Prophet, may Allah bless him and grant him peace, called for the slave and sold him." Jabir said, "The slave died the same year." [See 2034] X: Selling and giving away the wala' 2398. It is related that Ibn 'Umar was heard to say, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling or giving away the wala'." (Muwatta, Book 38, 20) 2399. It is related that 'A'isha said, "I purchased Barira and her people made a stipulation that they would keep her wala'. I mentioned that to the Prophet, may Allah bless him and grant him peace, and he said, 'Set her free. The wala' goes to the one who pays the silver.' So I set her free. The Prophet, may Allah bless him and grant him peace, summoned her and gave her a choice about remaining with her husband (or leaving him). She said, 'Even if he were to give me suchand-such, I would not stay with him,' so she chose herself." XI: When a man's brother or uncle is taken captive, can be ransom him if he is an idoater?
Anas said, "Al-'Abbas said to the Prophet, may Allah bless him and grant him peace, 'I ransom myself and I ransom 'Aqil.' 'Ali had a share in that booty which was taken from his brother 'Aqil and uncle 'Abbas." 2400. It is related from Anas that some men of the Ansar asked the Messenger of Allah, may Allah bless him and grant him peace, for his permission, saying, "Allow us to forgo the ransom of our nephew 'Abbas." He said, "Do not forgo even a dirham of it." XII: Setting an idolater free 2401. It is related from Hisham that his father informed him that Hakim ibn Hizam set free a hundred slaves in the time of Jahiliyya and provided a hundred camels*. When he became Muslim, he provided a hundred camels and set free a hundred slaves. He said, "Messenger of Allah, what do you say about the things by which I used to worship in theJahiliyya?' i.e. by which I intended piety.' The Messenger of Allah* said, 'You became Muslim with all the good you did in the past.'" [* Either for the use of people going on hajj or for jihad.] XIII: The one who owned Arab slaves and gave, sold or had intercourse with them or took their ransom and their offspring as captives The words of Allah Almighty, "Allah does make a likeness: an owned slave possessing no power over anything, and someone We have given plentiful provision who gives out from it secretly and openly. Are they the same? Praise be to Allah! They are not! But most of them do not know." (16:75) 2402. It is related from Marwan ibn al-Hakam and al-Miswar ibn Makhrama that when the delegation of Hawazin came to the Prophet, may Allah bless him and grant him peace, he got up. They asked him or return to them their property and captives. He said, 'I have with me those you see. The words I love the best is the most truthful. Choose between one of two: either the property or the captives. I have delayed distributing them.' The Prophet, may Allah bless him and grant him peace, had waited for them for about ten days after he returned from Ta'if. When it was apparent to them that the Prophet, may Allah bless him and grant him peace, would only return one of the two groups to them, they said, 'We will take our captives.' The Prophet, may Allah bless him and grant him peace, got up among the Muslims and praised Allah as He is worthy and then said, 'Following on from that: these brothers of yours have come in repentance and I think that their captives should be returned to them. Whoever of you is happy with that should do it. Whoever of you wants to have his share until we pay him from the first spoils which Allah brings us can do it. The people said, 'We are content with that.' The Prophet , may Allah bless
him and grant him peace, said, 'We do not know who among you has allowed it and who has not. Go back so that your leaders can inform us of your business.' The people went back and their leaders spoke to them and then returned to the Prophet, may Allah bless him and grant him peace, and told him, 'They are happy with that and give their permission.' This is what we heard about the captives of Hawazin." Anas said that 'Abbas said to the Prophet, may Allah bless him and grant him peace, 'I have ransomed myself and I have ransomed 'Aqil.'" [This was after the Battle of Hunayn.] 2403. It is related that Ibn 'Awn said, "I wrote to Nafi' and then he wrote to me that the Prophet, may Allah bless him and grant him peace, had launched a sudden attack on the Banu'l-Mustaliq while they were unwatchful and their herds were being watered at the watering-place. He killed their fighters and took their women and children captive. He got Juwayriyya [in his share] on that day. 'Abdullah ibn 'Umar reported it to me, and he was in that army." 2404. It is related that Ibn Muhayriz said, "I saw Abu Sa'id and I asked him about it [coitus interruptus] and he said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the attack against the Banu'l-Mustaliq. We took from Arab captives and we desired the women as the separation had been hard on us, and we wanted to practise coitus interruptus. We asked the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'There is nothing that says you should not do it. There is no soul which exists until the Day of Rising but that it will be.'" (Muwatta, Book 29, 95) 2405. It is related that Abu Hurayra said, "I still love the Banu Tamim." It is related that Abu Hurayra said, "I have loved the Banu Tamim since I heard the Messenger of Allah, may Allah bless him and grant him peace, say three things about them. I heard him say, 'They will be the strongest community against the Dajjal.' When their sadaqa came, the Messenger of Allah, may Allah bless him and grant him peace, said, 'This is the sadaqa of our people.' 'A'isha had a slavegirl from them and he said, 'Set her free. She is one of the descendants of Isma'il.'" XIV: The excellence of someone who instructs his slavegirl and teaches her manners 2406. It is narrated from Abu Musa that the Messenger of Allah, may Allah bless him and grant him peace, said, "A man who has a slave-girl whom supports well* and treats well and then frees her and marries her has two rewards." [*One text has "teaches'.]
XV: The words of the Prophet, may Allah bless him and grant him peace, "Slaves are your brothers, so feed them from what you yourself eat." The words of Allah Almighty, "Worship Allah and do not attribute partners to Him. Be good to your parents and relatives and to orphans and the very poor, and to neighbours who are related to you and neighbours who are not related to you, and to companions and travellers and your slaves. Allah does not love anyone vain or boastful." (4:36) 2407. It is related that al-Ma'rur ibn Suwayd said, "I saw Abu Dharr al-Ghifari wearing a cloak and his slave had a cloak on too. We asked him about that and he said, 'I exchanged insults with a man and he complained about me to the Prophet, may Allah bless him and grant him peace. The Prophet, may Allah bless him and grant him peace, said to me, "You abused him by insulting his mother!" Then he said, "Your slaves are your brothers whom Allah has placed under your authority. Anyone who has authority over his brother should feed him from what he eats and clothe him from what he wears and you should not oblige them to do what is too much for them. If you ask that of them, then give them a hand."'" XVI: When a slave worships his Lord well and is faithful to his master 2408. It is related from Ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "When a slave is faithful to his master and worships his Lord well, he has his reward twice over." (Muwatta, Book 54, 43) 2409. It is related from Abu Musa al-Ash'ari that the Prophet, may Allah bless him and grant him peace, said, "Any man who has a slave-girl whom he teaches adab (i.e. good manners) so that she has good adab and educates her in the best possible way and then frees her and marries her has two rewards. Any slave who fulfils his duty to both Allah and his master has two rewards." 2410. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'A virtuous owned slave has two rewards.' By the One who has the soul of Abu Hurayra in His hand, were it not for jihad in the way of Allah, the hajj, and devotion to my mother, I would like to die as a slave." 2411. It is related that Abu Hurayra said that the Prophet, may Allah bless him and grant him peace, said, "Excellent is the one who worships his Lord well and is faithful to his master." XVII: The dislike of looking down on a slave and saying, "My slave" or "My slavegirl" Allah Almighty says, "Or the righteous ones among your slaves, male and female,"(24:32) and He says, "a slave under the dominion of another," (16:75), and "They both found her master near the door," (12:25) and He says, "slavegirls who are believers."(4:25) The Prophet, may Allah bless him and grant him peace, said, "Rise for you master." And "Mention me to your lord." (12:42) And the Prophet said, "your master (sayyid)" and "from your master."
2412. It is related from 'Abdullah that the Prophet, may Allah bless him and grant him peace, said, "When the slave is faithful to his master and worships his Lord well, he has his reward twice over." 2413. It is related from Abu Musa that the Prophet, may Allah bless him and grant him peace, said, ""A slave who worships his Lord well and gives his master the right which he owes him, good advice and obedience has two rewards." 2414. It is related that Abu Hurayra was heard to relate that the Prophet, may Allah bless him and grant him peace, said, "One of you should not say, 'Feed your lord (rabb)', 'help your lord (rabb) doing wudu'','Give water to your lord (rabb)'. He should say, 'My master (sayyidi, mawlaya).' One of you should not say, 'My slave ('abdi) and my slavegirl (amati). He should say, 'My slave (fataya, fatani and ghulami).'" 2415. It is related that Ibn 'Umar said that the Prophet, may Allah bless him and grant him peace, said, "Whoever sets free his portion of a slave and possesses enough to cover his price, should have him evaluated with a fair value, and then he (the slave) is is set free from his money. Otherwise, that portion of him that he set free is free." 2416. It is related from 'Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, said, "All of you are shepherds and each of you is responsible for his flock. The amir in charge of the people is a shepherd and he is responsible for them. A man is a shepherd in his family and is responsible for them. The woman is a shepherd in her husband's house and children and is responsible for them. The servant is a shepherd of his master's property and is responsible for it. All of you are shepherds and each of you is responsible for his flock." 2417. It is related that that it was heard from Abu Hurayra and Zayd ibn Khalid that the Prophet, may Allah bless him and grant him peace, said, "When a female slave commits fornication, flog her. Then if she commits fornication again, flog her. Then if she commits fornication, flog her on the third or time - he should sell her, even for a rope made of hair." XVIII: When someone's servant brings him food 2418. It is related from Abu Hurayra from the Prophet, "When a servant of one of you brings him food, if he does not sit with him, he should at least give him a morsel or two - or a bite or two. He is the one who prepared it." XIX: A slave is the shepherd of his master's property 2419. It is related from 'Abdullah ibn 'Umar that he heardd the Messenger of Allah, may Allah bless him and grant him peace, say, "All of you are shepherds and each of you is responsible for his flock. An Imam is a shepherd and he is responsible for those in his care. A man is a shepherd in his family and is responsible for those in his care. The woman is a shepherd in her husband's house and is responsible for those in her care. The servant is a shepherd of his master's property and is responsible for what is in his care." He said, "I heard these words from the Prophet, may
Allah bless him and grant him peace, and I think that the Prophet, may Allah bless him and grant him peace, also said, 'A man is a shepherd of his father's property and is responsible for what is in his care. All of you are shepherds and each of you is responsible for his flock.'" XX: When someone strikes a slave, he should avoid the face 2420. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "When one of you fights, he should avoid the face."
Chapter 53. Chapter on the Mukatab XXI: The wrong action of someone who slanders his slave XXI: The mukatab and his payments in yearly instalments The words of Allah, "If any slaves you own desire to make a contract to free themselves, write it for them if you know of good in them and give them some of the wealth Allah has given you." (24:33) Ibn Jurayj said, "I said to 'Ata', 'Is it mandatory for me to give him a kitaba if I know that he has money?' He said, 'I only think that it is mandatory. 'Amr ibn Dinar said that.' I said to 'Ata', 'Do you relate it from anyone?' He said, 'No.' Then he reported to me that Musa ibn Anas reported to him that Sirin asked Anas for a kitaba. He had a lot of money, but he refused. So he went to 'Umar and 'Umar said, 'Give him a kitaba.' He refused, so 'Umar beat him with a whip and recited, "Write it for them if you know of good in them."' So he gave him the contract." 2421. 'A'isha said that Barira came to her to ask her help in buying her freedom-contract (kitaba) She owed five awqiyas which she was to pay in instalments over five years. Wanting to buy her, 'A'isha said her, "Do you think that if I give it to them all at once, your people will sell you to me, and then I will set you free. but your wala' will be with me?" Barira went to her people and presented that to them. They said, "No, her wala'will remain with us." 'A'isha said, "I went to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned that to him." He said to her, "Buy her and set her free. The wala' is with the one who sets her free." Then the Messenger of Allah, may Allah bless him and grant him peace, stood up and said, "Why is it that some people make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid. The condition of Allah is truer and firmer." XXII: Conditions permitted for the mukatab. The one who made a condition which was not in the Book of Allah. Ibn 'Umar reported from the Prophet, may Allah bless him and grant him peace, in it. 2422. It is related from 'Urwa from 'A'isha that Barira came to her to ask her help in buying her freedom-contract (kitaba). She had not paid any of her kitaba. 'A'isha told her, 'Return to your people. If your people like for me pay off your kitaba for you and I have your wala', I will do it '
Barira mentioned that to her owners and they refused. They said, 'If she wants a reward for you, then let her do it and we will keep your wala'.' 'A'isha mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, said to her, "Buy her and set her free. The wala' is with the one who sets free.'" He said, "Then the Messenger of Allah, may Allah bless him and grant him peace, stood up and said, 'Why is it that some people make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is stipulated a hundred times. The condition of Allah is truer and firmer." 2423. It is related that 'Abdullah ibn 'Umar said, "'A'isha, the Umm al-Mu'minin, wanted to buy a slave-girl in order to set her free. Her people said, 'Provided that we kee[ her wala'.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Do not let that stop you. The wala' is with the one who sets free.'" XXIII: The mukatab asking for help and asking people to help 2424. It is related that 'A'isha said, "Barira came and said, 'I have a freedom-contract with my owners for nine awqiyas, with one awqiya every year. Help me.' 'A'isha said, 'If your people like, I will give it to them all at once and then I will set you free. but yourwala' will be with me ' Barira went to her owners and they refused to let her do that. She said, 'I offered that to them and they refused until they kept the wala'.' The Messenger of Allah, may Allah bless him and grant him peace, heard about that and asked me about it and I told him. He said, "Take her and set her free and give them the condition of thewala'. The wala' is with the one who sets free.'" 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, stood up among the people and praised and glorified Allah. Then he said, 'Following on from that: why is it that some men among you make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is stipulated a hundred times. The decision of Allah is truer and firmer. What is wrong with some men among you who say, 'Set see, so-and-so, and I will have the wala'. The wala' is for the one who sets free.'" XXIV: Selling a mukatab if he agrees 'A'isha said, "He is still a slave as long as he still owes anything." Zayd ibn Thabit said, "As long as he still owes a dirham." Ibn 'Umar said, "He is a slave if he lives, if he dies and if he becomes insane as long as he still owes anything." 2425. It is related from 'Amra bint 'Abdu'r-Rahman that Barira came to ask for the help of 'A'isha, the Umm al-Mu'minin. She said to her, "If your owners like for me to pay them your
price all at once and then set you free, I will do it." Barira mentioned that to her people and they said, "No, unless we have your wala'." Malik said that Yahya said, "'Amra claimed that 'A'isha mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Buy her and set her free. The wala' belongs to the one who sets free.'" (Muwatta, Book 38, 19) XXV: When the mukatab says, "Buy me and set me free," and he is purchased for that purpose 2426. It is related that Ayman said, "I visited 'A'isha and said, 'I was the slave of 'Utba ibn Abi Lahab. He died and his sons inherited me and they sold me to Ibn Abi 'Amr. Ibn Abi 'Amr set me free and the sons of 'Utba had made the wala' a precondition.' She said, 'Barira visited when she was a mukataba and said, "Buy me and set me free." I said, "Yes." She said, "They will not sell me without making my wala' a precondition."' 'A'isha said, 'I have no need of that. The Prophet, may Allah bless him and grant him peace, came to hear of that - or it reached him - and he mentioned that to 'A'isha and 'A'isha mentioned what she had said to her. He said, "Buy her and set her free. Let them make whatever conditions they like.' So 'A'isha bought her and set her free and her people made the wala' a precondition. The Prophet, may Allah bless him and grant him peace, said, 'The wala' belongs to the one who sets free, even if they made a hundred conditions.'"
Chapter 54. The Book of Gifts and their Excellence
I: Their excellence and encouraging that 2427. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "O Muslim women! No one should look down on a gift from her neighbour, even if it is only a sheep's trotter." (Muwatta, Book 49, 25) 2428. It is related that 'A'isha said to 'Urwa, "Nephew, we used to see the crescent moon, and then the crescent moon, three crescent moons in two months without there being a fire lit in the houses of the Messenger of Allah, may Allah bless him and grant him peace. I said, 'O aunt, what did you survive on?' She said, 'The two black ones - dates and water. However, the Messenger of Allah, may Allah bless him and grant him peace, had some neighbours of the Ansar who had sheep which were lent to them for milking and they used to give the Messenger of Allah, may Allah bless him and grant him peace, some of their drink and he would let us drink.'" II: Giving a little as a gift 2429. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "If I were invited to eat no matter whether it is a shoulder or merely a trotter, I would accept and if I were given a gift of a shoulder or merely a trotter, I would accept either." III: The one who asks his companions for some gift Abu Sa'id said that the Prophet, may Allah bless him and grant him peace, said, "Give me a share with you." 2430. It is related from Sahl that the Prophet, may Allah bless him and grant him peace, sent to a woman of the Muhajirun who had a slave who was a carpenter, saying to her, 'Instruct your slave to make us a wooden minbar.' She gave him this instruction and he went and cut some tamarisk and made a minbar for him. When he finished it, she sent word to the Prophet, may Allah bless him and grant him peace, that he had finished it. The Prophet, may Allah bless him and grant him peace, said, 'Send it to me.' They brought it and the Prophet, may Allah bless him and grant him peace, lifted it and put it where you see it.'" 2431. It is related from 'Abdullah ibn Abi Qatada as-Salami that his father said, "One day I was sitting with some men of the Companions of the Prophet, may Allah bless him and grant him
peace, in a stage on the Makka road. The Messenger of Allah, may Allah bless him and grant him peace, had alighted ahead of us. The people were in ihram but I was not. They saw a wild ass while I was busy fixing my sandal throng. They did not inform me about it, but they wanted for me to see it. I turned and saw it and went to my horse and saddled it. Then I mounted, forgetting my whip and spear. I said to them, 'Hand me my whip and spear.' They said, 'No, by Allah, we will not help you in it at all.' I became angry and got off and took them and then I mounted and attacked the ass and stabbed it. Then I brought it when it was dead. They began to eat it and then they were unsure about eating it as they were in ihram. We travelled and I concealed its foreleg with me. We caught up to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about that. He said, 'Do you have any of it with you?' I said, 'Yes.' I gave him the foreleg and he ate it until he had cleaned it while he was in ihram." Another isnad. IV: The one who asks for something to drink Sahl said, "The Prophet, may Allah bless him and grant him peace, said to me, 'Give me water.'" 2432. It is related that Anas was heard to say, "The Messenger of Allah, may Allah bless him and grant him peace, came to us in this house of ours and asked for something to drink. We milked for him a sheep which we had and then mixed it with water from this well of ours. I gave it to him while Abu Bakr was at his left, 'Umar was in front of him and a bedouin was at his right. When he finished, 'Umar said, 'This is Abu Bakr.' He gave the bedouin what was left and then said, 'The right and then the right. Begin with the right.'" Anas said, "It is sunna. It is sunna," three times. V: Accepting a gift of game The Prophet, may Allah bless him and grant him peace, accepted a foreleg of game from Abu Qatada. 2433. It is related that Anas said, "We made a rabbit bolt from its hole at Marr az-Zahran and the people ran after it but got tired. I got to it and took it and brought it to Abu Talha who slaughtered it and sent its haunch or thighs to the Messenger of Allah, may Allah bless him and grant him peace. [He [Shu'ba] said, "There is no doubt that it was its thighs."] He accepted it." [Hisham said,] "I asked, 'Did he eat some of it?' He replied, 'He ate some of it.' Then he said later, 'He accepted it.'" VI: Accepting a gift 2434. It is related that as-Sa'b ibn Jaththama gave the Messenger of Allah, may Allah bless him and grant him peace, a wild ass while he was at al-Abwa' or Waddan, but he returned it to him.
When he saw the reaction to that in his face, the Prophet said, "We only returned it to you because we are in ihram." 2435. It is related from 'A'isha that the people used to aim to send their gifts on 'A'isha's day, seeking by it - or seeking by that - the pleasure of the Messenger of Allah, may Allah bless him and grant him peace. 2436. It is related that Ibn 'Abbas said, "Umm Hufayd, the maternal aunt of Ibn 'Abbas, gave the Prophet, may Allah bless him and grant him peace, some cottage cheese, ghee and some lizards. The Prophet, may Allah bless him and grant him peace, ate some of the cottage cheese and ghee and left the lizard out of dislike." Ibn 'Abbas said, "It was eaten at the table of the Messenger of Allah, may Allah bless him and grant him peace, and if it had been unlawful, it would not have been eaten at the table of the Messenger of Allah, may Allah bless him and grant him peace." 2437. It is related that Abu Hurayra said, "When the Messenger of Allah, may Allah bless him and grant him peace, was brought some food, he would ask about it, 'Is it a gift orsadaqa?' If he was told that it was sadaqa, he would say to his Companions, 'Eat,' but he would not eat. If he was told that it was a gift, he would quickly begin to eat with them." 2438. It is related that Anas ibn Malik said, "The Prophet, may Allah bless him and grant him peace, was brought some meat and was told, 'It is sadaqa for Barira.' He said, 'It issadaqa for her and a gift for us.'" 2439. It is related from 'A'isha that she wanted to buy Barira and her people made a stipulation that they would keep her wala'. It was mentioned to the Prophet, may Allah bless him and grant him peace, and the Prophet, may Allah bless him and grant him peace, said, "Buy her and set her free. The wala' is with the one who sets free." She was given some meat and the Prophet, may Allah bless him and grant him peace, was told, "This is sadaqa for Barira." The Prophet, may Allah bless him and grant him peace, said, "It is sadaqa for her and a gift for us." She was given a choice [of whether to remain married.] 'Abdu'r-Rahman said, "Was her husband a free man or a slave?" Shu'ba said, "I asked 'Abdu'rRahman about her husband and he said, "I do not know whether he was a free man or a slave." 2440. It is related that Umm 'Atiyya said, "The Prophet, may Allah bless him and grant him peace, visited 'A'isha and asked, 'Do you have anything [to eat]?' She replied, 'No, except for some sheep which Umm 'Atiyya sent which had been sent to her as sadaqa.' He said, 'It has reached its place.'" VII: The one who gave a gift to his friend aiming for a time when he was with one of his wives rather than another
2441. It is related that 'A'isha said, "The people used to aim to give gifts on my day." Umm Salama said, "My companions (the wives) gathered together and I mentioned it to the Prophet, but he ignored it." 2442. It is related from 'A'isha that the wives of the Messenger of Allah, may Allah bless him and grant him peace, fell into two parties. One party contained 'A'isha, Hafsa, Safiyya and Sawda, and the other party contained Umm Salama and the rest of the wives of the Messenger of Allah, may Allah bless him and grant him peace. The Muslims knew of the love of the Messenger of Allah, may Allah bless him and grant him peace, for 'A'isha, so when any of them had a gift which he wanted to give to the Messenger of Allah, may Allah bless him and grant him peace, he would delay it until the Messenger of Allah, may Allah bless him and grant him peace, was in 'A'isha's house. Then the person with the gift would send it to the Messenger of Allah, may Allah bless him and grant him peace, while he was in 'A'isha's house. The party of Umm Salama spoke about it and said to her, "Tell the Messenger of Allah, may Allah bless him and grant him peace, to speak to the people and say, 'Whoever wants to give a gift to the Messenger of Allah, may Allah bless him and grant him peace, should give it to him in the house of whichever wife he is.'" Umm Salama spoke to him about what they had said, but he did not say anything. They asked her and she said, "He did not say anything to me." They said to her, "Speak to him." She said, "She spoke to him when he went around to her as well, but he did not say anything to her. They asked her and she said, 'He did not say anything to me.' They said to her, 'Speak to him until he speaks to you.' He went around to her and she spoke to him. He said to her, 'Do not injure me regarding 'A'isha. The revelation does not come to me when I am in the garment of any woman except 'A'isha.'" She said, "She said, 'I repent to Allah from injuring you, Messenger of Allah.' Then they called Fatima, the daughter of the Messenger of Allah, and sent her to the Messenger of Allah, may Allah bless him and grant him peace, to say, 'Your wives ask you by Allah for fairness regarding the daughter of Abu Bakr." She spoke to him and he said, 'O my daughter, do you not love what I love?' She said, 'Yes indeed.' She returned to them and informed them. They said, 'Go back to him,' but she refused to go back. They sent Zaynab bint Jahsh and she went to him and spoke harshly, saying. 'Your wives ask you by Allah for fairness regarding the daughter of Ibn Abi Quhafa.' She raised her voice until she turned to 'A'isha, who was sitting down, and abused her until the Messenger of Allah, may Allah bless him and grant him peace, looked at 'A'isha to see if she would speak. 'A'isha spoke to answer back Zaynab until she had silenced her." She said, "The Prophet, may Allah bless him and grant him peace, looked at 'A'isha and said, 'She is indeed the daughter of Abu Bakr.'" Al-Bukhari said that the last words is the story of Fatima which is mentioned from Hisham ibn 'Urwa from a man from az-Zuhri from Muhammad ibn 'Abdu'r-Rahman.
Abu Marwan said from Hisham from 'Urwa, "The people used to aim to send their gifts on the day of 'A'isha." By another isnad, 'A'isha said, "I was with the Prophet, may Allah bless him and grant him peace, when Fatima asked for permission to enter." VIII: Gifts which should not be rejected 2443. It is related that 'Azra ibn Thabit al-Ansari said, "When I visited Thumama ibn 'Abdullah, he gave me some scent and said, 'Anas will never refuse scent.' He said, 'Anas claimed that the Prophet, may Allah bless him and grant him peace, would not refuse scent." IX. CHAPTER: The one who thought it was permitted to give something which was not present 2444. It is related from al-Miswar ibn Makhrama and Marwan, "When the delegation of Hawazim came to the Prophet, may Allah bless him and grant him peace, he got up among the people and praised Allah as He is worthy and then said, 'As for what follows: your brothers have come in repentance and I think that their captives should be returned to them. Whoever of you is happy with that should do it. Whoever of you wants to have his share until we pay him from the first spoils which Allah brings us can do it.' The people said, 'We are content for your sake.'" X: Reciprocity in gifts 2445. It is related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, would accept gifts and give something in return." Waki' and Muhadir did not mention it from Hisham from his father from 'A'isha. XI: A gift to a son. If someone gives something to one of his sons, it is not permitted unless he treats them equally and gives the others the like of it, but none should testify against him The Prophet, may Allah bless him and grant him peace, said, "Treat your sons equally regarding the gift." Can a father take back his gift? What he can eat his sons's property in a reasonable manner without doing to excess. The Prophet, may Allah bless him and grant him peace, bought a camel from 'Umar and then gave it to Ibn 'Umar and said, "Do what you like with it." 2446. It is related from an-Nu'man ibn Bashir is that his father brought him to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'I gave this son of mine a slave I had.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Did you give every son
of yours the same thing?' He answered, 'No.' The Prophet, may Allah bless him and grant him peace, said, 'Then take him back.'" (Muwatta, Book 36, 39) XII: Witnesses to a gift 2447. It is related that 'Amir said, "I heard an-Nu'man ibn Bashir say while he was on the minbar, 'My father gave me a gift, but 'Amra bint Rawaha said, "I am not content unless you make the Messenger of Allah, may Allah bless him and grant him peace, a witness." So he went to the Messenger of Allah, may Allah bless him and grant him peace, and said, "I have given a gift to my son by 'Amra bint Rawaha and she told me to have you act as a witness, Messenger of Allah." He said, "Did you do this for all of your sons?' He said, "No." He said, "Fear Allah and be just to your children."' He said, 'He returned and took his gift back.'" XIII: A husband giving gifts to his wife and a wife to her husband Ibrahim said, "It is permitted." 'Umar ibn 'Abdu'l-'Aziz said, "They should not take it back." The Prophet, may Allah bless him and grant him peace, asked his wives for permission to be nursed in the house of 'A'isha. The Prophet, may Allah bless him and grant him peace, said, "Someone who takes back a gift is like a dog returning to its own vomit." Az-Zuhri said about the one who says to his wife, "Give me some - or all - of your bride-price,' and then shortly afterwards divorces her, and then she demands it back that he should return it to her if he deceived her. If she gave it to him gladly and there was absolutely no duplicity involved on his part, the gift is allowed. Allah Almighty says, "But if they are happy to give you some of it..." (4:4) 2448. It is related that 'A'isha said, " "When the illness of the Prophet, may Allah bless him and grant him peace, became severe and his pain was intense, he asked his wives for permission to be nursed in my room and they gave him their permission. He came out between two men, his feet dragging on the ground. It was between 'Abbas and another man. 'Ubaydullah said, "I mentioned what 'A'isha had said to Ibn 'Abbas, and he said to me, 'Do you know who the man whom 'A'isha did not name was?' I said, 'No.' He said, 'It was 'Ali ibn Abi Talib.'" 2449. It is related that Ibn 'Abbas said that the Prophet, may Allah bless him and grant him peace, said, "Someone who takes back a gift is like a dog returning to its own vomit." XIV: A woman giving gifts to other than her husband and her setting slaves free while she has a husband is permitted as long as she is not simple-minded. If she is simple-minded, it is not permitted. Allah Almighty says, "Do not hand over to the simple-minded any property of yours."(4:5)
2450. It is related that Asma' said, "I said, 'Messenger of Allah, I do not have any property except what az-Zubayr has given to me. Can I give sadaqa?' He said, 'Givesadaqa and do not withhold or it will be withheld from you.'" 2451. It is related from Asma' that the Messenger of Allah*, may Allah bless him and grant him peace, said, "Spend out. Do not be limited or Allah will be limited with you. Do not withhold or Allah will withhold from you." 2452. It is related from Kurayb, the client of Ibn 'Abbas, that Maymuna bint al-Harith informed him that she had freed a slavegirl without asking permission from the Prophet, may Allah bless him and grant him peace. On her day when he came around to her, she said, "Are you aware, Messenger of Allah, that I have freed my slavegirl?" He asked, "Did you do so?" She replied, "Yes.' He said, "If you had given her to your maternal uncles, you would have had a greater reward." 2453. It is related that 'A'isha said, "When the Messenger of Allah, may Allah bless him and grant him peace, wanted to travel, he would draw lots between his wives, and he would take with him the one who had her lot come out. He used to give each wife her day and night although Sawda bint Zam'a gave her day and night to 'A'isha, the wife of the Prophet, desiring by that to please the Messenger of Allah, may Allah bless him and grant him peace. XV: On the one to whom one first gives a gift 2454. It is related from Kurayb, the client of Ibn 'Abbas that Maymuna, the wife of the Messenger of Allah*. freed a slavegirl of her and he said to her, "If you had given her to one of your maternal uncles, your reward would have been greater." 2455. It is related that 'A'isha said, "I said, 'O Messenger of Allah, I have two neighbours. To which of them should I give?' He said, 'To the one whose door is closer to you.'" XVI: The one who did not accept a gift for a reason 'Umar ibn 'Abdu'l-'Aziz said, "The gift in the time of the Messenger of Allah, may Allah bless him and grant him peace, was a gift. Today it is a bribe." 2456. It is related that 'Abdullah ibn 'Abbas reported that he heard as-Sa'b ibn Jaththama alLaythi, one of the Companions of the Prophet, report that he gave the Messenger of Allah, may Allah bless him and grant him peace, a wild ass while he was at in ihram at al-Abwa' or Waddan, but he returned it. [He said,] "When he recognised in my face the effect of his returning my gift, he said, 'We are not returning it to you, but we are in ihram.'" 2457. It is related that Abu Humayd as-Sa'idi said, ""The Prophet, may Allah bless him and grant him peace, appointed a man from al-Azd, called Ibn Al-Lutiyya, to collect thezakat. When he arrived back, he said, 'This is for you and this was given as a gift to me.' He said, 'Why did he not sit in the house of his father or mother to see whether a gift would come to him or not? By the
One who has my soul in His hand, none of you will take anything without right but that he will carry it on his back on the Day of Rising, be it a camel which is grumbling, or a cow which is mooing, or a sheep which is bleating.' Then he raised his hands until the whites of his armpits could be seen, and said, 'O Allah! Have I conveyed it?' three times." XVII: When someone gives a gift or promises to do so and then dies before the gift has reached the recipient 'Abida said, "If he dies and the gift has been set aside while the one who was given it was alive, then it is for his heirs. If it was not set aside, it is for the heirs of the one who gave it." Al-Hasan said, "No matter which one dies before, it is for the heirs of the one to whom it was given if it has been given to the messenger." 2458. It is related that Jabir ibn 'Abdullah was heard to say, "The Prophet, may Allah bless him and grant him peace, said, 'If the money of Bahrayn comes, I will give you such-and-such.' The money of Bahrayn did not come until the Prophet, may Allah bless him and grant him peace, had died. When the money of Bahrayn came, Abu Bakr commanded that it be announced, 'Whoever has a promise with the Prophet, may Allah bless him and grant him peace, or a debt should come to us.' I came to him and said, 'The Prophet, may Allah bless him and grant him peace, promised me such-and-such.' He gave me a double handful three times." XVIII: How to take a slave and goods Ibn 'Umar said, "I riding a difficult camel which the Prophet, may Allah bless him and grant him peace, bought. Then he said, "It is yours, Abu 'Abdullah." 2459. It is related that al-Miswar ibn Makhrama said, "The Messenger of Allah, may Allah bless him and grant him peace, divided up some cloaks, but did not give any of them to Makhrama. Makhrama said, 'My son, come with me to the Messenger of Allah, may Allah bless him and grant him peace.' I went with him and he said, 'Go in and call him to me.'" He said, 'I called him to him and he came out to him wearing one of the cloaks. He said, 'We kept this for you.'" He said, "He looked at it and the Prophet said, 'Makhrama is pleased.'" XIX: When someone gives a gift and the other person takes it without saying, "I have accepted." 2460. It is related that Abu Hurayra said, "A man came up to the Prophet, may Allah bless him and grant him peace, and said, 'I am destroyed.' He asked, "Why is that?' He said, 'I had sexual intercourse with my wife during Ramadan.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Can you find a slave to set free?' He answered, 'No.' He then asked, 'Are you able to fast for two consecutive months?' He replied, 'No.' He said, 'Are you able to feed sixty poor people?' He answerted, 'No.'" A man of the Ansar brought a basket of dates. ('Araq is the basket.) He said, ''Take this and give it away as sadaqa.' The man said, 'To one poorer than
me, Messenger of Allah? By the One who sent you with the truth, there is no family between the two harras which is poorer than the people of my household.' He said, 'Go and feed it to your family.'" XX: When someone gives a debt he is owed to a man Shu'ba said from al-Hakam that it is permitted. Al-Hasan ibn 'Ali, peace be upon both of them, gave his debt to a man. The Prophet, may Allah bless him and grant him peace, said, "Whoever owes someone a debt, should pay it or ask to have it absolved from him." Jabir said, "My father was killed while owing debts. The Prophet, may Allah bless him and grant him peace, asked his creditors to accept the dates of my garden and absolve my father." 2461. It is related that Jabir ibn 'Abdullah reported that his father was killed as a martyr in the Battle of Uhud while he owed debts. "The creditors were insistent in demanding their rights. I went to the Messenger of Allah, may Allah bless him and grant him peace, and spoke to him. He asked them to accept the fruits of my garden and absolve my father, but they refused, so the Prophet, may Allah bless him and grant him peace, did not give them the fruits of my garden nor cut the fruits for them. He said, 'I will come to you tomorrow.' He came in the morning of the next day and walked around in the palms and prayed for the fruit to have blessing. Then I picked them and paid them their rights and we still had dates left over.' Then I went to the Messenger of Allah, may Allah bless him and grant him peace, who was sitting down and informed him about that. The Messenger of Allah, may Allah bless him and grant him peace, said to 'Umar, who was sitting there, 'Listen, 'Umar!' He said, 'Is it not so? We know that you are the Messenger of Allah. By Allah, you are the Messenger of Allah!'" XXI: The gift of one person to a group Asma' said to al-Qasim ibn Muhammad and Ibn Abi 'Atiq, "I inherited from land at al-Ghaba from my sister 'A'isha and Mu'awiya offered me a hundred thousand for it. It is yours." [Al-Qasim ibn Muhammad is the grandson of Abu Bakr, and Ibn Abi 'Atiq is Abu Bakr 'Abdullah ibn Abi 'Atiq ibn 'Abdu'r-Rahman ibn Abi Bakr. Al-Ghaba is a place close to Madina, above it] 2462. It is related from Sahl ibn Sa'd that the Prophet, may Allah bless him and grant him peace, was brought a drink and drank from it. On his right was a boy while the old men were on his left. He said to the boy, "Will you give me permission to give it to these men?" He answered, "I
would not give preference to my portion from you to anyone, Messenger of Allah," so he put it in his hand. XXII: Gifts which are received and not received, divided and not divided The Prophet, may Allah bless him and grant him peace, and his Companions gave Hawazin the booty which they had taken from them and it was not divided. It is related that Jabir said, "I came to the Prophet, may Allah bless him and grant him peace, in the mosque and he paid me and gave me extra." 2463. It is related that Jabir ibn 'Abdullah was heard to say, "On a journey I sold the Prophet, may Allah bless him and grant him peace, a camel. When we came to Madina, he said, 'Come to the mosque and pray two rak'ats.' Then he weighed it (i.e. the price)." Shu'ba said, "I think it was, 'He weighed it for me and gave more. I still had some of it until the people of Syria took it on the day of the Battle of Harra.'" 2464. It is related from Sahl ibn Sa'd that the Messenger of Allah, may Allah bless him and grant him peace, was brought a drink and on his right was a boy while some old men were on his left. He said to the boy, "Will you give me permission to give it to these men?" He answered, "No, by Allah! I would not prefer anyone else to take my portion from you," so he placed it in his hand. 2465. It is related that Abu Hurayra said, "The Prophet, may Allah bless him and grant him peace, owed a man a debt and his Companions wanted to attack the man. He said, 'Leave him alone. The one with a owed a right can speak.' He said, 'Buy him one (o.e. a camel) of that age and give it to him.' They said, 'We only found one older (and better) than it. He said, 'Buy it and give it to him. The best of you is the best of you in fulfilling rights.'" [See 2182] XXIII: When a group gives to some people 2466. It is related from Marwan ibn al-Hakam and al-Miswar ibn Makhrama that when the delegation of Hawazin came to the Prophet, may Allah bless him and grant him peace, as Muslims, they asked him to return to them their property and captives. He said to them, 'I have what you see. The statement I love the best is the most truthful. Choose between one of two groups - either the captives or the property. I have delayed distributing them.' The Prophet, may Allah bless him and grant him peace, had waited for them for about ten days since he returned from Ta'if. When it was apparent to them that the Messenger of Allah, may Allah bless him and grant him peace, would only return one of the two groups to them, they said, 'We will take our captives.' The Messenger of Allah, may Allah bless him and grant him peace, got up among the Muslims and praised Allah as He is worthy and then said, 'As for what follows: these brothers of
yours have come in repentance and I think that their captives should be returned to them. Whoever of you is happy with that should do it. Whoever of you wants to have his share until we pay him from the first spoils which Allah brings us can do it. The people said, 'We are content with that for them, Messenger of Allah.' He said to them, 'We do not know who among you has allowed it and who has not. Go back so that your leaders can inform us of your business.' The people went back and their leaders spoke to them and then returned to the Messenger of Allah, may Allah bless him and grant him peace, and told him, 'They are happy with that and give their permission.' This is what reached us about the captives of Hawazin." These are the final words of az-Zuhri, i.e. "This is what reached us." XXIV: The one who is given a gift while people are sitting with him is the most entitled to it It is reported from Ibn 'Abbas, "Those sitting with him are partners," but it is not a sound report. 2467. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, had taken [on loan] a camel of a certain age and its owner came to demand it be repaid. The Prophet said, "The owner of the right can speak." Then he repaid him with a camel of a better age and said, "The best of you is the best of you in fulfilling rights." 2468. It is related from Ibn 'Umar that he was with the Prophet, may Allah bless him and grant him peace,on a journey and was riding a difficult camel which belonged to 'Umar. He kept getting ahead of the Prophet, may Allah bless him and grant him peace, and his father said, "'Abdullah, no one should get ahead of the Prophet, may Allah bless him and grant him peace." The Prophet, may Allah bless him and grant him peace, said to him, "Sell it to me." 'Umar said, "It is yours," so he bought it and then said, "It is yours, 'Abdullah, do so what you wish with it." XXV: When someone gives a camel to a man while he is riding it, that is permitted 2469. It is related that Ibn 'Umar said, "We were on a journey with the Prophet, may Allah bless him and grant him peace, and I was on a difficult camel. The Prophet, may Allah bless him and grant him peace, said to 'Umar, 'Sell it to me.' So he bought it and the Prophet, may Allah bless him and grant him peace, said, 'It is yours, 'Abdullah.'" XXVI: A gift which it is disliked to wear 2470. It is related that 'Abdullah ibn 'Umar said, "'Umar ibn al-Khattab saw a silk robe at the door of the mosque and said, 'Messenger of Allah, you could buy it and wear it on the day of Jumu'a and for delegations.' He said, 'It is worn by the one who has no portion in the Next World.' Then silk robes arrived and the Messenger of Allah, may Allah bless him and grant him peace, gave 'Umar one of the robes. He asled, 'Do you give it to me to wear when you said what you said about the robes of 'Atarid?' He said, 'I did not give it to you to wear.' So 'Umar gave it to wear to a brother of his in Makka who was an idolater."
2471. It is related that Ibn 'Umar said, "The Prophet, may Allah bless him and grant him peace, went to the house of Fatima, but did not enter it. 'Ali came and she mentioned that to him and so he mentioned it to the Prophet, may Allah bless him and grant him peace. He said, 'I saw a striped multi-coloured curtain at her door.' He added, 'What do I have to do with this world?' So 'Ali went to her and mentioned that to her and she said, 'Let him command me what he likes about it.' He said, 'Send it to so-and-so, the people of a house who were in need.'" 2472. It is related that 'Ali said, "The Prophet, may Allah bless him and grant him peace, gave me a silk robe and I wore it. I saw anger in his face, so I cut it up and divided it between my women." [The women were: his wife, mother, niece, and the wife of his brother.] XXVII: Accepting a gift from the idolaters Abu Hurayra reported from the Prophet, may Allah bless him and grant him peace, "Ibrahim, peace be upon him, emigrated with Sara and entered a town where there was a king or a tyrant. He said, 'Give her Ajar.'" The Prophet, may Allah bless him and grant him peace, was given a poisoned sheep. Abu Humayd said, "The king of Ayla gave the Prophet, may Allah bless him and grant him peace, a white mule and clothed him with a cloak and wrote to him appointing him over their land." 2473. It is related that Anas said, "The Prophet, may Allah bless him and grant him peace, was given a silk brocade jubbah and he had forbidden silk. The people admired it and he said, 'By the One who has the soul of Muhammad in His hand, the handkerchief of Sa'd ibn Mu'adh in the Garden is better than this!'" Anas said, "Ukaydir of Duma gave a gift to the Prophet*..." [He was their king. It is a town near Tabuk.] 2474. It is related from Anas ibn Malik: "A Jewess brought a poisoned sheep to the Prophet, may Allah bless him and grant him peace, from which he ate. She was brought and it was said, 'Should we not kill her?' He said, 'No.' I continued to see its effects on the uvula of the Messenger of Allah, may Allah bless him and grant him peace." 2475. It is related that 'Abdu'r-Rahman ibn Abi Bakr said, "There were a hundred and thirty of us with the Prophet, may Allah bless him and grant him peace. The Prophet, may Allah bless him
and grant him peace, said, 'Does any of you have any food with him?' One man had about a sa' of food and it was kneaded with water. Then a very tall man who was an idolater came with some sheep he was driving. The Prophet, may Allah bless him and grant him peace, said, 'Are they for sale or a gift?' (or he said 'hiba' instead of ''atiyya') He said, 'For sale.' So he purchased a sheep from him and it was slaughtered. The Prophet, may Allah bless him and grant him peace, commanded that its inner organs [or liver] be roasted. By Allah, there was not one among the one hundred and thirty to whom the Prophet, may Allah bless him and grant him peace, did not give a piece of its liver. If he was present, he gave it to him, and if he was absent, he kept it for him. He put it into two large bowls and everyone ate and we were full and there were two bowls extra which we carried on the camel,' or words to that effect. XXVIII: Gifts to idolaters The words of Allah Almighty, "Allah does not forbid you from being good to those who have not fought you in the deen or driven you from your homes, or from being just towards them." (60:8) 2476. It is related that Ibn 'Umar said, "'Umar saw a silk robe on a man which was being sold and said to the Prophet, may Allah bless him and grant him peace, 'Buy this robe to wear wear on the day of Jumu'a and the delegations come to you.' He said, 'This is worn by the one who has no portion in the Next world.' Then the Messenger of Allah, may Allah bless him and grant him peace, was given some similar robes and he sent one of the robes to 'Umar. 'Umar said, 'Do you give it to me to wear when you said what you said about them?' He answered, 'I did not give it to you to wear. You can sell it or give it to someone to wear.' So 'Umar sent it to a brother of his in Makka before he had become Muslim." 2477. It is related that Asma' bint Abi Bakr said, "My mother came to me during the time of the Messenger of Allah, may Allah bless him and grant him peace, while she was still an idolater and I asked the Messenger of Allah, may Allah bless him and grant him peace, 'My mother has come to me, and she is still averse [to Islam]. Shall I give it to her as kin?' He answered, 'Yes. Give to your mother.'" XXIX: It is not lawful for someone to take back his gift or his sadaqa 2478. It is related that Ibn 'Abbas said that the Prophet, may Allah bless him and grant him peace, said, "Someone who takes back a gift is like a dog returning to its own vomit." 2479. It is related that Ibn 'Abbas said that the Prophet, may Allah bless him and grant him peace, said, "We do not set a bad example. The one who takes back his gift is like a dog returning to its own vomit." 2480. It is related that 'Umar ibn al-Khattab was heard to say, "I gave someone a horse to ride in the way of Allah. The one who had it neglected it and I wanted to buy it from him and I thought that he would sell it cheaply. I asked the Prophet, may Allah bless him and grant him peace,
about that and he said, 'Do not buy it, even if he gives it to you for a single dirham. Someone who takes back his sadaqa is like the dog who returns to its own vomit.'" 2481. It is related from 'Abdullah ibn Abi Mulayka that the two sons of Suhayb, the client of Ibn Jud'an, laid claim to two houses and a room, saying that the Messenger of Allah, may Allah bless him and grant him peace, had given that to Suhayb. Marwan asked, "Who will testify to that on your behalf?" They said, "Ibn 'Umar." He summoned him and he testified that the Messenger of Allah, may Allah bless him and grant him peace, had given Suhayb two houses and a room. Marwan judged in their favour on the basis of his testimony. XXX: What is said about the "'umr" and the "ruqb" "I give him the house as 'umra means "I have made it over to him to live in." "He has settled you in it" (11:61) means "He has made you live in it." 2482. It is related from Jabir that the Prophet, may Allah bless him and grant him peace, gave a judgement that the 'umra was valid and that it belonged to the one to whom it was given. 2483. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "The 'umra is permitted." 'Ata' said, "Jabir related the like of that from the Prophet, may Allah bless him and grant him peace." XXXI: Someone who borrows a horse from people 2484. It is related that Anas was heard to say, "There was an alarm in Madina and the Prophet, may Allah bless him and grant him peace, borrowed a horse belonging to Abu Talha called alMandub and rode it. When he returned, he said, 'We did not see anything, and we found the horse like a sea [i.e. able to cover large distances easily].'" XXXII: Borrowing things for the bride at a wedding 2485. It is related that Ayman said, "I visited 'A'isha and she was wearing a coarse cotton dress worth five dirhams. She said, 'Lift your eyes and look at my slavegirl. She is too proud to wear it in the house, but I had one of coarse cotton in the time of the Messenger of Allah, may Allah bless him and grant him peace, which any woman in Madina who was adorning herself for her wedding would fail to ask to borrow.'" XXXIII: The excellence of the maniha (a she-camel or sheep lent to someone for milking) 2486. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "How excellent is the maniha given as a gift, one which has recently given birth and has abundant milk, and the sheep with abundant milk, giving a bowl in the morning and a bowl in the evening!' 'Abdullah ibn Yusuf and Isma'il related that Malik said, "It is excellent sadaqa!"
2487. It is related that Anas ibn Malik said, "When the Muhajirun came to Madina from Makka, they possessed nothing. The Ansar were people of land and property. The Ansar shared with them on the basis that they would give them the fruits of their property every year and they [the Muhajirun] would spare them from work and agriculture." His mother was the mother of Anas and the mother of Sulaym and also the mother of 'Abdullah ibn Abi Talha. The mother of Anas gave the Messenger of Allah, may Allah bless him and grant him peace, some date-palms which the Prophet, may Allah bless him and grant him peace, later gave to Umm Ayman, his client, the mother of Usama ibn Zayd. Ibn Shihab said that Anas ibn Malik reported to him that when the Prophet, may Allah bless him and grant him peace, finished fighting the people of Khaybar and returned to Madina, the Muhajirun returned to the Ansar their maniha gifts whose fruits they used to enjoy. The Prophet, may Allah bless him and grant him peace, returned her date-palms to his mother and the Messenger of Allah, may Allah bless him and grant him peace, gave Umm Ayman some of the trees of his garden in their place. This is related from Yunus and he said, "In their place from his own property." 2488. It is related that 'Abdullah ibn 'Amr was heard to state that the Messenger of Allah, may Allah bless him and grant him peace, said, "There are forty good qualities, the highest of which is giving away all of an animal's milk. If anyone acts with any one of these qualities hoping for its reward and affirming what is promised by it, on account of it Allah will admit him to the Garden." Hassan said, "We tried to count what was less than the maniha of a goat: returning the greeting, bleezing the sneezer and removing something harmful from the road and the like. We could not even reach fifteen qualities." 2489. It is related that Jabir said, "A man among us might have some excess land. They would say, 'We will hire it out for a third, a fourth and a half. The Prophet, may Allah bless him and grant him peace, said, 'Whoever has land should cultivate it, or give it (for nothing). If he does not do that, he should cling on to his land.'" 2490. It is related that Abu Sa'id al-Khudri said, "A bedouin came to the Prophet, may Allah bless him and grant him peace, and asked him about hijra and he said, 'Woe to you!Hijra is a hard business. Do you have any camels?" He answered, 'Yes.' He asked, 'Do you pay their zakat?' He said, 'Yes.' He asked, 'Do you give any of them as maniha?' He said, 'Yes.' He asked, 'Do you milk them on the day you water them?' He said, 'Yes.' He said, Work beyond the seas*, Allah will not neglect any action you do.'"
[One variant has tujjar (merchants) rather than bihar (seas).] 2491. It is related from Tawus that the one among them with the most knowledge regarding that, i.e. Ibn 'Abbas related to him that the Prophet, may Allah bless him and grant him peace, went out to some land which was rustling with its flourishing cultivation and asked, "To whom does this belong?" They said, "So-and-so has rented it." He said, "It is better for one of you to give it to his brother than to take a stipulated fee for it." XXXIV: If someone says, "I let this slavegirl serve you according to the normal custom of the people," it is permitted. Some people said, "This is a loan. If he says, 'I have clothed you in this garment,' then it is a gift.'" 2492. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Ibrahim emigrated with Sara and they gave her Ajar. She returned and said, 'Do you know that Allah has humiliated the unbeliever and He has given the service of a slavegirl?'" Ibn Sirin reported from Abu Hurayra from the Prophet, may Allah bless him and grant him peace, "He gave her the services of Hajar." XXXV: When a man lets someone ride a horse, it is like the 'umr or sadaqa [See 2482] Some people say that he has the right to reclaim it. 2493. It is related that 'Umar said, "I gave someone a horse to ride in the way of Allah. Then I saw him selling it and I asked the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Do not buy it. Do not take back your sadaqa.'"
Chapter 55. Book of Testimony
I: What has come about the claimant producing clear proof The words of Allah Almighty, "O you who believe! When you take on a debt for a specified period, write it down. A writer should write it down between you justly. No writer should refuse to write; as Allah has taught him, so he should write. The one incurring the debt should dictate and should fear Allah his Lord and not reduce it in any way. If the person incurring the debt is incompetent or weak or unable to dictate, then his guardian should dictate for him justly. Two men among you should act as witnesses. But if there are not two men, then a man and two women with whom you are satisfied as witnesses; then if one of them forgets, the other can remind her. Witnesses should not refuse when they are called upon. Do not think it too trivial to write down, whether small or large, with the date that it falls due. Doing that is juster in Allah's sight and more helpful when bearing witness and more likely to eliminate any doubt unless it is an immediate transaction hand to hand, taken and given without delay. There is nothing wrong in your not writing that down. Call witnesses when you trade. Neither writer nor witness should be put under pressure. If you do that, it is degeneracy on your part. Show fear of Allah and Allah will give you knowledge. Allah has knowledge of all things." (2:282) And the words of Allah Almighty, "O you who believe! Be upholders of justice, bearing witness for Allah alone, even against yourselves or your parents and relatives. Whether they are rich or poor, Allah is well able to look after them. Do not follow your own desires and deviate from the truth. If you twist or turn away, Allah is aware of everything you do." (4:135) II: When a man claims that another is just and says, "We only know good of him," or says "I only know good of him." 2492. It is related from 'Urwa, Ibn al-Musayyab, 'Alqama ibn Waqqas and 'Ubaydullah about the story of 'A'isha - and some of their report confirms other parts - when the people of the lie spoke against her, and, when the revelation was delayed, the Messenger of Allah, may Allah bless him and grant him peace, summoned 'Ali and Usama to consult them about divorcing his wife. Usama said, "Keep your wife. We know only good about her." Barira said, "I have not seen her do anything for which I could criticise her beyond the fact that she is a young girl who sleeps,
neglecting her family's leaven so that the sheep comes and eats it." The Messenger of Allah, may Allah bless him and grant him peace, said, "Who will help us against a man whose injury in the people of my house has reached me? By Allah, I only know good of my wife. They mentioned a man about whom I only know good." III: The testimony of the eavesdropper 'Amr ibn Hurayth allowed it and said, "That is how one behaves with a iniquitous liar." Ash-Sha'bi, Ibn Sirin, 'Ata' and Qatada said, "Hearing is testimony." Al-Hasan would say, "They did not make me a witness to anything, but I heard such-and-such." 2493. It is related that Ibn 'Umar said, "The Messenger of Allah, may Allah bless him and grant him peace, and Ubayy ibn Abi Ka'b al-Ansari went out, making for the palm grove where Ibn Sayyad was located. When the Messenger of Allah, may Allah bless him and grant him peace, went in, the Messenger of Allah, may Allah bless him and grant him peace, began to conceal himself behind some palm trunks, trying to hear something from Ibn Sayyad before he saw him. He was lying down on his bed in a sheet of his murmuring. Ibn Sayyad's mother saw the Messenger of Allah, may Allah bless him and grant him peace, concealing himself among the palm trunks and she said to Ibn Sayyad, 'Saf! This is Muhammad.' So Ibn Sayyad stopped. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If she had left him, it would have become clear.'" 2494. It is related from 'A'isha that the wife of Rifa'a al-Qurazi came to the Prophet, may Allah bless him and grant him peace, and said, "I was the wife of Rifa'a and he divorced me and it was a final divorce. I married 'Abdu'r-Rahman ibn az-Zubayr, but he is like the frayed end of cloth [i.e. impotent]. He said, "Do you want to return to Rifa'a? No, not until you have enjoyed his sweetness and he has enjoyed your sweetness." Abu Bakr was sitting with him while Khalid ibn Sa'd ibn al-'As was waiting at the door to be given permission to enter. He said, "Abu Bakr! Do you hear what this woman says openly in the presence of the Prophet?" IV: When a witness or witnesses testify to something and other people say, "We do not know that," judgement is given according to what was said by the one who testified. Al-Humaydi said, "This is as Bilal reported that the Prophet, may Allah bless him and grant him peace, prayed in the Ka'ba when al-Fadl said, "'He did not pray.' People accepted Bilal's testimony." Similarly if two witnesses testify that so-and-so owes so-and-so a thousand dirhams, and two others testify that it is one thousand five hundred, the higher amount is adjudged to be correct.
2497. 'Abdullah ibn Abi Mulayka narrated that 'Uqba ibn al-Harith married a daughter of Abu Ihab ibn 'Aziz. Later a woman came to him and stated, "I nursed both 'Uqba and the woman he married." 'Uqba said to her, "I did not know that you nursed me and you did not tell me." So he sent to the family of Abu Ihab to ask them and they said, "We do not know that she suckled our girl." He travelled to the Messenger of Allah, may Allah bless him and grant him peace, in Madina and asked him and the Messenger of Allah, may Allah bless him and grant him peace, said, "How can you keep her when that has been said?" So 'Uqba separated from her and she married another man. V: Upright witnesses The words of Allah Almighty, "Call two upright men from among yourselves as witnesses," (65:2), and "with whom you are satisfied as witnesses." (2:282) 2498. It is related that 'Umar ibn al-Khattab was heard to say, "Some people were dealt with by the revelation in the time of the Messenger of Allah, may Allah bless him and grant him peace. The revelation has ceased. Now we deal with you according to what is clear to us from your actions. If anyone shows us good, we trust him and honour him. We know nothing of his inward. Allah will call him to reckoning in respect of his inward. If anyone shows us evil, we do not trust him and do not believe him, even if he says that his inward is good." VI: How many witnesses enable someone to be considered upright? 2499. It is related that Anas said, "A funeral procession passed by and they were praising the dead man. The Prophet, may Allah bless him and grant him peace, said, 'It is mandatory.' Then another passed and they were speaking ill of the dead man - or he said, something else. He said, 'It is mandatory.' It was asked, 'Messenger of Allah, why did you say it is mandatory for this one and mandatory for that one?' He said, 'The testimony of the people [is accepted]. The believers are the witnesses of Allah on the earth.'" 2500. It is related that Abu'l-Aswad said, "I came to Madina during an epidemic and people were dying quickly. I was sitting with 'Umar ibn al-Khattab when a funeral passed by and the dead man was praised. 'Umar said, 'It is mandatory.' Then another passed by and they praised the dead. 'Umar said, 'It is mandatory.' Then a third passed by and they spoke ill of the dead. 'Umar said, 'It is mandatory.' I said, 'What is mandatory, Amir al-Mu'minin?' He said, 'I say what the Prophet, may Allah bless him and grant him peace, said, "Any Muslim to whose goodness four people testify will be admitted by Allah to the Garden." We asked, "And if three do?" He said, "Three as well." We asked, "And two?" He said, "Two also." Then we did not ask him about one.'" VII: Testimony about lineage and known suckling when death happened in the past
The Prophet, may Allah bless him and grant him peace, said, "Thuwayba suckled me and Abu Salama." Establishing the truth of that 2501. It is related that 'A'isha said, "Aflah asked for permission to visit me and I did not give him permission. He said, 'Do you veil yourself from me when I am your uncle?' I asked, 'How is that?' He said, 'My brother's wife suckled you with the milk of my brother.'" She said, "I asked the Messenger of Allah, may Allah bless him and grant him peace, about that and he said, 'Aflah spoke the truth. So give him permission.'" 2502. It is related that Ibn 'Abbas said that the Prophet, may Allah bless him and grant him peace, said about Hamza's daughter, "She is not lawful for me. What is unlawful by suckling is unlawful by lineage. She is my brother's daughter by suckling." 2503. It is related from 'Amra bint 'Abdu'r-Rahman that 'A'isha, the wife of the Prophet, informed her that while the Messenger of Allah, may Allah bless him and grant him peace, was with her she heard the sound of a man asking permission to enter the house of Hafsa. 'A'isha said, "I said, 'Messenger of Allah, I think it is so-and-so.' Hafsa's uncle by suckling." 'A'isha said, "Messenger of Allah, this man is asking permission to enter your house." She said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'I think it is so-and-so,' the uncle of Hafsa by suckling." 'A'isha asked, "If so-and-and (her uncle by suckling) has been alive, could he have visited me?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes, suckling make unlawful what birth makes unlawful." 2504. It is related that 'A'isha said, "The Prophet, may Allah bless him and grant him peace, came to me while a man was with me. He asked ''A'isha, who is this?' I said, 'My brother by suckling.' He said, ''A'isha, look into your brothers. Suckling is from hunger [i.e. for infants]." Ibn Mahdi corroborated it from Sufyan. VIII: The testimony of a slanderer, a thief and a fornicator The words of Allah Almighty, "Never again accept them as witnesses. Such people are the degenerate except for those who after that repent." (24:4-5) 'Umar flogged Abu Bakra, Shibl ibn Ma'bad and Nafi' for slandering al-Mughira and then he told them to repent, saying, "Whoever repents, I will accept his testimony." 'Abdullah ibn 'Uqba, 'Umar ibn 'Abdu'l-'Aziz, Sa'id ibn Jubayr, Tawus, Mujahid, ash-Sha'bi, 'Ikrima, az-Zuhri, Muharib ibn Dithar and Mu'awiya ibn Qurra allowed it [i.e. accepting the testimony of someone who has received a hadd punishment after he has repented.]
Abu'z-Zinad said, "The business with us in Madina is that if a slanderer retracts what he said and asks forgiveness of his Lord, then his testimony is accepted." Ash-Sha'bi and Qatada said, "If he says that he lied, he is flogged and his testimony accepted." Ath-Thawri said, "If the slave is flogged and then set free, his testimony is permitted. If someone who had a hadd judgement against them is made a qadi, his judgements are permitted." Someone [i.e. Abu Hanifa] said, "The testimony of a slanderer is not permitted, even if he repents. Then he said, "A marriage is not permitted without two witnesses. A marriage witnessed by two people who have had hadd judgements against them is permitted. If someone is married by the testimony of two slaves, it is not permitted. " He allows the testimony of the one who has had a hadd judgement against him, the slave, and the slavegirl about the sighting of the new moon of Ramadan. How one's repentance is recognised. The Prophet, may Allah bless him and grant him peace, exiled the fornicator for a year. The Prophet, may Allah bless him and grant him peace, forbade speaking to Ka'b ibn Malik and his two companions until fifty nights had passed. 2505. 'Urwa ibn az-Zubayr narrated that a woman stole during the expedition of the Conquest of Makka and she was brought to the Messenger of Allah, may Allah bless him and grant him peace, who commanded that her hand be cut off. 'A'isha said, "She repented truly and then married. She used to come after that and I would present her needs to the Messenger of Allah, may Allah bless him and grant him peace." [The woman was Fatima bint al-Aswad.] 2506. It is related from Zayd ibn Khalid that the Messenger of Allah, may Allah bless him and grant him peace, e commanded that the one who committed fornication and had not been married should receive a hundred lashes and be exiled for a year. IX: One should not bear witness to an injustice if called upon to do so 2507. It is related that an-Nu'man ibn Bashir said, "My mother ashed my father to give me a gift from his property and then. after hesitating. he gave it to me. She said, 'I will not be content until you have the Prophet, may Allah bless him and grant him peace, as a witness. So he took my hand while I was boy, and brought me to the Prophet, may Allah bless him and grant him peace. He said, 'His mother is the daughter of Rawaha and she asked me to give this boy a gift.' He
asked, 'Do you have other sons?' He said, 'Yes.' I think that he said, 'Do not call on me to witness an injustice.'" Abu Hariz reported from ash-Sha'bi, "I will not be a witness to an injustice." 2508. It is related that 'Imran ibn al-Husayn was heard to say that the Prophet, may Allah bless him and grant him peace, said, "The best of you are my generation and then those who follow them and then those who follow them." 'Imran said, "I do not know whether the Prophet, may Allah bless him and grant him peace, said it twice or three times." "Then after them will come a people who betray and are not trustworthy, who testify when they are not asked to testify, and who make a vow and do not fulfill it. Fleshiness will appear among them." 2509. It is related from 'Abdullah that the Prophet, may Allah bless him and grant him peace, said, "The best of people are my generation and then those who follow them and then those who follow them. Then there will come people whose testimony will precede their oaths and whose oaths will precede their testimony." Ibrahim said, "They used to beat us for rushing to swear and take oaths." [This was in order that it did not become a habit for them.] X: What is said about false testimony The words of Allah, the Mighty and Exalted, "Those who do not bear false witness."(25:72) Regarding Concealing testimony "Do not conceal testimony. If someone does conceal it, his heart commits a crime. Allah knows everything you do." (2:282) "If you twist" (4:135) your tongues with testimony. 2510. It is related that Anas said, "The Messenger of Allah, may Allah bless him and grant him peace, was asked about the greatest of wrong actions,' and he said, 'Associating with Allah, disobedience to parents, murder and false witness." 2511. It is related from the father of Abu Bakra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Shall I inform you of the greatest of wrong actions?" They replied, "Please do, Messenger of Allah!' He said, "Associating with Allah, disobedience to parents." He had been reclining and now sat up and said, 'And false witness.' He continued to repeat it until we said, 'I wish he would be quiet.'" Another isnad.
XI: The testimony of a blind person, his business, his marriage and giving in marriage, his buying and selling, his accepting him for calling the adhan and other things, and what is recognised by means of voices Qasim, al-Hasan, Ibn Sirin, az-Zuhri and 'Ata' allowed his testimony. Ash-Sha'bi said, "His testimony is allowed if he is intelligent." Al-Hakam said, "It is permitted in many things." Az-Zuhri said, "If Ibn 'Abbas were to give testimony, do you think that you would reject it?" [Ibn 'Abbas went blind whenhe was old.] Ibn 'Abbas would sent a man to see when the sun set in order to break his fast. He would ask about dawn and if he was told that dawn had risen, he would pray two rak'ats. Sulayman ibn Yasar said, "I asked permission to visit 'A'isha and she recognised my voice and said, 'Sulayman, enter. You are still a slave while you still owe something [of your price.]" Samura ibn Jundub allowed the testimony of a veiled woman. 2512. It is related that 'A'isha said, "The Prophet, may Allah bless him and grant him peace, heard a man reciting in the mosque and said, 'May Allah have mercy on him! He has reminded me of such-and-such a verse which we forgot in such-and-such a sura.'" 'Abbad ibn 'Abdullah reported from 'A'isha, "The Prophet, may Allah bless him and grant him peace, did tajahhud prayers in my house and he heard the voice of 'Abbad praying in the mosque. He asked, ''A'isha, is this the voice of 'Abbad?' 'Yes,' I replied. He said, 'O Allah, have mercy on 'Abbad!'" 2513. It is related that 'Abdullah ibn 'Umar reported that the Prophet, may Allah bless him and grant him peace, said, "Bilal calls the adhan during the night, so eat and drink until the adhan is called - or he said "until you hear the adhan of Ibn Umm Maktum." Ibn Umm Maktum was a blind man who did not call the adhan until people tol dhim, 'The morning has come.'" 2514. It is related that al-Miswar ibn Makhrama said, "Some cloaks came to the Prophet, may Allah bless him and grant him peace, and my father Makhrama said to me, 'Let us go to him. Perhaps he will give us one of them.' My father stood at the door and spoke. The Prophet, may
Allah bless him and grant him peace, recognised his voice and the Prophet, may Allah bless him and grant him peace, came out with a cloak whose beauties he was displaying. He said, 'I kept this for you. I kept this for you.'" XII: Women's testimony The words of Allah Almighty, "And if there are not two men, then a man and two men."(2:282) 2515. It is related from Abu Sa'id al-Khudri that the Prophet, may Allah bless him and grant him peace, said, "Is not the testimony of the woman half of the testimony of the man?" The women replied, "Yes." He said, "That is due to the deficiency of her intellect." XIII: The testimony of slavegirls and slaves Anas said, "The testimony of the slave is permitted if he is just." Shurayh and Zurara ibn Awfa allowed it. Ibn Sirin said, "His testimony is permitted, except in the case of a slave testifying on behalf of his master." Al-Hasan and Ibrahim allowed it in something insignificant. Shurayh said, "All of you are sons of slaves and slavewomen." 2516. Ibn Abi Mulayka was heard to relate, "'Uqba ibn al-Harith related to me - or I heard from him - that he married Umm Yahya bint Abi Ihab. He said, "A black slavewoman came and said, 'I nursed both of you." I mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and he turned away from me.' He said, 'I went to the side and mentioned that to him. He asked, "How can you keep her when she states that she nursed both of you?"' So he forbade him to remain with her." XIV: The testimony of wet-nurses 2517. It is related that 'Uqba ibn al-Harith said, "I married a woman and then a woman came and said, 'I nursed both of you.' I went to the Prophet, may Allah bless him and grant him peace, and he asked, 'How can you keep her with what has been said? Leave her,' or words to that effect." XV: Women attesting to the good character of other women 2518. It is related from 'A'isha, the wife of the Prophet, about when the people of the Lie said what they said about her and she was exonerated of it. (Az-Zuhri said that all of a group related some of her hadith and some remembered more than others and confirmed its exact transmission. I memorised from each of them the hadith which was related to me from 'A'isha and part of the hadith verifies other parts. They claim that 'A'isha said,) "When the Messenger of Allah, may Allah bless him and grant him peace, wanted to go on a journey, he drew lots between his wives and he took with him whoever had her lot drawn. Lots were drawn between us for an expedition which he went on and my lot came out, so I went out with him. It was after the veil has been revealed. I was carried in a howdah and was brought down in it. We travelled until the Messenger of Allah, may Allah bless him and grant him peace, finished that expedition and
returned and we drew near to Madina. The announcement was made at night to travel. I got up when they announced travel and walked until I had gone past the army. When I finished my need, I went to the camp to leave and then I touched my chest and my necklace made of onyx had broken. I went back to look for my necklace and looked for it delayed me. Those who were carrying me came and picked my howdah and put it on my camel which I was riding. They thought that I was in it. At that time women were light and not heavy and did not have a lot of flesh on them. They used to eat only a little.So the people did not notice the difference in the weight of the howdah when they lifted it up as I was a young girl. They made the camel move and set off. "I found my necklace after the army had left. I came to their site and there was no one there. I went to the place where I had been, thinking that they would miss me and return for me. While I was sitting there, drowziness overcame me and I fell asleep. Safwan ibn a-Mu'attal as-Sulami, then adh-Dhakwani, was behind the army and he reached my spot in the morning. He saw the dark form of someone asleep, so he came to me. He had seen me before the veil. I woke up when he said, 'We belong to Allah and to Him we return!' Then he made his camel kneel and he put its leg down and I mounted it. He went leading the camel until we reached the army after they had alighted to camp at the height of midday. Then whoever was destroyed was destroyed. The one who led the lie was 'Abdullah ibn Ubayy ibn Salul. "We reached Madina and I was ill there for a month while they were spreading the talk of the people of the lie. I imagined in my illness that I did not see from the Prophet, may Allah bless him and grant him peace, the kindness which I used to see him show when I was ill. He would enter and give the greeting and then ask, 'How is the girl?' "I was not aware of any of that until I recovered and I went out with Umm Mistah to al-Manasi'. We used to go the lavatory there and we only went out to it from night to night. That was before we put up lavatories near our houses. We followed the custom of the Arabs at first in the desert, or in open land. So Umm Mistah bint Abi Ruhm and I went out walking. She tripped on her dress and said, 'May Mistah stumble!' I said to her, 'What you have said is bad. Would you curse a man who was present at Badr?' She said, 'O you there! Have you not heard what they have said?' And she told be about what the people of the Lie said. Then I became even more ill. "When I returned to my house, the Messenger of Allah, may Allah bless him and grant him peace, came and visited me and said, 'How is that one?' I said, 'Give me permission to go to my parents.'" She said, "At that time I wanted to make sure of the report from them. The Messenger of Allah, may Allah bless him and grant him peace, gave me permission and I went to my
parents. I asked my mother, 'What are the people saying?' She said, 'O my daughter! Do not make too much of the business. By Allah, seldom has there been a woman of beauty with a husband who loves her with co-wives but that they talk against her.' I said, 'Glory be to Allah! The people have been saying this?' I spent the entire night until morning unable to stop weeping and could not sleep at all. "Then in the morning the Messenger of Allah, may Allah bless him and grant him peace, summoned 'Ali ibn Abi Talib and Usama ibn Zayd when the revelation had been delayed to consult them about divorcing his wife. Usama pointed out what he himself knew of their love and trust. Usama said, '"Keep your wife. We know only good.' 'Ali ibn Abi Talib said, 'Messenger of Allah, Allah has not constricted you and there are many women besides her. Ask the slavegirl to tell you the truth.' The Messenger of Allah, may Allah bless him and grant him peace, summoned Barira and said, 'Barira, have you seen anything in her which would make you doubt her?' Barira said, 'I have not seen her do anything for which I could criticise her beyond the fact that she is a young girl who sleeps, neglecting her family's leaven so that the sheep comes and eats it.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Who will help us against a man whose injury in the people my of house has reached me? By Allah, I only know good of my wife. They mentioned a man about whom I only know good who has not entered where my family is except with me!' "Sa'd ibn Mu'adh got up and said, 'Messenger of Allah, by Allah, we will help you against him. If he is from Aws, we will chop his head off, and if he is from our brothers of Khazraj, command us and we will carry out what you command about him.' Sa'd ibn 'Ubada, the leader of Khazraj, got up, - before then he had been a virtuous man, but tribal zeal had carried him away, and said, 'You lied, by the life of Allah! You will not kill him and you are not able to do that!' Usayd ibn al-Hudayr got up and said, 'You have lied, by the life of Allah! By Allah, we will kill him! You are a hypocrite arguing on behalf of hypocrites!' The two sides of Aws and Khazraj were stirred up against one another until they were ready for war while the Messenger of Allah, may Allah bless him and grant him peace, was on the minbar. He came down and calmed them until they were silent and he was silent. That day I could not stop weeping and I could not sleep. "In the morning my parents were with me and I had wept for two nights and a day until I thought that weeping would split my liver. While they were sitting with me while I was weeping, a woman of the Ansar asked for permission to enter and I gave her permission. She sat down weeping with me. While we were like that, the Messenger of Allah, may Allah bless him and grant him peace, came in and sat down. He had not sat with me since before the day when what
was said about me was said. A month had passed without any revelation coming to him regarding my business." She said, "He said the tashahhud and then said, ''A'isha, such-and-such about you has reached me. If you are innocent, then Allah will show you innocent. If you have done anything, then ask forgiveness of Allah and turn to Him in repentance. If the slave of Allah admits his sin and then repents, Allah turns to him.' When the Messenger of Allah, may Allah bless him and grant him peace, finished what he was saying, my tears stopped so that I was not aware of a single tear. I said to my father, 'Answer the Messenger of Allah, may Allah bless him and grant him peace, for me.' He said, 'By Allah, I do not know what to say to the Messenger of Allah, may Allah bless him and grant him peace.' I said to my mother, 'Answer the Messenger of Allah, may Allah bless him and grant him peace, for me regarding what he said.' She said, 'By Allah, I do not know what to say to the Messenger of Allah, may Allah bless him and grant him peace.'" She said, "I was a young girl and did not recite much of the Qur'an, so I said, 'By Allah, I know that you have heard what people are saying and it has become fixed in yourself and you have believed it. If I were to say to you that I am innocent - and Allah knows that I am innocent - you would not believe me when I said that. If I were to confess to something to you - and Allah knows that I am innocent - you would believe me. By Allah, I can find no example for you and me except for that of the father of Yusuf when he said,"Steadfast patience is beautiful. It is Allah alone who is my Help in face of the event that you describe." Then I turned over on my bed, hoping that Allah would proclaim me innocent. However, by Allah, I did not think that any revelation would be sent down regarding me. I thought too little of myself that something would be said in the Qur'an regarding me, however I hoped that the Messenger of Allah, may Allah bless him and grant him peace, would have a dream in which Allah would exonerate me. "By Allah, he did not get up from where he was sitting nor did any of the people of the House leave before the revelation descended on him and he and seized by the intense sweating which usually seized him and the sweat was pouring from him like pearls of sweat although it was a wintry day. Then it left the Messenger of Allah, may Allah bless him and grant him peace, and he was smiling. The first word that he spoke was that he said to me, ''A'isha, praise Allah. Allah has exonerated you.' My mother said to me, 'Go the Messenger of Allah, may Allah bless him and grant him peace.' I said, 'No, by Allah! I will not go to him and I will only praise Allah.' Then Allah Almighty revealed the verses,'Those who propagated the lie are a band of you. . .' (24:11)
"When Allah sent down this to exonerate me, Abu Bakr as-Siddiq, who used to provide maintenance for Mistah ibn Uthatha because he was related to him, said, 'By Allah, I will never provide anything for Mistah ever again after what he said about 'A'isha!' Then Allah Almighty sent down, 'Those of you possessing affluence and ample wealth should not make oaths that they will not give to their relatives and the very poor and those who have emigrated in the way of Allah. They should rather pardon and overlook. Would you not love Allah to forgive you? Allah is Ever-Forgiving, Most Merciful.'(24:22) Abu Bakr said, 'Yes, by Allah, I want Allah to forgive me.' So he returned to his past custom with Mistah." "The Messenger of Allah, may Allah bless him and grant him peace, also asked Zaynab bint Jahsh about my business. He said, 'Zaynab, what do you know? What have you seen?' She said, 'Messenger of Allah, I protect my hearing and sight. By Allah, I only know good of her.'" 'A'isha said, "She was my rival but Allah protected her by scrupulousness." The like of it is related from Al-Qasim ibn Muhammad ibn Abi Bakr. XVI: When one man attests to the good character of a man, that is enough Abu Jamila said, "I found a foundling. When 'Umar saw me, he said, 'Perhaps the little cave may be filled with calamities,' as if he suspected me. My chief said, 'He is a virtuous man.' He said, 'That is the case. Go and we will provide [for the child].'" 2519. It is related that Abu Bakr said, "A man was mentioned in the presence of the Prophet, may Allah bless him and grant him peace, and he said, 'Bother you! You have severed you companion's neck. You have severed your companion's neck,' repeating that several times. Then he said, 'If one of you must praise someone, he should say, "I think such and such, and Allah is enough for him. I do not commend and praise anyone in front of Allah. but I think him to be such-and-such," if he knows that of him.'" XVII: What is disliked of excessive praise, and one should say what he knows 2520. It is related that Abu Musa said, "The Prophet, may Allah bless him and grant him peace, heard a man praising another man, and he went to excess in praising him. He said, 'You have destroyed - or you have broken - the man's back.'" XVIII: Children coming of age and their testimony The words of Allah Almighty, "Once your children have reached puberty, they should ask your permission to enter." (24:59) Al-Mughira said, "I reached puberty when I was twelve."
Women reach puberty by menstruation by the words of Allah, the Mighty and Majestic,"In the case of those of your wives who are past the age of menstruation ... The time for women who are pregnant is when they give birth." (65:4) Al-Hasan ibn Salih said, "I met a woman neighbour of ours who was a grandmother when she was twenty-one." 2521. It is related from Ibn 'Umar that the Prophet, may Allah bless him and grant him peace, turned him away on the day of Uhud when he was fourteen and did not allow him (to participate). [He said,] "Then he summoned me on the Day of the Ditch when I was fifteen and allowed me [to participate]." Nafi' said, "I went before 'Umar ibn 'Abdu'l-'Aziz when he was Khalif and related this hadith to him. He said, 'This is the border between the child and the adult.' He wrote to his governors to allocate a portion for those who had reached fifteen.'" 2522. It is related from Abu Sa'id al-Khudri that the Prophet, may Allah bless him and grant him peace, said, "Taking a ghusl on Friday is obligatory for everyone who has reached puberty." XIX: The judge asking the claimant, "Do you have a clear proof?" before the oath 2523. It is related from 'Abdullah said that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever swears an oath in which he lies in order to take the property of a Muslim by it, will meet Allah with anger covering him." He said that al-Ash'ath ibn Qays said, "By Allah, that was about me. There was some land that was between me and a Jewish man, and he disavowed me, so I took him to the Prophet, may Allah bless him and grant him peace. The Prophet, may Allah bless him and grant him peace, asked me, 'Do you have a clear proof?' I said, 'No.' He said to the Jew, 'Swear.' I said, 'Messenger of Allah, then he will swear and take away my property.' Then Allah Almighty revealed, 'Those who sell Allah's contract and their own oaths for a paltry price, such people will have no portion in the Next World ....' (3:77)" XX: The oath should be taken by the one against whom the claim is made regarding property and hadd punishments The Prophet, may Allah bless him and grant him peace, said, "Either produce your two witnesses or he takes an oath." It is related from Ibn Shubrama, "Abu'z-Zinad spoke to me about the testimony of the witness and the oath of the one again whom the claim is made. I said, 'Allah Almighty says, "Two men among you should act as witnesses. But if there are not two men, then a man and two women with whom you are satisfied as witnesses; then if one of them forgets, the other can remind her." (2:282)' I said, 'If the testimony of one witness and the oath of the one against whom the
claim is made were enough, then there would be no need for one to remind the other, so why would this one remind the other?" 2524. It is related that Ibn Abi Mulayka said, "Ibn 'Abbas wrote that the Prophet, may Allah bless him and grant him peace, decided that one against whom the claim was made should take an oath." 2525. It is related that 'Abdullah said, "Whoever swears [falsely] by oath that he deserves property, will meet Allah and He will be angry with him." Then Allah Almighty revealed to confirm that, "Those who sell Allah's contract and their own oaths for a paltry price, such people will have no portion in the Next World ...to..a painful punishment."' (3:77) Then al-Ash'ath ibn Qays came out to us and said, 'What has Abu 'Abdu'r-Rahman {i.e. 'Abdullah] related to you?' We told him. He said, 'He has spoken the truth. This was sent down about me. There was a dispute between me and another man about something. We took the dispute to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah,may Allah bless him and grant him peace, said, 'Either produce your two witnesses or he takes an oath.' I said, 'Then he will take an oath without caring.' The Prophet*, may Allah bless him and grant him peace,said, 'Whoever swears by an oath that he deserves soemthing and lies in his oath, will met Allah who will be angry with him.'" Then Allah sent down the confirmation of that. Then he recited this ayat. XXI. CHAPTER: When someone makes a claim about someone or slanders, he can seek the proof and is allowed to seek out the proof 2526. It is related from Ibn 'Abbas that Hilal ibn Umayya accused his wife of adultery with Sharik ibn Sahma' in the presence of the Prophet, may Allah bless him and grant him peace. The Prophet, may Allah bless him and grant him peace, said, 'Produce clear proof or the hadd will be enforced on your back.' He said, 'Messenger of Allah, if one of us were to see a man on top of his wife, would he then go looking for the proof?' He continued to say, 'The clear proof or the hadd will be enforced on your back.'" He mentioned the hadith of the li'an divorce. XXII: The oath after 'Asr 2527. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace s aid, "There are three whom Allah will not speak to or look at the Day of Rising and will not purify and who will have a painful punishment: a man who had excess water on the road and withheld it from travellers; a man who gave allegiance to an Imam and only gave allegiance for this world, and when he is given some of it is pleased and is angry when he is not given any of it; and a man who puts out his goods after 'Asrand says, 'By Allah, I have been offered suchand-such for them,' and someone takes them."
XXIII: The oath of the one against whom the claim is made when he is obliged to take an oath, and he does not have to move from his place to another place [to take it] Marwan decided that Zayd ibn Thabit should take an oath on the minbar and he said, "I will swear it where I am," and Zayd began to take the oath and refused to swear on the minbar. Marwan was surprised at him. The Prophet, may Allah bless him and grant him peace, said, "Either produce your two witnesses or he takes an oath," and he did not specify one place rather than another. 2528. It is related from Ibn Mas'ud that the Prophet, may Allah bless him and grant him peace, said, "Whoever swears an oath in order to [wrongfully] take the property of a Muslim by it, will meet Allah with Him anger with him." XXIV: When people race one another to take the oath 2529. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, offered the oath to some people and they hurried, so he commanded that lots be drawn between them about which would take the oath. XXV: The words of Allah Almighty, "Those who sell Allah's contract and their own oaths for a paltry price." (3:77) 2530. It is related that 'Abdullah ibn Abi Awfa was heard to say, "A man set up his goods and swore by Allah that he had been offered a sum for them which he had not been offered and it was sent down, 'Those that sell the faith that they owe Allah and their own plighted word for a small price.'" Ibn Abi Qafa said, "The one who lies about the value is a treacherous person who consumes usury." 2531. It is related from 'Abdullah that the Prophet*, may Allah bless him and grant him peace, said, "Whoever swears a false oath in order to take the property of a man - or he said, his brother - by it, will meet Allah while He is anger with him." Allah Almighty revealed to confirm that, "Those who sell Allah's contract and their own oaths for a paltry price, ...to..a painful punishment."' (3:77) Al-Ash'ath met me and asked, "What has 'Abdullah related to you today?" I replied, "Such-and-such." He said, "It was sent down about me." XXVI: How one is asked to take an oath Allah Almighty says, "They swear to you by Allah," (9:62) and He, the Mighty and Majestic, says, "Then they come to you, swearing by Allah, 'We desired nothing but good and reconciliation." (4:62) The Prophet, may Allah bless him and grant him peace, said, "A man swore a false oath by Allah after 'Asr." One does not swear by other than Allah.
2532. It is related that Talha ibn 'Ubaydullah was heard to say, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about about Islam. The Messenger of Allah, may Allah bless him and grant him peace, said, 'It is five prayers a day.' He asked, 'Do I have to do any more?' He said, 'No, unless you want to do voluntary prayers. The Messenger of Allah, may Allah bless him and grant him peace, then said, 'And you must fast Ramadan.' He asked, 'Do I have to do any more?' He said, 'No, unless you want to do so voluntarily.'" He said, "The Messenger of Allah, may Allah bless him and grant him peace, mentionedzakat to him. He asked, 'Do I have to do any more?' He replied, 'No, unless you want to do so voluntarily.' The man withdrew, saying, 'By Allah, I will not do more than this nor less than this.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'If he speaks the truth, he will have success.' [i.e. he will be granted Paradise]" 2533. It is related from 'Abdullah that the Prophet, may Allah bless him and grant him peace, said, "Whoever swears an oath, should swear by Allah or be silent." XXVII: The one who establishes the clear proof after the oath The Prophet, may Allah bless him and grant him peace, said, "Perhaps one of you will be more eloquent than another with his argument." Tawus, Ibrahim and Shurayh said, "The just clear proof has more right than the false oath." 2534. It is related from Umm Salama that the Messenger of Allah, may Allah bless him and grant him peace, said, "Litigants come to me and it may be that one of them are more eloquent with his argument than the other and so I and give judgement on some of his brother's right in his favour accordingly. Then I am cutting a piece of the Fire for him, so he should not take it." (Muwatta, Book 36, 1) XXVIII: The one who commands that a promise be carried out Al-Hasan said that and he mentioned Isma'il, "He was true to his promise." (19:54) Ibn alAshwa' judged the promise should be carried out and reported that from Samura ibn Jundub. AlMiswar ibn Makhrama said, "I heard the Messenger of Allah, may Allah bless him and grant him peace,mention one of his sons-in-law and say, 'He promised me this and fulfilled it.'" Abu 'Abdullah said, "I saw that Ishaq ibn Ibrahim used to use the hadith of Ibn Ashwa' as a proof."
2535. It is related that 'Abdullah ibn 'Abbas reported that Abu Sufyan had reported to him that Heraclius said to him, "I asked you what he commanded and you stated that he commanded you to pray, speak truthfully, be chaste, fulfil the promise and carry out the trust." Then he said, "This is the description of a Prophet." 2536. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "There are three signs of a hypocrite: whenever he speaks, he lies; whenever he is trusted, he betrays his trust; and whenever he makes a promise, he breaks it." 2537. It is related that Jabir ibn 'Abdullah said, "When the Prophet, may Allah bless him and grant him peace, died, some money came to Abu Bakr from al-'Ala' ibn al-Hadrami. Abu Bakr said, 'Whoever is owed a debt by the Prophet, may Allah bless him and grant him peace, or had a promise from him should come to us." Jabir said, "I said, 'The Messenger of Allah, may Allah bless him and grant him peace, promised to give me such-and-such, such-and-such and suchand-such,'" and he spread out his hands three times. Jabir said, "He counted out in my hands five hundred and then five hundred and then five hundred." 2538. It is related that Sa'id ibn Jubayr said, "A Jew from the people of al-Hira asked me, 'Which of the two terms did Musa fulfil?' [indicated in 28:27]. I said, 'I do not know until I see the scholar of the Arabs and ask him.' I went and asked Ibn 'Abbas. He said, 'He fulfilled the longer and better of them. When a Messenger of Allah says something, he does it.'" XXIX: The people of the idolaters are not asked to give testimony and the like Ash-Sha'bi said, "The testimony of the people of one religion against another is not allowed by the words of Allah Almighty, 'So We stirred up enmity and hatred between them ' (5:14)" Abu Hurayra reported that the Prophet, may Allah bless him and grant him peace, said, "Do not believe the People of the Book and do not say that they are liars. Say, 'We believe in Allah and what has been sent down.'" 2539. It is related that Ibn 'Abbas said, "O company of Muslims! How can you ask the People of the Book when your book which was sent down on His Prophet, may Allah bless him and grant him peace, is the most recent of the reports by Allah. You recite and it has not been altered. Allah has reported to you that the People of the Book have altered what Allah wrote and changed the Book in their possession. They said, 'It is from Allah' in order to sell it for a small price. Does not the knowledge that has come to you spare you from asking them? No, by Allah, we have not seen a man among them asking you about what was sent down on you!'" XXX: Drawing lots in [the solving of] problems His words, "When they cast their reeds to see which of them would be the guardian of Maryam." (3:44) Ibn 'Abbas said, "They drew lots [by throwing their arrows in the river] and the
arrows went with the stream, but Zakariyya's arrow went against the flow, so Zakariyya was put in charge of looking after her." His word, "fa-sahama" means to agree to draw lots, "and he was among the condemned" (37:141) means those who were defeated. Abu Hurayra said, "The Prophet, may Allah bless him and grant him peace, offered the oath to some people and they raced to take it and he commanded that lots be drawn between them to see who would take the oath." 2540. It is related that an-Nu'man ibn Bashir was heard to say that the Prophet, may Allah bless him and grant him peace, said, "The example of the one who thinks little of the limits of Allah and falls into them is like like some people who draw lots on a boat. Some of them get the lower part and some of them the upper part. Those who in the lower part had to pass by the upper to get water and they annoyed him. So he took an axe and began to make a hole in the bottom of the ship. They came to him and said, 'What is the matter with you?' He said, 'You annoyed me and I must have water.' If they take hold of his hands to stop him, they will save him and all save themselves. If they leave him, they will destroy him and they will destroy themselves." 2541. It is related from Kharija ibn Zayd al-Ansari that Umm al-'Ala', a woman of the Ansar who gave her allegiance to the Prophet, may Allah bless him and grant him peace, reported to him that when the Muhajirun were allotted lodging by drawing lots, the lot of lodging 'Uthman ibn Maz'un fell to them. Umm al-'Ala' said, "'Uthman ibn Maz'un lodged with us. Then he became ill and we nursed him until he died and we put him in his clothes. The Messenger of Allah, may Allah bless him and grant him peace, came to us and I said, 'The mercy of Allah be upon you, Abu's-Sa'ib. I testify to you that Allah has honoured you.' The Prophet, may Allah bless him and grant him peace, said to me, 'How do you know that Allah has honoured him?' I said, 'I do not know, may my father be your ransom, Messenger of Allah!' He said, 'As for 'Uthman, by Allah, the Certain has come to him. I hope for the best for him. By Allah, I do not know what He will do with him in spite of my being the Messenger of Allah.' She said, 'By Allah, I will never vouch for anyone after him.' That grieved me." She said, "I went to sleep and I dreamt I saw 'Uthman as a flowing spring. I went to the Messenger of Allah, may Allah bless him and grant him peace, and told him and he said, 'That is his actions.'" 2542. It is related that 'A'isha said, "When the Messenger of Allah, may Allah bless him and grant him peace, wanted to travel, he would draw lots between his wives, and he would travel with whichever wife had her lot drawn. He used to give each woman her day and night although
Sawda bint Zam'a gave her day and night to 'A'isha, the wife of the Prophet, desiring by that to please the Messenger of Allah, may Allah bless him and grant him peace. 2543. It is related that Abu Hurayra said, "If people only knew what was in the call to prayer and the first row, and could find no other way to get it than drawing lots for it, they would draw lots for it. If they only knew what was in the prayers of 'Isha' and Subh, they would come to them even if they had to crawl."

Sahih Bukhari, Chapter 41 To 55

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Sahih Bukhari, Chapter 41 To 55

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Sahih Bukhari, chapter 41 to 55

Translated by: Aisha Bewley Index:

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