Sahih Al-Bukhari Vol. 3 - 1773-2737

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41
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Al -Bukhari, Muhammed Ibn Ismaiel
Sahih Al -Bukhari\ transl ated by Muhammad Muhsin Khan. -
Riyadh.
500p. , 14x2l cm
ISBN: 9960-717-31-3 (set)
9960-717-34-8 (v. 3)
1- Al -Hadith - Six books I- Khan, Muhammad Muhsin (tr. )
11-Titl e
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Legal Deposit no. 0887/18
ISBN: 9960-717-31-3 (set)
9960-717-34-8 (v.3)
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CONTENTS OF VOLUME THREE
JW
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(1) CHAPTER. 'Umra and its super-
iority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) CHAPTER. 'Umra before ]fajj.
(3) CHAPTER. How many times
did the Prophetperform 'Umra?
(4) CHAPTER. 'Umra in (the
month of) Ramadan. . . . . . . . . . . . . . . . . . . .
(5) CHAPTER. 'Umra on the night
of departure from Mina after Hajj
and on other nights. . . . . . . . . . . . . . . . . . . . .
(6) CHAPTER. 'Umra from At-
Tan'im. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) CHAPTER. 'Umra after per-
forming Hajj withouthaving a
Hady.........................................
(8) CHAPTER. The reward of
'Umra is according to the hardship.
(9) CHAPTER. If a person departs
after performing the Tawaf of
'Umra, wil l that
Tawaf
substitute
for Tawaf-al-Wada' 9 ....................
(10) CHAPTER. The same ceremo-
nies in Umra, as in Hafi. ..............
(11) CHAPTER. W hen a person
performing 'Umra finish his Ihrm?
(12) CHAPTER. W hatto say
on returning from Hajj, 'Umra,
Ghazwa .................................. ...
(13) CHAPTER. Reception of the
returning pil grims. . . . . . . . . . . . . . . . . . . . . . . .
(14) CHAPTER. Arriving in the
morning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(15) CHAPTER. Returning after
midday til l sunset. . . . . . . . . . . . . . . . . . . . . . . .
(16) CHAPTER. Notto go to famil y
on arrival atnight. . . . . . . . . . . . . . . . . . . . . . . .
26 THE BOOK OF
A L- 'UMRA ........................21
(17) CHAPTER. To proceed faster
on reaching his town. . . . . . . . . . . . . . . . . . . .
35
(18) CHAPTER. ". . . So enter houses
through their proper doors. . . " . . . . . . . 35
(19) CHAPTER. Travel l ing is a kind
of torture. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36
(20) CHAPTER. W hatto do to
arrive home earl y7. . . . . . . . . . . . . . . . . . . . . .
36
24
27 THE BOOK OF
AL-MUHSAR ....................37
25
(1) CHAPTER. If one is prevented
from 'Umra................................
37
25 (2)CHAPTER. One who is pre-
vented from performing the Hajj
38
27
before shaving the head (in case)
(3) CHAFFER. The sl aughtering
one is prevented. . . . . . . . . . . . . . . . . . . . . . . . . .
39
27(4)CHAPTER. W hoever said that
the Muhar is notsupposed to
perform 'Umra or Hajj in l ieu of
the prevented one. . . . . . . . . . . . . . . . . . . . . . .
40
28 (5)CHAPTER. The Statementof
Al l ah 1L,: ". . . And whosoever of
29
you is il l or has an ail mentin his
31
scal p, (necessitating shaving), he
mustpay aFi dya.........................
41
(6)CHAPTER. The Saying of Al l ah
33
,i :"...Or gi vi ngSadaqa...........
41
(7) CHAPTER. The Fi dya for a
34
missed or wrongl y practised rel i-
gious ceremony. . . . . . . . . . . . . . . . . . . . . . . . . .
42
34 (8)CHAPTER. The Nusuk (offer-
ing) is one sheep. . . . . . . . . . . . . . . . . . . . . . . . .
43
34 (9)CHAFFER. The Statementof
Al l ah 1: ". . . Nor commitsin nor
35 dispute unjustl y during Ha ........... 44
21
21
22
CONTENTS OF VOLUME THREE 41=1 6
(10) CHAFFER. ". . . Nor commitsin
nor dispute unjustl y during IIajj.....44
28.- THE BOOK OF PENALTY
FOR HUNTING . . . . . . . . . . . . . . . 45
(1) CHAPTER. The penal ty for
hunting (by a Muhri m).................
45
(2) CHAFFER. If a non-Muhri m
hunts and gives to a Mui i ri m......... 45
(3) CHAPTER. If the Muhri mn
saw game and l aughed and a non-
Muhri m understood, they are al -
l owed to eatthe game. . . . . . . . . . . . . . . . .
46
(4) CHAPTER. A Mu/vi m shoul d
nothel p a non-Muhri m in the
hunting of a game. . . . . . . . . . . . . . . . . . . . . .
47
(5) CHAPTER. A Muhri m shoul d
notpointata game . . . . . . . . . . . . . . . . . . . .
48
(6) CHAPTER. If a person gave
onager to a Muhri m then he shoul d
notacceptit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49
(7) CHAPTER. (W hatkind of)
animal s can be kil l ed by a Muhri m. 50
(8) CHAFFER. Itis notpermissibl e
to cutthe trees of the Haram........ 52
(9) CHAFFER. The game in the
Haram shoul d notbe chased. . . . . . . . . 53
(10) CHAPTER. Fighting is prohib-
ited in Makkah. . . . . . . . . . . . . . . . . . . . . . . . . .
53
(11) CHAPTER. Cupping for a
Muhri m....................................
54
(12) CHAPTER. The marrying of a
Muhri m.....................................
55
(13) CHAPTER. W hatis forbidden
for a Mu/vi m as regards perfumes. 55
(14) CHAPTER. The taking of a
bath by a Mui !wi m........................
56
(15) CHAPTER. W earing of I7uff
by a Muhri m i f sl ippers are not
avail abl e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
57
(16) CHAPTER. If an Izar i s not
avail abl e, one can wear trousers. . . . 58
(17) CHAPTER. Carrying of arms
bya Mu/vi m...............................
58
(18) CHAPTER. Entering the Har-
am and Makkah withoutIhram..... 59
(19) CHAFFER. If somebody ignor-
antl y assumed Ihram whil e wearing a
shirt(wil l Fi dya be compul sory?). . . 60
(20) CHAPTER. A Mu/vi m died
at'Arafatand the Prophetdid not
order anybody to finish the remain-
ing ceremonies of Ijajj on his
behal f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
60
(21) CHAFFER. The l egal way of
(burying) a dead Mufri m.............. 61
(22) CHAFFER. To perform Ijajj
on behal f of a dead person. A man
can perform IIajj on behal f of a
woman. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
62
(23) CHAFFER. Performing IIajj
for a person who cannotsitfirml y on
the mount. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
62
(24) CHAPTER. Performing Ijaff by
a woman on behal f of a man. . . . . . . .
63
(25) CHAPTER. The Hajj of boys
(chil dren etc. ) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63
(26) CHAPTER. Hajj of women. . . . 64
(27) CHAPTER. W hoever vowed to
go on footto the Ka'bah. . . . . . . . . . . . . .
67
29- THE BOOK ABOUT THE
VIRTUES OF
AL-MADINA. . . . . . . . . . . . . . . . . . . . .
68
(1) CHAFFER. Haram (sanctuary)
of Al -Madina. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68
(2) CHAFFER. Superiority of Al -
Madina. Itexpel s (evil ) persons. . . . .
69
(3) CHAPTER. Al -Madina is al so
cal l ed Taba. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70
(4) CHAPTER. The two mountains
of Al -Madina. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70
(5) CHAPTER. The one who avoids
l iving in Al -Madina7. . . . . . . . . . . . . . . . . . . .
70
(6) CHAPTER. Iman (Bel ief) re-
turns and goes back to Al -Madina. 71
(7) CHAFFER. Sin of thatperson
who harms the peopl e of Al -
Madina. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72
(8) CHAPTER. The high buil dings
of Al -Madina. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72
(9) CHAPTER. A d-Dajjal wi ll not
be abl e to enter Al -Madina . . . . . . . . . . 72
(10) CHAPTER. Al -Madina expel s
al l the evil and bad persons. . . . . . . . . . .
74
7
CHAPTER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
(11) CHAPTER. The disl ike of the
ProphetthatAl -Madina shoul d
be vacated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
(12) CHAPTER. . . . . . . . . . . . . . . . . . . . . . . . . . 76
30 THE BOOK OF A S-SA UM
(THE FASTING) . . . . . . . . . . . . . . 78
(1) CHAPTER. Fasting is obl igatory
in (the month of) Ramadan. . . . . . . . . . 78
(2) CHAPTER. The superiority of
A s-Saum (the fasting). . . . . . . . . . . . . . . . . .
79
(3) CHAPTER. A s-Saum (the fast-
ing) is an expiation (for sins). . . . . . . .
80
(4) CHAPTER. A r-Rai yan is for
peopl e observing aum................
80
(5) CHAPTER. Shoul d itbe said
"Ramadan" or "the month of Ra-
madan?" And whoever thinks that
both are permissibl e. . . . . . . . . . . . . . . . . . . . .
82
(6) CHAPTER. W hoever observed
fastin Ramadan outof sincere Faith
with honestintention. . . . . . . . . . . . . . . . . . .
83
(7) CHAPTER. The Prophet
used to be mostgenerous in the
month of Ramadan. . . . . . . . . . . . . . . . . . . . .
83
(8) CHAPTER. W hoever does not
give up l ying speech whil e observing
Saum........................................
(9) CHAPTER. Shoul d one say, "1
am observing Saum (fast)" on being
abused7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
84
(10) CHAPTER. A s-Saum for those
who fear committing il l egal sexual
acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
85
(11) CHAPTER. "Startobserving
Saum on seeing the crescentof
Ramadan, and stop on seeing the
crescent(of ShawwAl ). ' . . . . . . . . . . . . . . . .
85
(12) CHAPTER. The two months of
'Ei ddo notdecrease. . . . . . . . . . . . . . . . . . . .
87
(13) CHAPTER. "W e neither write
nor know accounts. ". . . . . . . . . . . . . . . . . . . .
88
(14) CHAPTER. Notto observe
Saum for a day or two ahead of
Ramadn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
88
(15) CHAFFER. "Itis made l awful
for you to have sexual rel ations with
your wives on the nightof the A -
Saum ........................................
(16) CHAFFER. The Statementof
Al l ah ". . . And eatand drink
until the white thread of dawn appears
to you distinctfrom the bl ack. . . ".
(17) CHAPTER. "The A dhan of
Bil al shoul d notstop you from
taki ngSazr."............................
(18) CHAFFER. Taking the Sahr
hurriedl y (shortl y before dawn). . . . .
(19) CHAFFER. Interval between
the Sahr and Salat-ul-Fajr...........
(20) CHAFFER. Sai r is a bl essing
butitis notcompul sory. . . . . . . . . . . . . . .
(21) CHAFFER. If the intention of
Saum was made in the daytime. . . . .
(22) CHAFFER. If a person obser-
ving Saum gets up in the morning in
the state of J anaba ......................
(23) CHAFFER. To embrace whil e
one is observing Saum (fast). . . . . . . . .
(24) CHAFFER. Kissing by a fasting
person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(25) CHAFFER. Taking a bath by a
person observing Saum (fast). . . . . . . .
(26) CHAPTER. If a person obser-
ving Saum ate or drank forgetful l y.
(27) CHAPTER. Si wak for the
person observing Saum (fast). . . . . . . .
(28) CHAPTER. "W hoever per-
forms abl ution shoul d putwater in
his nose and then bl ow itout. . . . . . . . .
(29) CHAPTER. Sexual intercourse
with wife in Ramadan . . . . . . . . . . . . . . . . . .
(30) CHAFFER. Sexual intercourse
with wife in Ramadan and the
expiation of that. . . . . . . . . . . . . . . . . . . . . . . . . .
(31) CHAPTER. To feed famil y
from expiation sin if they are needy.
(32) CHAPTER. Cupping and vo-
miting in Saum (fast). . . . . . . . . . . . . . . . . . .
(33) CHAFFER. To observe Saum
(fast) or notduring journeys. . . . . . . . .
(34) CHAFFER. If a person ob-
served Saum for some days and then
wenton a journey. . . . . . . . . . . . . . . . . . . . . . .
88
90
91
91
92
92
93
93
94
95
96
97
98
99
99
100
101
102
103
105
CONTENTS OF VOLUME THREE 61=1l
II
(35) CHAPTER . . . . . . . . . . . . . . . . . . . . . . . . . . 105
(36) CHAPTER. Itis notright-
eousness to observe Saum on a
journey. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
(37) CHAPTER. Notto criticize
each other for observing Saum or
not(on journeys). . . . . . . . . . . . . . . . . . . . . . . . 106
(38) CHAPTER. W hoever broke his
Saum (fast) on a journey (publ icl y). 106
(39) CHAPTER. Those who can fast
with difficul ty have to feed a poor
person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
(40) CHAPTER. To make up for
the missed days of fasting. . . . . . . . . . . . . 108
(41) CHAPTER. The menstruating
shoul d l eave the Saum and Salat... 109
(42;) CHAPTER. Can somebody el se
observe Saum instead the dead? . . . . 109
(43) CHAFFER. W hen to break the
Saum (fast)9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
(44) CHAPTER. Iftar [to break the
Saum (fast)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
(45) CHAPTER. To hasten the
Iftar
. ......................................... 112
(46) CHAPTER. If somebody
breaks the Saum thinking thatthe
sun has set. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
(47) CHAFFER. Saum (fasting) of
boys (chil dren etc. ) . . . . . . . . . . . . . . . . . . . . . 113
(48) CHAPTER. To observe Saum
(fast) continuousl y . . . . . . . . . . . . . . . . . . . . . . . . 114
(49) CHAFFER. The punishment
for the person who practises A l-
W isal very often. . . . . . . . . . . . . . . . . . . . . . . . . . 115
(50) CHAPTER. To observe Saum
continuousl y day and night(A l-
Wi sal)til l the time of Sahar.......... 116
(51)CHAPTER. If someone forces
his Musl im brother to break his
(Nawafi l)fast. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
(52) CHAPTER. Saum (fasting) in
the month of Sha'bn . . . . . . . . . . . . . . . . . . 118
(53) CHAFFER. Fasting and non-
fasting (periods) of the Prophet. 118
(54;) CHAPTER. The rightof the
guestin fasting. . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
(55) CHAFFER. The rightof the
body in observing A s-Saum . .......... 120
(56) CHAFFER. Observing .aum
(fasting) dail y throughoutthe l ife. . 121
(57) CHAFFER. The rightof the
famil y (wife) in observing A s-Saum. 122
(58) CHAFFER. Saum (fasting) on
al ternate days. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
(59) CHAFFER. The Saum (fast-
ing) of Dawil d (David)
r5LJ
. . . 123
(60) CHAPTER. To fastthe
13th, 14th and 15th of the l unar
months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
(61) CHAFFER. W hoever visited
some peopl e and did notbreak his
(optional ) Saum (fast) with them. . . 125
(62) CHAFFER. Fasting the l ast
days of the month . . . . . . . . . . . . . . . . . . . . . . . 125
(63) CHAFFER. Observing Saum
(fast) on Friday. . . . . . . . . . . . . . . . . . . . . . . . . . . 126
(64) CHAPTER. Can one sel ect
some special days [for observing
Saum (fast)]7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
(65) CHAFFER. Observing 5aum
(fast) on the day of 'A rafah ........... 128
(66) CHAFFER. Observing aum
on the firstday of 'Ei d-ul- Fi tr ....... 128
on the firstday of 'Ei d-ul-A !ha ..... 129
(68) CHAFFER. Observing aum
(fast) on Tasjyfqdays . . . . . . . . . . . . . . . . . . 131
(fast) on the day of 'A sJ ura ........... 131
31 THE BOOK OF TARAWIH
PRAYERS. . . . . . . . . . . . . . . . . . . . . . . . . 135
Nawafi l atnightin Ramadan . . . . . . . . 135
32 THE BOOK OF
SUPERIORITY OF THE
NIGHT OF QADR............ 138
the nightof Qadr........................ 138
(2) CHAPTER. To l ook for the
nightof Qadr in the l astseven
nights (of Ramadan) . . . . . . . . . . . . . . . . . . . . 138
(3) CHAPTER. To search for the
nightof Qadr in the odd nights . . . . . 139
CONTENTS OF VOLUME THREE iW $ 9
(4) CHAPTER. The knowl edge of
the nightof Qadr was taken away
because of the quarrel l ing . . . . . . . . . . . . 142
(5) CHAPTER. Good deeds in the
l astten days of Ramadan . . . . . . . . . . . . . 142
33 THE BOOK OF I'TIKAF.. 143
(1) CHAPTER. The I'ti kaf in the
l astten days of Ramadan. . . . . . . . . . . . . 143
(2) CHAPTER. A menstruating
woman is permitted to comb the
hair of a man in I'ti kaf................. 144
(3) CHAFFER. Mu'taki f notto
enter the house exceptfor a need. . 145
(4) CHAPTER. The taking of a bath
bya Mutakf..............................
145
(5) CHAPTER. The I'ti kaf at
night. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
145
(6) CHAFFER. W omen's I'ti kaf.... 146
(7) CHAPTER. Tents in mosque. . . 146
(8) CHAPTER. Mu'taki f going to
the gate of the mosque . . . . . . . . . . . . . . . . 147
(9) CHAPTER. Coming outof
I'ti kaf in the morning of the twen-
tieth (of Ramadan). . . . . . . . . . . . . . . . . . . . . 148
(10) CHAFFER. I'ti k.af of a woman
who has bl eeding in between her
periods. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
148
(11) CHAPTER. The visitof the
wife to her husband in I'Li kaf........ 149
(12) CHAFFER. Is itpermissibl e
for the Mu'talaf to defend himsel f. . 150
(13) CHAFFER. W hoever wentout
of his I'ti kaf in the morning. . . . . . . . . 150
(14) CHAPTER. I'ti kaf in the
month of Shawwl . . . . . . . . . . . . . . . . . . . . . . . 151
(15) CHAPTER. I'ti kaf without
fasting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
152
(16) CHAPTER. Vow in the pre-
Isl amic period to perform I'ti kaf
152
(17) CHAPTER. I'ti kaf in the mid-
dl e ten days of Ramacl an. . . . . . . . . . . . . 152
(18) CHAPTER. W hoever intended
I'ti kaf and then changed his mind. . 153
(19) CHAFFER. A Mu'taki f can
l ethis head in the house for
washing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
153
34 THE BOOK OF SALES
(BARGAINS) . . . . . . . . . . . . . . . . . . . . 155
(1) CHAFFER. W hathas come in
the Statementof Al l ah 'Then
when the Salat is ended, you may
disperse through the l and, and seek
of the Bounty of Al l ah. . ." ............ 155
(2) CHAFFER. Legal , il l egal and
doubtful things. . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
(3) CHAPTER. Expl anation of
doubtful (uncl ear) things. . . . . . . . . . . . . . 159
(4) CHAPTER. W hatdoubtful
(uncl ear) things shoul d be avoided? 161
(5) CHAFFER. W hoever does not
consider dark suggestions. . . . . . . . . . . . . . 161
(6) CHAPTER. The Statementof
Al l ah J, : "And when they see
some merchandise or some amuse-
mentthey disperse headl ong to
it. . . ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
162
(7) CHAPTER. One who does not
care from where he earns. . . . . . . . . . . . . 162
(8) CHAPTER. Trade of cl oth and
other things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
163
(9) CHAPTER. Going outfor
trading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
164
(10) CHAPTER. Trading in sea.
164
(11) CHAPTER. . . . . . . . . . . . . . . . . . . . . . . . . . 165
(12) CHAFFER. Al l ah's Statement:
". . . Spend of the good things which
you have earned. . . ". . . . . . . . . . . . . . . . . . . . . . 166
(13) CHAPTER. W hoever l iked to
expand in his sustenance. . . . . . . . . . . . . . . 166
purchased (foodgrains) on credit. . . . 167
(15) CHAPTER. The earnings of a
person and his manual l abour. . . . . . . . 168
(16) CHAPTER. One shoul d be
l enientand generous in bargaining. 169
(17) CHAPTER. W hoever gave
time to a rich person to pay athis
convenience. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
170
(18) CHAPTER. A person in hard
circumstances to pay debt(when
abl e to repay). . . . . . . . . . . . . . . . . . . . . . . . . . . . .
170
(19) CHAPTER. To expl ain the good
and bad points of the transaction.
171
II
(20) CHAFFER. Sel l ing of mixed
considered as l egal 7. . . . . . . . . . . . . . . . . . . . . 187

dates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 (44) CHAPTER. To cancel or
(21) CHAPTER. W hatis said about
confirm the bargain. . . . . . . . . . . . . . . . . . . . . 188

the meatsel l er and the butcher. . . . . 172
(45) CHAPTER. The option of
(22) CHAPTER. The l oss (of bl es-
cancel l ing the bargain. . . . . . . . . . . . . . . . . 188

sing) if one tel l s l ies or hides the
(46) CHAFFER. If the sel l er has the

facts in a deal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
option of cancel l ing the bargain. . . . . 189
(47) CHAFFER. To buy a thing and

Al l ah ". . . EatnotRi ba
give itas a present. . . . . . . . . . . . . . . . . . . . . . . 190

doubl ed and mul tipl ied. . . . . . . . . . . . . . . . . 173 (48) CHAFFER. W hatis disl iked as
(24) CHAPTER. The sin of Ri b, its
regards cheating in business. . . . . . . . . . 191

witness and its writer. . . . . . . . . . . . . . . . . . . 173 (49) CHAFFER. W hatis said about
(25) CHAPTER. The Ri ba-gi ver.... 175
markets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
(26) CHAPTER. : "Al l ah wil l de-
(50) CHAPTER. The disl ike of

stroy Ri ba and wil l give increase for
raising voices in the market. . . . . . . . . . . 194

Sadaqat...................................... 175 (51)CHAPTER. W eighing goods by
(27) CHAPTER. Giving oaths
the sel l er or the giver. . . . . . . . . . . . . . . . . . . 195

(swearing) whil e sel l ing. . . . . . . . . . . . . . . . 176 (52)CHAPTER. W hatis considered
(28) CHAFFER. W hatis said about
preferabl e regarding measuring. . . . . . 196

the gol dsmiths. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
(53) CHAFFER. Al l ah's Bl essing
(29) CHAFFER. The mentioning of
in the S' and Mudd of the

bl acksmiths. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Prophet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
(30) CHAPTER. The mentioning of
(54)CHAFFER. The sel l ing of the

the tail or. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
178 foodstuff and its storage. . . . . . . . . . . . . . . 197

(31) CHAPTER. The weaver. . . . . . . . 179 (55) CHAPTER. The sel l ing of
(32) CHAPTER. The carpenter. . . . . 179
foodstuff before receiving it. . . . . . . . . . 199
(33) CHAPTER. The purchase by
(56) CHAFFER. W hoever bought

the rul er himsel f. . . . . . . . . . . . . . . . . . . . . . . . . . 180
foodstuff withoutmeasuring or
(34) CHAFFER. The purchase of
weighing shoul d notsel l before

animal s and donkeys. . . . . . . . . . . . . . . . . . . . 181
bringing into house. . . . . . . . . . . . . . . . . . . . . . 200
(35) CHAFFER. The markets of the
(57)CHAPTER. If somebody buys

Pre-Isl amic Period of Ignorance. . . . . 182
some goods or (an) animal and l etit
(36) CHAPTER. Purchasing of
with the sel l er, or itdies before he

camel suffering from disease. . . . . . . . . 183
takes itinto his possession. . . . . . . . . . . . 200
(37) CHAPTER. Sel l ing of arms
(58) CHAFFER. Notto cancel a

during the period of A 1-Fi tnah....... 183
bargain al ready agreed upon. . . . . . . . 201
(38) CHAFFER. The perfume sel l er
(59)CHAFFER. Sel l ing by auction. 202

and the sel l ing of musk. . . . . . . . . . . . . . . . 184
(60) CHAFFER. A n-Najsh ........... 202
(39) CHAFFER. A 1-Ijajjam (i. e. ,
(61) CHAPTER. A l-Gharar and

the one who practises cupping). . . . . 184
Habal-i l-Habala........................... 203
(40) CHAFFER. The trade of cl oth,
(62) CHAPTER. A l-Li mas or

wearing of which is undesireabl e.
185 Mulamasa.................................. 203

(41) CHAPTER. The owner of a
(63) CHAFFER. Munbadha........ 204

thing has to suggesta price. . . . . . . . . . . 186 (64) CHAPTER. The sel l er is not
(42) CHAFFER. For whatperiod to
al l owed to keep animal unmil ked for

confirm or cancel the bargain9 . . . . . . 186 a l ong time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
(43) CHAPTER. If the time for the
(65)CHAFFER. Returning an ani-

option is notfixed, wil l the deal be
mal after mil king it. . . . . . . . . . . . . . . . . . . . . . 206

CONTENTS OF VOLUME THREE JW l 11
(66) CHAPTER. The sel l ing of an
adul terer sl ave . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
(67) CHAPTER. Deal ing with wo-
men in sel l ing and buying . . . . . . . . . . . . . 207
(68) CHAPTER. Is itpermissibl e
for a person from the town to sel l
the goods of a desertdwel l er. . . . . . . . . 208
(69) CHAPTER. W hoever hated
thatan urban person shoul d sel l
the goods of a desertdwel l er and
charge him for that. . . . . . . . . . . . . . . . . . . . . . 209
(70) CHAFFER. A town dwel l er
shoul d notbuy goods for a desert
dwel l er and charge commission as a
broker. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
(71) CHAPTER. Itis forbidden to
meetthe caravans on the way (to buy
the goods away from the market). . . 210
(72) CHAPTER. The l imits to which
one can go ahead to meetthe
caravan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
(73) CHAFFER. If somebody im-
poses conditions in sel l ing against
the Isl amic Law. . . . . . . . . . . . . . . . . . . . . . . . . . . 212
(74) CHAPTER. Sel l ing of dates for
dates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
(75) CHAPTER. The sel l ing of
dried grapes for dried grapes and
meal s for meal s. . . . . . . . . . . . . . . . . . . . . . . . . . . 214
(76) CHAPTER. Sel l ing of barl ey
for barl ey. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
(77) CHAPTER. Sel l ing of gol d for
gol d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
(78) CHAPTER. Sel l ing of sil ver for
sil ver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
(79) CHAFFER. Sel l ing of Dinr
for DInAr on credit. . . . . . . . . . . . . . . . . . . . . . 216
(80) CHAPTER. Sel l ing of sil ver for
gol d on del ayed payment. . . . . . . . . . . . . . 217
(81) CHAPTER. Sel l ing of gol d for
sil ver from hand to hand . . . . . . . . . . . . . . 217
(82) CHAPTER. Al-Muzabana,
Al-'A raya. ................................. . 217
dates stil l on trees . . . . . . . . . . . . . . . . . . . . . . . 219
(84) CHAPTER. 'A rya. .............. 220
(85)CHAPTER. The sal e of fruits
before their benefitis evident. . . . . . . . 221
(86) CHAPTER. The sal e of
date-pal ms before their benefitis
evident. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
(87) CHAPTER. If somebody
sel l s fruits before their benefitis
evident. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
(88) CHAPTER. To buy foodstuff
on credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
(89) CHAFFER. To buy dates for
Ri ba -A l-Fad!............................... 224
(90) CHAPTER. Sol d or rented
date-pal ms which were pol l inated,
or l and which was sown. . . . . . . . . . . . . . . . 225
(91) CHAFFER. The sal e of un-
harvested crops for a measured
quantity of foodstuff . . . . . . . . . . . . . . . . . . . . 226
(92) CHAPTER. The sal e of date-
pal ms compl etel y. . . . . . . . . . . . . . . . . . . . . . . . . 226
(93) CHAPTER. Bai ' A l-Mukh-
dara.......................................... 226
(94) CHAPTER. The sal e and
eating of spadix. . . . . . . . . . . . . . . . . . . . . . . . . . . 227
(95)CHAPTER. W here there is no
fixed judgement, the traditions and
conventions of community are to be
referred . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
(96) CHAPTER. Sel l ing of a joint
property by one to the other . . . . . . . . . 229
(97) CHAPTER. The sal e of un-
divided common bel ongings . . . . . . . . . . 229
(98) CHAFFER. If somebody buys
something for another withouthis
permission and the l atter accepts it. 230
(99) CHAFFER. Buying and sel l ing
with Mushri kun and the enemy. . . . . . 232
(100) CHAFFER. The purchase of a
sl ave from the enemy . . . . . . . . . . . . . . . . . . . 232
(101) CHAFFER. The hides of dead
animal s before tanning. . . . . . . . . . . . . . . . . 235
(102) CHAFFER. Kil l ing of pigs. . . 235
(103) CHAPTER. The fatof the
dead animal shoul d notbe sol d. . . . . 236
(104) CHAFFER. The sel l ing of the
pictures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
(105) CHAFFER. Trade of al co-
hol ic drinks is il l egal . . . . . . . . . . . . . . . . . . . . 238
(106) CHAPTER. The sin of a
person who sel l s a free man. . . . . . . . . . 238
CONTENTS OF VOLUME THREE 41M3 iI 6W 12
(107) CHAPTER. The Prophetii
ordered the Jews to sel l their l and. . 238
(108) CHAFFER. The sal e of a
sl ave (for a sl ave) and an animal
for an animal on credit. . . . . . . . . . . . . . . . .
238
(109) CHAPTER. The sal e of
sl aves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
(110) CHAPTER. The sal e of a
sl ave who is promised to be manu-
mitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
(111) CHAPTER. Travel with a
sl ave-girl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
(112) CHAPTER. The sal e of dead
animal s and idol s. . . . . . . . . . . . . . . . . . . . . . . . . 242
(113) CHAFFER. Price of a dog. . .
243
35 THE BOOK OF
A S-SA.LAM. ....................... 244
(1) CHAPTER. A s-Salam by a
definite known specified measure. . . 244
(2) CHAPTER. A s-Salam for a
known specified weight. . . . . . . . . . . . . . . . 244
(3) CHAPTER. A s-Salam to a
person who has gotnothing. . . . . . . . . .
246
(4) CHAPTER. A s-Salam for (the
fruits of) date-pal ms . . . . . . . . . . . . . . . . . . . . 247
(5) CHAPTER. The guarantor in
A s-Salam . ..................................
248
(6) CHAPTER. Mortgaging in A s-
Salam........................................ 248
(7) CHAPTER. A s-Salam for a fixed
specified period . . . . . . . . . . . . . . . . . . . . . . . . . . 249
(8) CHAPTER. A s-Salam in buying
a she-camel to be del ivered after it
has given birth. . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
36 -THE BOOK OF PRE-
EMPTION . . . . . . . . . . . . . . . . . . . . . . . . 251
(1) CHAFFER. Shuf'a is val id if the
property is undivided. . . . . . . . . . . . . . . . . . . 251
(2) CHAFFER. The partner shoul d
inform his partner before sel l ing. . . . 251
(3) CHAPTER. W ho is considered
as the nearer neighbour? . . . . . . . . . . . . . . 252
37 THE BOOK OF HIRING. 253
(1) CHAPTER. To hire a pious
man. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
(2) CHAPTER. To shepherd sheep
for Qi rat .................................... 253
(3) CHAPTER. The empl oymentof
Musfyikun (by Musl ims). . . . . . . . . . . . . . . 254
(4) CHAPTER. Itis l egal if some-
body hires someone to work for
him. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
(5) CHAPTER. Empl oying l a-
bourers for services in hol y battl es. 255
(6) CHAPTER. If somebody em-
pl oys someone. . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
(7) CHAPTER. To empl oy someone
to repair a wal l which is aboutto
col l apse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
(8) CHAPTER. Empl oymentup to
midday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
(9) CHAPTER. Empl oymentup to
the 'A sr. .................................... 257
(10) CHAFFER. The sin of him who
withhol ds the wages of empl oyee. . . 258
(11) CHAPTER. Empl oymentfrom
A sr til l night. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
(12) CHAPTER. The l abourer l eft
the wages and wentaway. . . . . . . . . . . . . . 260
(13) CHAPTER. To empl oy himsel f
to carry l oads, and the wages of
porters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
(14) CHAPTER. W ages of a
broker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
(15) CHAPTER. To work as an
empl oyee for Musjjri kun............... 263
(16) CHAPTER. W hatis paid for
Ruqya........................................ 263
(17) CHAFFER. The taxes imposed
on the sl aves by their masters. . . . . . . . 265
(18) CHAPTER. The wages of one
who has the profession of cupping. 265
(19) CHAFFER. W hoever appeal ed
to the masters to reduce his taxes. . 266
(20) CHAFFER. The earnings of
prostitutes and femal e-sl aves . . . . . . . . . 266
(21) CHAPTER. (Charging for) the
semen of a mal e animal . . . . . . . . . . . . . . . . 267
(22) CHAFFER. If somebody rents
l and and he or the owner dies. . . . . . . 267
CONTENTS OF VOLUME THREE .J WI 6
PV,0
13
38 THE BOOK OF
A L-HA WA LA T................... 269
(1) CHAPTER. A 1-Ijawala (the
transference of a debtfrom one
person to another) . . . . . . . . . . . . . . . . . . . . . . 269
(2) CHAPTER. If somebody's debt
are transferred to a rich debtor . . . . . 269
(3) CHAPTER. If the debts due on a
dead person are transferred to
somebody, the transference is l egal . 270
39 THE BOOK OF
A L-K4FA LA ...................... 271
(1) CHAPTER. A l-Kafala ............. 271
Al l ah : ". . . To those al so
with whom you have made a pl edge,
give them their due portion by
Wasa ....................................... 273
(3) CHAPTER. He who undertakes
to repay the debts of a dead person. 275
(4) CHAPTER. The pl edge of
protection given to AbU Bakr. . . . . . . . 275
(5) CHAPTER. The debts. . . . . . . . . . . . 278
40 THE BOOK OF
REPRESENTATION. . . . . . . . . 280
(1) CHAPTER. A partner can
deputize for another . . . . . . . . . . . . . . . . . . . . 280
(2) CHAPTER. If a Musl im depu-
tizes a non-Musl im . . . . . . . . . . . . . . . . . . . . . . 280
(3) CHAPTER. To deputize one in
exchanging money and weighing
goods. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281
(4) CHAPTER. To save the thing
l iabl e to be spoil ed. . . . . . . . . . . . . . . . . . . . . . 282
(5)CHAPTER. To depute a person,
presentor absent. . . . . . . . . . . . . . . . . . . . . . . . . 283
(6) CHAPTER. To depute a person
to repay debts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
(7) CHAPTER. To give a giftto a
deputy or to their intercessor . . . . . . . . 284
(8) CHAPTER. If someone deputes
a person to give something . . . . . . . . . . . 285
(9) CHAPTER. A woman can
depute the rul er in marriage . . . . . . . . . 286
(10) CHAPTER. If a person deputes
somebody, and the deputy l eaves
something. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
287
(11) CHAPTER. If a deputy sel l s
something (in an il l egal manner). . . . 289
(12) CHAPTER. The deputyship for
managing the Waqf and the expenses
of the trustee. The trustee can
provide his friends and can eatfrom
itreasonabl y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
289
(13) CHAPTER. To depute a
person to carry outa punishment. . . 290
(14) CHAPTER. To depute some-
one to sacrifice Budn (camel s for
sacrifice) and to l ook after them. . . . 291
(15) CHAPTER. If a person tel l s his
deputy, "Spend itas Al l ah directs
you,". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
291
(16) CHAPTER. To depute a
trustworthy treasurer. . . . . . . . . . . . . . . . . . . . 292
41 THE BOOK OF
CULTIVATION AND
AGRICULTURE. . . . . . . . . . . . . . . 293
(1) CHAPTER. Sowing seeds and
pl anting trees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
(2) CHAPTER. The resul ts
of indul ging in agricul tural equip-
ment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
(3) CHAPTER. Keeping a watch-
dog for the farm. . . . . . . . . . . . . . . . . . . . . . . . . . 294
(4) CHAFFER. Empl oying oxen for
pl oughing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
(5) CHAPTER. To say to another,
"Look after my date-pal m trees. . . . . . 296
(6) CHAFFER. The cutting of trees
and date-pal m trees. . . . . . . . . . . . . . . . . . . . . 297
(7) CHAPTER: . . . . . . . . . . . . . . . . . . . . . . . . . . 297
(8) CHAFFER. Temporary share-
cropping contract. . . . . . . . . . . . . . . . . . . . . . . . 297
(9) CHAFFER. The contractof
share-cropping . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
(10) CHAPTER. . . . . . . . . . . . . . . . . . . . . . . . . . 299
(11) CHAPTER. Share-cropping
with the Jews. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
(12) CHAPTER. W hatconditions
are disl iked in share-cropping . . . . . . . . 300
CONTENTS OF VOLUME THREE . JW Jl 14
(13) CHAPTER. If a person invests
the money of someone el se in
cul tivation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
300
(14) CHAPTER. The Auqaf,
Iciiaraj,
share-cropping and other
agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
(15) CHAPTER. Cul tivating the
negl eeted l and . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
(16) CHAPTER: . . . . . . . . . . . . . . . . . . . . . . . . . 303
(17) CHAPTER. The l ease can be
continued according to the approval
of both the parties. . . . . . . . . . . . . . . . . . . . . . . 304
(18) CHAPTER. To share the yiel ds
and fruits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
(19) CHAPTER. To rentthe l and
for gol d and sil ver . . . . . . . . . . . . . . . . . . . . . . . 307
(20) CHAPTER: . . . . . . . . . . . . . . . . . . . . . . . . .
308
(21) CHAPTER. W hatis said about
pl anting trees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308
42 THE BOOK OF
W ATERING . . . . . . . . . . . . . . . . . . . . . 311
CHAPTER. The Statementof Al l ah
. .
. . . And W e have made from
water every l iving thing. . . "
(1) CHAPTER. Giving water in
charity, or as a gift. . . . . . . . . . . . . . . . . . . . . . . 311
(2) CHAPTER. Superfl uous water
shoul d notbe withhel d from others.
312
(3) CHAPTER. If one digs a wel l
and somebody fal l s in itand dies. . .
313
(4) CHAPTER. Disputes and con-
troversies aboutwel l s. . . . . . . . . . . . . . . . . . . 313
(5)CHAPTER. The sin of him who
withhol ds water from travel l ers. . . . . . 314
(6) CHAPTER. The dams of rivers. 315
(7) CHAPTER. The l and near the
source of water to be irrigated first. 316
(8) CHAPTER. The l and to be
covered with water up to the
ankl es. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
providing water. . . . . . . . . . . . . . . . . . . . . . . . . . . 317
(10) CHAPTER. The owner of a
tank or a l eather water-container. . . 318
(11) CHAPTER. Hi m (private
pasture). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
(12) CHAPTER. Drinking water by
peopl e and animal s from rivers. . . . . . 321
wood and grass . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
(14) CHAFFER. The uncul tivated
pieces of l and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
(15) CHAPTER. Documentation of
the l and grants. . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
(16) CHAPTER. Mil king she-ca-
mel s atwater pl aces . . . . . . . . . . . . . . . . . . . . . 325
(17) CHAPTER. To pass through a
garden or to have a share in date-
pal ms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
43 THE BOOK OF LOANS,
FREEZING OF
PROPERTY, AND
BANKRUPTCY
. . . . . . . . . . . . . . . . . 328
(1) CHAPTER. W hoever buys a
thing on credit. . . . . . .
. . . . . . . . . . . . . . . . . . . . . 328
(2) CHAPTER. Borrowing money
from peopl e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328
(3) CHAPTER. Repaymentof
debts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329
(4) CHAPTER. To buy camel s on
credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
330
(5) CHAPTER. Demanding debts
handsomel y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331
(6) CHAPTER. Can one give an
ol der (camel ) than thathe owes?. . . 331
(7) CHAPTER. Repaying debts
handsomel y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331
(8) CHAPTER. If somebody repays
l ess than whathe owes. . . . . . . . . . . . . . . . . 332
(9) CHAPTER. To settl e one's
accounts by repaying. . . . . . . . . . . . . . . . . . . .
333
(10) CHAPTER. To seek refuge
with Al l ah from being in debt. . . . . . . .
334
(11) CHAPTER. The funeral Salat
(prayer) for a dead person in
debt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334
(12) CHAPTER. Procrastination
(del ay) in repaying debts by a
weal thy person is injustice. . . . . . . . . . . . .
335
(13) CHAPTER. The owner of the
righthas the permission to demand
hisright. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
335
(14) CHAPTER. If somebody l ends
something and the possessor gets
bankrupt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336
(15) CHAPTER. Del ay in the
repaymentof debts for a day or so. 336
(16) CHAPTER. The property of a
bankrupt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
(17) CHAPTER. To l end money or
sel l on creditfor a fixed time . . . . . . . . 337
(18) CHAPTER. Intercession for
the reduction of debts. . . . . . . . . . . . . . . . . . 338
(19) CHAFFER. W asting money. . . 339
(20) CHAPTER. A sl ave is a
guardian of the property of his
master. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340
44 THE BOOK OF
QUARRELS . . . . . . . . . . . . . . . . . . . . . 341
(1) CHAPTER. Aboutthe peopl e
and quarrel s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341
(2) CHAPTER. The deal s done by a
weak-minded or an extravagant
person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343
(3) CHAPTER. If somebody sel l s a
thing for a weak-minded person. . . . . 343
(4) CHAPTER. The tal k of oppo-
nents againsteach other. . . . . . . . . . . . . . . 344
(5) CHAPTER. Turning outthe
sinners and the quarrel some peopl e
of the houses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346
(6) CHAFFER. To fil e a case for
ful fil l ing the wil l of the deceased. . . . 346
(7) CHAPTER. Tying the person
l iabl e to do mischievous things . . . . . . 347
(8) CHAPTER. Fastening and im-
prisoning in the Ijaram ................ 347
(9) CHAPTER. (The creditor's)
pursuit(after his debtors). . . . . . . . . . . . . 348
(10) CHAPTER. Demanding one's
debts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348
45 THE BOOK OF
A L-LUQA TA ..................... 350
(1) CHAPTER. Owners' proof. . . . . . 350
(2) CHAPTER. Lostcamel s. . . . . . . . . . 350
(3) CHAPTER. Lostsheep. . . . . . . . . . . 351
(4) CHAPTER. If the owner of a
4J1V4 1
15
l ostthing is notfound for one
year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352
(5)CHAFFER. If someone finds a
thing in the sea. . . . . . . . . . . . . . . . . . . . . . . . . . . 352
(6) CHAFFER. If somebody finds a
date on the way . . . . . . . . . . . . . . . . . . . . . . . . . . 352
(7) CHAFFER. How the
Luqata at
Makkah is to be announced. . . . . . . . . . 353
(8) CHAFFER. No animal may be
mil ked withoutthe permission of its
owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355
(9) CHAPTER. If the owner of l ost
property comes back after a year. . . 355
(10) CHAFFER. Shoul d one pick
up a fal l en thing? . . . . . . . . . . . . . . . . . . . . . . . . 356
(11) CHAPTER. W hoever an-
nounced the Luqaa in publ ic. . . . . . . . 357
(12) CHAPTER: . . . . . . . . . . . . . . . . . . . . . . . . . 357
46 THE BOOK OF A L-
MA ZA LIM........................ 359
(1) CHAPTER. Retal iation (on the
Day of Judgement). . . . . . . . . . . . . . . . . . . . . . 359
Al l ah . . . . . . . No doubt! The curse
of Al l ah is on the Zali mun. " . . . . . . . . . 360
(3) CHAFFER. A Musl im shoul d
notoppress another Musl im. . . . . . . . . . 361
(4) CHAPTER. Hel p your
brother. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361
(5) CHAFFER. To hel p the op-
pressed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362
(6) CHAPTER. To retal iate upon
an oppressor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363
(7) CHAFFER. Forgiveness granted
by the oppressed person. . . . . . . . . . . . . . . 363
(8) CHAFFER. A z-Zulm (oppres-
sion) wil l be a darkness. . . . . . . . . . . . . . . . 364
(9) CHAFFER. The curse of the
oppressed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364
(10) CHAPTER. If the oppressed
one forgives the oppressor. . . . . . . . . . . . 364
(11) CHAPTER. If the oppressed
person forgives the oppressor, he
has no rightto back out. . . . . . . . . . . . . . . 365
(12) CHAPTER. If a person al l ows
another to have his right. . . . . . . . . . . . . . . 365
II
16
(13) CHAPTER. The sin of him who
usurps the l and of others. . . . . . . . . . . . . . 366
(14) CHAPTER. If somebody al l ows
another to do something. . . . . . . . . . . . . . . 367
(15)CHAPTER. The Statementof
Al l ah i: "Yethe is the most
quarrel some of the opponents. . . . . . . 368
<) CHAPTER. The sin of a man
woo quarrel s unjustl y. . . . . . . . . . . . . . . . . . . 368
(17) CHAPTER. The person who
behaves impudentl y . . . . . . . . . . . . . . . . . . . . . 369
(18) CHAPTER. The retal iation of
the oppressed person . . . . . . . . . . . . . . . . . . . 369
(19) CHAPTER. Aboutsheds. . . . . . . 370
(20) CHAPTER. Notto preventa
neighbour from fixing a peg. . . . . . . . . . 371
(21) CHAFFER. Spil l ing wine on
theway. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371
(22) CHAPTER. Open courtyards
of houses and sitting on the ways. . . 372
(23) CHAFFER. The digging of
wel l s on the ways. . . . . . . . . . . . . . . . . . . . . . . . . 372
(24) CHAFFER. To remove harm-
ful things from the roads . . . . . . . . . . . . . . 373
(25) CHAFFER. Looking or not
l ooking upon other houses. . . . . . . . . . . . 373
(26) CHAFFER. W hoever tied his
camel atthe gate of the mosque. . . . 378
(27) CHAFFER. Standing and ur-
inating atthe dumps. . . . . . . . . . . . . . . . . . . . 379
P28) CHAFFER. Removing a thing
from the way which harms the
peopl e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379
(29) CHAFFER. W hen there is a
dispute abouta publ ic way. . . . . . . . . . . . 379
(30) CHAPTER. Robbing away
somebody's property publ icl y. . . . . . . . . 380
(31) CHAPTER. The breaking of
the cross and the kil l ing of the pigs. 381
(32) CHAFFER. To break the pots
containing wine. . . . . . . . . . . . . . . . . . . . . . . . . . . 381
(33) CHAFFER. One who fights to
protecthis property . . . . . . . . . . . . . . . . . . . . . 382
(34) CHAFFER. If a person breaks
something bel onging to somebody. . 383
(35) CHAFFER. If one pul l s down a
wal l , shoul d buil d a simil ar one in its
pl ace. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383
47 THE BOOK OF
PARTNERSHIP. . . . . . . . . . . . . . . . 385
(1) CHAPTER. About(sharing)
meal s and the Na/i d and 'Urud...... 385
(2) CHAPTER. Partners possessing
jointproperty have to pay its Zakat
equal l y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387
(3) CHAFFER. Division of sheep. . 387
(4) CHAFFER. A partner shoul d
noteattwo dates ata time . . . . . . . . . . . 388
(5) CHAPTER. To geta joint
property eval uated with a price. . . . . . 389
(6) CHAFFER. Can one draw l ots
for divisions and shares? . . . . . . . . . . . . . . . 390
(7) CHAFFER. The partnership of
orphans and other inheritors. . . . . . . . . 390
(8) CHAFFER. Sharing l and, etc. . . 392
(9) CHAFFER. If partners divide
the houses, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392
(10) CHAFFER. Sharing gol d, sil ver
and other articl es . . . . . . . . . . . . . . . . . . . . . . . . 392
(11) CHAFFER. Partnership with a
Q/i i mmi
in share-cropping . . . . . . . . . . . . 393
(12) CHAPTER. Distribution of
sheep and dividing them justl y. . . . . . . 393
(13) CHAFFER. The sharing of
food, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393
(14) CHAPTER. Sharing the
sl aves. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394
(15) CHAFFER. Sharing the Hady
and Budn................................... 395
(16) CHAFFER. Ten sheep as equal
to one camel in distribution. . . . . . . . . . 396
48 THE BOOK OF
MORTGAGING IN
PLACES OCCUPIED BY
SETTLED POPULATION. 398
Al l ah "And if you are on a
journey and cannotfind a scribe,
then l etthere be a pl edge taken. . . " 398
(2) CHAPTER. Mortgaging an
armour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398
(3) CHAPTER. Mortgaging the
arms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398
CONTENTS OF VOLUME THREE 17
(4) CHAPTER. To mortgage an
animal used for riding or mil king. . . 399
(5) CHAPTER. Mortgaging things
to Jews and others. . . . . . . . . . . . . . . . . . . . . . . 400
(6) CHAPTER. Dispute between
the mortgagor and mortgagee . . . . . . . 400
49 THE BOOK OF
MANUMISSION (OF
SLAVES) . . . . . . . . . . . . . . . . . . . . . . . . . . 402
(1) CHAPTER. The manumission
and its superiority . . . . . . . . . . . . . . . . . . . . . . . 402
(2) CHAFFER. W hatis the best
kind of manumission (of sl aves)? . . . 402
(3) CHAPTER. Manumitting sl aves
atthe time of ecl ipses. . . . . . . . . . . . . . . . . . 403
(4) CHAPTER. If one manumits a
mal e sl ave owned by two persons. . . 403
(5)CHAFFER. W hoever manumits
his portion of a common sl ave. . . . . . . 405
(6) CHAPTER. Manumission and
divorce by mistake or forgetful ness. 406
(7) CHAFFER. The witness for
manumission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407
(8) CHAPTER. Umm A l-Walad..... 408
(9) CHAPTER. The sel l ing of a
Mud.abbar. ................................. 409
(10) CHAPTER. The Wal' of a
manumitted sl ave. . . . . . . . . . . . . . . . . . . . . . . . 410
(11) CHAFFER. If the brother or
the uncl e of somebody was taken as
to ransom a Mushri k.................... 410
(12) CHAFFER. Manumission of a
Mushri k ..................................... 411
(13) CHAPTER. W hover possessed
Arab sl aves. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412
him who teaches his sl ave-girl good
manners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415
(15) CHAPTER. "Sl aves are your
brothers, so feed them with the l ike
of whatyou eat. " . . . . . . . . . . . . . . . . . . . . . . . . 415
(16) CHAFFER. A sl ave who wor-
ships his Lord and he is al so honest
and faithful to his master. . . . . . . . . . . . . . 416
(17) CHAFFER. Itis disl iked to
l ook down upon a sl ave. . . . . . . . . . . . . . . . 417
(18) CHAPTER. W hen your servant
brings your meal to you? . . . . . . . . . . . . . . 420
(19) CHAPTER. The sl ave is a
guardian of the property of his
master. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420
(20) CHAPTER. If somebody beats
a sl ave, he shoul d avoid his face. . . . 421
50 THE BOOK OF
A L-MUKA TA B .................. 422
CHAPTER. The sin of one who
fal sel y accuses his sl ave of il l egal
sexual intercourse. . . . . . . . . . . . . . . . . . . . . . . . 422
(1) CHAPTER. A 1-Mukatab and
paymentof his price by instal l ment. 422
(2) CHAPTER. W riting of emanci-
pation and conditions. . . . . . . . . . . . . . . . . . . 423
(3) CHAPTER. A l-Muktabi s per-
mitted to ask others to hel p him. . . . 424
(4) CHAPTER. The sel l ing of a
Muktab on his agreement. . . . . . . . . . . . 425
(5) CHAPTER. If a Mukatab sl ave
asks somebody to buy and free him. 426
51 THE BOOK OF GIFTS
AND THE SUPERIORITY
OF GIVING GIFTS . . . . . . . . . . 428
(1) CHAPTER. Superiority of giving
gifts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428
(2) CHAPTER. Giving a l ittl e gift. 428
(3) CHAPTER. W hoever asks his
friends to granthim a gift. . . . . . . . . . . . . 429
(4) CHAPTER. W hoever asks
others to give him water. . . . . . . . . . . . . . . 430
(5)CHAPTER. The giftof game. . . 431
(6) CHAPTER. Accepting a gift. . . . 431
(7) CHAFFER. Accepting a gift. . . . 432
(8) CHAFFER. Chosing the to give
agift. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
(9) CHAFFER. Giftshoul d notbe
rejected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 436
(10) CHAFFER. To give as a gift,
something notpresent. . . . . . . . . . . . . . . . . . 437
(11) CHAFFER. Compensation for
a gift. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 437
(12) CHAPTER. Giving gifts to
one's sons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 438
CONTENTS OF VOLUME THREE 41JW I 18
(13) CHAFFER. The witnesses for
thegifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 438
(14) CHAPTER. Giving gifts by a
husband to his wife, and by a wife to
her husband . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439
(15) CHAFFER. A woman giving
gifts to someone other than hus-
band. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440
(16) CHAFFER. W ho is to be given
the giftfirst? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 442
(17) CHAFFER. W hoever refused
to accepta present. . . . . . . . . . . . . . . . . . . . . . 443
(18) CHAPTER. If somebody gives
another a presentand dies before
the giftreaches the other person. . . . 444
(19) CHAPTER. To take over the
sl ave and property (given as gift) . . . 444
(20) CHAFFER. The receiver tak-
ing the giftinto his possession. . . . . . . 445
(21) CHAFFER. If a creditor gives
the debt, due to him, as a gift. . . . . . . 446
(22) CHAFFER. The giving of a gift
by one person to a group. . . . . . . . . . . . . . 447
(23) CHAPTER. The received,
urreceived, divided and undivided
gil l s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
(24) CHAPTER. If a group of
persons gives a giftto some peopl e. 449
(25) CHAPTER. W hosoever is
given a giftwhil e some peopl e are
sitting with him, he onl y has the right
to have it. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450
(26) CHAFFER. If someone gives a
camel as a giftto a man riding it. . . 451
(27) CHAFFER. A giftof cl othes,
wearing of which is disl iked. . . . . . . . . . . 451
(28) CHAFFER. The acceptance of
presents from
A 1-Mushri kn.......... 453
(29) CHAFFER. Giving presents to
A 1-Mushri kun.............................. 454
(30) CHAFFER. Notto take back
presents or
Sadaqa ...................... 455
(3 1) CHAPTER .......................... 456
(32) CHAFFER. 'Umra and Ruqba. 457
(33) CHAFFER. Borrowing a horse
from some peopl e. . . . . . . . . . . . . . . . . . . . . . . . 458
(34) CHAFFER. To borrow some-
thing for the bride . . . . . . . . . . . . . . . . . . . . . . . 458
(35) CHAFFER. The superiority of
the Mani ha. ............................... 458
(36) CHAFFER. Itis permissibl e if
somebody says, "I give this sl ave-girl
to you for your service . . . . . . . . . . . . . . . . . 461
(37) CHAFFER. If somebody gives
another person a horse (as a gift). . 462
52 THE BOOK OF
W H'NESSES . . . . . . . . . . . . . . . . . . . . . 463
(1) CHAPTER. The pl aintiff has to
produce a proof . . . . . . . . . . . . . . . . . . . . . . . . . . 463
(2) CHAPTER. If a person attests
the honourabl e record of a
witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 463
(3) CHAFFER. The witness of an
eavesdropper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 464
(4) CHAFFER. W hen a witness or
witnesses give an evidence . . . . . . . . . . . . 465
(5)CHAFFER. The justwitnesses. 466
(6) CHAPTER. How many wit-
nesses are sufficientto attest. . . . . . . . . 467
(7) CHAPTER. To give witness
concerning l ineage, foster suckl ing
rel ations and dead persons. . . . . . . . . . . . 468
(8) CHAPTER. The witness of a
person fal sel y accusing somebody of
il l egal sexual intercourse and the
witness of a thief or an adul terer. . . 470
(9) CHAPTER. Do notbe a witness
for injustice, if asked for that. . . . . . . . 472
(10) CHAFFER. Fal se witness . . . . . . 473
(11) CHAPTER. The witness of a
bl ind man, his marriage, his affairs. 475
(12) CHAPTER. The witness of
women. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477
(13) CHAFFER. The witness of
mal e and femal e sl aves. . . . . . . . . . . . . . . . . 477
(14) CHAFFER. The witness of a
wetnurse. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 478
(15)CHAFFER. The women attest-
ing each other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 478
(16) CHAPTER. If onl y one man
attests the conductof another . . . . . . . 485
(17) CHAPTER. One shoul d say
onl y whathe knows . . . . . . . . . . . . . . . . . . . . . 486
(18) CHAPTER. The boys attaining
the age of puberty and their witness. 486
CONTENTS OF VOLUME THREE 19
(19) CHAFFER. The question of
the judge to the pl aintiff, "Have you
a proof? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 488
(20) CHAPTER. The defendant
musttake an oath. . . . . . . . . . . . . . . . . . . . . . . . 488
(21) CHAPTER. If someone cl aims
something or accuses somebody he
shoul d be given respite to get
evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 490
(22) CHAFFER. The taking of an
oath after the 'A sr prayer. . . . . . . . . . . . . 490
(23) CHAPTER. The defendanthas
to take an oath wherever itbecomes
l egal l y compul sory. . . . . . . . . . . . . . . . . . . . . . . 491
(24) CHAPTER. If (some peopl e
have to take an oath) and each of
them wants to take itfirst. . . . . . . . . . . . . 492
Al l ah "Veril y, those who
purchase a smal l gain atthe costof
Al l ah's Covenantand their oaths,
they shal l have no portion in the
Hereafter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 492
(26) CHAPTER. How to swear? . . . 493
(27) CHAPTER. The proof after
(the defendant) has taken the oath. 494
(28) CHAPTER. W hoever sees that
promises shoul d be ful fil l ed. . . . . . . . . . . 495
(29) CHAPTER. A 1-Mushri kn
shoul d notbe asked to give
witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 497
(30) CHAPTER. Drawing l ots to
sol ve probl ems. . . . . . . . . . . . . . . . . . . . . . . . . . . . 498
53 THE BOOK OF
PEACEMAKING. . . . . . . . . . . . . . 501
(1) CHAPTER. W hathas been said
regarding (re)concil iation between
the peopl e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 501
(2) CHAPTER. He who makes
peace between the peopl e is nota
l iar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503
(3) CHAFFER. "Letus go to bring
abouta (re)concil iation . . . . . . . . . . . . . . . . . 503
Al l ah J. -. , : ". . . If they make terms
of peace between themsel ves;and
making peace is better. . ." . . . . . . . . . . . . 504
(5)CHAPTER. If some peopl e are
(re)concil ed on il l egal basis, their
reconcil iation is rejected. . . . . . . . . . . . . . . 504
(6) CHAPTER. How to write
(re)concil iation9 . . . . . . . . . . . . . . . . . . . . . . . . . . 505
(7) CHAPTER. To make peace with
A 1-Mushri kfi n.............................. 507
(8) CHAFFER. Agreementabout
Di ya (bl ood money). . . . . . . . . . . . . . . . . . . . . 509
(9) CHAPTER. "This son of mine is
Sayi d........................................
.
509
(10) CHAPTER. Shoul d the Imam
suggestreconcil iation? . . . . . . . . . . . . . . . . . 511
making peace and establ ishing jus-
tice among the peopl e. . . . . . . . . . . . . . . . . . 512
(12) CHAPTER. If the Imam (i. e. ,
rul er) suggests a (re)concil iation. . . . 512
(13) CHAPTER. Reconcil iation be-
tween the creditors and between the
inheritors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513
(14) CHAPTER. Reconcil iation in
case of dispute concerning debts. . . . 514
54 THE BOOK OF
CONDITIONS. . . . . . . . . . . . . . . . . . 516
(1) CHAPTER. The conditions
permissibl e on embracing Isl am,
and in contracts and transactions. . . 516
(2) CHAPTER. The sal e of pol l i-
nated date-pal ms . . . . . . . . . . . . . . . . . . . . . . . . . 518
(3) CHAPTER. The conditions of
sel l ing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 518
(4) CHAPTER. Itis permissibl e for
the sel l er to ride the (sol d) animal
up to a certain pl ace. . . . . . . . . . . . . . . . . . . . 519
(5) CHAPTER. Conditions in con-
tracts (of share-cropping etc. ). . . . . . . . 520
(6) CHAPTER. The terms and the
conditions of Mahr...................... 521
(7) CHAPTER. The conditions in
share-cropping . . . . . . . . . . . . . . . . . . . . . . . . . . . . 521
(8) CHAPTER. The conditions not
permissibl e in marriage contracts. . . 522
(9) CHAPTER. The conditions not
permissibl e in l egal punishments. . . . 522
CONTENTS OF VOLUME THREE JW I 20
(10) CHAPTER. The conditions
permissibl e in the case of a sl ave
who has a writing for emancipation. 523
(11) CHAPTER. Conditions con-
cerning divorce . . . . . . . . . . . . . . . . . . . . . . . . . . . 524
(12) CHAPTER. Verbal conditions
with the peopl e. . . . . . . . . . . . . . . . . . . . . . . . . . . 524
(13) CHAPTER. Conditions for
Wala'. ....................................... 525
(14) CHAPTER. If the l andl ord
stipul ates thathe woul d terminate
the contractwhenever he l ikes. . . . . . . 526
(1) CHAPTER. The conditions of
J i had and peace treaties. . . . . . . . . . . . . . . 527
(16) CHAPTER. Conditions in
l oans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 538
(17) CHAPTER. A 1-Mukatab condi-
tions which contradictAl l ah's
Laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 538
(18) CHAPTER. W hatkinds of
conditions are permissibl e;and
whatis exempted from the
decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 539
(19) CHAPTER. Conditions in
WaqJ (i. e. , rel igious endowment). . 540
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26- THE BOOK OFAL-'UMRA

oJ.Aa.H 6ja - r'.

(1) CHAPTER. The obligation of performing
'Umrah and its superiority.
Ibn 'Umar L4i said, "Hajj and
'Umra are obl igatory for everybody." And
Ibn 'Abbas t. 41 said, " 'Umra is
mentioned in conjunction with Ijajj in the
Book of Al l ah J, :'And perform properl y
(i. e. , al l the ceremonies according to the
ways of ProphetMuhammad )Hajj and
'Umra for Al l ah. '"(V. 2:196)
1773. Narrated Abl i Hurairah
Al l ah's Messenger

said, "(The
performance of) 'Umra is an expiation for
the sins committed between itand the
previous one. And the reward of A l-Ijajj A l-
Mabrr (the one accepted by Al l ah) is
nothing butParadise. "
(2) CHAPTER. The performance of 'Umra
before ,ft.
1774. Narrated Ibn Juraij: 'Ikrima bin
Khl id asked Ibn 'Umar Li ii ;about
performing 'Umra before Hajj. Ibn 'Umar
repl ied, "There is no harm in it." 'Ikrima
said, "Ibn 'Umar al so said, 'The ProphetjW
had performed 'Umra before performing
Hajj.'"
Narrated 'Ikrima bin Khl id: "I asked Ibn
'Umar the same (as above) . "
26- THE BOOK OFAL..'UMRA itya - 22
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(3) CHAPTER. How many times did the
Prophet perform 'Umra?
1775. Narrated Mujahid: 'Urwa bin Az-
Zubair and I entered the mosque and saw
'Abdul l h bin 'Umar L4: i sitting near
the dwel l ing pl ace of 'Aishah and some
peopl e were offering the a1at-u1-uha
(Iufi a prayer). W e asked him abouttheir
ai t and he repl ied thatitwas a heresy. He
('Urwa) then asked him how many times the
ProphetjW had performed 'Umra. He
repl ied, "Four times;one of them was in
the month of Rajab. " W e disl iked to
contradicthim.
1776. Then we heard 'Aishah . (ii
the Mother of faithful bel ievers cl eaning her
teeth with Si wak in the dwel l ing pl ace. 'Urwa
said, "0 Mother! 0 Mother of the bel ievers!
Don'tyou hear whatAbU 'Abdur
Rabman
is
saying?" She said, "W hatdoes he say?"
'Urwa said, "He says thatAl l ah's Messenger
ji i g performed 'Umra four times and one of
them was in the month of Rajab. " 'Aishah
said, "May Al l ah be Merciful to AbU 'Abdur
RaimAn! The Prophet;did notperform
any 'Umra exceptthathe was with him, and
he never performed any 'Umra in Rajab."
1777. Narrated 'Urwa bin Az-Zubair: I
asked 'Aishah LL (whether the
26-THE BOOK OFA L-'UMRA - fl
M
Prophethad performed 'Umra in Rajab).
She repl ied, "Al l ah's Messenger never
performed any 'Umra in Rajab. "
1778. Narrated Qatada : I asked Anas
i: How many times the Prophet

had
performed 'Umra. He repl ied, "Four times:
1. 'Umra of Hudai bi ya in Dhil -Qa'da when
the Mushri kunhindered him;2. 'Umra in the
fol l owing year in Dhil -Qa'da after the peace
treaty with them (the Mushri kun); 3. 'Umra
from A]-Ji'rana where he distributed the war
booty. " I think he meantthe booty (of the
battl e) of Ijunain. 4. 'Umra al ong with his
Ijaff (Hajjat-ul-Wada)I asked, "How many
times did he perform Hajj?" He (Anas)
repl ied, "Once. "
1779. Narrated Qatada : I asked Anas e,
(aboutthe Prophet's 'Umra) and he
repl ied, "The Prophetjperformed 'Umra
when the Mushri kun made him return, and
'Umra of A 1-Hudai bi ya (the nextyear), and
another 'Umra in Dhil -Qa'da, and another
'Umra in combination with his Hajj."
1780. Narrated Hammam: (Qatada said:
Anas said): The ProphetjW , performed four
'Umra (three) in Dhil -Qa'da exceptthe (one)
'Umra which he performed with his J J ajj: His
'Umra from A l-Hudai bi ya, and the one of the
fol l owing year, and the one from Al -Ji'rana
where he distributed the booty (of the battl e) of
Hunain, and another 'Umra al ong with his Hajj.
ij4AII ya
-
24
1781. Narrated Abu Ishaq: I asked
Masruq, 'Ata' and Mujahid (aboutthe
'Umra of Al l ah's Messenger They said,
"Al l ah's Messenger had performed 'Umra
in Dhil -Qa'da before he performed Iajj."I
heard A1-Bard' bin 'Azib t4. s i saying,
"Al l ah's Messenger
4
had performed 'Umra
in Dhil -Qa'da twice before he performed
I':D . "
(4) CHAPTER. 'Umra in (the month of)
Ramadn.
1782. Narrated 'Ata': I heard Ibn 'Abbas
i - saying, "Al l ah's Messenger asked
an A nsari woman (Ibn 'Abbas named her but
'A;a' forgother name), 'W hatprevented you
from performing Hajj with us?' She repl ied,
'W e have a camel and the father of so-and-so
and his son (i. e. , her husband and her son)
rode itand l eftone camel for us to use for
irrigation. ' He

said (to her), 'Perform
'Umra when Ramadan comes, for 'Umra in
Ramadan is equal to Ijajj (in reward),' or
said something simil ar."
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26-THE BOOK OF A L-'UMRA
- 25
(5) CHAPTER. The performance of 'Umra on
the night of Hasba (the night of departure from
Mina) after finishing Hajj and on other nights.
1783. Narrated 'Aishah u e: W e
setoutal ong with Al l ah's Messenger
shortl y before the appearance of the new
moon (crescent) of the month of Dhil -ijjah
and he said to us, "W hoever wants to assume
Ihrm for Hajj may do so;and whoever wants
to assume Ihram for 'Umra may do so.
Hadn'tI broughtthe Hady (animal for
sacrific) (with me), I woul d have assumed
Ihram for 'Umra." ('Aishah added,): So
some of us assumed Ihram for 'Umra whil e
the others for Hajj. I was amongstthose who
assumed Ihram for 'Umra. The day of 'A rafat
approached and I was stil l menstruating. I
compl ained to the ProphetkJ (aboutthat)
and he said, "Abandon your 'Umra, undo
and comb your hair, and assume Ihram for
Iajj." W hen itwas the nightof Hasba, he
sent'Abdur Rahmn with me to At-Tan'im
and I assumed Ihram for 'Umra (and
performed it) in l ieu of my missed 'Umra.
(6) CHAPTER. 'Umra from At-Tan'im.
1784. Narrated 'Amr bin Afis: 'Abdur
Rahman bin 'AbU Bakr L41 tol d me
thatthe Prophetj# had ordered him to l et
'Aishah ride behind him and to make her
perform 'Umra from At-Tan'im.
26- THE BOOK OFAL-'UMRA ij l 6
.
J a -
II
26
1785. Narrated Jbir bin 'Abdul l ah ; _LZ. J
'VAO
The Prophet0, and his Companions -'
assumed Ihram for Hajj and none exceptthe -.
Prophetand Tal ba had the Hady with
them. 'Al i had come from Yemen and he had
l ,-
:
'I the Hady with him. He ('Al i) said, have
-. - -
assumed Ihram with an intention l ike thatof j. J 1 31Li
Al l ah's Messenger . The Prophet . ... - - - - -
ordered his Companions to intend the Ihrarn

with which they had come for 'Umra, i. e. , to
3j
perform the
Tawaf
of the Ka'bah [and Sa
5' . - - - - --
- - -
4
&a4j
L'r
(going) between
A-Safa
and A]-Marwa], to
gettheir hair cutshortand then to finish their L. L. Ll :
J
.i
Ihrarnwith the exception of those who had the ,
'
L)IJ
"Shal l Had)' with them. They asked, we go to
Mina and the private organs of some of us are L
dribbl ing (if we finish Ihram and have sexual . - - - - -
L4
rel ations with our wives)?" The Prophet4t
heard thatand said, "Had I known formerl y U. . - jPS a:I 'Li
whatI know now, I woul d nothave brought .
L
C
the Hady. If I did nothave the Hadywith me I
woul d have finished my Ihram . " 'Aishah got U L,Il U
her menses and performed al l the ceremonies
(of )Iajj) exceptthe Tawaf. So when she

became cl ean from her menses, and she had ii
31
.
performed the Tawaf of the Ka'bah, she said, i. ,. .
"0 Al l ah's Messenger! You (peopl e) are - - -- - - -
returning with Hajj and 'Umra and I am LIi :J . 4JL Li l
returning onl y with J jajj!" So, he ordered
'
3
'Abdur Rabman bin 'Ab Bakr to go with her
to At-Tan'im. Thus she performed 'Umra Uj4ji$. . _UL
after the Hajj in the month of Dhil -Hijjah. - . ------. -
j
Suraqa bin Mal ik bin Ju'sham metthe Prophet
at jey A 1-'A qaba (J amrat-ul- A qaba)whil e the ,il ,3 l .
3
l atter was stoning itand said, "0 Al l ah's .. - - -
Messenger! Is this permissibl e onl y for you?" - - -
_
-
- L.
The Propheti J repl ied, "No, itis for ever 1 LUU
3.
iI
3
(i. e. , itis permissibl e for al l Musl ims to - _- - _-- -
: J Ui
perform 'Umra before
Ha]j."W
(1) (H. 1785) This may al so mean thatthe performance of 'Umra during the months of Hajj
was permissibl e, contrary to whatthe pagans of the Pre-Isl mic Period bel ieved. (Fath
A l-Bad)
26 THE BOOK OF A L-'UMRA - 27
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(7) CHAPTER. The performance of 'Umra
after performing Hajj without having a Hady.
1786. Narrated 'Aishah
I
W e
setoutwith Al l ah's Messenger
;
shortl y
before the appearance of the new moon of
Dhil -ijjah and he said, "W hoever wants to
assume Ihram for 'Umra may do so, and
whoever wants to assume Ihrm for Ijajj may
do so. Had notI broughtthe Hadywith me, I
woul d have assumed Ihram for 'Umra."
Some of the peopl e assumed Ihram for
'Umra whil e others for J jajj. I was amongst
those who had assumed Ihram for 'Umra. I
gotmy menses before entering Makkah, and
was menstruating til l the day of 'A rafat. I
compl ained to Al l ah's Messenger jW aboutit,
he said, "Abandon your 'Umra, undo and
comb your hair, and assume Ihram for Hajj ."
So, I did thataccordingl y. W hen itwas the
nightof Ijasba (day of departure from
Mina), the Prophetsent'Abdur Rabman
with me to At-Tan'im.
The subnarrator adds: He ('Abdur-
Rahman) l ether ride behind him.
And she assumed Ihram for 'Umra in l ieu
of the abandoned one. 'Aishah compl eted
her 1-Iajj and 'Umra, and no Hady, Sadaqa
(charity), or fasting was obl igatory for her.
(8) CHAPTER. The reward of 'Umra is
according to the hardship which one
encounters in performing it.
1787. Narrated Al -Aswad that'Aishah
said, "0 Al l ah's Messenger! The
26-- THE BOOK OFAL-'UMRA 6JLI - 1 28
peopl e are returning after performing the
two Nusuk (i. e. , Hajj and 'Umra)butI am
returning with one onl y?" He said, "W aittil l
you become cl ean from your menses and then
go to At-Tan'im, assume Ihram (and after
performing 'Umra)join us atsuch and such a
pl ace. Butit(i. e. , the reward of 'Umra)is
according to your expenses or the hardship
(which you encounter whil e performing it) . "
(9) CHAPTER. If a person performing
'Urnra departs after performing the
Tawaf
of Umra, will that Tawaf substitute for
Tawaf-al-Wada' as wel l ?
1788. Narrated 'Aishah : W e
setoutassuming the Ihram for Hajj in the
months of Ijajj towards the sacred precincts
of Haff. W e dismounted atSarif and the
Prophetsaid to his Companions,
"W hoever has notgotthe Hady with him
and l ikes to make itas 'Umra, he shoul d do
it, buthe who has gotthe Hady with him
shoul d notdo it." The Prophet and some
of his weal thy Companions had the Hadywith
them, so they did notfinish Ihram after
performing the 'Umra. The Prophetcame
to me whil e I was weeping. He asked me the
reason for it. I repl ied, "I have heard of what
you have said to your Companions and I
cannotdo the 'Umra."He asked me, "W hat
is the matter with you?" I repl ied, "I am not
offering prayers."(') He said, "There is no
harm in itas you are one of the daughters of
Adam and the same is written for you as for
others. So, you shoul d perform Ijajj and I
(1) (1-1. 1788) This expression is an indirectway to say: "I have gotmenses and thus I
cannotperform my prayers. Consequentl y, I cannotperform the ceremonies of
'Umra."
26THE BOOK OFAL-'UMRA at - fl
pi l
hope thatAl l ah wil l enabl e you to perform
the 'Umra as wel l . " So, I carried on til l we
departed from Mind and hal ted atAl -
Mul iaab. The Propheta cal l ed 'Abdur-
Rahmn and said, "Go outof the sanctuary
with your sister and l ether assume Izram for
'Umra, and after both of you have finished
the Tawaf I wil l be waiting for you atthis
pl ace." W e came back atmid-nightand the
Prophet
;
asked us, "Have you finished?" I
repl ied in the affirmative. He announced the
departure and the peopl e setoutfor the
journey and some of them had performed the
Tawaf of the Ka'bah before the morning
prayer, and after thatthe Prophetsetout
for Al -Madina.
(10) CHAPTER. A person should perform
(the same ceremonies) in 'Umra, as he
performs in Hajj.
1789. Narrated Saiwan bin Ya'l bin
Umaiyya thathis father said, "A man came
to the Prophetwhil e he was atJi'rana. The
man was wearing a cl oak which had traces of
Iflaluq of Sufra (a kind of perfume). The
man asked (the Prophet), 'W hatdo you
order me to perform in my 'Umra?' So, Al l ah
inspired the ProphetDivinel y and he was
screened by a piece of cl oth. I wished to see
the Prophetbeing Divinel y inspired.
'Umar said to me, 'Come! W il l
you be pl eased to l ook atthe Prophet
whil e Al l ah is inspiring him?' I repl ied in the
affirmative. 'Umar l ifted one corner of the
cl oth and I l ooked atthe Prophetwho was
snoring. W hen thatstate was over, the
Prophetasked, "W here is the questioner
who asked about'Umra? Putoff your cl oak
and wash away the traces of
I0i aluq
from
your body and cl ean the Sufra (yel l ow col our)
26- THE BOOK OFAL-'UMRA &s,tI6ja - 30
and perform in your 'Umra whatyou perform
in your Hail [i. e. , the
Tawaf
round the
Ka'bah and the S5, (going) between A-
$afa and Al -Marwa] . "
1790. Narrated 'Urwa: W hil e I was a
youngster, I asked 'Aishah , the
wife of the ProphetQg. "W hataboutthe
meaning of the Statementof Al l ah jw
'Veril y!
A-Safa
and Al -Marwa (two
mountains in Makkah), are of the Symbol s
of Al l ah. So itis nota sin on him who
perrms
Hai l or 'Umra of the House (Ka'bah
atMakkah) to perform the Tawaf [Sa
5'
(going)] between them?' (V. 2:158) I
understand (from that) thatthere is no sin
if somebody does notperform the
Tawaf
between them. " 'Aishah repl ied, "No, for if
itwere as you are saying, then the recitation
woul d have been l ike this: 'Itis notsinful not
to perform Tawaf between them. ' This Verse
was reveal ed in connection with the A nsr
who used to assume the Ihram for the idol
Mantwhich was putbeside a pl ace cal l ed
Qud aid and those peopl e thoughtitnotright
to perform the
Tawaf
of A-af and A]-
Marva. W hen Isl am came, they asked
Al l ah's Messenger Qtaboutthat, and Al l ah
reveal ed:
'Veril y!
A-Safa
and Al -Marwa (two
mountains in Makkah) are of the Symbol s
of Al l ah. '
So, itis nota sin on him who performs
Hail or
'Umra (pil grimage of the House
Ka'bah atMakkah) to perform
Tawaf
[Sa5'
(going)] between them. " (V. 2:158)
Sufyan and Aba Mu'awiya added:
Hishm added (from 'Aishah): "The
Hai l
26-THE BOOK OF A L..'UMRA ia - 31
or 'Umra of the person who does notperform
the
Tawaf
between As-Safa and Al -Marwa is
incompl ete before Al l ah."
(11) CHAPTER. W hen should a person
performing 'Umra finish his Ihram?
Jbir said, "The Prophet
ordered his Companions to perform 'Umra
(with the I,zrm they had intended for Haj))
and to perform the
Tawaf
(of Ka'bah, A-
Safa and Al -Marwa), and then cutshorttheir
hair and finish the Ihram . "
1791. Narrated Ism'il : 'Abdul l h bin
Ab AUfa L. 4L i said: "Al l ah's
Messenger performed 'Umra and we too
performed 'Umra al ong with him. W hen he
entered Makkah he performed the Tawaf
(of
Ka'bah) and we too performed ital ong with
him, and then he came to the As-Safa and
Al -Marwa (i. e. , performed the Sa y)and we
al so came to them al ong with him. W e were
shiel ding him from the peopl e of Makkah l est
they may hithim with an arrow."
A friend of his asked him (i. e. , 'Abdul l h
bin AUfa), "Did the Prophetenter the
Ka'bah (during that'Umra)?" He repl ied in
the negative.
1792. Then he said, "W hatdid he (the
Prophet) say aboutKhadija?" He
('Abdul l h bin AUfa) said, "(He said) 'Give
Khadija the good tidings thatshe wil l have a
pal ace made of Qasab' in Paradise and
there wil l be neither noise nor any toil
(fatigue troubl e etc. ) in it. '"
1793. Narrated 'Amr bin Dinr: W e
asked Ibn 'Umar L. 4i whether a
man who had performed the Tawaf
of the
Ka'bah buthad notperformed the Tawaf
[Sa'y (going)] between A-5afa and Al -
L-
l.iL;;. -
:Ji
j-
Jj

(1)(H.1792)Qasab: An Arabic word meaning pipes made of gol d or pearl s and other
precious stones.
26- THE BOOK OFAL..'UMRA
- fl 32
Marwa yet, was permitted to have sexual
rel ation with his wife. He repl ied, "The
Prophettjarrived (atMakkah) and
circumambul ated the Ka'bah seven times
and then offered two-Rak'a prayer behind
Maqam Ibrahi m and then performed the
Tawaf
(going) between A-af and Al -
Marwa seven times. And veril y, in Al l ah's
Messenger you have a good exampl e to
fol l ow".
1794. And we asked Jabir bin 'Abdul l Ah
L41 (the same question) and he
repl ie. "He shoul d notgo near her til l he
has finished the Tawaf (going) between s-
Safa and Al -Marwa
1795. Narrated AbU MUs Al -Ash' an
: I came to the ProphetatAl -Batba'
whil e his camel was kneel ing down and he
asked me, "Have you intended to perform
the
Uajj?
"I repl ied in the affirmative. He
asked me, "W ith whatintention have you
assumed Lfzram?"I repl ied, "I have assumed
Ihri nwith the same intention as thatof the
Prophet* . " He said, "You have done wel l .
Perform the
Tawaf of the Ka'bah and (the
Sa5i )
between As-Saf and Al -Marwa and
then finish the Ihrm ."So, I performed the
Tawaf around the Ka'bah and (the S)')
between As-Saf and Al -Marwa and then
wentto a woman of the tribe of Qais who
cl eaned my head from l ice. Later I assumed
the i hram for Hajj. I used to give the verdict
of doing the same til l the cal iphate of 'Umar
who said, "If you fol l ow Al l ah's Book (the
Qur'an) then itorders you to remain in the
state of Ihram til l you finish from Hajj
,(1)
if
you fol l ow the Prophetthen he did not
Li
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(1) (H. 1795) i. e. , to notto finish the Ihram' either perform Hajj-al-Qi ran (if you have a
Ilady)or perform Hajj al one withoutthe 'Umra and thatis the opinion of 'Umar 41
onl y [See Hadi th No. 1724 and its footnote Vol . 2, SaM/i A l-Bukhari ]
26 -THE BOOK OFA L-'UMRA
PI
finish his Ihram til l the Hady (sacrifice) had
reached its pl ace of sl aughtering (Ijajj-al-
Qi ran)."
1796. Narrated Al -Aswad: 'Abdul l h the
sl ave of Asm' hintAbU Bakr L 4
tol d me thathe used to hear Asma',
whenever she passed by Al -Hajun, saying,
"May Al l ah bl ess His Messenger Muhammad
. Once we dismounted here with him, and
atthattime we were travel l ing with l ight
l uggage;we had a few riding animal s and a
l ittl e food ration. I, my sister 'Aishah, Az-
Zubair and such and such persons performed
'Umra, and when we had passed our hands
over the Ka'bah (i. e. , performed
Tawaf
round the Ka'bah and between As-Saf and
Al -Marwa) we finished our Ihram. Later on
we assumed Ihram for Hajj the same
evening."
(12) CHAPTER. W hat should one say on
returning from Hajj, 'Umra and Gljazwa.
1797. Narrated 'Abdul l h bin 'Umar a;
L4i t: W henever Al l ah's Messenger
returned from a Ghazwa , Hajj or 'Umra, he
usedto sayTakbi r (A llhu-A kbar) thrice at
every el evation of the ground and then woul d
say, La i lha i llallhuWahdah la sari /ca
lah, lahul-mulku, wa lahul-hamdu, wa Huwa
'ala kulli shaVi nQadi r. A yi ban, ta'i bun,
'abi dun, sdji dun, li rabbi na hami dn.
Sadaqal-lahuwa 'dahu, wa nasara 'abdahu,
wahazamal-ahzaba Wahdah [None has the
rightto be worshipped butAl l ah;He is One
and has no partner. Al l the kingdom is for
Him, and al l the praises are for Him, and He
is Omnipotent. W e are returning with
repentance, worshipping, prostrating, and
praising our Lord. He has keptup His
mi - ii
(j
34
Promise and made His sl ave victorious, and
He Al one defeated al l the confederates (of
disbel ievers)] . "
(13) CHAFFER. Reception of the returning
pilgrims;and the riding of three persons on
one animal.
1798. Narrated Ibn 'Abbas LI
W hen the ProphetjW arrived atMakkah,
some boys of the tribe of Ban! 'Abdul
Muttal ib wentto receive him, and the
Prophetmade one of them ride in front
of him and the other behind him.
(14) CHAPTER. Arriving in the morning.
1799. Narrated Ibn 'Umar L. 3I
W henever Al l ah's Messenger a l eftfor
Makkah, he used to offer Salat (prayer) in
the mosque of A /-/ajara, and when he
returned (to Al -Madina), he used to offer
Salat in the middl e of the val l ey of Dhul -
Uul aifa and used to pass the nightthere til l
morning.
(15) CHAPTER. Returning (home) at A l-
'Asjji(after midday till sunset).
1800. Narrated Anas Z iii a: The
Prophetnever returned to his famil y from
a journey atnight. He used to return either in
the morning or in the afternoon.
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26-THE BOOK OFAL-'UMR4
(16) CHAPTER. Not to go to one's family on
arrival at one's town, at night. [See Fath A l-
Ban]
1801. Narrated Jabir The
ProphetjW forbade going to one's famil y at
night(on arrival from a journey).
(17) CHAPTER. W hoever made his she-
camel proceed faster on reaching his town
(destination).
1802. Narrated Humaid: Anas
said, "W henever Al l ah's Messenger it
returned from a journey, he, on seeing the
high pl aces of Al -Madina, woul d make his
she-camel proceed faster;and if itwere
another animal , even then he used to make it
proceed faster. "
Narrated Humaid thatthe Prophet
used to make itproceed faster outof his l ove
for Al -Madina.
Narrated Anas as above, butmentioned
"the wal l s of Al -Madina" instead of "the high
pl aces of Al -Madina. " Al -Irl arith bin 'Umair
agrees with Anas.
(18) CHAPTER. The Saying of Allah )t..:
"...So enter houses through their proper
doors..." (V.2:189)
1803. Narrated Abu Ishaq: I heard Al -
Bard' Z it;saying, "The above Verse
was reveal ed regarding us, for the A ncar on
returning from Haf f never entered their
houses through the proper doors butfrom
behind. One of the A nsar came and entered
through the door and he was taunted for it.
Therefore, the fol l owing was reveal ed:
". . . Itis notA 1-Bi rr (piety, righteousness)
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26- THE BOOK OFAL-'UMK4
-
36
thatyou enter the houses from the back, but
A l-Bi rr (is the qual ity of one) who fears
Al l ah. So, enter houses through their proper
doors. . ." (V. 2:189)
(19) CHAPTER. Travelling is a kind of
torture.
1804. Narrated AbU Hurairah i s i
The Prophetsaid, "Travel l ing is a kind of
torture as itprevents one from eating,
drinking and sl eeping (properl y). So, when
one's needs are ful fil l ed, one shoul d return
quickl y to one's famil y. "
LZ*:
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4t4.1
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(20) CHAPTER. W hat may a traveller do if
he has to proceed fast to arrive home early?
1805. Narrated Zaid bin Asl am thathis
father said:, "I was with Ibn 'Umar 111
L4L on the way to Makkah, and he gotthe
news thatSafiyya hintAbU 'Ubaid was
seriousl y il l . So, he hastened his pace, and
when the twil ightdisappeared, he
dismounted and offered the Maghri b and
'Is}ja' prayer together. Then he said, "I saw
thatwhenever the Prophethad to hasten
when travel l ing, he woul d del ay the Maghri b
prayer and join them together (i. e. , offer the
Maghri b and the
'Is}i a' prayer together) . "
Jjij
27 THE BOOK OFAL-MUHSAR - tv
27- THE BOOK OFAL-MUHSAR"
And the Statement of Allah:
"...But if you are prevented (from
completing them), sacrifice a Hady (animal
i.e., a sheep or cow ora camel etc.) such as
you can afford, and do not shave your heads
until the Hady reaches the place of
sacrifice..." (V.2:196)
(1) CHAPTER. If one, intending to perform
'Umra, is prevented from performing it.
1806. Narrated Nfi': W hen 'Abdul l h
bin 'Umar L. ;: . e;setoutfor Makkah
intending to perform 'Umra, atthe time of
A 1-Fi tnah (trial or affl iction) 2 , he said, "If I
shoul d be prevented from reaching the
Ka'bah, then I woul d do the same as
Al l ah's Messenger
;
did, so I assume the
Ihram for 'Umra as Al l ah's Messenger
assumed the Izram for 'Umra in the year of
udaibiya . "
1807. Narrated Nfi' that'Ubaidul l ah bin
'Abdul l h and Sal im bin 'Abdul l h informed
him thatthey tol d Ibn 'Umar
when Ibn Az-Zubair was attacked by the
army saying, "There is no harm for you if you
did notperform Hajj this year. W e are afraid
thatyou may be prevented from reaching the
Ka'bah." Ibn 'Umar said. "W e setoutwith
Al l ah's Messenger and the Quraish
disbel ievers prevented us from reaching the
Ka'bah, and so the Prophetsl aughtered
his Hady and gothis head shaved. " Ibn
(1) (Ch. 27) A l-Muhsar i s a MuIri m who intends to perform Hajj or 'Umra butis prevented
from performing itbecause of some obstacl e.
(2) (H. 1806) The fighting between AI-Ijajjjand Ibn Az-Zubair.
27- THE BOOK OFAL-MUHSAR 38
'Urnar added, "I make you witness thatI
have made 'Umra obl igatory for me. And if
Al l ah wil l , I wil l go and then if the way to
Ka'bah is cl ear, I wil l perform the Tawaf, , but
if I am prevented from going to the Ka'bah
then I wil l do the same as the Prophet0, did
whil e I was in his company." Ibn 'Umar then
assumed Ihrm for 'Umra from Dhul -Hul aifa
and proceeded for a whil e and said, "The
conditions of 'Umra and Hajj are simil ar and
I make you witnesses thatI have made 'Umra
and Ijajj obl igatory for mysel f. " So, he did
notfinish the Ihram til l the day of Nahr
(sl aughtering) came, and he sl aughtered his
Hady. He used to say, "I wil l notfinish the
Ihrm til l I perform the Ta waf , one
Tawaf on
the day of entering Makkah (i. e. , one $a y of
As-Safa and Al -Marwa for both 'Umra and
J i aji )."
1808. Narrated Nfi' : Some of the sons of
'Abdul l h tol d him (i. e. , 'Abdul l h) if he had
stayed (and notperformed Ijajj thatyear).
1809. Narrated Ibn 'Abbas . 4 . 0
Al l ah's Messenger 4h was prevented from
performing ('Umra). Therefore, he shaved
his head and had sexual rel ations with his
wives and sl aughtered his Hady and
performed 'Umra in the fol l owing year.
(2) CHAPTER. One who is prevented from
performing the
Hail.
1810. Narrated Sal im: ('Abdul l h) bin LL. 1 -

'Umar u ;used to say, "Is not(the
27- THE BOOK OF AL-MUJISAR
-
El
fol l owing of) the Sunna (l egal ways) of
Al l ah's Messenger sufficientfor you? If
anyone of you is prevented from performing
IjaJ j, he shoul d perform the
Tawaf
of the
Ka'bah and [Say (going)] between A
-
Safa
and Al -Marwa and then finish the Ihrm and
everything wil l become l egal for him which
was il l egal for him (during the state of
Ii i ram); and he can perform IIajj in a
fol l owing year and he shoul d sl aughter a
Hady or observe Saum (fasting) in case he
cannotafford the Hady."
(3) CHAPTER. The slaughtering (of
Hady)
before shaving the head (in case) one is
prevented from performing (Hajj or 'Umra).
1811. Narrated Al -Miswar Z- t
Al l ah's Messenger jW sl aughtered (the Hady)
before he had his head shaved and then he
ordered his companions to do the same.
1812. Narrated Nfi' that'Abdul l h and
Sal im said to 'Abdul l Ah bin 'Umar ZI
4L, "(You shoul d notgo for J jajj this
year). " 'Abdul l h bin 'Umar repl ied, "W e
setoutwith the Prophet(to Makkah for
performing 'Umra) and the infidel s of
Quraish prevented us from reaching the
Ka'bah. Al l ah's Messenger sl aughtered
his Budn (camel s for sacrifice) and gothis
head shaved. "
LtLi. L- - A
27 - THE BOOK OF A L-MUIJS.4R
).SQ.i.411
- H
40
(4) CHAPTER. W hoever said that the
Muhsar is not supposed to perform 'Umra
or Hajj in lieu of the prevented one.
Ibn 'Abbas L4L$ Zi said, "The
performing of 1Iajj i s onl y obl igatory in l ieu
of thatI-Iajj which is abandoned because of
personal pl easure (having sexual intercourse
with his wife), and notfor thatwhich is
abandoned because some genuine excuse or
a simil ar thing (e. g. , disease or l ack of
money), then he shoul d finish his I/warn
and there is no need for him to make up for
it. And if he has a Hady with him and is
prevented from performing Ijajj, and he is
unabl e to send itto its pl ace of sl aughtering,
then he shoul d sl aughter it. Butif he can
send it, then he shoul d notfinish his Ihram
til l the Hady has reached its pl ace (i. e. , has
been sl aughtered) . " Mal ik and others said,
"He shoul d sl aughter his Hadyand have his
head shaved wherever he is and does not
have to make up for it, because the Prophet
and his companions sl aughtered the
sacrifice and had their heads shaved in Al -
udaibiya and finished their Ifram before
performing the
Tawaf
and before the Hady
reached the Ka'bah. Itis notmentioned that
the Prophetordered anybody to make up
for any of the missed ceremonies or to repeat
anything. And Al -udaibiya is outside the
boundaries of the sanctuary of Makkah."
1813. Narrated Nfi': W hen 'Abdul l ah
bin 'Umar L4i. Zi ;setoutfor Makkah
with the intention of performing 'Urnra in the
period of A l-Fi tnah (trial and affl iction), he
said, "If I shoul d be prevented from reaching
the Ka'bah, then I woul d do the same as we
did whil e in the company of Al l ah's
Messenger b."So, he assumed the Ihram
for Umra since the Prophethad assumed
the Ihram for 'Urnra in the year of A l-
Hudai bi ya. Then 'Abdul l Ah bin 'Umar
27-THE BOOK OFA L-MUHSA Rtv 41
thoughtaboutitand said, "The conditions
for both Hajj and 'Umra are simil ar. " He
then turned towards his companions and
said, "The conditions of both Ijajj and 'Umra
are simil ar and I make you witness thatI have
made the performance of Hajj obl igatory for
mysel f al ong with 'Umra." He then
performed one
Tawaf
[$a y (going) between
A-Safa and A]-Marwa] for both of them
(i. e. , Ijajj and 'Umra)and considered thatto
be sufficientfor him and offered a Hady.
(5) CHAPTER. The Statement of Allah
"...And whosoever of you is ill or has an
ailment In his scalp, (necessitating shaving),
he must pay a Fidya (ransom), of either
observing Saum (fasts) (three days), or
giving .adaqa (charity - feeding six poor
persons), or offer sacrifice (one sheep)..."
(V.2:196)
He has the option. As for fasting, it should
be for three days.
1814. Narrated 'Abdur-Rahmgn bin AbU
Lail : Ka'b bin 'Ujra i ;said that
Al l ah's Messenger said to him (Ka'b),
"Perhaps your l ice have troubl ed you?" Ka'b
repl ied, "Yes! 0 Al l ah's Messenger." Al l ah's
Messenger jW , said, "Have your head shaved
and then either fastthree days, or feed six
poor persons or sl aughter one sheep as a
sacrifice."
:4jiLa(o)
-
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oy.Y' o11
(6) CHAPTER. The Saying of Allah )L:
;1* :J at_s (O
". . . Or giving Sadaqa ... " (V.2:196)
27- THE BOOK OF A L-MUHA R
- 42
Here Sadaqa is in the form of feeding six poor
persons.
1815. Narrated Ka'b bin 'Ujra i ii
Al l h's Messenger stood beside me atAl -
Il udaibiya and the l ice were fal l ing from my
head in greatnumber. He asked me, "Have
your l ice troubl ed you?" I repl ied in the
affirmative. He ordered me to getmy head
shaved. Ka'b added, "This Verse: '. . . And
whosoever of you is il l , or has ail mentin his
scal p. . . ' (V. 2:196) was reveal ed regarding
me." The Prophet;then ordered me either
to observe Saum (fast) for three days, or to
feed six poor persons with one Faraq (three
Sa) (of dates), or to sl aughter a sheep, (as
sacrifice) whatever was avail abl e. "
7: CHAPTER. The Fidya (compensation for
a missed or wrongly practised religious
ceremony) in the form of feeding (six
persons) each with one-half a $' (of food).
1816. Narrated 'Abdul l Ah bin Ma'qal : I
satwith Ka'b bin 'Ujra and asked
him aboutthe Fi dya. He repl ied, "This
revel ation was reveal ed concerning my case
especial l y, butitis al so for you in general . I
was broughtbefore Al l ah's Messenger itand
the l ice were fal l ing in greatnumbers on my
face. The Prophetsaid, "I have never
thoughtthatyour ail ment(or struggl e) has
reached to such an extentas I see. Can you
afford a sheep?" I repl ied in the negative. He
then said, "Observe Saum (fasts) for three
days, or feed six poor persons each with one-
hal f a S' of food (1 .a' = 3 kil ograms
approx. ) [and getyour bead shaved]".
27 THE BOOK OFAL-MUHSAR 6JU - TV43
(8) CHAPTER. The Nusuk (offering) is one
sheep.
1817. Narrated 'Abdur-Rahmn bin AbU
Lail a reporting the speech of Ka'b bin 'Ujra
Z i ,: Al l ah's Messenger saw him
(i. e. , Ka'b) whil e the l ice were fal l ing on his
face. He asked (him), "Have your l ice
troubl ed you?" He repl ied in the
affirmative. So, he ordered him to get
his head shaved whil e he was atAl -
udaibIya. Atthattime they were not
permitted to finish their Iefi ram, and were
stil l hoping to enter Makkah. (') So, Al l ah
reveal ed the Verses of A 1-Fi dya. Al l ah's
Messenger ordered him to feed six poor
persons with one Faraq of food or to
sl aughter one sheep (as a sacrifice) or to
observe Saum (fast) for three days.
1818. Narrated Ka'b bin 'Ujra Z
Al l ah's Messenger saw him (i. e. Ka'b)
whil e the l ice were fal l ing on his face.
:jl :Li. i iL
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(1) (H. 1817) Ka'b was permitted to finish his Ihram because of ail mentin his head and had
to pay Fi dya, al though l ater on, al l his Companions finished Ihrm because they were
prevented from reaching the Ka'bah.
27-THE BOOK OFAL-MUHSAR Ty44
JJ
(9) CHAPTER. The Statement of Allah :
"...Then he should not have sexual
relations (with his wife) . . . " (V.2:197)
1819. Narrated AbU Hurairah Z
Al l ah's Messenger said, "W hoever
performs IIajj to this House (Ka'bah) and
does notapproach his wife for sexual
rel ations nor commits sins (whil e
performing IIajj), he wil l come outas
sinl ess as a newborn chil d (justdel ivered by
his mother) . "
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(10) CHAFFER. The Statement of Allah
"...nor commit sin nor dispute
unjustly during Hajj. .. 11 (V. 2:197)
1820. Narrated Abfl Hurairah Z i ,. :
The Prophetsaid, "W hoever performs
HO.J I to this House (Ka'bah) and does not
approach his wife for sexual rel ations nor
commitsins (whil e performing Ia.#), he wil l
come outas sinl ess as a newborn chil d (just
del ivered by his mother) . "
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28- THE BOOK OF PENALTY FOR HUNTING
4
- TA 45
.g2fl 61ja - tA 28- THE BOOK OF PENALTY FOR
HUNTING [(BY A MUJIRIM)
AND SIMILAR TIUNGS].
(1) CHAPTER. The penalty for hunting (by a
Muhrim) and similar things. And the
Statement of Allah a:
"...Kill not game while you are in the
state of Ihrm for Hajj or Umra (pilgrimage),
and whosoever of you kills it intentionally,
the penalty is an offering, brought to the
Ka'bah, of an eatable animal (i.e., sheep,
goat, cow, etc.) brought to the Ka'bah,
equivalent to the one he killed.., to the end
of the Verse... And fear Allah to W hom you
shall be gathered back." (V.5:95-96)
(2) CHAPTER. If a non-Muhrim hunts (an
animal) and gives it as a present to a
Muhrim, (it is permissible for) the latter to
eat it.
Ibn 'Abbas and Anas considered that
there was no harm for a Muhri m to
sl aughter animal s which were notgame,
l ike camel s, sheep, cows, hens, or horses.
1821. Narrated 'Abdul l h bin AbU
Qatada: My father setout(for Makkah) in
the year of Al -udaibiya, and his
companions assumed A ram, buthe did
not. Atthattime the Prophet

was
informed thatan enemy wanted to attack
him, so the Prophetjproceeded onwards.
W hil e my father was among his companions,
some of them l aughed among themsel ves.
(My father said), "I l ooked up and saw an
onager 1 . I attacked, stabbed and caughtit.
(1) (H. 1821) They were l aughing because they saw an onager and coul d nothuntit
-
JJ
46
JJ
I then soughtmy companions' hel p butthey
refused to hel p me. (Later) we al l ate its
meat. W e were afraid thatwe mightbe l eft
behind (separated) from the Prophet. So,
I wentin search of the ProphetW , and made
my horse to run ata gal l oping speed attimes
and l etitgo sl ow atan ordinary speed at
other times til l I meta man from the tribe of
Bart! Ghifr atmidnight. I asked him,
"W here did you l eave the Prophet?" He
repl ied, "I l efthim atTa'hun and he had the
intention of having the midday restatAs-
Suqy. I fol l owed the traces and joined the
Prophetand said, '0 Al l ah's Messenger!
Your peopl e (Companions) send you their
compl iments, and (ask for) Al l ah's Bl essings
upon you. They are afraid l estthey may be
l eftbehind;so pl ease waitfor them. ' I
added, '0 Al l ah's Messenger I hunted an
onager and some of its meatis with me
The Prophettol d the peopl e to eatit,
though al l of them were in the state of
Ii ram ."
(3) CHAPTER. If the Muhrimn saw game
and then laughed and a non-Muhrim
understood (why they laughed) (then their
laughing is not to be considered as an
intentional sign to draw the non-Muhrim's
attention. Therefore they are allowed to eat
the game).
1822. Narrated 'Abdul l Ah bin AM, Qatada
thathis father said, "W e proceeded with the
Prophetin the year of A 1-Ijudai bi ya and
his companions assumed Ihram butI did not.
4
bi U
:;t
:1 ti
;;'r--
:JU
J.
l J
L :Li
i j) L
JJ
L
: i LY
LO
D
:U
3
L
tU \tLYAot'oV
14
L
1J :aI (r)
=because they were in a state of lhrm; neither were they al l owed to draw the
attention of AbU Qatada who was nota Muhri m then.
(1) (H. 1821) Perhaps Abu Qatada hurried to reach the Prophetso thathe mightask
him whether itwas l egal for the Muhri muns to eatfrom thatgame, since some of his
companions had refused to eat.
28- THE BOOK OF PENALTY FOR HUNTING - 47
W e were informed thatsome enemies were
atGhaiqa and so we wenton towards them.
My companions saw an onager and some of
them started l aughing among themsel ves. I
l ooked and saw it. I chased iton my horse
and stabbed and caughtit. I wanted some
hel p from my companions butthey refused.
(I sl aughtered ital l al one). W e al l ate from it
(i. e. , its meat). Then I fol l owed Al l ah's
Messenger l estwe shoul d be l eftbehind.
Attimes I urged my horse to run ata
gal l oping speed and atother times atan
ordinary sl ow speed. On the way I meta man
from the tribe of Ban! Ghifar atmidnight. I
asked him where he had l eftAl l ah's
Messenger . The man repl ied thathe had
l eftthe ProphetjW , ata pl ace cal l ed Ta'hun
and he had the intention of having the
midday restatAs-Suqya. So, I fol l owed
Al l ah's Messenger til l I reached him and
said, "0 Al l ah's Messenger I have been sent
by my companions who send you their
greetings and compl iments and ask for
Al l ah's Mercy and Bl essings upon you.
They were afraid l estthe enemy might
intervene between you and them;so pl ease
waitfor them. " So he did. Then I said, "0
Al l ah's Messenger! W e have hunted an
onager and have some of it(i. e. , its meat)
l eftover. " Al l ah's Messenger jW tol d his
companions to eatthe meat, al though al l of
them were in a state of Ihram.
(4) CHAFFER. A Muhrim should not help a
non-Muhrim in the hunting of a game.
1823. Narrated AbU Qatada ic Zi
W e were in the company of the Prophetat
a pl ace cal l ed Al -Qaba (which is ata distance
of three stages of journey from Al -Madina).
AbU Qatada ;narrated through
another group of narrators: W e were in the
company of the Prophetata pl ace cal l ed
Al -Qha and some of us had assumed Ihrdm
whil e the others had not. I noticed thatsome
of my companions were watching something,
so I l ooked up and saw an onager. (I rode my
horse and took the spear and whip) butmy
fel l down (and I asked them to pick itup
for me) butthey said, "W e wil l nothel p you
by any means as we are in a state of
mram . "
So, I picked up the whip mysel f and attacked
the onager from behind a hil l ock and
sl aughtered itand broughtitto my
companions. Some of them said, "Eatit. "
W hil e some others said, "Do noteatit. " So,
I wentto the Prophet

who was ahead of us
and asked him aboutit. He repl ied, "Eatit,
as itis Halal (i. e. , itis l egal to eatit) . "
5) CHAPTER. A Muhrim should not point
at a game with the intention that a non-
Muhrim may hunt it.
1824. Narrated 'Abdul l h bin Ab Qatada
thathis father had tol d him thatAl igh's
Messenger setoutfor Haff and so did his
Companions. He senta batch of his
Companions by another route and AbU
Qatada was one of them. The Prophet
said to them, "Proceed al ong the sea-shore
til l we meetal l together. " So, they took the
route of the sea-shore, and when they started
al l of them assumed Ifram exceptAbU
Qatada. W hil e they were proceeding on,
h1s companions saw a group of onagers. AbU
Qatada chased the onagers and attacked and
wounded a she-onager. They gotdown and
ate some of its meatand said to each other:
"How do we eatthe meatof the game whil e
we are in a state of Izram?"So, we (they)
carried the restof the she-onager's meat, and
when they metAl l ah's Messenger
i
they
asked saying, "0 Al l ah's Messenger! W e
assumed Ihrm with the exception of Abu
Qatada and we saw (a group) of onagers.
AbU Qatada attacked them and wounded a
she-onager from them. Then we gotdown
and ate from its meat. Later, we said, (to
each other), 'How do we eatthe meatof the
game and we are in a state of Ifrm?' So, we
carried the restof its meat." The Prophet
asked, "Did anyone of you order Ab
Qatada to attack itor pointatit?" They
(we) repl ied in the negative. He said, "Then
eatwhatis l eftof its meat. "
(6) CHAFFER. If any person gave a living
onager as a present to a Muhrim then he
should not accept it.
1825. Narrated 'Abdul l h bin 'Abbs
L4L i on the authority of
A-Sa'b
bin Jath-
thma Al -Laithi thatthe l atter presented an
onager to Al l ah's Messenger whil e he was
atAl -Abwa' or atW addan, and he refused to
acceptit. On noticing the signs of some
unpl easantfeel ing of disappointmenton his
(A-Sa'b's) face, the Prophetsaid to him,
"I have onl y returned itbecause I am
Muhri m ."
28 THE BOOK OF PENALTY FOR HUNTING
(7) CHAPTER. (W hat kind of) animals can
be killed by a Murim.
1826. Narrated 'Abdul l ah bin 'Umar
Al l ah's Messenger said, "Itis not
sinful on a Muhri m to kil l five kinds of
animal s. " (A crow, a kite, a scorpion, a
mouse and a rabid dog).
1827. One of the wives of the Prophet
narrated: The Prophetsaid, "A MuWi m
can kil l (five kinds of animal s. )"
1828. Narrated Hafsa i Al l ah's
Messenger said, "Itis notsinful (on a non-
Muhri m or a Muhri m) to kil l five kinds of
animal s, namel y: a crow, a kite, a mouse, a
scorpion and a rabid dog. "
1829. Narrated 'Aishah i : Al l ah's
Messenger said, "Five kinds of animal s
are harmful and coul d be kil l ed in the Haram
28 THE BOOK OF PENALTY FOR HUNTING yd -
51
(sanctuary). These are: a crow, a kite, a
-
scorpion, a mouse and a rabid dog. "
L
:J
Uj Lii

[rrit :)l ]
1830. Narrated 'Abdul l h
W hil e we were in the company of the
Prophetin a cave atMina, when Srat
Al -Mursal atwas reveal ed and he recited it
and I heard it(directl y) from his mouth as
soon as he recited it, then suddenl y a snake
sprang atus and the Prophet

said (ordered
us): "Kil l it. " W e ran to kil l itbutitescaped
quickl y. The Prophetsaid, "Ithas escaped
your evil and you too have escaped its evil ."
1831. Narrated 'Aishah Li i the
wife of the Prophet: Al l ah's Messenger ;
cal l ed a house-l izard, a bad animal , butI did
nothear him ordering thatitshoul d be
kil l ed." [See H. 3306].
28-- THE BOOK OF PENALTY FOR HUNTING
4
- 52
(8) CHAPTER. It is not permissible to cut ii i' 'A :iL (A)
the trees( ) of the Haram (the sanctuary of -
Makkah).
Narrated Ibn 'Abbs t4 : The t4L g
Prophet41tsaid "Its (the Haram's) thorny
))
:
- - -
bushes are notal l owed to be cutoff. "
-
:1832. Narrated Sa'id bin AbU Sa'id Al - t. >- : Zi Lb. . - lAry
Maqburi: Abu Shuraih Al -'AdawI said that
-
- - -
LJJ
he had said to Amr bin Sa id when he was - -. - - - - - -
sending the troops to Makkah (to fight
'Abdul l h bin Az-Zubair), "0 Chief! Al l ow - - - - - - - - -
me to tel l you whatAl l ah's Messenger jW 1 said '
'
-'--' -
on the day fol l owing the conquestof L. l
)
Ji ~.
Makkah. My ears heard thatand my heart - - - -
4U
J)
4J
-
L. L-I
ro'f l
understood itthoroughl y and I saw with my

own eyes the Prophetwhen he, after L
r-
--- I
l
gl orifying and praising Al l ah, said, 'Al l ah,
notthe peopl e, made Makkah a sanctuary,

- . - - - - -
so anybody who has bel ief in Al l ah and the kul j..
LastDay shoul d neither shed bl ood in it, nor - . - - - - - . -
L. .
j)
J
j,,.
shoul d he cutdown its trees. If anybody tel l s - -
(argues) thatfighting in itis permissibl e on L5
the basis thatAl l ah's Messenger 0, did fight -
in Makkah, say to him: Al l ah al l owed His ' -
-'
-' -
Messenger and did notal l ow you. ' The i. Li L, L
Prophet41tadded: '[Al l ah al l owed me onl y
'- - -
4t'
for a few hours on thatday (of the conquest) -'-'
- -' - -
and today its sanctity is val id as itwas before. Jj 4i,L :
So, those who are presentshoul d inform . - - . '-
those who are absent(concerning this - - - -
fact]. " AbU Shurail i was asked, "W hatdid iI 3ij
'Amr repl y?" He said, ('Amr said) "0 Abfl
.
..r4
Shuraib! I know better than you in this
respect, Makkah does notgive protection
JL
i J I
to a sinner, a murderer or a thief. '"
Ji 4-I UI :J
-

ILI
,
IU
,
L..oL
['t
(1) (Ch . 8) Trees: Natural l y grown onl y, neither pl anted nor sowed by you.
(9) CHAPTER. The game in the Haram
(Sanctuary) should not be chased or
disturbed.
1833. Narrated Ibn 'Abbs L4i
The Prophet

said, "Al l ah has made
Makkah a sanctuary, so itwas a sanctuary
before me and wil l continue to be a sanctuary
after me. Itwas made l egal for me (i. e. , I was
al l owed to fightin it) for a few hours of a day.
Itis notal l owed to uprootits shrubs or to cut
its trees, or to chase (or disturb) its game, or
to pick up its Luqaa (fal l en things) exceptby
a person who woul d announce that(whathe
has found) publ icl y. " Al -'Abbas said, "0
A llah's Messenger! FxceptA l-I4/k}i i r (a kind
of grass) (for itis used) by our gol dsmiths and
for our graves. " The Prophetthen said,
"ExceptA 1-Idh/hi r." 'Ikrima said, "Do you
know what'chasing or disturbing' the game
means? Itmeans driving itoutof the shade to
occupy its pl ace
(1)
(10) CHAPTER. Fighting is prohibited in
Makkah.
Narrated AbU Shuraib thatthe ProphetjW
said, "Itis forbidden to shed bl ood in
Makkah. "
1834. Narrated Ibn 'Abbs i
On the day of the conquest of Makkah, the
Prophetsaid, "There is no more
emigration (from Makkah) butJ i had and
intentions 2 , and whenever you are cal l ed for
J i had, youshoul d go immediatel y. No doubt,
Al l ah has made this pl ace (Makkah) a
J
:Jl i L. 4:
:~.
(1) (H. 1833) 'Ata' and Mujhid disagree with 'Ikrinia for they think that itis permissibl e to
dismiss the game, unl ess thatbrings aboutits death.
(2) (H. 1834) i. e. , you musthave intention to participate in J i hadwhen there is cal l for it.
28-. THE BOOK OF PENALTY FOR HUNTING l - 54
sanctuary since the creation of the heavens
and the earth, and wil l remain a sanctuary til l
the Day of Resurrection as Al l ah has
ordained its sanctity. Fighting was not
permissibl e in itfor anyone before me, and
even for me itwas al l owed onl y for a portion
of a day. So, itis a sanctuary with Al l ah's
sanctity til l the Day of Resurrection. Its
thorns shoul d notbe uprooted and its game
shoul d notbe chased;and its Luqata (fal l en
things) shoul d notbe picked up exceptby one
who woul d announce thatpubl icl y, and its
vegetation (grass etc. ) shoul d notbe cut. "
Al -'Abbas said, "0 Al l ah's Messenger!
ExceptA l-Idh1hi r (for itis used by their
bl acksmiths, and for their domestic
purposes). " So, the Prophetj10 said,
"Except A 1-I4Ii IIji r."
(11) CHAFFER. Cupping (i.e., letting out of
the blood medically) for a MuIrim.
Ibn 'Umar branded his son whil e he was in
a state of Ifram, and itis permissibl e for a
Muhri m to take medicine on condition thatit
does notcontain any perfume.
1835. Narrated Ibn 'Abbas
Al l ah's Messenger was cupped whil e he
was in a state of Ihram.
ii ju :JU 3LL :4
!t
)L4i
: )
]

''VA 'nr
[oy. I oy.. 01
1836. Narrated Ibn Buhaina S.
The Prophet;, whil e in the state of Ifram,
28- THE BOOK OF PENALTY FOR HUNTING -
II
was cupped atthe middl e of his head at
Laiye-Jamal .
(12) CHAPTER. The marrying of a Muhrim.
1837. Narrated Ibn 'Abbas L4i- Zi
The Prophet#h married MaimUna whil e he
was in the state of Irm, (onl y the
ceremonies of marriage were hel d).
(13) CHAPTER. W hat is forbidden for a
Muhrim (male or female) as regards
perfumes.
'Aishah i said, "A woman in the
state of Ihram shoul d notwear cl othes
perfumed with Wars or saffron."
1838. Narrated 'Abdul l h bin 'Umar
L4 : A person stood up and asked, "0
Al l ah's Messenger! W hatcl othes may be
worn in the state of Ii zram?"The Prophet;
repl ied, "Do notwear a shirtor trousers, or
any headgear (e. g. , a turban), or a hooded
cl oak;butif somebody has no shoes he can
wear l eather stockings, provided they are cut
shortoff the ankl es, and al so, do notwear
anything perfumed with Wars or saffron, and
the Muhri ma (a woman in the state of I/tram)
shoul d notcover her face, and shoul d not
wear gl oves. "
28 . - THE BOOK OF PENALTY FOR HUNTING - 56
1839. Narrated Ibn 'Abbas L a: A
man was crushed to death by his she-camel
and was broughtto Al l ah's Messenger who
said, "Give him a bath and shroud him, but
do notcover his head, and do notbring any
perfume near to him, as he wil l be
resurrected reciting Talbi ya . "
(14) CHAPTER. The taldng of a bath by a
Muli ri m.
And Ibn 'Abbas L4 said thata
Muhri m coul d enter a bathroom (for a bath),
and Ibn 'Umar and 'Aishah iJi did
notthink thatthere was any harm in
scratching the body.
1840. Narrated 'Abdul l ah bin Hunain:
'Abduil Ah bin Al -'Abbas and Al -Miswar bin
Makhrama differed atAl -Abwa';Ibn 'Abbs
said thata Muhri m coul d wash his head;
whil e Al -Miswar maintained thathe shoul d
notdo so. 'Abdul l h bin 'Abbas sentme to
J, :L4L
--
L it
-
:
AbU AyyUb Al -Anari and I found him
bathing between the two wooden posts (of
the wel l ) and was screened with a sheetof
cl oth. I greeted him and he asked who I was.
I repl ied, "I am 'Abdul l h bin Il unain, and I
have been sentto you by Ibn 'Abbs to ask
you how Al l ah's Messenger used to wash
his head whil e in the state of J hram ." AbU
AyyUb Al -AnrI caughthol d of the sheetof
cl oth and l owered ittil l his head appeared
before me, and then tol d somebody to pour
water on his head. He poured water on his
head, and he (AbU Ayyfl b) rubbed his head
with his hands by bringing them from back to
frontand from frontto back and said, "I saw
the ProphetQT, doing l ike this. "
(15) CHAPTER. W earing of
I9pif f
(leather
stockings) by a Muhrim if slippers are not
available (but one has to cut short the Khuf f
below the ankles).
1841. Narrated Ibn 'Abbas L41 1i e.,: I
heard the Prophetdel ivering a Khuba
(rel igious tal k) at'Arafatsaying, "If a
Muhri m does notfind sl ippers, he coul d
wear Khuff (buthe has to cutshortthe Khuff
bel ow the ankl es), and if he does notfind an
Izr (a waist-sheetfor wrapping the l ower-
hal f of the body) he coul d wear trousers."
1842. Narrated 'Abdul l Ah . Z$ ZI
Al l ah's Messenger jW was asked: W hatsort
of cl othes a Muhri m shoul d wear? He
repl ied, "He shoul d notwear a shirt,
turbans, trousers, a hooded cl oak, or a
dress perfumed with saffron or Wars; and if
sl ippers are notavail abl e he can wear
Ichuff
buthe shoul d cutthem so thatthey reach
bel ow the ankl es.
(16) CHAPTER. If an Izar is not available,
one (i.e., a Muhrim) can wear trousers.
1843. Narrated Ibn 'Abbs Li i
The Prophetdel ivered a Khu;ba (rel igious
tal k) at'Arafatand said, "W hoever does not
getan Izar can wear trousers, and whoever
cannotgeta pair of shoes (sl ippers) can wear
7juff."
(17) CHAPTER. Carrying of arms by a
Muhrim.
According to 'Ikrima one can carry arms if
he fears the enemy, butthe Fi dya
(compul sory penal ty) has to be paid. No
rel igious schol ar agrees with him on
necessitating the Fi dya.
'L5J
1844. Narrated AJ-Bara'iai;:The ) L - \AU
Prophetassumed Ihram for 'Umra in the
59
month of Dhul -Qa'da butthe (Mushnkun)
peopl e of Makkah refused to admithim into
Makkah til l he agreed on the condition that
he woul d notbring into Makkah any arms but
sheathed.
(18) CHAPTER. Entering the Haram and
Makkah without assuming Ihram.
And Ibn 'Umar entered (withoutIhram);
butthe Prophetii ordered those intending
to perform Ijajj or 'Umra to assume I,zram,
buthe did notmention the wood-cutters and
the l ike (i. e. , those who frequentthe
sanctuary of Makkah).
1845. Narrated Ibn 'Abbas L4i I
The Prophetfixed Dhul -Hul aifa as the
Mi qat (the pl ace for assuming Ihram)for the
peopl e of Al -Madina, and Qam-al -Manazil
for the peopl e of Najd, and Yal aml am for the
peopl e of Yemen. These Mawaqtt are for
those peopl e and al so for those who come
through these Mawaqi t (from pl aces other
than the abovementioned) with the intention
of (performing) Ijajj and 'Umra. And those
l iving inside these Mawaqi t can assume llzram
from the pl ace where they start;even the
peopl e of Makkah can assume Ihram (for
Hajj onl y) from Makkah.
1846. Narrated Anas bin Mal ik Z i
Al l ah's Messenger jW entered Makkah in the
year of its conquestwearing an Arabian
hel meton his head', and when the Prophet
took itoff, a person came and said, "Ibn
Khatal is hol ding the covering of the Ka'bah
(1)(H.1846)A Muhri nz i s notal l owed to cover his head. The factthatthe Prophet's head
was covered whil e entering Makkah indicates thathe had entered Makkah as a non-
Mu/vi m.
28-- THE BOOK OF PENALTY FOR HUNTING 1 . yLl - TA 60
(taking refuge in the Ka'bah) . " The ProphetW i .iLJ J
d "Kil l h
,,(1) - - -
iJji)) :JUi Jl JLLJ

[A-A t'Al 4 ru :)i]
(19) CHAPTER. If somebody ignorantly 1$,, 1- :aL.a
(')
assumed Jhrm while wearing a shirt (will .
Fi dya be compulsory?) - - - - -
j4
Ata' said, "There is no penal ty on a :L6. . Ji
Mujri m who perfumes himsel f or wears
)
stitched cl othes outof ignorance or -- - - -
forgetful ness."
1847. Narrated Ya'l i ii ;: W hil e I :4,31 'AtV
was with Al l ah's Messenger LE there came to
-
-
:JU L
- - -
- :L 2,L
him a man wearing a cl oak having a trace of
yel l owish perfume or a simil ar thing on it.
--
'Urnar used to say to me, "W oul d you l ike to -- - - -- ' - .. -
i see the Prophet, atthe time when he s -' - - - - - -
being inspired Divinel y?" i So, thappened
ft_ . ft- ft_ ft

jI
I Zi
_
- 4
L
thathe was inspired (then) and when the -,
Revel ation was over the Propheta said (to
thatman), "Do in your 'Umra the same as
you do inyourHajj. "
oaJi 4J JLi
[\or:I]. c1.
1848. A man bitthe hand of another man
.
J'-i
- AtA
butin thatprocess the l atter broke one -
t-''
.
L.
incisor tooth of the former, and the Prophet
forgave the l atter.
(2)
[AS1 tt\Y:)I]
(20) CHAPTER. A Muhrim died at 'Arafat
ij
()
and the Prophet did not order anybody to . A-
j
Yt-
finish the remaining ceremonies of Hajj on - -.
-
;- -
his behalf. I
1849. Narrated Ibn 'Abbs L41 i 3LJL tIi- -
(1) (H. 1846) Al l ah's Messenger , on conquering Makkah, forgave al l the peopl e of
Makkah exceptsome persons who had committed nasty crimes againstIsl am and
Musl ims.
(2) (H. 1848) This piece of narration is a partof Hadi t/i No.
6892, Vol . 9.
28- THE BOOK OF PENALTY FOR HUNTING - TA
M
W hil e a man was standing with the Prophet
at'Arafat, he fel l from his Rahi la (mount)
and his neck was crushed by it. The Prophet
said, "W ash the deceased with water and
Sidr and shroud him in two pieces of cl oth,
and neither perfume him nor cover his head,
for Al l ah wil l resurrecthim on the Day of
Resurrection and he wil l be reciting Talbtya ."
1850. Narrated Ibn 'Abbas L41 ti
W hil e a man was standing with the Prophet
at'Arafat, he fel l from his Rahi la (mount)
and his neck was crushed by it. The Prophet
;
said, "W ash the deceased with water and
Sidr and shroud him in two pieces of cl oth,
and neither perfume him nor cover his head,
for Al l ah wil l resurrecthim on the Day of
Resurrection and he wil l be reciting Talbi ya ."
(21) CHAPTER. The legal way of (burying) a
dead Muhrim.
1851. Narrated Ibn 'Abbs L4i i a;: A
man was in the company of the ProphetjW ,
and his she-camel crushed his neck whil e he
was in a state of Ihram and he died. Al l ah's
Messenger jsaid, "W ash him with water
and Sidr and shroud him in his two garments;
neither perfume him nor cover his head, for
he wil l be resurrected on the Day of
Resurrection reciting Talbi ya ."
:J4
:
;
,
. :J
)
4 4$iI
r
:JU Li
Ai. Li
:J
;
iLa
()
\Ao
3
:L4i it
: 3u Ei
[vra ttA
:)]
28-- THE BOOK OF PENALTY FOR HUNTING &fl . ya - 62
(22) CHAFFER. To perform Hajj on behalf
of a dead person and to fulfil his vows. A
man can perform Haf f on behalf of a woman.
1852. Narrated Ibn 'Abbas t4L : A
woman from the tribe of Juhaina came to the
Prophetand said, "My mother had vowed
to perform Hajj butshe died before
performing it. May I perform Ijajj on my
mother's behal f?" The Prophetrepl ied,
"Perform Ijajj on her behal f. Had there been
a debton your mother, woul d you have paid
itor not? So, pay Al l ah's debtas He has more
rightto be paid."
(23) CHAPTER. Performing Ijajj for a
person who cannot sit firmly on the mount.
1853. Narrated Fadl bin 'Abbas ii
L4i: A woman
1854. Narrated Fad! bin 'Abbas Zi
L.: A woman from the tribe of Khath'am
came in the year (of Hajjat-ul-Wada' of the
Prophet) and said, "0 Al l ah's Messenger!
My father has come under Al l ah's obl igation
of performing J jajj buthe is a very ol d man
and cannotsitproperl y on his Rahi la
(mount). W il l the obl igation be ful fil l ed if I
28- THE BOOK OF PENALTY FOR HUNTING 'ya - TA
perform I-Iajj on his behal f?" The Prophet
repl ied in the affirmative.
(24) CHAPTER. Performing Haf f by a
woman on behalf of a man.
1855. Narrated 'Abdul l h bin 'Abbas
L4 : Al -Facl l was riding behind the
Prophet41tand a woman from the tribe of
Khath'am came up. Al -Fa l l started l ooking
ather and she l ooked athim. The ProphetiI
turned Al -Fadi's face to the other side. She
said, "My father has come under Al l ah's
obl igation of performing Hajj buthe is a very
ol d man and cannotsitproperl y on his Rahi la
(mount). Shal l I perform Hajj on his behal f?
The Prophet41trepl ied in the affirmative.
Thathappened during Ijajjat-ul-Wada' of the
Prophet .
(25) CHAPTER. The Hajj of boys (children
etc.)
1856. Narrated Ibn 'Abbs L41 i
The Prophet;sentme (to Mina) with the
l uggage from J am' (i. e. , Al -Muzdal ifa) at
night.
:3L.fl tii. - \Ao
LL :3
28-- THE BOOK OF PENALTY FOR HUNTING ya - 64
1857. Narrated 'Abdul l ah bin 'Abbs
L4 I came riding on my she-ass and had
(just) then attained the age of puberty.
Al l ah's Messenger was offering .alat at
Mina. I passed in frontof a partof the first
row and then dismounted from it, and the
animal started grazing. I al igned with the
peopl e behind Al l ah's Messenger . (The
subnarrator added thathappened in Mina
during the Prophet's Hajjat-u1-Wada'.)
1858. Narrated As-Sa'ib bin Yazid
(whil e in the company of my parents) I was
made to perform Hajj with Al l ah's Messenger
and I was a seven-year-ol d boy then.
(FahA 1-Bari Vol. 4, Page 442)
1859. Narrated Al -Ju'aid bin 'Abdur-
Rahmn: I heard 'Umar bin 'Abdul 'Aziz
tel l ing aboutAs-S'ib bin Yazid thathe had
performed Hajj (whil e carried) with the
bel ongings of the Prophet.
(26) CHAPTER. Haj of women.
1860. Narrated Ibrahim's grand-father
that'Umar L in his l astHajj
al l owed the wives of the Prophet
i
to
perform J J ajj; and he sentwith them
'Uthmn bin 'Affn and 'Abdur-Rahmn
28-THE BOOK OF PENALTY FOR HUNTING - 65
bin 'Afl f as escorts.
1861. Narrated ' ishah
(Mother of the faithful bel ievers): I said,
"0 Al l ah's Messenger! Shoul dn'twe
participate in Hol y battl es and J i had al ong
with you" He repl ied, "The bestand the most
superior J i had (for women) is Hajj - Hajj
Mabrr, - which is accepted by Al l ah. "
'Aishah added: Ever since I heard that
from Al l ah's Messenger I have
determined notto miss Hajj.
1862. Narrated Ibn 'Abbas L4i.
The Prophet
;
said, "A woman shoul d not
travel exceptwith a Q/2u-Mahram
(her
husband or a man with whom thatwoman
cannotmarry atal l according to the Isl amic
Jurisprudence), and no man may visita
woman exceptin the presence of a
Mahram ."A man gotup and said, "0 Al l ah's
Messenger! I intend to go (for J i had) with
such and such an army and my wife wants to
perform tlajj."
The Prophetsaid (to him),
"Go al ong with her (to Hajj)."
1863. Narrated Ibn 'Abbas L4i
W hen the Prophet, returned after
performing his Iajj, he asked Umm Sinan
Al -Anariyah, "W hatforbid you from
performing 1ajj?" She repl ied, "Father of
so-and-so (i. e. , her husband) had two camel s
28-- THE ROOK OF PENALTY FOR HUNTING - TA 66
JJ
and he performed Ijajj on one of them, and
the second is used for the irrigation of our
l and. " The Prophet4h said (to her),
"Perform 'Umra in the month of RamadAn,
(as it) is equival entto 11a3j or performing 1Iajj
with me (in reward) . "
[See 11. 1782]
1864. Narrated Qaza'a, the sl ave of
Ziyad: AbU Sa'id who participated in twel ve
Ghazwat with the Prophetsaid, "I heard
four things from Al l ah's Messenger (or I
narrate them from the Prophet4Lt) which
won my admiration and appreciation. They
are:
1 "No l ady shoul d travel withouther
husband or withouta Dh-Mahram for
a two days' journey.
2. No observance of Saum (fasting) is
permissibl e on two days of 'Ei d-al-Fi tr,
and 'Ei d-al-A dh -
3- No Salat (prayer) (may be offered) after
two Salat: after the 'A sr prayer til l the
sunsetand after the morning Salat
(prayer) til l the sun rises.
4. Notto travel (for visiting) exceptfor
three mosques: Masji d-al-Haram (in
Makkah), my Mosque (atAl -Madina),
and Masji d-a1-A qsa (in Jerusal em) . "
67
(27) CHAPTER. W hoever vowed to go on
foot to the Ka'bah.
1865. Narrated Anas Z The
Prophetsaw an ol d man wal king,
supported by his two sons, and asked about
him. The peopl e informed him thathe had
vowed to go on foot(to the Ka'bah). He said,
"Al l ah is notin need of this ol d man's
torturing himsel f;" and ordered him to ride.
1866. Narrated 'Uqba bin 'Amir 11
: My sister vowed to go on footto the
Ka'bah, and she asked me to take the verdict
of the Prophetaboutit. So, I did and the
Prophetjo said, "She shoul d wal k and al so
shoul d ride."
29- THE BOOK ABOUT THE VIRTUES OF AL-MADINA
- 1
29- THE BOOK ABOUT THE
VIRTUES OF AL-MADINA
(1) CHAPTER. Haram (sanctuary) of Al -
Madina.
1867. Narrated Anas The
Prophetjitsaid, Al -MadIna is a sanctuary
from thatpl ace to that. Its trees shoul d not
be cutand no heresy shoul d be innovated nor
any sin shoul d be committed in it, and
whoever innovates in itan heresy or
commits sins (bad deeds), then he wil l incur
the curse of Al l ah, the angel s, and al l the
peopl e."
[See Vol . 9, Hadi th No. 7306]
1868. Narrated Anas i The
Prophetcame to Al -Madina and ordered a
mosque to be buil tand said, "0 Bani Najjar!
Suggestto me the price (of your l and) . " They
said, "W e do notwantits price exceptfrom
Al l ah" (i. e. , they wished for a reward from
Al l ah for giving up their l and free). So, the
Prophetordered the graves of the
Mns]i ri kun
to be dug outand the l and to be
l evel l ed, and the date-pal m trees to be cut
down. The cutdate-pal ms were fixed in the
direction of the Qi blah of the mosque.
1869. Narrated AbU Hurairah ii
The Prophetsaid, "I have made Al -
MadIna a sanctuary between its two (Harra)
mountains. " The Prophetii J wentto the
tribe of Ban! HAritha and said (to them), "I
see thatyou have gone outof the sanctuary,"
butl ooking around, he added, "No, you are
ins;ide the sanctuary. "
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29- THE BOOK ABOUT THE VIRTUES ( %L.MADINA 44i3 JUW ab 641 - Ti
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1870. Narrated 'Al l e W e have
nothing exceptthe Book of Al l ah (the
Qur'an) and this written paper from the
Prophet;(wherein itwritten:) "Al -Madina
is a sanctuary from the 'Aer mountain to such
and such a pl ace, and whoever innovates in it
an here:y or commits a sin, or gives shel ter to
such an innovator or sinner in it, wil l incur
the curse of Al l ah, the angel s, and al l the
peopl e, none of his compul sory or optional
good deeds of worship wil l be accepted. And
the asyl um (of protection) granted by any
Musl im is to be secured (respected) by al l the
other Musl ims;and whoever betrays a
Musl im in this respectincurs the curse of
Al l ah, the angel s, and al l the peopl e, and
none of his compul sory or optional good
deeds of worship wil l be accepted, and
whoever (treed sl ave) takes as masters other
than his manumitters withouttheir
permission incurs the curse of Al l ah, the
angel s, and al l the peopl e, and none of his
compukory or optional good deeds of
worship wil l be accepted
(2) CHAPTER. Superiority of Al -Madina
And that i! expel l s (evil , vicious) persons.
1871. Narated AbU Hurairah L a
Al l ah's Messenger said, "I was ordered to
migrate to a town which wil l swal l ow (conquer)
other towns and is cal l ed Yathrib and thatis
Al -Madina, and itturns out(bad) persons as a
furnace rmoves the impurities of iron.
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29- THE BOOK ABOUT THE VIRTUES OF AL-MADINA JL - 70
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(3) CHAFFER. Al-MadIna is also called
Taba.
1872. Narrated Ab Humaid
W e came with the Prophetfrom Tabk,
and when we reached near Al -Madma, the
Prophet, said, "This is Taba. "
(4) CHAFFER. The two mountains of Al -
Madina.
1873. Narrated AbU Hurairah i i
If I saw deers grazing in Al -Madina, I woul d
notchase them, for Al l ah's Messenger :
said, "(Al -Madina is a sanctuary) between its
two mountains."
(5) CHAPTER. (W hat about) the one who
avoids (runs away) from living in Al -
Madina?
1874. Narrated AbU Hurairah Z I
heard Al l ah's Messenger saying, "The
peopl e wil l l eave Al -Madina in spite of the
beststate itwil l have, and none exceptthe
wil d birds and the beasts of prey wil l l ive in it,
j- AV
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29- THE BOOK ABOUT THE VIRTUES OF AL-MADINA AW AII
JiL - 71
and the l astpersons who wil l die wil l be two
shepherds from the tribe of Muzaina, who
wil l be driving their sheep towards Al -
Madina, butwil l find nobody in it, and
when they wil l reach the val l ey of Thaniya-
tal -W ad', they wil l fal l down on their faces,
dead."
1875. Narrated Sufyan bin Abu Zuhair
I heard Al l ah's Messenger
saying, "Yemen wil l be conquered and some
peopl e wil l migrate (from Al -Madina) and
wil l urge their famil ies, and those who wil l
obey them to migrate (to Yemen), al though
Al -Madina wil l be better for them;if they but
knew. Sham wil l al so be conquered and some
wil l urge their famil ies and those who wil l
obey them to migrate (to Sham), al though
Al -Madina wil l be better for them;if they but
knew. Iraq wil l be conquered an some
wil l urge their famil ies and those who wil l
obey them to migrate (to Iraq), al though Al -
Madina wil l be better for them;if they but
knew. "
(6) CHAPTER. Imdn (Belief) returns and
goes back to Al -Madina.
1876. Narrated AbU Hurairah i
Al l ah's Messenger said, "Veril y, Bel ief
returns and goes back to Al -Madina as a
29 -THE BOOK ABOUT THE VIRTUES OFAL-MAJMNA
-
72
snake returns and goes back to its hol e (when
in danger) . "
(7) CHAPTER. Sin of that person who
betrays and harms the people of Al-Madina.
1877. Narrated Sa'd I heard
the Prophet. saying, "None pl ots against
the peopl e of Al -Madina butthathe wil l he
dissol ved (destroyed) l ike the sal tis dissol ved
in water. '
(8) CHAPTER. The high buildings of Al -
Mathna.
1878. Narrated Usama : Once
the Prophet. stood atthe top of a castl e
amongstthe castl es (or the high buil dings) of
Al -Madina and said, "Do you see whatI see?
(No doubt) I see the pl aces or spots of 41-
Fi ten (trial s and affl ictions) among your
houses (and these Fi tanwi ll he) as
numerous as the spots where rain-drops fal l
(9) CHAPTER. A d-DafIal will not be able to
enter Al -Madina.
1879. Narrated AM Bakra : The
[v'r
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7311
Prophet, said, "The terror caused by A l-
Masi h A d-Dajjl wi ll notenter Al -Madina
and atthattime Al -Madina wil l have seven
gates and there wil l be two angel s ateach gate
(guarding Al -Madina)
Al l ah's Messenger iLhg said, "There are angel s
guarding the entrances (or roads) of Al -
Madina, neither pl ague nor A d-Dajjal can
enter it. "
1881. Narrated Anas bin Mal ik Z ii
The Prophet. said, "There wil l be no town
in which A d-Dajjl wi ll notenter except
Makkah and Al -Madina, and there wil l be
no entrance (road) (of both Makkah and Al -
Madina) butthe angel s wil l be standing in
rows guarding itagainsthim, and then Al -
Madina wil l shake with its inhabitants thrice
(i. e. , three earth-quakes wil l take pl ace) and
Al l ah wil l expel al l the disbel ievers and the
hypocrites from it. "
1882. Narrated AbU Sa'l d Al -Khudrt;
ii: Al l ah's Messenger ;tol d us a l ong
narrative aboutA d-Dajjal, and among the
many things he mentioned, was his saying,
"A d-Dajjal wi ll come and itwil l be forbidden
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29- THE BOOK ABOUT THE VIRTUES OF AL-MADINA &afl - Ti
for him to pass through the entrances of Al -
Madina. He wil l l and in some of the sal ty
barren areas (outside) Al -Madina;on that
day the bestman or one of the bestmen wil l
come up to him and say, 'I testify thatyou are
the same A d-Dajjal whose description was
given to us by Al l Ah's Messenger . ' A d-
DajJ al wi ll say to the peopl e, 'If! kil l this man
and bring him back to l ife again, wil l you
doubtmy cl aim?' They wil l say, 'No. ' Then
A d-L)ajjal wi ll kil l thatman and bring him
back to l ife. Thatman wil l say, 'Now I know
your real ity better than before. ' A d-Dajjal
wil l say, 'I wantto kil l him (again) butI
cannot. "
(10) CHAPTER. Al -Madina expels A l-
Kijabath
(all the evil and bad persons, etc.).
1883. Narrated JAbir ZI A
bedouin came to the Prophet40 and gave
the Bai a (pl edge) for embracing Isl Am. The
nextday he came with fever and said (to the
Prophet
),
"Pl ease cancel my pl edge (of
emigrating to Al -Madina) . " The Prophet
refused (thatrequest) three times and said,
"Al -Madina is l ike a furnace, itexpel s outits
7ythah" (the impurities - evil and bad
persons etc. ) and sel ects the good ones and
makes them perfect. "
1884.
Narrated Zaid bin ThAbitii
i: W hen the Prophetwentoutfor (the
:-]
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battl e of)
Ukiud,
some of his companions
(hypocrites) returned (home). A party of the
bel ievers remarked thatthey woul d kil l those
(hypocrites) who had returned, butanother
party said thatthey woul d notkil l them. So,
this Divine Revel ation was reveal ed:
"Then whatis the matter with you thatyou
are divided into two parties aboutthe
hypocrites. . ." (V. 4:88)
The Prophet

said, "Al -Madina expel s
(the bad) persons from it, as fire expel s the
impurities of iron. "
1885. Narrated Anas Z ii The
Prophetjsaid, "0 Al l ah! Bestow on Al -
Madina twice the bl essings You bestowed on
Makkah."
1886. Narrated Anas LL ii
W henever the Prophet

returned from a
journey and sighted the wal l s of Al -Madina,
he woul d make his mountgo fast, and if he
was on an animal (i. e. , a horse), he woul d
make itgal l op because of his l ove for Al -
Madina.
(11) CHAPTER. The dislike of the Prophet
that AI-Madina should be vacated.
1887. Narrated Anas L . . a;: (The
peopl e of) Ban! Sal ama intended to shiftnear
29- THE BOOK ABOUT THE VIRTUES OF AL-MADINA - 76
the mosque (of the Pi
)
butAl l ah's
Messenger ;disl iked Lo see Al -Madina
vacated and said, "0 the peopl e of Bani
Sal ama! Don'tyou think thatyou wil l be
rewarded for you footsteps which you take
towards the rque?" So, they stayed at
their ol d pl aces.
(12) CHAPTER.
1888. Narn. ted AbU Hurairah L. Zi
The Prophetsaid, "There is a garden from
the gardens of Paradise between my house
and my pul pit, and my pul pitis on my Haud
[Tank (A l-Kzuthar)]".
1889. Narrated 'Aishah ii iW hen
Al l ah's Messenger jM reached Al -Madina,
AbU Bakr and Bil l became il l . W hen AN
Bakr's fever gotworse, he woul d recite (this
poetic verse):
"Everybody is staying al ive with his
peopl e, yetdeath is nearer to him than his
shoe l aces. "
And Bil al , when his fever deserted him,
woul d recite:
"W oul d thatI coul d stay overnightin a
val l ey wherein I woul d be surrounded by
hjjjkJ ji r
and J ali l (kinds of good-smel l ing
grass).
W oul d thatone day I coul d drink the
water of the Majinna, and woul d that(the
two mountains) Shma and Tafeel woul d
appear to me!"
29- THE BOOK ABOUT THE VIRTUES OF AL-MADINA - M
The Prophetsaid, "0 Al l ah. ! Curse
Shaiba bin Rabra and 'Utba bin Rabi'a and
Umaiyya bin Khal af as they turned us outof
our l and to the l and of epidemics. " Al l ah's
Messenger then said, "0 Al l ah! Make us
l ove Al -Madina as we l ove Makkah or even
more than that. 0 Al l ah! Give bl essings in
our ' and our Mudd(measures symbol ising
food) and make the cl imate of Al -Madina
suitabl e for us, and divertits fever towards
Al -Juhfa . "
'Aishah i4 added: W hen we
reached Al -Madina, itwas the most
unheal thy of Al l ah's l ands, and the val l ey of
Buthn (the val l ey of Al -Madina) used to
fl ow with impure, col oured water.
1890. Narrated Zaid bin Asl am thathis
father said, "Umar said, '0 Al l ah!
Grantme martyrdom in Your Cause, and l et
my death be in the city of Your Messenger
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30 THE BOOKOFAS-SAUM
4A T
-
78
30 THE BOOK OFAS-SAUM
(1)
(THE FASTING)
(1) CHAPTER. Fasting is obligatory in (the
month of) Ramadan.
And the Statementof Al l ah
"0, you who bel ieve! Observing A s-aum
(the fasting) is prescribed for you as itwas
prescribed for those before you, thatyou may
become A l-Muttaqun" 2 . [V. 2:183].
1891. Narrated Tal ba bin 'Ubaid-Ul Ih:
A bedouin with unkempthair came to Al l ah's
Messenger 0 and said, "0 Al l ah's
Messenger! Inform me whatAl l ah has
made compul sory for me as regards A -
Salat (the prayer) . " He repl ied: "You have
to perform the five compul sory alat
(Iqamat-A a1at) in a day and night(24
hours), unl ess you wantto offer Nawafi l ."
The bedouin further asked, "Inform me what
Al l ah has made compul sory for me as regards
fasting. " He repl ied, "You have to observe
Saum (fast) during the whol e month of
Ramadan, unl ess you wantto fastmore as
Nawafi l." The bedouin further asked, "Tel l
me how much Zakt Al l ah has enjoined on
me." Thus, Al l ah's Messenger informed
him aboutal l the l aws (i. e. , fundamental s) of
Isl am. The bedouin then said, "By Him W ho
has honoured you, I wil l neither perform any
Nawafi l nor wil l I decrease whatAl l ah has
enoined on me. " Al l ah's Messenger said,
"If he is saying the truth, he wil l succeed (or
said, he wil l be granted Paradise) . "
(1)
(Bk 30) The fasting, i. e. , to notto eator drink or have sexual rel ation etc. from before
the A dhnof the Fajr (earl y morning) prayer til l the sunset.
(2) (Ch. 1)A 1-Muttaqun
means pious and righteous persons who fear Al l ah much (abstain
from al l kinds of sins and evil deeds which He has forbidden) and l ove Al l ah much
(perform al l kinds of good deeds which He has ordained).
30- THE BOOK OFA S-SA UMPJ .12116ja
-
1892. Narrated Ibn 'Umar Li . bt
The Prophetobserved the Saum (fast) on
the 10th of Muharram ('A shura'), and
ordered (Musl ims) to observe Saum (fast)
on thatday, butwhen the fasting of the
month of Ramadan was prescribed, the
fasting of the
'A s.ji ura' was abandoned.
'Abdul l al i did notuse to observe faston
thatday unl ess itcoincided with his routine
fasting by chance.
1893. Narrated 'Aishah (The
tribe of) Quraish used to observe Saum (fast)
on the day of 'A s.hura' in the Pre-Isl mic
Period, and then Al l ah's Messenger
ordered (Musl ims) to observe Saum (fast)
on ittil l the fasting in the month of Ramadan
was prescribed;whereupon the Prophet
said, "He who wants to fast(on 'A hara')
may fast, and he who does notwantto
observe Saum (fast) may notfast. "
(2) CHAPTER. The superiority of A s-Saum
(the fasting).
Al l ah's Messenger said, "Saum (fasting) is
a shiel d (or a screen or a shel ter from the
Hel l -fire(1)). So, the person observing Saum
(fast) shoul d avoid sexual rel ation with his
wife and shoul d notbehave fool ishl y and
impudentl y, and if somebody fights with him
or abuses him, he shoul d say to him twice, 'I
am observing Saum (fast). " The Prophet
added, "By Him in W hose Hands my soul is,
the smel l coming outfrom the mouth of a
person observing aum (fast) is better with
(1) (H. 1894) See Fath A l-Ban.
, ld
.JJ J
[vorA vt' ov :)i]
:La (r)
30- THE BOOK OFA S-SA UM-
80
A1l h than the smel l of musk. (Al l ah says
aboutthe fasting person), 'He has l efthis
food, dnnk ad sexual desires for My sake.
The Saum (tast)i s for Me . So I wil l reward
(the fasting person) for itand the reward of
good deeds is mul tipl ied ten times. "
1.
CHAPTER. As-Saum (the fasting) is an
expntion (for sins).
:1895. Narrated AbU W 'il from
Hudhaifa: 'Umar L$ i
asked the
peopl e, "W ho remembers the narration of
the Prophetijaboutthe A 1-Fi tnah (trial or
affl iction)?" Il udhaifa said, "I heard the
Prophet

saying, 'The A 1-Fi tnah of a person
in his property, famil y and neighbours is
expiated by his Salat (prayer), Saum
(fasting), and giving in charity. " 'Umar
said, "I do notask aboutthat, butI ask
aboutthe A 1-Fi tnah which wil l spread l ike the
waves of the sea." Il udhaifa repl ied, "There
is a cl osed gate in frontof it." 'Umar asked,
"W il l thatgate be opened or broken?" He
repl ied, "Itwil l be broken." 'Umar said,
"Then the gate wil l notbe cl osed again til l
the Day of Resurrection. " W e said to
Masruq, "W oul d you ask IIudhaifa whether
Umar knew whatthatgate symbol ized?" He
asked him and he repl ied "He ('Umar) knew
itas one knows thatthere wil l be nightbefore
tomorrow morning."
(4) CHAPTER. Ar-Raiyn (one of the gates
of Paradise) is for people observing Saum
(fast) people.
1896. Narrated SahI i The
(1) (H. 1894) Al though al l practices of worshipping are for Al l ah jW , here Al l ah )L
singl es outSaum (fasting), because Saum (fast) cannotbe practised for the sake of
showing off as nobody can know whether one is observing Saum (fast) or not, except
Al l ah. Therefore, Saum (fasting) is a pure performance thatcannotbe bl emished with
hypocri sy. (Fati fz A l-Ban)
30-THE BOOK OFA S-SA UMpp.,Wl 6ja -
81
Prophet41tsaid, "There is a gate in Paradise
cal l ed A r-Rai yan, and those who observe
Saum (fasts) wil l enter through iton the Day
of Resurrection and none exceptthem wil l
enter through it. Itwil l be said, 'W here are
those who used to observe Saum (fast)?'
They wil l getup, and none exceptthem wil l
enter through it. After their entry the gate
wil l be cl osed and nobody wil l enter through
it. "
Al l ah's Messenger jW , said, "W hoever gives
two kinds (of things or property) in charity
for Al l ah's Cause, wil l be cal l ed from the
gates of Paradise and wil l be addressed, '0
sl aves of Al l ah! Here is prosperity. ' So,
whoever was amongstthe peopl e who used
to offer their Salat (prayers), wil l be cal l ed
from the gate of the 5a1t; and whoever was
amongstthe peopl e who used to participate
i nJ i hd, wi ll be cal l ed from the gate of J i had;
and whoever was amongstthose who used to
observe fasts, wil l be cal l ed from the gate of
A r-Rai yan; whoever was amongstthose who
used to give A c-adaqa (charity), wil l be
cal l ed from the gate of A s-$adaqa ." Abu
Bakr said, "Letmy parents be
sacrificed for you, 0 Al l ah's Messenger! No
distress or need wil l befal l him who wil l be
cal l ed from those gates. W il l there be any
one who wil l be cal l ed from al l these gates?"
The Prophet;repl ied, "Yes, and I hope
you wil l be one of them."
30- THE BOOK OFAS-SAUM - 82
(5) CHAPTER. Should it be said
"Ramadn" or "the month of Ramadan?"
And whoever thinks that both are
permissible.
And the Prophetsaid, "W hoever
observe Saum (fasts) in Ramadan. " And
al so said, "Do notobserve 5aum before
Ramadan
,,(1)
1898. Narrated Abti Hurairah
Al l ah's Messenger said, "W hen (the
month of) Ramadan begins, the gates of
Paradise are opened."
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1899. Narrated AbU Hurairah
Al l ah's Messenger said, "W hen the month
of Ramadan starts, the gates of the heaven
are opened and the gates of Hel l are cl osed
and the devil s are chained."
1900. Narrated Ibn 'Umar t4 I
heard Al l ah's Messenger saying, "W hen
you see the crescent(of the month of
Ramadan), startobserving aum (fast) and
when you see the crescent(of the month of
Shawwl ), stop observing Saum; and if the
sky is overcast(and you can'tsee it) then
regard the crescent(month) of Ramadan (as
of 30 days). "
(1) (Ch .5)Do notobserve fastone or two days before Ramadan immediatel y, fearing to
miss the rightbeginning of the month. (See Hadi th 1914).
30-THE BOOK OF A S-SA UMr. r83 I
(6) CHAPTER. W hoever observed fast in
Ramadan out of sincere faith (that it is an
enjoined duty), and hoping for a reward
from Allah and with honest intention (i.e.,
only for Allah's sake).
And 'Aishah Zi narrated from the
Prophet0,, "The peopl e wil l be resurrected
(and judged) according to their intentions."
1901. Narrated AbU Hurairah Z i
The Prophetjsaid, "W hoever establ ished
alat (prayer) on the nightof Qadr with
sincere faith and hoping for a reward from
Al l ah, then al l his previous sins wil l be
forgiven;and whoever observes Saum
(fasts) in the month of Ramadan with
sincere faith and hoping for a reward from
Al l ah, then al l his previous sins wil l be
forgiven. "
&
used to be
most generous in the month of Ramadan.
1902. Narrated Ibn 'Abbas Li l
The Prophetwas the mostgenerous
amongstthe peopl e, and he used to be
more so in the month of Ramadan when
Jibril (Gabriel ) visited him, and JibrIl used to
meethim on every nightof Ramadan til l the
end of the month. The Prophetj05 used to
recite the Nobl e Qur'an to Jibril , and when
Jibril methim, he used to be more generous
than the fair wind [sentby Al l ah with
gl ad tidings (rain) in readiness and haste to
30-THE BOOK OF AS-SA UM1
60

do charitabl e deeds. ].
i ii j
4
; s 5CJl ;
pt
.L$i
(8) CHAPTER. W hoever does not give up
lying speech (false statements (i.e., telling
lies) and acting on those while observing
Saum (fast).
1903. Narrated Aba Hurairah
The Prophetsaid, "W hoever does notgive
up l ying speech (fal se statements) and acting
on those l ies and evil actions etc. , Al l ah is
notin need of his l eaving his food and drink
[i. e. , Al l ah wil l notaccepthis Saum
(fasting)]".
[See Fath A l-Ban]
(9) CHAPTER. Should one say, "I am
observing Saum (fast)" on being abused?
1904. Narrated AbU Hurairah 'Al p - Zui
Al l ah's Messenger said, "Al l ah said, 'Al l
the deeds of Adam's sons (peopl e) are for
them, exceptSaum (fasting) which is for Me,
and I wil l give the reward for it. ' Observing
aum (fast) is a shiel d or protection (from the
Hel l -fire and from committing sins). If one of
you is observing Saum (fast), he shoul d avoid
sexual rel ation with his wife and quarrel l ing,
and if somebody shoul d fightor quarrel with
him, he shoul d say, 'I am observing Saum
(fast). ' By Him in W hose Hands my soul is,
the smel l coming outfrom the mouth of a
fasting person is better before Al l ah than the
smel l of musk. There are two pl easures for
P
; L (A)
31
30- THE BOOK OFA S-SA UM. - r. 85
the person observing aum, one atthe time
of Iftr (breaking his fast), and the other at
the time when he wil l meethis Lord;then he
wil l be pl eased because of his 5aum
(fasting) . "
(10) CHAPTER. As-Saum (the fasting) (is
recommended) for those who fear
committing illegal sexual acts, i.e., those
who are unmarried.
1905. Narrated 'Al qma: W hil e I was
wal king with 'Abdul l h i i he said,
"W e were in the company of the Prophet
and he said, 'He who can afford to many
shoul d many, because itwil l hel p him to
l ower his gaze (from l ooking atforbidden
things and other women), and save his
private parts (from committing il l egal sexual
acts etc. ), and he who cannotafford to many
is advised to observe 5aum (fasting), as Saum
(fasting) wil l restrain his sexual power. "
(11) CHAPTER. The statement of the
Prophet "Start observing Saum (fasts)
on seeing the crescent-moon of Ramadan,
and stop observing Saum on seeing the
crescent-moon (of Shawwl).'
And 'Ammr said, "W hoever observes
aum (fasting) on a doubtful day
(l )
is
disobeying Abl -Qasim (i. e. , the Prophet
L4i I: Al l ah's Messenger mentioned
Ramadan and said, "Do notobserve fasting
unl ess you see the crescent-moon (of
Ramadan), and do notgive up fasting til l
-
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(1) (Ch . 11) The doubtful day is the day thatis notcertainl y the firstof Ramadan, but
perhaps the l astof Sha'ban, the preceding month.
30THE BOOK OFA-SAUM
1
86
you see the crescent-moon of (Sawwl ), but
if the sky is overcastand you can'tsee the
moon, then acton estimation (i. e. , count
Sha'bn as 30 days and Ramadan al so as 30
days) . "
L4 : Al l ah's Messenger said, "The
month (can be) 29 nights (i. e. , days), and do
notfasttil l you see the crescent-moon, and if
the sky is overcast, then compl ete Sha'ban as
thirty days. "
1908. Narrated Ibn 'Umar 4 ii
The Prophetsaid, "The month is l ike this
and this," (atthe same time he showed the
fingers of both his hands thrice) and l eftout
one thumb on the third time.
1909. Narrated Ab Hurairah i
The Prophet, or said AbUl -Qasim said
"Startobserving 5aum (fasts) on seeing the
crescent-moon (of Ramadan), and give up
observing Saum (fast) on seeing the crescent-
moon (of Shawwl ), and if the sky is overcast
(and you cannotsee it), compl ete thirty days
of Sha'bn . "
1910. Narrated Umm Sal ama i i
The Prophetvowed to keep al oof from his
wives for a period of one month, and after
the compl etion of 29 days he wenteither in
the morning or in the afternoon to his wives.
Someone said to him "You vowed thatyou
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30 THE BOOK OF A S-MUM- r.
H
87
woul d notgo to your wives for one month ."
He repl ied, "The month is of 29 days. "
1911. Narrated Anas L it Al l ah's
Messenger vowed to keep al oof from his
wives for one month, and he had disl ocation
of his l eg. So, he stayed in a Mashrba for 29
nights and then came down. Some peopl e
said, "Cl Al l ah's Messenger! You vowed to
stay al oof for one month," He repl ied, "The
month is of 29 days. "
[See H. 3781
(12) CHAPTER. The two months of 'Eid do
not decrease.
Narrated Abu 'Abdul l Ah, "Isaq said that
if Ramadan is of 29 days, even then itis
compl ete (in its superiority);Muhammad
said, "Itwil l nothappen thatthere wil l be any
decrease in their number and superiority. "
1912. Narrated AbU Bakra Z : The
Prophetsaid, "The two months of 'Ei d
(i. e. , Ramadan and DhuI-Hijjah), do not
decrease (in superiority). "(')
(1) (H.1912) There are many interpretations of this
Ijadi th,
but the most common one is
this: The good deeds done in these two months are rewarded ful l y whether these
months are of 29 or 30 days. There is no harm if Musl ims unknowingl y startobserving
Saum (fast) on a wrong day, or stay at'Arafatduring Hajj on a day other than the
prescribed one, on condition thatthe crescentshoul d be watched careful l y. For
exampl e, if two persons witness thatthey have seen the crescentand the peopl e observe
Sawn(fasts) or stay at'Arafataccordingl y, and l ater the two witnesses turn to be l iars,
the acts of worshipping performed by the Musl ims wil l notbe rejected by Al l ah. (Fath-
A l-Ban).
30.- THE BOOK OF A S-MUM6J
(13) CHAPTER. The Statement of the
Prophet 01 : "W e neither write nor know
accounts."
1913. Narrated Ibn 'Umar L4
The Prophet1W , said, "W e are an il l iterate
nation;we neither write, nor know accounts.
The month is l ike this and this, i. e. ,
sometimes of 29 days and sometimes of 30
days."
(14) CHAFFER. Not to observe Saum (fast)
for a day or two ahead of Raman.
The Prophetsaid, "None of you shoul d
observe Saum (fast) for a day or two ahead of
Ramadan unl ess he has the habitof observing
Saum (Nawafi l)(and if his fasting coincides
with thatday) then he can observe Saum
(fast) on thatday."
j. . ,: "It is made lawful for you to have sexual
30-THE BOOK OF A S-SA UM- 89
relations with your wives on the night of the U4I J =3 J
As-Saum (the fasts). They are Libs [i.e.,
body cover or screen or Sakan ()
(i.e.,

'you enjoy the pleasure of living with her'
as in the Verse 7:189) Taf sirAt-Tabari], -- --- - - . _-
,,
for you, and you are the same for them. -
Allah knows that you used to deceive
yourselves, so He turned to you (accepted
[
AV -
- 1 -
your repentance) and forgave you. So, now
have sexual relations with them and seek
that which Allah has ordained for you
(offspring)..." (V.2:187)
1915. Narrated A1-Bara'e,:Itwas

--
the custom among the companions of - - - -
Muhammad
thatif any of them was
observing A s-Saum (fast) and the food was C, P-
presented [for Iftar - breaking his Saum - -
(fast)], buthe sl eptbefore eating, he woul d -
- -
noteatthatnightand the fol l owing day til l U2 l
sunset.
,--- , - -
'J U Li Li
Qais bin Sjrma Al -Anari was observing - - -
Saum (fast) and came to his wife atthe time
L
of Iftar and asked her whether she had
- -
Ji LL
La
anything to eat. She repl ied, No, butI -- - - -
woul d go and bring something for you. " He
used to do hard work during the day, so he -
: Li u
- -
was overwhel med by sl eep and sl ept. W hen - -
his wife came and saw him, she said,
J.
LU LLi
"Disappointmentfor you. " W hen itwas - -
midday on the fol l owing day, he fainted and - - - --
the Prophetwas informed aboutthe whol e i Lii . LU Z-. Li
matter;upon which the fol l owing Verses - - - -
were reveal ed: "Itis made l awful for you to

have sexual rel ations with your wives on the . j1
nightof A s-Saum (the fasts). . . "
c-
- -
So they were rejoiced greatl y by it. And

then Al l ah al so reveal ed:

". . . And eatand drink until the white -. ,
'-- - -.
thread (l ight) of dawn appears to you distinct
from the bl ack thread (darkness of night). . . " :)]
['AY:J]
4
(V. 2:187)
[o. A
30- THE BOOK OFA S-SA UM
- 1
90
" . . . And eat and drink until the white
thread (light) of dawn appears to you distinct
from the black thread (darkness of night),
then complete your Saum (fast) till the
nightfall..." (V.2:187)
Narrated A]-Bard' LL. The
Prophet4tsaid as above.
1916. Narrated 'Ad! bin Hatim ii
W hen the fol l owing Verses were reveal ed:
"Until the white thread appears to you
distinctfrom the bl ack thread, I took two
(hair) strings, one bl ack and the other white,
and keptthem under my pil l ow and wenton
l ooking atthem throughoutthe nightbut
coul d notmake anything outof it. So, the
nextmorning I wentto Al l ah's Messenger ;
and tol d him the whol e story. He expl ained
to me, "ThatVerse means the darkness of
nightand the whiteness of dawn. "
1917. Narrated Sahl bin Sa'd: W hen the
fol l owing Verses were reveal ed: ". . . Eatand
drink until the white thread appears to you,
distinctfrom the bl ack thread. . . . . and 'of
dawn' was notreveal ed, some peopl e who
intended to observe Saum (fast), tied bl ack
and. white threads to their l egs and wenton
eating til l they differentiated between the
two. Al l ah then reveal ed the words, 'of
dawn', and itbecame cl ear that, thatmeant
nightand day.
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30 THE BOOK OFA S-SA UMpjdl -
91
(17) CHAPTER. The statement of the
Prophet : The Adhan of Bill should not
stop you from taking Sahr (late-night
meals).
1918, 1919. Narrated 'Aishah
Bil al used to pronounce the A 4anatnight,
so Al l ah's Messenger said, "Carry on
taking your meal s (eatand drink) til l Ibn
Umm MaktUm pronounces the A dhan, for he
does notpronounce ittil l itis dawn."
(18) CHAPTER. Taking the Sahr (late
night meals taken before dawn) hurriedly
(shortly before dawn)
1920. Narrated SahI bin Sa'd Z a: I
used to take my Sahr (l ate nightmeal s taken
before dawn) meal s with my famil y and then
hurry up for presenting mysel f for the Fajr
prayer with Al l ah's Messenger .
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(1) (Ch . 18) They used to take the meal of Sahr (l ate nightmeal s taken before dawn) so
l ate atnightthatthey hurried in eating so thatthey mightoffer the Fajr prayer with
Al l ah's Messenger jW .
30- THE BOOK OFA-SAUM I yLl - r. 92
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(19) CHAPTER. W hat is the interval
between the (end of) Sahr and the Sakt-u1-
Fajr (early morning prayer)?
1921. Narrated Anas Zaid hm
Thbit
said, "W e took the SaI'. ,

(l ate nightmeal s) with the Prophet
.
Tien
he stood forA s-alat (the prayer). " I asked,
"W hatwas the interval between the Sahur
and the
A 4i i an?"
He repl ied, "The interval
was sufficientto recite fifty Verses of the
Qur'an. "
(29) CHAPTER. The Sahur (late night
meals) is a blessing but it is not compulsory.
For the Prophetand his companions
keptobserving fasting continuousl y for more
than one day and (of course) no Sa,i ur (l ate
nightmeal s) was taken (during that
prol onged fast).
1922. Narrated 'Abdul l h The
Prophetobserved fasting for days
continuousl y;the peopl e al so did the same
butitwas difficul tfor them. So, the Prophet
, forbade them (to observe fast
continuousl y for more than one day). They
said, "Butyou observe fastwithoutbreak (no
food was taken in the evening or in the
morning) . 'jThe Prophetrepl ied, "I am
notl ike you, for I am provided with food and
drink (by Al l ah). "
1923. Narrated Anas bin Ml ik i
Tl i e Prophet' said, "Take Sahr (l ate night
meal s) as there is a bl essing in it. "
_, , -
J L. ,
30 THE BOOK OFAS-SAUM - r. 93
(21) CHAPTER. If the intention of observing
Saum (fast) was made in the daytime...
Umm Ad-Darda' said: AbU Ad-Darda'
used to ask, "Do you have food?" If we
answered in the negative, he woul d say,
"Then I am observing Saum (fasting) today. "
AbU Tal l a, Abu Hurairah, Ibn 'Abbs and
Hudhaifa iii did the same.
1924. Narrated Sal ama bin A1-Akwa'
i: Once the Prophet411 ordered a person
on the day of
A sji ura
(the tenth of
Muharram) to announce, "W hoever has
eaten, shoul d noteatany more, but
observe Saum (fast), and who has noteaten
shoul d noteat, butcompl ete his Saum (fast)
(til l the end of the day) . "
(22) CHAPTER. If a person observing Saum
(fast) gets up in the morning in the state of
Janaba [will his Saum (fast) be valid?]
1925, 1926. Narrated 'Aishah and Umm
Sal ama L4L 'W- i Attimes, Al l ah's
Messenger used to getup in the morning
in the state of J anaba after having sexual
rel ations with his wives. He woul d then take a
bath and observe Saum (fast). Marwan said
to Abdur Rahman, "I swear by Al l ah that
you tel l AbU Hurairah that[the Prophet
used to be J unub (in state of J anaba)til l the
dawn, woul d then take a bath and observe
Saum (fast)]. "
[r :_1 [''r\
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30 THE BOOK OFA-SAUM Wa - r.
H
(23) CHAFFER. To embrace while one is
observing Saum (fast).
'Aishah i4 ii said: "A person
observing Saum (fast) is forbidden to have
sexual intercourse."
1927. Narrated 'Aishah The
Prophetused to kiss and embrace (his
wives) whil e he was observing .aum (fast),
and he had more power to control his desires
than any of you.
Jabir bin Zaid said, "If a man gets a
sexual discharge as a resul tof casting a l ook
(athis wife) shoul d compl ete his Saum
(fast) . "
1929. Narrated Zainab, daughter of Umm
Sal ama thather mother said: W hil e I was
(l ying) with Al l ah's Messenger underneath
a wool l en sheet, I gotthe menstruation, and
then sl ipped away and puton the cl othes
(which I used to wear) in menses. He asked,
"W hatis the matter? Did you getyour
menses?" I repl ied in the affirmative and
then entered underneath thatwool l en sheet.
I and Al l ah's Messenger ;used to take a
bath from one waterpotand he used to kiss
me whil e he was observing Saum (fast).
'
L
-a-'
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LU LuJu -
(24) CHAPTER. W hat is said regarding
kissing by a fasting person.
1928. Narrated Hishm's father: 'Aishah
said, "Al l ah's Messenger ;used
to kiss some of his wives whil e he was
observing aum (fast) ," and then she smil ed.
30- THE BOOK OFA S-SA UM- 96
(25) CHAPTER. Taking a bath by a person
Ibn 'Umar L41 soaked a garment
in water and then putitover himsel f whil e he
was observing Saum (fasting). Ash-Sha'bi
entered a bathroom whil e he was observing
Sawn. Ibn 'Abbas said, "There is no harm in
tastine the food of the pots or other meal s.
said, "There is no harm for the
person observing $aurn (fast) to rinse his
mouth with water and to cool his body. " Ibn
Mas'Ud said, "Atthe nightof your fasting
day, you had better oil and comb your hair. "
Anas said, "I had a tub in which I used to sit
whil e observing Saum (fast) . " Itis mentioned
thatthe Prophetcl eaned his teeth with a
Si wak whil e observing Saum (fast), and Ibn
Umar used to cl ean his teeth with Si wk in
the earl y and the l ate hours of the day
withoutswal l owing the resul tantsal iva [whil e
observing Saum (fast)]. 'Al a' said, "The
swal l owing of sal iva does notbreak the
Sawn (fast). " Ibn Sir-in said, "There is no
harm in cl eaning the teeth with a green fresh
Si wdk ." He was tol d thatithad taste. Ibn
Sir-in repl ied, "W ater al so has taste;yetyou
peopl e rinse your mouth with it." Anas, Al -
Uasan and Ibrahim did notsee any harm in
smearing one's eyes with kohl whil e observing
Saurn(fast).
1930. Narrated 'Aishah : (At
times) in Ramadan the Prophetused to be
in a state of J anba notbecause of a wet
dream, then he woul d take a bath and
continue his Saum fast).
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4.
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l j15 :i
30- THE BOOK OF A S-SA UM
-
97j
1931. Narrated Abfl Bakr bin 'Abdur-
Rahmn: My father and I wentto 'Aishah
and she said, "I testify thatAl l ah's
Messenger ;attimes used to getup in the
morning in a state of J anaba from sexual
intercourse, notfrom a wetdream and then
he woul d observe Saum (fast) thatday."
1932. Then he wentto Umm Sal ama and
she al so narrated a simil ar thing.
(26) CHAPTER. If a person observing Saum
(fast) ate or drank forgetfully (should he
observe Saum another day in lieu of that
day)?
'Ata' said, "There is no harm if water goes
in the throatand one is unabl e to bring itout
whil e putting itin the nose and then bl owing
itout. "
Al -Uasan said, "If a fl y enters one's throat
(whil e one is observing Saum), there is no
harm in it. " Al -I1asan and Mujhid said, "If
one has sexual intercourse forgetful l y (with
one's wife) then no penal ty wil l be imposed
on him. "
The Prophetsaid, "If somebody eats or
drinks forgetful l y then he shoul d compl ete
his Saum (fast), for whathe has eaten or
drank, has been given to him by Al l ah. "
30 - THE BOOK OFAS-SAUM 98
(27) CHAPTER. Dry or green Siwak for the
person observing Saum (fast).
Narrated 'Amir bin RabI'a: I saw the
Prophetcl eaning his teeth with Si wak
whil e he was observing $aum (fast) so many
times as I can notcount.
Narrated AbU Hurairah: The Prophet
said, "Butfor my fear thatitwoul d be hard
for my fol l owers, I woul d have ordered them
to cl ean their teeth with Si wk on every
performance of abl ution. " The same is
narrated by Jbir and Zaid bin Khl id from
the Prophetwho did notdifferentiate
between a fasting and a non-fasting person in
this respect(using Si wak).
'Aishah said, "The ProphetiJ said, 'It
(i. e. , Si wak)i s a purification for the mouth
and itis a way of seeking Al l ah's Pl easures. "
At' and Qatada said, "There is no harm in
swal l owing the resul tantsal iva
1934. Narrated Humrn: I saw 'Uthman
ui performing abl ution;he washed his
hands thrice rinsed his mouth and then
washed his nose, by putting water in itand
then bl owing itout, and washed his face
thrice, and then washed his rightforearm up
to the el bow thrice, and then the l eftforearm
up to the el bow thrice, then smeared his head
with water, washed his rightfootthrice, and
then his l eftfootthrice and said, "I saw
Al l ah 's Messenger performing abl ution
simil ar to my presentabl ution, and then he
said, 'W hoever performs abl ution l ike my
presentabl ution and then offers two Rak'a in
which he does notthink of worl dl y things, al l
his previous sins wil l be forgiven. "
30 THE BOOK OFA S-SA UM 6
.
ja - r.
-- a -
L
(28) CHAPTER. The statement of the ti
J
aL (''A)
Prophet : "W hoever performs ablution - . - -
f -
should put water in his nose and then blow it
out." The Prophet , did not differentiate
between the fasting and non-fasting person - -
(in this respect). -
Al -Hasan said, "There is no harm for a L
person observing Saum (fast) (in this
respect). -
Al -Hasan said, "There is no harm for a
j 3
1 Uz J'ij
person observing Saum (fast) to use snuff if it 4'. -
i
---------- does notreach the throat, or to smear his -
eyes with kohl . "
)
iL. J
3
'AtA' said, "If a person observing Saum - . . - -
U
LLl J
(fast), after rinsing his mouth with water, -
- -
-
throws itout, then;there is no harm, unl ess ,k'J' I
j. ,
he swal l ows his sal iva and whatis l eftin his
mouth. And he shoul d notchew gum , for if '
he swal l ows his sal iva, I do notsay thatitwil l
break his Saum (fast), butitis prohibited,
and if, during the putting of water in the nose
and then bl owing itout, some water enters
the throatand he is unabl e to bring itback,
there is no harm in that. "
(29) CHAPTER. W hoever has a sexual
)
i- :L
()
intercourse with his wife in Ramadn, -
(intentionally, he has to pay expiation). -
Narrated AbU Hurairah on the authority
)
j
of the Prophet, "W hoever did notobserve - - -
Saum (fast) for one day of Rama l n without

genuine excuse or a disease, then even if he
3S
4...ai
observed Saum (fast) for a compl ete year, it-- - - - - - -
woul d notcompensate for thatday. " The
same is narrated by Ibn Mas'Ud.
Sa'id bin Al -Musaiyab, Ash-Sha'bi, Ibn I- - - -
(1) (Ch . 28) The question here means: after emptying the mouth of water there is nothing
l eftin it, so there is no harm if one swal l ows his sal iva.
:
30-THE BOOK OFAS-SAUM
Jubair, Ibrahim, Qatda and Uammad said,
"He shoul d observe $aum (fast) one day in
l ieu of thatmissed day. "
1935. Narrated 'Aishah LL A
man came to the Prophet and said thathe
had been burnt(ruined). The Prophet
asked him whatis the matter. He repl ied, "I
had sexual intercourse with my wife in
Rarna l n [whil e I was observing Saum
(fast). " Then a basketful l of dates was
broughtto the Prophetand he asked,
"W here is the burnt(ruined) man?" He
repl ied, "I am present. " The Prophettol d
him to give thatbasketful l of dates in charity
(as expiation).
(30) CHAPTER. If somebody had a sexual
intercourse with his wife in Ramadn and
has got nothing, then if he is given
something in charity, he should give the
expiation of that sinful act.
W hil e we were sitting with the Prophet4-T. a
man came and said, "0 Al l ah's Messenger! I
have been ruined. " Al l Ah's Messenger
asked whatwas the matter with him. He
repl ied, "I had sexual intercourse with my
wife whil e I was observing Saum (fast). "
Al l ah's Messenger ii-T asked him, "Can you
afford to manumita sl ave?" He repl ied in the
negative. Al l ah's Messenger ;asked him,
"Can you observe Saum (fast) for two
successive months?" He repl ied in the
negative. The Prophet;asked him, "Can
you afford to feed sixty poor persons?" He
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30 THE BOOK OFA -SA UM
Pjdl
repl ied in the negative. The Prophet
;
kept
sil entand whil e we were in thatstate, a big
basketful l of dates was broughtto the
Prophet Otr,. He asked, "W here is the
questioner?" He repl ied, "I (am here). "
The Prophet 0z, said (to him), "Take this
(basketof dates) and give itin charity. " The
man said, "Shoul d I give itto a person poorer
than I? By Al l ah;there is no famil y between
its (i. e. , Al -Madina's) two mountains who
are poorer than L" The Prophetsmil ed til l
his premol ar teeth became visibl e and then
said, "Feed your famil y with it. "
(31) CHAPTER. Can a person who has had
sexual intercourse (with his wife) in
Ramadn feed his family from things given
as expiation of his sin if they are needy?
A man came to the Prophetand said, "I
had sexual intercourse with my wife in
Ramadan [whil e observing Saum
(fasting)]. ' The Prophet. asked him,
Can you afford to manumita sl ave?" He
repl ied in the negative. The Prophet. asked
him, "Can you observe Saum (fast) for two
successive months?" He repl ied in the
negative. He asked him, "Can you afford to
feed sixty poor persons?" He repl ied in the
negative. (AbU Hurairah added): Then a
basketful l of dates was broughtto the
Prophet, and he said (to thatman),
"Feed (poor peopl e) with this on your
30 TIlE BOOK OFAS-SAUM
P#. 031 6ja - 102

behal f (by way of expiation) . " He said,
"(Shoul d I feed it) to poorer peopl e than
we? There is no poorer house than ours
between its (Al -Madina's) mountains." The
Prophetsaid, "Then feed your famil y with
it. "
(32) CHAPTER. Cupping (letting out blood
medically) and vomiting of a person
Narrated AbU Hurairah ii a: "If a
person observing Saum (fast) vomits, that
does notbreak his Saum (fast), for whil e he
vomits he expel s something and does not
swal l ow anything. "
Itis mentioned from A1,J) Hurairah that
vomiting breaks the Saum (fast), butthe
former narration is more authentic. Ibn
'Abbas and 'Ikrima said, "Observing aum
(fast) means to stop taking food in, not
taking itout. " And Ibn 'Umar i
used to be cupped whil e he was observing
Saum (fast) butl ater on he abandoned itand
began to be cupped atnight. AbU MUsa was
cupped atnight. Itis narrated thatSa'd, Zaid
bin Arqam and Umm $al ama were cupped
whil e observing Sawn (fast). BukAir said:
Unim Aiqama, said: "W e used to be cupped
[during observing aum (fast)] in 'Aisha's
presence and she did notobject. Al -Uasan
and others narrate on the authority of the
Prophet, "The cupping and the cupped
persons break Saum (fast) on practising this
operation whil e Saum (fast). " 'Aishah tol d
me (A1-Bukhri) that'Abdul -A'15, narrated
from YUnus from Al -Hasan as above.
Somebody asked him, "W as thatstatement
reported from the Prophetk?"He repl ied,
"Yes," and then added, "Al l ah knows
better. "
30- THE BOOK OFAS-SAUM
1938. Narrated Ibn 'Abbas L
The Prophetwas cupped whil e he was in
the state of Ihram, and al so whil e he was
observing a aum (fast). (')
4 i
The Prophetwas cupped whil e he was
1940. Narrated ThabitAl -BunanI: Anas
bin Mal ik Z i was asked whether they
disl iked the cupping for a person observing
Saum (fast). He repl ied in the negative and
said, "Onl y if itcauses weakness."
Narrated Shu'bah: In the l ifetime of the
Prophet
(33) CHAPTER. To observe Saum (fast) or
not to observe Saum during journeys.
1941. Narrated Ibn AN Afa
W e were in the company of Al l ah's
Messenger on a journey. He said to a
(1) (H. 1938) Hadi th No. 1938 contradicts the Hadi th of Al -Il asan. Apparentl y the Musl im
jurists have given various interpretations to discard this contradiction: Ash-Shfi'i says,
"Both A hadi th are correct, butthe one narrated by Ibn 'Abbas is stronger as regards its
series of narrators;yetitis better to avoid cupping whil e observing Saum (fast). Butthe
verdictis to be taken from the Hadi th of Ibn 'Abbas. I have the knowl edge thatthe
Prophet's Companions and their fol l owers and al l Musl im schol ars think thatcupping
does notbreak one's Saum
Ibn IIazm thinks thatAl -kl asan's Hadi th i s inval idated by another authentic Hadi th
narrated by AbU Sa'id which goes: "The Prophetpermitted cupping for person.
observi ngSaum (fast)" (Fath A l-Ban).
man, "Getdown and mix Sawi 1 (powdered :LLJ
roasted barl ey or wheatgrain) with water for -, - - - - -
"The me. " The man said, sun (has notset

yet)
'(2)
0 Al l ah's Messenger" The Prophet
. (()
-I3 JIi
:
J. -)
JI. . i
0
again said to him, "Getdown and mix
,,
-. - - , - -
Sawi q with water for me. The man again - -
said, "0 Al l ah's Messenger! The sun"! The 4u I
J,. . . ,
L
JI3 (( c) J))
Prophetsaid to him (for the third time),
- -
C
"Getdown and mix Sawi q with water for
'! - - -
me. " The man dismounted and mixed Sawi q 0L
L
with water for him. The Prophet

drank it - -
- '- :ju J J) J
and then beckoned with his hand (towards
J
- --
the east) and said, "W hen you see the night
U. LJ I i1i Ld
fal l ing from this side, then a person observing - - -
Sau, (fast) shoul d break his Saum (fast)".

:Ji
1942. Narrated 'Aishah LL & t -
Hamza bin 'Amr Al -Asl ami said "0 - - - -
'
r
L '
Al l ah's Messenger! I observe Saum (fast)
continuousl y. "
J
L :J
1943. Narrated 'Aishah LL ii the
wife of the Propheth: Uamza bin 'Anir Al - - . - . -
L
"Shoul d Asl ami asked the Prophet, I
observe Saum (fast) whil e travel l ing?" The .
Prophetrepl ied, "You may observe Saum - -- - -
31 1
Y' L)
(fast) if you wish, and you may notobserve
Saum (fast) if you wish." : LU
J U
Lfl
-
- - -
. JU. i
[\t
(1) (14. 1941) Sawi q: See Gl ossary.
(2) (1-1. 1941) His saying: "The sun (has notsetyet)" indicates thatthe Prophetwas
observing Saum (fast) and the man meantthatthe time of lftr (breaking the Saum)was
notdue.
30- THE BOOK OF A S-SA UM6
0
i ts - r. 105
(34) CHAPTER. If a person observed Swim
(fast) some days of Ramadan and then went
on a journey (is it permissible for him to
break his Saum).
t l :,L.a (r I)
1944. Narrated Ibn 'Abbas L4: ii
Al 1h's Messenger setoutfor Makkah in
Ramadan and he observed Saum (fast), and
when he reached Al -Kadid, he broke his
Saum (fast) and the peopl e (with him) broke
their Saum (fast) too.
(Abti 'Abdul l h said, "Al -Kadid is a l and
covered with water between 'Usfn and
Qudaid. ")
L
r
3L
L
. )i )J
. - --
La-&J I
I :

tVA.tVVciYVI LMO 4 YAor
(35) CHAPTER.
1945. Narrated AbU Ad-Darda'
i: W e setoutwith Al l ah's Messenger on
one of his journeys on a very hotday, and it
was so hotthatone had to puthis hand over
his head because of the severity of heat.
None of us was observing aum (fast) except
the Prophetand Ibn Rawaba.
(36) CHAPTER. The saying of the Prophet
to the person observing Saum (fast) who
was being shaded on a very hot day, "It is not
from AI -Birr (righteousness) to observe As-
Saum (the fast) on a journey."
:l41i.
30- THE BOOK OFA S-SA UMP.4,wl 60a
- 0
106
1946. Narrated Jabir bin 'Abdul l h i
L4i: Al l ah's Messenger 0, was on a journey
and saw a crowd of peopl e, and a man was
being shaded (by them). He asked, "W hatis
the matter?" They said, "He (the man) is
observing aum (fast) . " The Prophet

said,
"Itis notfrom A l-Bi rr (righteousness) to
observe A s-Saum (the fast) on a journey
(1)
(37) CHAPTER. The Companions of the
Prophet did not criticize each other for
observing Saum (fast) or not observing Saum
(fast) (on journeys).
1947. Narrated Anas bin Ml ik Z
W e used to travel with the ProphetjL&5 and
neither did the persons observing aum (fast)
criticize those who were notobserving aum
(fast), nor did those who were notobserving
Saurn (fast) criticize the ones who were
(38) CHAPTER. W hoever broke his Saum
(fast) on a journey (publicly) so that people
might see him.
1948. Narrated Tawus: Ibn 'Abbas ii
L4i setoutfrom Al -Madina to Makkah and
he observed Saum (fast) til l he reached
'Usfan, where he asked for water and raised
his hand to l etthe peopl e see him, and then
(1) (H. 1946) The A hadi th of this chapter show thatitis permissibl e for one to observe
Saum (fast) or break his Saum whil e travel l ing. Butitis recommended for a heal thy,
strong person to observe Saum, whereas a weak or sick person is recommended notto
observe Saum (fast). The saying of the Prophet, "Itis notfrom A 1-Bi rr
(righteousness) to observe Saum (fast) on a journey," is appl icabl e to a particul ar
case, i. e. , when one is so weak or sick thatobserving Saum (fast) woul d harm him. In
such case one has to break his Saum (fast), for Al l ah does notl ike His devotees to harm
themsel ves needl essl y.
30 THE BOOK OFA S-SA UM- r. 107
broke the Saum (fast), and did notobserve
Saum (fast) after thattil l he reached
Makkah, and thathappened in Ramadan.
Ibn 'Abbas used to say, "Al l h's
Messenger ;(sometimes) observed Saum
(fast) and (sometimes) did notobserve Saum
(fast) during the journeys, so whoever wished
notto observe Saum (fast), coul d do so
(39) CHAPTER. (The Statement of Allah
)t): "And as for those who can fast with
difficulty (e.g. the aged etc.) they have (a
choice either to fast or) to feed a Miskin (poor
person) (for every day) (V.2:184)
Ibn 'Umar and Sal ama bin Al -Akwa' said
thatthe provision of the above Verse was
abrogated by the fol l owing Verse:
"The month of Ramadan in which was
reveal ed the Qur'an. . (up to). . for having
guided you, so thatyou may be grateful to
Him. " (V. 2:185).
Narrated Ibn AN Lail a: The companions
of ProphetMuhammad nj;: said thatwhen
observing aum (fast) in Ramadan was
prescribed (for the firsttime), they coul d
notendure it. So, whoever fed a poor person
every day (of Ramadan) did notobserve
Saum (fast) [al though he had the power to
observe Saum (fast)], and was permitted to
do so. Then this order was cancel l ed by the
Verse: ". . . And thatyou observe Saum (fast)
(1) (Ch . 39) The Verse is interpreted in two ways. Itmay mean: Those who are abl e to
observe Saum (fast) butdo notwish to fast, shoul d give Fi dya. The schol ars who
interpretthe verse in this way say thatthe provision of this verse was abrogated by
another verse where al l Musl ims were ordered to observe Saum (fast). Other schol ars
interpretthe Verse as meaning: Those who are abl e to observe fastonl y with great
difficul ty l ike very ol d peopl e or a woman who has to nurse her newl y born chil d, etc. ,
are permitted notto observe fastand give the Fi dya in recompensation. Ibn 'Umar
gives the firstverdictbutIbn 'Abbas thinks thatthe second is the rightone. (Fath A l-
Ban).
30- THE BOOK OFA S-SA UM
- 1
108
is better for you. " (V. 2:184), so they were
ordered to observe Saum (fast).
1949. Narrated Nafi': Ibn 'Umar
.4i recited the Verse: "They had a choice
either to observe Saum (fast) or to feed a
poor person for every day, and said thatthe
order of this Verse was cancel l ed.
(40) CHAPTER. W hen to make up for the
missed days of fasting of Ramadan.
Ibn 'Abbas L I said, "There is no
harm to observe fasting intermittentl y, as the
Statementof Al l ah shows: ". . . The
same number [of days which one did not
observe Saum (fasts) mustbe made up] from
other days. . . "
Sa'id bin A1-Musaiyab said: "The ten days
of Saum (fasting) (as Nawafi l of Dhul -Hijjah)
shoul d notbe observed til l the fasting in l ieu
of the missed days of Ramadan were
compl eted."
Ibrahim said: "If somebody did not
observe Saum (fast) in l ieu of the missed
days of Ramadan til l the nextRamadan
came, then he shoul d observe Saum (fast)
the presentRamadan and then the missed
days of the previous Ramadan." Ibrahim did
notthink thatthatperson shoul d feed the
poor (as Fi dya).
Narrated AbU Hurairah indirectl y on the
authority of the Prophetand Ibn 'Abbs
thathe shoul d feed the poor. ButAl l ah does
notmention the feeding of the poor butonl y
says:: ". . . The same number [of days which
one did notobserve Saum (fasts) mustbe
made up] from other days. .
1950. Narrated 'Aishah LL ZI
Sometimes I missed some days of
6
.
J4 - r. 109
Ramadan, butcoul d notobserve Saum (fast)
in l ieu of them exceptin the month of
Sha'ban . " YayA, (a subnarrator) said, "She
used to be busy serving the Propheta."
(41) CHAPTER. The menstruating women
should leave the Saum (fast) and As-Salat
(the prayer).
Abu Az-Zinad said, "Very often the
Sunna (l egal ways) and the truth go against
the opinions, and for the Musl ims there is no
way outexceptto fol l ow the truth and the
Sunna (l egal ways) of the Prophet0,, and an
exampl e of thatis thata menstruating woman
shoul d observe Saum (fast) in l ieu of her
missed Saum, butshe is notto offer the Salat
(prayer) in l ieu of her missed Salat."
1951. Narrated Ab Sa'id $ i The
Prophetsaid, "Isn'tittrue thata woman
does notoffer Salat (prayer) and does not
observe Saum (fast) on menstruating? And
thatis the defect(a l oss) in her rel igion."
(42) CHAPTER. W hoever died and he ought
to have observed Saum (fast) (the missed
days of Ramadan, can somebody else
observe Saum instead of him?)
Al -Hasan said, "If thirty men observe
Saum (fast) one day on his behal f then itwil l
be sufficient."
1952. Narrated 'Aishah Li$ Zi
Al l ah's Messenger said, "W hoever died
and he oughtto have observed Saum (fast)
30.- THE BOOK OFAS-SAUM
pjdl yUS- r. 110
(the missed days of Ramadan) then his
guardians mustobserve Saum (fast) on his
behal f. "
1953. Narrated Ibn 'Abbas 4 A
man came to the Prophetand said, "0
Al l ah's Messenger! My mother died and she
oughtto have observed Saum (fast) one
month (for her missed Ramadan). Shal l I
observe 5aum on her behal f?" The Prophet
repl ied in the affirmative and said,
"Al l ah's debts have more rightto be paid . "
Sul aiman said: Al -Hakam and Sal ama
said: W e were al l there when Musl im
narrated this Iladi th.
They said: W e heard
Mujahid saying this on Ibn 'Abbas' authority,
and the authority of AN Khal id that: Al -
A'mash tol d AN Khal id on the authority of
Al -Hakam and Musl im Al -Batin and Sal ama
bin Kuhail who heard Sa'id bin Jubair, Ata
and Mujahid thatIbn 'Abbas said.
In another narration a woman is reported
to have said, "My sister died and Yahya and
AbU Mu'awiya on the authority of Al -A'mash
who said on the authority of Sa'l d who said he
heard Ibn 'Abbas saying, "A woman said to
the Prophet4jr, 'My mother died. . . '" and
Ubaidul l h bin 'Amr on the authority of Zaid
bin Abi Unaisa who was tol d by Al -Hakam
who was in turn tol d by Sa'id who reported
Ibn 'Abbas said, ": A woman said to the
Prophet, 'My mother died and she had
vowed to observe Saum (fast) butshe didn't
30 THE BOOK OFAS-SAUM iI 6ja - r.
0
observe Saum (fast). " In another narration
Ibn 'Abbas is reported to have said, "A
woman said to the ProphetjW ,, 'My mother
died whil e she oughtto have observed Saum
(fast) for fifteen days. '
(43) CHAPTER. W hen should the person
observing Saum (fast) break his Saum (fast)?
And AbU Sa'id Al -Khudri broke his Saum
(fast) as soon as the sun's disc set
(disappeared).
1954. Narrated 'Umar bin Al -Khattb
. 0 Al l ah's Messenger
ij
said,
"W hen nightfal l s from this side and the
day vanishes from this side and the sun sets,
then the person observing aum (fast) shoul d
break his Saum (fast)".
1955. Narrated 'Abdul l h bin AN AUfA
W e were in the company of the
Propheton a journey and he was observing
Saum (fast), and when the sun set, he
addressed somebody, "0 so-and-so, getup
and mix Sawtq with water for us. " He
repl ied, "0 Al l ah's Messenger! (W il l you
wait) til l itis evening?" The Prophetsaid,
"Getdown and mix Sawi qwith water for us
. L
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He repl ied, "0 Al l ah's Messenger! (If you
wait) til l itis evening." The Prophetsaid
again, "Getdown and mix Sawi qwith water
for us. " He repl ied, "Itis stil l daytime. " 1
The Prophetsaid again, "Getdown and
mix Sawi qwith water for us. " He gotdown
nd mixed Sawi qfor them. The Prophet
drank itand then said, "W hen you see night
fal l ing from this side, the fasting person
shoul d break his Saum (fast) . "
(44) CHAFFER. If tir [to break the Saum
(fast)] with the available water or anything
else.
1956. Narrated 'Abdul l ah bin Abi Aufa
W e were travel l ing with Al l Ah's
Messenger and he was observing aum
(fast), and when the sun set, he said to
(someone), "Getdown and mix Sawi qwith
water for us. " He repl ied, "0 Al l Ah's
Messenger! (W il l you wait) til l itis
evening?" The Prophet;again said, "Get
down and mix Sawi qwith water for us. " He
repl ied, "0 Al l ah's Messenger! Itis stil l
iaytime. " The ProphetjW , said again, "Get
down and mix Sawi qwith water for us. " So,
he gotdown and carried outthatorder. The
Prophetthen said, "W hen you see night
fal l ing from this side, the person observing
Saum (fast) shoul d break his Saum (fast)"
and he beckoned with his finger towards the
east.
(45) CHAPTER. To hasten the If tr
[breaking of the fast].
1957. Narrated Sahl bin Sa'd: Al l ah's
(1) (H. 1955) Perhaps thatcompanion of the Prophetthoughtthatthe sun had notset
butwas stil l hidden behind a hil l or the l ike, or itwas cl oudy and thus was notsure of
the setting of the sun. (Fat/i A l-Ban)
kT r'-
30-THE BOOK OF A S-SA UM
Messenger ;said, "The peopl e wil l remain
on the rightpath as l ong as they hasten the
Iftar [breaking of the Saum (fast)] . "
1958. Narrated Ibn AN AUfa 4$ Zi
I was with the Propheton a journey, and
he observed the Saum (fast) til l evening. The
Prophetsaid to a man, "Getdown and mix
Sawi qwith water for me." He repl ied, "W il l
you waittil l itis evening?" The Prophetij
said, "Getdown and mix Sawi qwith water
for me;when you see nightfal l ing from this
side, the person observing aum (fast)
shoul d Iftar [break his Saum (fast)] . "
(46) CHAPTER. If somebody Af tara [breaks
the Saum (fast)], thinking that the sun has
set and then sees the sun still visible.
[Should he make up for that Saum?)
1959. Narrated AbU Usma: HishAm bin
'Urwa said on the authority of Fatima: Asma
bintAN Bakr L. . 4 said, "W e broke
our fast(Iftar) during the l ifetime of the
Propheton a cl oudy day and then the sun
appeared. " Hishm was asked, "W ere they
ordered to observe fasting in l ieu of that
day?" He repl ied, "Ithad to be made up
for. " Ma'mar said, "I heard Hishm saying,
"I don'tknow whether they observed fasting
in l ieu of thatday or not. ".
[See Fati A l-Ban]
(47) CHAPTER. Saum (fasting) of boys
(children etc.)
And 'Umar ;said to a drunk in
the month of Ramadan, "W oe to you!
30-THE BOOK OFAS-SAUM - 114
(Even) our boys (chil dren etc. ) are observing
Saum (fast) (and you are drunk!)" And then
he gave him the l egal punishment.
1960. Narrated Ar-Rubai' hint
Mu'awwidh: The Prophetsenta
messenger to the vil l age of the A nr in the
morning of the day of
'A sji ura'
(10th of
Muharram) to announce: "W hoever has
eaten something shoul d noteatbut
compl ete the Saum (fast), and whoever is
observing the Saum (fast) shoul d compl ete
it." She further said, "Since then we used to
observe Saum (fast) on thatday regul arl y and
al so make our boys (chil dren etc. ) to observe
fasting. W e used to make toys of wool for the
boys (chil dren etc. ) and if anyone of them
cried for food, he was given those toys til l it
was the time of the Iftr [breaking of the
Saum (fast)]".
(48) CHAPTER. A l-Wi th! [i.e., to observe
Saum (fast) continuously without eating or
drinking anything by day or night, may be
for a day or two or more].
And whoever says thatthere is no Saum
(fast) atnightaccording to the Statementof
Al l ah j. -, "Then compl ete your fasttil l the
nightfal l . . . . . (V. 2:187). And the ProphetjW
forbade it(i. e. , A l-Wi sal)with mercy to them
(Musl ims) and to keep them heal thy. And
whatis hated as regards excessive practices of
worshipping.
1961. Narrated Anas Zr', The
Prophetsaid, "Do notpractise A 1-Wi a1
[fasting continuousl y withoutbreaking one's
auni (fast) in the evening or eating before
the fol l owing dawn] . " The peopl e said to the
Prophet, "Butyou practise A l-Wi sal?"
The Prophetrepl ied, "I am notl ike any of
you, for I am given food and drink (by Al l ah)
during the night."
30THE BOOK OFA S-SA UM- 115
L. 4 l : Al l ah's Messenger forbade A l-
W ical . The peopl e said (to him), "Butyou
practise it?" He said, "I am notl ike you, for I
am given food and drink (by Al l ah) . "
1963. Narrated AbU Sa'id Z i that
he had heard the Prophetsaying, "Do not
Saum (fast) continuousl y (i. e. , do not
practise A l-Wi sal), and if you intend to
l engthen your Saum (fasting period), then
carry iton onl y til l the Sahar (before the
fol l owing dawn). " The peopl e said to him,
"Butyou practise (A l-Wi sl), 0 Al l ah's
Messenger!" He repl ied, "I am notsimil ar
to you, for during nightI have One W ho
makes me eatand drink. "
1964. Narrated 'Aishah LL i
Al l ah's Messenger forbade A 1-WLyal with
mercy to them. They said to him, "Butyou
practise A l-Wi sal?" He said, "I am not
simil ar to you, for my Lord gives me food
and drink. "
Abdul l h said thatUthman did not
mention: "Mercy to them (towards the
companions."
(49) CHAPTER. The punishment for the
person who practises Al-Jsl very often.
30- THE BOOK OFA S-SA UM- r. 116
This is narrated by Anas on the authority
of the Prophet4h.
1965. Narrated AbU Hurairah i .0
Al l ah's Messenger

forbade A 1-Wi ca1 in
observing As-Saum (the fasts). So, one of the
Musl ims said to him, "Butyou practise A l-
Wi sal, 0 Al l ah's Messenger!" The Prophet
jLk repl ied, "W ho amongstyou is simil ar to
me? i[ am given food and drink during night
by my Lord. " So, when the peopl e refused to
stop A 1-Wi a1 (fasting continuousl y), the
ProphetjW , observed Saum (the fast) day
and nightcontinuousl y al ong with them for a
day and then another day and then they saw
the crescent-moon (of the month of
Shawwl ). The Prophetsaid to them
(angril y), "If it(the crescent) had not
appeared, I woul d have made you observe
Saurn for a l onger period. " Thatwas as a
punishmentfor them when they refused to
stop (practising A 1-Wi sl).
[See Fath A l-Ban]
1966. Narrated AbU Hurairah Z .0
The Prophet;said twice, "(0 you peopl e)
Be cautious! Do notpractise A 14V1.yl." The
peopl e said to him, "Butyou practise A l-
W'i yal?" The ProphetjW repl ied, "My Lord
gives me food and drink during night. Do
thatmuch of deeds which are within your
abil ity. "
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(50) CHAPTER. To observe Saum (fast)
continuously day and night (A1-W441) till the
time of Sahar (last part of night).
1967. Narrated AbU Sa'id Al -Khudri
Zp u: Al l ah's Messenger said, "Do not
observe Saum (fast) continuousl y day and
--41
'v,-
:
30 THE BOOK OFA S-SA UM
pjdl 604 - 117
night(i. e. , do notpractise A l-Wi .yal) and if
anyone of you intends to Saum (fast)
continuousl y day and night, he shoul d
continue til l the Sahar (before the fol l owing
dawn). " They said, "Butyou practise A l-
Wi sal, 0 Al l ah's Messenger!" The Prophet
;said, "I am notsimil ar to you;during
nightI have One W ho makes me eatand
drink."
(51) CHAPTER. If someone forces his
Muslim brother to break his (Nawaf ll) fast,
by giving him an oath, the person observing
Saum (fast) has not to observe Saum (fast) in
lieu of it if the giving up of the Saum was
better for him.
1968. Narrated Ab Jul aifa : The Prophet
made a bond of brotherhood between
Sal man and Abn Ad-Dard. ' Sal man paid a
visitto AbU Ad-DardA' and found Umm Ad-
Darda' dressed in shabby cl othes and asked
her why she was in thatstate. She repl ied,
"Your brother Ab Ad-Dard' is not
interested in (the l uxuries of) this worl d. "
In the meantime Abfl Ad-DardA' came and
prepared a meal for Sal man. Sal man
requested Aba Ad-DardA' to eat(with
him), butAba Ad-Darda said, "I am
observing Saum (fast) . " Sal man said, "I am
notgoing to eatunl ess you eat. " So, Ab Ad-
Darda' ate (with Sal man). W hen itwas night
and (a partof the nightpassed), AbU Ad-
Dard' gotup (to offer the nightprayer), but
Sal man tol d him to sl eep and AbU Ad-Dard'
sl ept. After sometime AbU Ad-Dard' again
gotup butSal man tol d him to sl eep. W hen it
was the l asthours of the night, Sal man tol d
him to getup then, and both of them offered
the Salat (prayer). Sal man tol d AbU Ad-
Darda', "Your Lord has a righton you, your
30- THE BOOK OFAS-SAUM pjdl 61
ownsel f has a righton you, and your famil y
has a righton you;so you shoul d give the
rights of al l those who has a righton you. "
Abu Ad-DardA' came to the Prophetand
narrated the whol e story. The Prophet
said, "Sal man has spoken the truth."
' 4L
L
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(52) CHAPTER. Saum (fasting) in the
month of Sha'bn.
1969. Narrated 'Aishah L4L ZI
Al l ah's Messenger used to observe Saum
(fast) til l one woul d say thathe woul d never
stop observing aum (fast), and he woul d
abandon Saum (fast) til l one woul d say that
he woul d never observe Saum (fast). I never
saw Al l ah's Messenger jW observing Saum
(fast) for a whol e month exceptthe month of
Ramadan, and did notsee him fasting in any
month more than in the month of Sha'bAn.
1970. Narrated 'Aishah Li Zi The
Prophet never observed Saum (fast) in any
month more than in the month of Sha'bn.
He used to say, "Do those deeds which you
can do easil y, as Al l ah wil l notgettired (of
giving rewards) til l you getbored and tired
(of performing rel igious deeds) . " The most
bel oved Salat (prayer) to the Prophetwas
the one thatwas done regul arl y (throughout
the l ife) even if itwere l ittl e. And whenever
the Prophetoffered a Salat (prayer) he
used to offer itregul arl y.
(53) CHAPTER. W hat is said about the
fasting and non-fasting (periods) of the
Prophet
30- THE BOOK OFA S-SA UM60a - r. 119
1971. Narrated Ibn 'Abbas LL l
The Prophetnever observed Saum (fast) a
ful l month exceptthe month of Ramal n,
and he used to observe Saum (fast) til l one
coul d say, "By Al l ah, he wil l never stop
observing Saum (fast)," and he woul d
abandon observing Saum (fast) til l one
woul d say, "By Al l ah, he wil l never observe
Saum (fast) . "
1972. Narrated Anas i i Al l ah's
Messenger used to l eave observing Saum
(fast) in a certain month til l we thoughtthat
he woul d notobserve Saum (fast) in that
month, and he used to fastin another month
til l we thoughthe woul d notstop observing
Saum (fast) atal l in thatmonth. And if one
wanted to see him offering alat (prayer) at
night, one coul d see him (in thatcondition),
and if one wanted to see him sl eeping at
night, one coul d see him (in thatcondition)
too.
1973. Narrated Humaid: I asked Anas
aboutthe Saum (fasting) of the
Prophet,. He said, "W henever I l iked to
see the Prophetobserving Saum (fast) in
any month, I coul d see that, and whenever I
l iked to see him notobserving Saum (fast), I
coul d see thattoo, and if I l iked to see him
offering alat (prayer) in any night, I coul d
see that, and if I l iked to see him sl eeping, I
coul d see that, too. " Anas further said, "I
never touched sil k or vel vetsofter than the
hand of Al l ah's Messenger j&and never
smel l ed musk or perfume more pl easantthan
the smel l of Al l ah's Messenger ;. "
-,

j

30- THE BOOK OFA $$A UMpjdl 6J a - r.
H
120
H
(54) CHAPTER. The right of the guest in
fasting.
1974. Narrated 'Abdul l h bin 'Amr bin
A1-'A 4i i "Once Al l ah's Messenger
came to me," and then he narrated the
whol e narration, i. e. , your guesthas a right
on you, andj'our wife has a righton you. I
then asked aboutthe Saum (fasting) of
Dwd (David) LJt d. The Prophet
repl ied, "Hal f of the year," [i. e. , he used to
observe Saum (fast) on every al ternate day].
(55) CHAPTER. The right of the body in
observing A s-Saum (the fast).
1975. Narrated 'Abdul l h bin 'Amr bin
Al -'As 4. Zi Al l ah's Messenger
said to me, "0 'Abdul l h! Have I notbeen
informed thatyou observe Saum (fast) during
the day and offer Salat (prayer) al l the
night. " 'Abdul l h repl ied, "Yes, 0 Al l ah's
Messenger!" The Prophetsaid, "Don'tdo
that;observe Saum (fast) for few days and
then give itup for few days, offer Salat
(prayer) and al so sl eep atnight, as your body
has a righton you, and your wife has a right
on you, and your guesthas a righton you.
And itis sufficientfor you to observe Saum
(fast) three days in a month, as the reward of
a good deed is mul tipl ied ten times, so itwil l
be l ike fasting throughoutthe year. " I
insisted (on fasting) and so I was given a
hard instruction. I said, "0 Al l ah's
30- THE BOOK OFAS-SAUM - 121
Messenger! I have strength. " The Prophet
said, "Observe Saum (fast) l ike the fasting of
the ProphetDwd (David) d and do
notobserve fastmore than that. " I asked
"How was the fasting of the Prophetof
Al l ah, David LJ d?" He said, "Hal f of
the year," (i. e. , he used to observe faston
every al ternate day).
Afterwards when 'Abdul l h became ol d,
he used to say, "Itwoul d have been better for
me if I had accepted the permission of the
Prophet[hich he gave me i. e. , to observe
Saum (fast) onl y three days a month] . "
(56) CHAPTER. Observing Saum (fasting)
daily throughout the life.
1976. Narrated 'Abdul l h bin 'Amr
4s: Al l ah's Messenger iJ was informed
thatI had taken an oath to fastdail y and to
offer Salat (prayers) (every night) al l the
nightthroughoutmy l ife. (So Al l ah's
Messenger came to me and asked
whether itwas correct). I repl ied, "Letmy
parents be sacrificed for you! I said so." The
Prophetsaid, "You wil l notbe abl e to do
that. So, fastfor few days and give itup for
few days, offer Salat (prayer) and sl eep.
Observe Saum (fast) three days a month as
the reward of good deeds is mul tipl ied ten
times and thatwil l be equal to one year of
fasting. " The Prophet Mt, said to me,
"Observe Saum (fast) one day and give up
fasting for two days." I repl ied, "I can do
better than that." The Prophet;said:
"Then observe Saum (fast) a day and give it
up for a day and thatis the Saum (fast) of
ProphetDwud (David) Jl and thatis
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30-THE BOOK OFAS-AUM
p3owl
122
the bestSaum (fast). " I said, "I have the
strength to do better (more) than that. " The
Prophetsaid, "There is no better (fasting)
than that."
(57) ChAPTER. The right of the family
(wife) in observing A s-Saum (the fast).
This is narrated by Abu
Jubaifa
from the
Prophet.
L4i: The news of my observing Saum
(fasting) dail y and offering alt (prayer)
every nightthroughoutthe nightreached the
ProphetSo he sentfor me, or I methim,
and he said, "I have been informed that
you observe Saum (fast) every day and offer
Salat (prayer) every night(al l the night).
Observe Saum (fast) (for some days) and give
itup (for some days), offer Salat (prayer) and
sl eep for your eyes have a righton you, and
your body and your famil y (your wife) have a
righton you. " I repl ied, "I have more
strength than that(for fasting). " The
Prophet;said, "Then observe Saum (fast)
l ike the Saum (fast) of (the Prophet) DwUd
(David) LJt &JI said, "How?" He
repl ied, "He used to observe Saum (fast)
on al ternate days, and he used notto fl ee on
meeting the enemy." I said, "From where
can I getthatchance, 0 Al l ah's Prophet?"
['Ata said, "I do notknow how the expression
)f 'observe Saum (fast) dail y throughoutthe
l ife' occured. "] So, the Prophetsaid,
twice, "W hoever observe Saum (fast) dail y
1 ro ughouthis l ife is justas the one who does
notobserve Saum (fast) atal l ."
30THE BOOK OF AS-SAUM - r.
1 123
(58) CHAPTER. Saum (fasting) on alternate
days.
1978. Narrated Mujhid from 'Abdul l h
bin 'Amr L41 W-'i : The Prophet;said
(to 'Abdul l ah), "Observe Saum (fast) three
days a month. " 'Abdul l ah said, (to the
Prophet), "I am abl e to observe Saum
(fast) more than that." They kepton arguing
on this matter til l the Prophetsaid,
"Observe Sauni (fast) on al ternate days,
and recite the whol e Qur'an once a
month. " 'Abdul l ah said, "I can recite more
(in a month) ," and the argumentwenton til l
the ProphetiW said, "Recite the whol e
Qur'an once in three days." (i. e. , you must
notrecite the whol e Qur'an in l ess than three
days).
(59) CHAPTER. The Saum (fasting) of
Dwud (David) LJI 4J. P.
1979. Narrated 'Abdul l ah bin 'Amr bin
Al -'As iii : The ProphetjW , said to
me, "You observe Sau)n (fast) dail y al l the
year and offer Salat (prayer) (every night) al l
the night?" I repl ied in the affirmative. The
Prophetsaid, "If you keep on doing this,
your eyes wil l become weak and your body
wil l gettired. He who observes Saum (fast)
al l the year is as he who did notobserve Saum
(fast) atal l . Observing Saum (fast) of three
days (a month) wil l be equal to observing
Saum (fast) of the whol e year. " I repl ied, "I
have the strength for more than this." The
Propheti i said, "Then observe Saum (fast)
l ike the fasting of DawUd (David)
who used to observe Saum (fast) on al ternate
days and woul d never fl ee from the battl e
fiel d on meeting the enemy."
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30 THE BOOK OFA S-SA UMP#dl 6its
- V
FiH
L: Al l ah's Messenger was informed
aboutmy Saum (fasts), and he came to me
and I spread for him a l eather cushion stuffd
with pal m fibre, buthe saton the ground and
the cushion remained between me and him,
and then he said, "Isn'titsufficientfor you to
observe Saum (fast) three days a month?" I
repl ied, "0 Al l ah's Messenger! [I can
observe Saum (fast) more]. " He said,
"Five?" I repl ied, "0 Al l ah's Messenger! [I
can observe Saum (fast) more]. " He said,
"Seven?" I repl ied, "0 Al l ah's Messenger! [I
can observe Saum (fast) more] . " He said,
"Nine (days per month)?" I repl ied, "0
Al l ah's Messenger! [I can observe Saum
(fast) more]" He said, "El even (days per
month)?" And then the Prophet
J;
said,
"There is no Saum (fast) superior to thatof
the ProphetDawUd (David) LJ i itwas
for hal f of the year. So, observe Saum (fast)
on al ternate days
(60) CHAPTER. To observe Saum (fast) the
three days (preceding) the full moon night,
i.e., 13th, 14th and the 15th of the lunar
months.
1981. Narrated AbU Hurairah I
My friend (the Prophet) advised me to
observe three things:
(1) to observe Saum (fast) three days
eveiy (l unar) month;
(2) to perform a two Rak'a Duha prayer and
30 THE BOOK OFA S-SA UMpj..Qli -
1125
(3) to perform the War prayer before
sl eeping.
[See H. 1178].
(61) CHAPTER. W hoever visited some
people and did not break his (optional)
Saum (fast) with them.
Prophetpaid a visitto Umm Sul aim and
she pl aced before him dates and ghee. The
Prophetsaid, "Repl ace the ghee and
dates in their respective containers for I am
observing Saum (fast). " Then he stood
somewhere in her house and offered an
optional Salat (prayer) and then he invoked
Al l ah to bl ess Umm Sul aim and her famil y.
Then Umm Sul aim said, "0 Al l ah's
Messenger! I have a special request
(today). " He said, "W hatis it?" She
repl ied, "(Pl ease invoke for) your servant
Anas. " So, Al l ah's Messenger did not
l eave anything good in this worl d or in the
Hereafter which he did notinvoke (Al l ah to
bestow) on me and said, "0 Al l ah! Give him
(i. e. , Anas) property and chil dren and bl ess
him." Thus I am one of the richestamong the
A nsar and my daughter Umaina tol d me that
when Al -ajjajcame to Barah, more than
120 of my offspring had been buried.
(62) CHAPTER. Fasting the last days of the
month.
1983. Narrated 'Imrn bin Husain 41
L5>
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L4 thatthe ProphetjW , asked him ('Imrn),
or asked a man and 'Imrn was l istening, "0
AbU so-and so! Have you observed Saum
(fasts) in the l astdays of this month?" (The
narrator thoughtthathe said, "the month of
Ramadan"). The man repl ied, "No. 0
Al l ah's Messenger!" The ProphetjLk5 said to
him, "W hen you finish your Saum (fasts) (of
Ramadan) observe Saum (fasts) for two days
(in Shawwl ) . "
Through another series of narrators
'Imrn said, "The Prophetsaid, "[Have
you observed Saum (fasts)] in the l astdays of
Sha'bn?'
,(1)
(63) CHAPTER. Observing Saum (fast) on
Friday. If someone gets up in the morning of
Friday and is observing the Saum (fasts) he
should break it [if he did not observe Saum
the day before or does not intend to observe
Saum (fasts) after it].
1984. Narrated Muhammad bin 'Abbad : I
asked . Jbir "Did the Prophet
forbid observing Saum (fasts) on Fridays?"
He repl ied, "Yes. " [Through other narrators
itis added, "If he intends to observe Saum
(fasts) onl y thatday. "]
(1) (11. 1983) The man whom the Prophet;asked seemed to have had the habitof
observing Saum (fast) on the l astdays of every month, buthe did notcarry on this habit
in the month of Sha'ban, for Al l ah's Messenger 0, had forbidden the Saum (fast) of the
day preceding Ramadan immediatel y. In this narration the Prophetitorders the man to
make up for the days of Sha'bn which he missed by observing Saum (fast) on some days
in Shawwl , and thatindicates thatone shoul d keep his habits of worshipping, and there
is no harm if one observes Saum (fast) the l astdays of Sha'ban if itis his habitto Saum
the l astdays of every month. (Fath A l-Ban)
30- THE BOOK OFA S-SA UM6
.
ja -
127
heard the Prophetsaying, "None of you
shoul d observe Saum (fast) on Friday unl ess
he observes Saum (fast) a day before or after
it. "
1986. Narrated Juwairiya bintAl -Uarith
The Prophet
j
visited her
(Juwairiya) on a Friday and she was
observing Saum (fast). He asked her, "Did
you observed Saum (fast) yesterday?" She
said, "No. " He said, "Do you intend to
observe Saum (fast) tomorrow?" She said,
"No. " He said, "Then break your Saum
(fast) . "
Through another series of narrators, AbU
Ayyub is reported to have said, "He ordered
her and she broke her Saum (fast)
(64) CHAPTER. Can one select some special
days [for observing Saum (fast)]?
1987. Narrated 'Al qama: I asked 'Aishah
L L-: "Did Al l ah's Messenger use to
do extra deeds of worship on some
certain days?" She repl ied, "No, buthis
deeds were regul ar and constant. "W ho
amongstyou can endure whatAl l ah's
Messenger used to endure?"
[See Vol . 8.Hadi th No. 6461, 6462, and
6466. ]
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30- THE BOOK OFA S-SA UMpj.,dl ya
- H
128
the day of 4raf ah.
1988. Narrated Umm Al -Fadi bintAl -
Uarith: "W hil e the peopl e were with me on
the day of 'A rafah they differed as to whether
the Prophetwas observing Saum (fast) or
not;some said thathe was observing Saum
(fast) whil e others said thathe was not
obse'
ng
Saum (fast). So, I sentto him a
bowl ful l of mil k whil e he was riding over his
camel and he drank it."
1989. Narrated MaimUna The
peopl e doubted whether the Prophetwas
observing $aum (fast) on the day of 'A rafah
or not, so I sentmil k whil e he was standing at
'Arafat, he drank itand the peopl e were
l ooking athim.
the first day of 'Ei d-ul-FUr.
1990. Narrated Abti 'Ubaid, the sl ave of
Ibn Azhar: I witnessed the 'Ei dwith 'Umar
bin Al -Khattab i who said, "Al l ah's
Messenger has forbiden peopl e to observe
Saum (fast) on the day on which you break
fasting (the Saum of Ramadan) and the day
on which you eatthe meatof your sacrifices
(i. e. , the firstday of 'Ei d-ul-F(tr and 'Ei d-ul-
A dha).
1991. Narrated Abti Sa'id i The
Prophetforbade the Saum (fasting) of
'Ei d-uI-F4r and 'Ei d-ul-A dha (two feastdays)
and al so the wearing of A sSamma' (a singl e
garmentcovering the whol e body), and
sitting with one's l egs drawn up whil e being
wrapped in one garment.
1992. AbU Sa'id added: He al so forbade
the Salat (prayer) after the Fajr (earl y
morning) and the 'A r (afternoon) Salar
(prayers).
the day of Nahr (i.e., first day of 'Eid-ul-
Adha).
1993. Narrated Abti Hurairah
Two Saum (fasts) and two kinds of sal e are
forbidden: observing Saum (fast) on the day
of 'Ei d-ul-FUr and 'Ei d-ul-A dha and the kinds
of sal e cal l ed Mulamasa and Munabadha.
(These two kinds of sal e used to be practised
[Vi Vo ,1i] . iI i
30 THE BOOK OFA S-SA UM- 130
II
in the days of Pre-Isl amic Period of
Ignorance; Mulamasa means when you
touch something displ ayed for sal e you have
to buy it;
Munabacj/Ia
means when the sel l er
throws something to you, you have to buy it. )
1994. Narrated Ziyad bin Jubair: A man
wentto Ibn 'Umar L41. and said, "A
man vowed to observe Saum (fast) one day
(the subnarrator thinks thathe said thatthe
day was Monday), and thatday happened to
be 'Ei dday. " Ibn 'Umar said, "Al l ah orders
vows to be ful fil l ed and the Prophet
forbade Saum on this day (i. e. , 'Ei d)."
1995. Narrated AbU Sa'id Al -Khudri ;
(who foughtin twel ve G/azawt in the
company of the Prophet). I heard four
things from the Prophetand they won my
admiration. He said:
1. "No l ady shoul d travel on a journey of
two cl ays exceptwith her husband or a
/2/i l-
Mahram;
2. "No Saum (fasting) is permissibl e on
the two days of 'Ei d-ul-Fztr and 'Ei d-ul-A dha;
3. "No Salat (prayer) (may be offered)
after the morning (compul sory) Salat
(prayer) until the sun rises;and no Salt
(prayer) after the 'A r prayer til l the sun sets;
4. "One shoul d travel onl y for visiting
three Masaji d (mosques): Masji d-al-Ijaram
(Makkah), Masji d-a1-A qa (Jerusal em), and
this (my) mosque (atAl -Madina) . "

Tashriq
days (11th, 12th and 13th of Dhul-
Hijjah).
1996. Narrated Yaya: Hisham said, "My
father said that'Aishah ;used to
observe Saum (fast) on the days of Mina."
His (i. e. , Hisham's) father al so used to
observe Saum on those days.
1997, 1998. Narrated 'Aishah and Ibn
'Umar i
Nobody was al l owed to
observe Saum (fast) on the days of Tashri q
exceptthose who coul d notafford the Hady
(animal s for sacrifice).
1999. Narrated Ibn 'Umar
Observing Saum (fast) for those who perform
Hajj-at-Tamattu' (in l ieu of the Hady which
they cannotafford) may be performed up to
the day of 'A rafah. And if one does notgeta
Hady and has notobserved Saum (fast)
(before the 'Ei d) then one shoul d observe
Saum (fast) during the days of Mina (11th,
12th and 13th of Dhul -Uijjah).
the day of 'Ara' (tenth of Muharram).
2000. Narrated S1im's father i
The Prophetsaid, "W hoever wishes may
)i tI t L (NA)
30THE BOOK OFAS-SAUM
pjdl
-
132
observe Saum (fast) on the day of 'A shura' ."
2001. Narrated 'Aishah LL Zi
Al l ah's Messenger ordered (the
Musl ims) to observe Saum (fast) on the day
of 'A /ra', and when fasting in the month of
Ramadan was prescribed, itbecame optional
for one to observe Saum (fast) on thatday
('A shra')or not.
Quraish used to observe Saum (fast) on the
day of 'A hura' in the Pre-Isl amic Ignorance
Period, and Al l ah's Messenger too, used
to observe Saum (fast) on thatday. W hen he
came to Al -Madina, he observed Saum (fast)
on thatday and ordered others to observe
Saum (fast), too. Later when the fasting of
the month of Ramadan was prescribed, he
gave up fasting on the day of 'A sji ura' and
became optional for one to observe Saum
(fast) on itor to l eave its fasting.
2003. Narrated Humaid bin 'Abdur-
Ral irnn thathe heard Mu'awiya bin AN
Sufyan L4 on the day of
'A sfi ura'
during the year he performed the Iajj , saying
on the pul pit, "0 the peopl e of Al -Madina!
W here are your rel igious schol ars? I heard
Al l ah's Messenger saying, 'This is the day
of 'A t/jra'. Al l ah has notenjoined its Saum
(fast) on you butI am fasting it. You have the
choice either to observe Saum (fast) or notto
observe Saum (fast) (on this day). '"
J3 ja))
:J
r
L9&f P~I4&
. i)
2004. Narrated Ibn 'Abbas L. 4i. Zi a): Lu.,- :). t. - t
The Prophetcame to Al -Madina and saw - - - - -
)
the Jews observing faston the day of - - -
'A sjura'. He asked them aboutthat. They L-
repl ied, "This isa good day, the day onwhich . . -
Al l ah rescued Bani Israel from their enemy.
So,Msa (Moses) on this day. " The Prophet J4
J)
L. LJ
said, "W e have more cl aim over Msa . - - -
. (LLLa Li
. J
than you. " So, the Prophet;observed
Saum (fast) on thatday and ordered (the . iit
A i
i .a
Musl ims) to observe Saum (fast) (on that - - - - - -
kAL4. i
LY'
1
L
day).
j
[vrv A' itr rrv
2005. Narrated AbUMUs,,:The
day of 'A s}ra' was considered as 'Ei dday by - - -
t- :ifl
L5 LY
" the Jews. So the Prophetkir ordered,
recommend you (Musl ims) to observe Saum ,.IL
(fast) on this day. " - - -
3LS :j L
il Jt. L
:)]
:
2006. Narrated Ibn 'Abbas L ' Z i -:I 4 . L. . .
- .
never saw the Prophet;seeking to observe
Saum (fast) on a day more (preferabl e to -'
him) than this day, the day of 'A shra', or
this month, i. e. , the month of Ramadan
- - - -
(1) (H. 2006) This is onl y the opinion of Ibn 'Abbas Li which mightdiffer from
whatother peopl e think, for in a narration reported by Qatada from the Prophet, itis
mentioned thatSaum (fasting) on the day of 'A rafah expiates the sins of two years, whil e
observing Saum (fast) on the day of As/ira'expiates the sins of onl y one year. This
indicates thatobserving Saum (fast) on the day of 'A rafah is superior to thatof
'A shra'.

2007. Narrated Sal ama bin Al -Akwa'
L I: The Prophetordered a man from
the tribe of Bani Asl am to announce amongst
the peopl e thatwhoever had eaten shoul d
observe Saum (fast) the restof the day, and
whoever had noteaten shoul d continue his
Saum (fast), as thatday was the day of
'A shura'.
31 THE BOOK OF TARA WIH PRAYERS - 135
31- THE BOOK OF TARAWIH
- fl
PRAYERS
[Nawaf ll Prayers at night in Ramadn].
(1) CHAPTER. The superiority of praying
(Nawaf il) atnight in Rama4an.
2008. Narrated AbU Hurairah i I
heard Al l ah's Messenger saying regarding
Ramadan, "W hoever performed Salat
(prayers) atnightin it(the month of
Ramadan) with sincere faith and hoping for
a reward from Al l ah, then al l his pastsins wil l
be forgiven. "
performed Salat (prayers) atnightin the
month of Ramadan with sincere faith and
hoping for a reward from Al l ah, then al l his
pastsins wil l be forgiven." Ibn Shihb (a
subnarrator) said, "Al l ah's Messenger
died and the peopl e continued observing
that(i. e. , Nawafi l offered individual y, notin
congregation), and itremained as itwas,
during the cal iphate of AbU Bakr and in the
earl y days of 'Umar's cal iphate. "
2010. Narrated Ibn ShihAb: Abdur
Rabman bin 'Abdul Qari said, "I wentout
in the company of 'Umar bin Al -Khattab one
nightin Ramadan to the mosque and found
the peopl e performing Salat (prayers) in
differentgroups. A man performing Salat
(prayers) al one, or a man performing Salat
(prayers) with a l ittl e group behind him. So,
31- THE BOOK OF TAIA Will PRAYERS - 136
'Umar said, 'In my opinion I woul d better
col l ectthese (peopl e) under the l eadership of
one Qari (reciter) [i. e. , l etthem perform
Salat (prayers) in congregation!]'. So, he
made up his mind and he congregated them
behind Ubal bin Ka'b. Then on another night
I wentagain in his company and the peopl e
were performing Salat (prayers) behind their
reciter. On that, 'Umar remarked, 'W hatan
excel l entBi d'a (i. e. , innovation in rel igion)
this is;butthe alt (prayers) which they do
notperform, and sl eep atits time is superior
than the one they are performing now. ' He
meantthe Salat (prayers) in the l astpartof
the night. (In those days) peopl e used to
perform Salat (prayers) in the earl y partof
the night. "
the
wife of the Prophet: Al l ah's Messenger
used to perform Salat (prayer) (atnight) in
Ramadan.
2012. Narrated 'Urwa thathe was
informed by 'Aishah "Al l ah's
Messenger wentoutin the middl e of the
nightand performed Salat (prayer) in the
mosque and some men performed Salat
(prayer) behind him. In the morning, the
peopl e spoke aboutitand then a l arge
number of them gathered and performed
Salat (prayer) behind him (on the second
night). In the nextmorning the peopl e again
tal ked aboutitand on the third nightthe
mosque was ful l with a l arge number of
peopl e. Al l ah's Messenger came outand
the peopl e performed Salt (prayer) behind
him. On the fourth nightthe mosque was
31- THE BOOK OF TARAWIH PRAYERS
- n 137j
overwhel med with peopl e and coul d not
accomodate them, butthe Prophetcame
out(onl y) for the morning a1at (prayer).
W hen the morning Salat (prayer) was
finished, he recited
Tas)i ah-hud
and
(addressing the peopl e) said, "A mm
ha 'du, your presence was nothidden from
me butI was afraid l estthe nightSalat
(prayer) shoul d be enjoined on you and you
mightnotbe abl e to carry iton. " So, Al l ah's
Messenger died and the situation
remained l ike that(i. e. , peopl e offered the
nightprayers individual l y) . "
2013. Narrated AbU Sal ama bin 'Abdur
Rahman thathe asked 'Aishah t
"How was the Salat (prayer) of Al l ah's
Messenger in Ramadan?" She repl ied,
"He did notperform alat (prayer) more
than el even Rak'a in Ramadan or in any
other month. He used to perform four Rak'a
- l etal one their beauty and l ength - and then
he woul d perform four Rak'a - l etal one their
beauty and l ength - and then he woul d
perform three Rak'a (Wi r)." She added, "I
asked, '0 Al l ah's Messenger! Do you sl eep
before praying the Wr?' he repl ied, '0
'Aishah! My eyes sl eep butmy heartdoes
notsl eep. "
i 4. L ()
:
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3
Zvi I
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32-THE BOOK OF SUPERIORITY OF THE NIGHT OF QADR

32 THE BOOK OF SUPERIORITY OF
THE NIGHT OF QADR
(1) CHAPTER. The superiority of the night
of Qadr.
And Al l ah said;"Veril y! W e have

sentit(this Qur'an) down in the nightof A l-
Qadr (Decree). And whatwil l make you
know whatthe nightof Qadr i s.......
. til l the end of the Sarah. (V. 97:1,2)
2014. Narrated AbU Hurairah ZIP-
The Prophetsaid, "W hoever observed

Saum (fast) in the month of Ramadan with
sincere faith (i. e. , bel ief) and hoping for a
reward from Al l ah, then al l his pastsins wil l
be forgiven, and whoever stood for the $alat
(prayers) in the nightof Qadr with sincere
faith and hoping for a reward from Al l ah,
then al l his pastsins wil l be forgiven."
(2) CHAPTER. To look for the night of Qadr
in the last seven nights (of Ramadan).
2015. Narrated Ibn 'Umar L4$
Some men amongstthe companions of the
ProphetjW, were shown in their dreams that
the nightof Qadr was in the l astseven nights
of Ramadan. Al l ah's Messenger said, "It
seems thatal l your dreams agree that(the
nightof Qadr)is in the l astseven nights, and
whoever wants to search for it(i. e. , the night
of Qadr) shoul d search in the l astseven
(nights of Ramadan) . "
32- THE BOOK OF SUPERIORITY OF THE NIGHT OFQADR j.i$ I - TT
111391
2016. Narrated AbU Sal ama: I asked AbU
Sa'id i and he was a friend of mine
- (aboutthe nightof Qadr) and he said, "W e
practised I'tikaf (secl usion in the mosque) in
the middl e third of the month of Ramadan
with the Prophet
;.
In the morning of the
20th of Ramadan, the Prophetcame and
addressed us and said, 'I was informed of
(the date of the nightof Qadr) butI was
caused to forgetit(or I forgot);so, search
for itin the odd nights of the l astten nights of
the month of Ramadan. (In the dream) I saw
mysel f prostrating in mud and water (as a
sign). So, whoever was in I'tikaf with me
shoul d return to it(for another 10 days
period)', and we returned. Atthattime there
was no sign of cl ouds in the sky, butsuddenl y
a cl oud came and itrained til l rain-water
started l eaking through the roof of the
mosque which was made of date-pal m l eaf
stal ks. Then the Salat (prayer) was
establ ished and I saw Al l ah's Messenger
prostrating in mud and water and I saw the
traces of mud on his forehead. "
(3) CHAPTER. To search for the night of
Qadr in the odd nights of the last ten nights
(of Ramadn).
This narration has come from 'Ubda (bin
A -
Samit) on the authority of the Prophet .
Al l ah's Messenger said, "Search for the
nightof Qadr in the odd nights of the l astten
nights of Ramadan. "
: - y.'v
a
:
'r
-
- -,-
:J
-
fl :
32- THE BOOK OFSUPERJORITYOF THE NIGHTOFQADR
111401
i: Al l ah's Messenger used to practise
I'ti kaf (in the mosque) in the middl e third of
Ramadan, and after passing the twenty
nights he used to go back to his house on
the 21st, and the peopl e who were in I'ti kaf
with him al so used to go back to their houses.
Once in Ramadan, in which he practised
I'ti kaf, he establ ished the nightSalat
(prayers) atthe nightin which he used to
return home, and then he addressed the
peopl e and ordered them whatever Al l ah
wished him to order and said, "I used to
practise I'ti kaf for these ten days (i. e. , the
middl e 1/3rd) butnow I intend to stay in
I'fi k4P for the l astten days (of the month);so
whoever was in I'ti kaf with me shoul d stay at
his pl ace of secl usion. Veril y, I have been
shown (the date of) this night(of Qadr)butI
have forgotten it. So, search for itin the odd
nights of the l astten days (of this month). I
al so saw mysel f (in the dream) prostrating in
mud and water." On the nightof the 21st(of
Ramadan), the sky was overcastwith cl ouds
and itrained, and the rain-water started
l eaking through the roof of the mosque atthe
Mi qalla (praying pl ace) of the Prophet. I
saw with my own eyes the Prophetatthe
compl etion of the morning Salat l eaving with
his face covered with mud and water.
[See H No . 2027].
32- THE BOOK OF SUPERIORITY OF THE NIGHT OF QADR - 141
2019. Narrated 'Aishah i e: The
Prophetsaid, "Look for (the nightof
Qadr) ."
2020. Narrated 'Aishah LL
Al l ah's Messenger 40, used to practise I'tikaf
in the l astten nights of Ramadan and used to
say, "Look for the nightof Qadr in the l ast
ten nights of the month of Ramadan."
2021. Narrated Ibn 'Abbs t4 i
The Prophetsaid, "Look for the nightof
Qadr in the l astten nights of
Ramadan;
on
the nightwhen nine or seven or five nights
remain outof the l astten nights of Ramadan
[i. e. , 21, 23, 25, (27, 29) respectivel y] . "
2022. Narrated Ibn 'Abbs i
Al l ah's Messenger said, "The nightof
Qadr is in the l astten nights of the month
(Ramadan), either in the firstnine or in the
l ast(remaining) seven nights (of Ramadan) . "
Ibn 'Abbs added, "Search for iton the
twenty-fourth (of Ramadan)."
32- THE BOOK OF SUPERIORITY OF THE NIGHT OF Q,4DRj.W 1-!U 'W yd - rT 142
(4) CHAPTER. The knowing (knowledge) of
the night of Qadr was taken away because of
the quarrelling of the people.
2023. Narrated 'Ubda bin As-Samit: The
Prophetcame outto inform us aboutthe
nightof Qadr buttwo Musl ims were
quarrel l ing with each other. So, the
Prophetsaid, "I came outto inform you
aboutthe nightof Qadr butsuch and such
persons were quarrel l ing, so the news about
ithad been taken away;yetthatmightbe for
your own good, so search for iton the 29th,
27th and 25th (nights of Ramadan).
(5) CHAPTER. The doing of good deeds in
the last ten days of Raman.
2024. Narrated 'Aishah W ith
the startof the l astten days of Ramadan, the
ProphetjL6 used to tighten his waistbel t(i. e. ,
work hard) and used to keep awake al l the
nightand perform Salat (prayer) and al so
used to keep his famil y awake for the Salat
(prayer).
33THE BOOK OF I'TIKA FjlJ Q&Vl 6ja -
11143
Il
33THE BOOK OFI'TIKAF
- fl
[i.e., to confine oneself in a mosque
for Salt (prayers) and invocations leaving
the worldy activities for a limited
number of days].
(1) CHAPTER. The I'tik4 in the last ten
days of Ramaln. And I'tikaf may be
practised in any mosque, as is evident in
the Statement of Allah )L: ". . . And do not
have sexual relations with them (your
wives);while you are in I'tikaf [i.e.,
confining oneself in a mosque for Saldt
(prayers) and invocations leaving the
worldly activities for a limited number of
days] in the mosques. These are the limits
(set) by Allah;so approach them not. Thus
does Allah make clear His Ayt(proofs,
evidences, verses, lessons, signs,
revelations, laws, legal and illegal things
Allah's set limits, orders), to mankind that
they may become A l-Muttaqun (the pious) . "
(V.2:187)
i _4Ll: Al l ah's Messenger used to
practise I'ti /of in the l astten days of the
month of Ramadan.
2026. Narrated ' ishah the
wife of the Prophet: The Prophetused
to practise I'ti kaf in the l astten days of
Ramadan til l he died and then his wives used
to practise I'ti kaf after him.
33-THE BOOK OF I'7IK4F - fl 144
2027. Narrated Abu Sa'id A1-Khudri a
L . u: Al l ah's Messenger used to practise
I'ti kaf in the middl e ten days of Ramadan;
once he stayed in I'ti kaf til l the nightof
the twenty-firstand itwas the nightin the
morning of which he used to come outof his
I'ti kf. The Prophetitsaid, "W hoever was
in I'ti kaf with me shoul d stay in I'ti kaf for the
l astten days, for I was informed (of the date)
of the Night(of Qadr)butI have been caused
to forgetit. (In the dream) I saw mysel f
prostrating in mud and water in the morning
of thatnight. So, l ook for itin the l astten
nights and in the odd ones of them." Itrained
thatnight(i. e. the 21stof Ramadan) and the
roof of the mosque dribbl ed as itwas made of
l eaf stal ks of date-pal ms. I saw with my own
eyes the marks of mud and water on the
forehead of the Prophet, i. e. , in the
morning of the twenty-first(of Ramadan).
(2) CHAPTER. A menstruating woman is
permitted to comb the hair of a Mu'talqf
(i.e., a man in I'tikaf ).
2028. Narrated 'Aishah The
Prophetused to (put) bend his head (out)
to me whil e he was in I'ti kf in the mosque
during my monthl y periods and I woul d comb
and oil his hair.
33 - THE BOOK OF I'TIKAF - 145
;j '
L U.
(3) CHAPTER. (AMu'takif is not (allowed)
j
i d. ()
to enter the house except for a need.
2029. Narrated 'Aishah itthe i,.- :Zii -
wife of the Prophet: Al l ah's Messenger - - -
used to l ethis head in (the house) whil e he

was in the mosque and I woul d comb and oil . '3f Q j QSj
his hair. W hen in I'tikaf he used notto enter -. -,

the house exceptfor a need. (')
L.J
L5
J)
I I L5, 3U
: j
l]
3L5
[. to
(4) CHAPTER. The taking of a bath by a i'l J.
aLa (0
Mu'takf.
s s
2030. Narrated 'Aishah i The
1,,
Prophetused to embrace me during my
menses.
-: - -
JS3L5 :iJl i
{S .jal.,.. W
2031. 'Aishah added: He al so used to
-
puthis head outof the mosque whil e he was s
in I'tzkaf, and I woul d wash itduring my - -
menses.
[So
(5) CHAPTER. TheIikaf at night (only). I
iLa (o)
2032. Narrated Ibn 'Umar L4i 11 ry
'Umar $
-
jasked the Prophet , "I - - -
vowed in the Pre-Isl amic Period of Ignorance - - - - -
(1) (H. 2029) Such need may be to answer the cal l of nature and performing abl ution.
Schol ars differ as to whether itis permissibl e al so for a Mu'taki f to eator drink outside
the mosque. (Fath A l-Bai l)
:J J3 :L4i
:JU I
L
[iv tr
Lil t.iI aL
()
33- THE BOOK OF I'TIK4F
_t;I - rr 146
to stay in I'ti kaf for one nightin Al -Masjid-al -
Uarm. " The Prophetsaid to him, "Ful fil
your vow. "
(6) CHAPTER. W omen's I'ti kaf. (A woman
cannot practise I'ti kaf except with the
permission of her husband).
2033. Narrated 'Amra: 'Aishah
said, "The Prophetused to practise I'ti kaf
in the l astten days of Ramadan and I used to
pitch a tentfor him, and after performing the
morning Salat (prayer), he used to enter the
tent. " IIafa asked the permission of 'Aishah
to pitch a tentfor her and she al l owed her
and she pitched her tent. W hen Zainab bint
Jahsh saw it, she pitched another tent. In the
morning the Prophetnoticed the tents. He
said, "W hatis this?" He was tol d of the
whol e situation. Then the Prophetsaid,
"Do you think thatthey intended to do A l-
Birr (righteousness) by doing this?" He
therefore abandoned the I'ti kaf in that
month and practised I'ti kaf for ten days in
the month of Shawwal
(7) CHAPTER. The tents in the mosque
Prophetintended to practise I'ti kaf and
when he reached the pl ace where he intended
to perform I'ti kaf, he saw some tents, the
tents of 'Aishah, Hafsa and Zainab. So, he
said, "Do you consider thatthey intended to
33 THE BOOK OF I'TIKAF
do A l-Bi rr (righteousness) by doing this?"
And then he wentaway and did notperform
I'ti kaf (in Ramadan) butperformed itin the
month of Shawwl for ten days.
(8) CHAPTER. Can a Mu 'takif go to the gate
of the mosque for a need?
2035. Narrated 'Al tbin Al -Husain u
L: Safiyya L , the wife of the
Prophettol d me thatshe wentto Al l ah's
Messenger
i
to visithim in the mosque
whil e he was in I'ti kf in the l astten days of
Ramadan. She had a tal k with him for a
whil e, then she gotup in order to return
home. The Prophetaccompanied her.
W hen they reached the gate of the mosque,
opposite the door of Umm Sal ama, two
A nsari men were passing by and they greeted
Al l ah's Messenger . He said to them: "Do
notrun away!" And said, "She is (my wife)
Safiyya bintuyai. " Both of them said,
"SubznA llah, (How dare we think of any
evil ) 0 Al l ah's Messenger. " And they fel tit.
The Prophetsaid (to them), "Satan
reaches everywhere in the human body as
bl ood reaches in it(everywhere in one's
body). I was afraid l estSatan mightinsertan
evil thoughtin your minds. "
[See H. 2038].
33- THE BOOK OF I'TIKAF -
H
148
1
(9) CHAFFER. The I'tikaf and the coming of
the Prophet A out of I'tikaf in the morning of
the twentieth (of Ramadn).
2036. Narrated AbU Sal ama bin 'Abdur-
Rahmn: I asked Abu Sa'id Al -Khudri, "Did
you hear Al l ah's Messenger tal king about
the nightof Qadr?" He repl ied in the
affirmative and said, "Once we were in
I'tikaf with Al l ah's Messenger jW in the
middl e ten days of (Ramadan) and we came
outof itin the morning of the twentieth, and
Al l ah's Messenger ;del ivered a
1S7 iutb a
(rel igious tal k) on the 20th (of Ramadan)
and said, 'I was informed (of the date) of the
nightof Qadr (in my dream) buthad
forgotten it. So, l ook for itin the odd
nights of the l astten nights of the month of
Ramadan. I saw mysel f prostrating in mud
and water on thatnight(as a sign of the night
of Qadr). So, whoever had been in I'tikaf
with Al l ah's Messenger 40 shoul d return for
it. ' The peopl e returned to the mosque (for
I'tikaf). There was no trace of cl ouds in the
sky. Butal l of a sudden a cl oud came and it
rained. Then the Salat (prayer) was
establ ished (they stood for the Salat) and
Al l ah's Messenger A prostrated in mud and
water and I saw mud over the forehead and
the nose of the Prophet . "
(10) CHAFFER. The I'tikaf of a (Mustahada)
woman who has bleeding in between her
periods.
2037. Narrated 'Aishah 4L ii One
of the wives of Al l ah's Messenger
practised I'tikaf with him whil e she had
33 - THE BOOK OF I'TIKAF 6ja - 149
bl eeding in between her periods and she
woul d see red (of bl ood) or yel l owish traces;
and sometimes we puta tray beneath her
when she offered the Salat (prayer).
[See H . No . 309].
(11) CHAPTER. The visit of the wife to her
husband while he was in I'tikaf .
2038. Narrated 'Al l bin Al -Husain (on the
authority of Safiyya, the Prophet's wife) : The
wives of the Prophetwere with him in the
mosque (whil e he was in I'tikaf) and then they
departed and the Prophetsaid to Safl yya
hint}juyai, "Don'thurry up, for I shal l
accompany you," (and her dwel l ing was in
the house of Usma). The Prophet
0
went
outand in the meantime two Ansari men met
him and they l ooked atthe Prophet0 and
passed by. The Prophetsaid to them,
"Come here. She is (my wife) $afiyya bint
Ijuyai . " They repl ied, "Sub ian Allah, (how
dare we think of evil ) 0 Al l ah's Messenger!
(W e never expectanything bad from you) . "
The Prophet0 repl ied, "Satan circul ates in
the human being as bl ood circul ates in the
body, and I was afraid l estSatan mightinsert
an evil thoughtin your minds. "
33 -. THE BOOK OF I'TIKAF Jt.$- 150
(12)CHAPTER. Is it permissible for the _ J. A
()
Mu'taki f to defend himself (by speech or
action)? - -
2039. Narrated 'Al l bin Al -Husain on the _L
J...
L4_. j- '' r
authority of Safiyya: Safiyya wentto the
Jku
Prophetwhil e he was in I'ti kaf . W hen she

returned, the Prophet
;
accompanied her, .
wal king. A nA nsari man saw him. W hen the
Prophetnoticed him, he cal l ed him and
said, "Come here. She is Safiyya. (Sufyan a
subriarrator perhaps said thatthe Prophet44, ft
-
'
L-
had said, "This is Safiyya"). And Satan
'F
circul ates in the body of Adam's offspring
J
Ii
as his bl ood circul ates in it."
"Did A subnarrator asked Sufyn, Safiyya
visithim atnight?" He said, "Certainl y, at Wi
night."
:JUi l LU
3 U L.
ij
3_J 3 :3Li L
(13) CHAPTER. W hoever went out of his . . ic. 4i. (Vr)
I'tikaf in the morning. -
2040. Narrated AbU Sa'td ii
&.:
W e tii,- - 'c
practised I'ti kaf with Al l ah's Messenger in - ft
the middl e ten days of Ramadan. In the

morning of the twentieth of Ramadan we I . 1
J L-
J-
I
3
Lfl L
shifted our baggage, butAl l ah's Messenger - - - - -
"W hoever came to us and said, was in
'
I'ti kaf shoul d return to his pl ace of I'tzkaf , for LLi ,j :
U J
-i .
I saw (i. e. , was informed aboutthe date of)
this Night(of Qadr) and saw mysel f
LL)
prostrating in mud and water. " W hen I LjI
returned to my pl ace the sky was overcast

with cl ouds and itrained. By Him W ho sent -
33 - THE BOOK OF I'TIK4F
Muhammad twith the Truth, the sky was
covered with cl ouds from the end of thatday,
and the mosque which was roofed with
l eafstal ks of date-pal m trees l eaked with
rain and I saw the trace of mud and water
over the nose and al so over the tip of the nose
of the Prophet.
(14) CHAPTER. I'tikaf in the month of
Shawwl.
2041. Narrated 'Amra bint'Abdur-
Rahman on the authority of 'Aishah Zi
L: Al l ah's Messenger , used to practise
I'ti kaf every year in the month of Ramadan.
And after offering the morning Salat (prayer),
he used to enter the pl ace of his I'ti kf . ' Aishah
asked his permission to l ether practise I'ti ki f
and he al l owed her, and so she pitched a tent
in the mosque. W hen Uafa heard of that, she
al so pitched a tent(for hersel f), and when
Zainab heard of that, she too pitched another
tent. W hen, in the morning, Al l ah's
Messenger ;had finished the morning Salt
(prayer), he saw four tents and asked, "W hat
is this?" He was informed aboutit. He then
said, "W hatmade them do this? Is itA 1-Bi rr
(righteousness)? Remove the tents, for I do
notwantto see them. " So, the tents were
removed. The Prophetdid notperform
I'ti kaf thatyear in the month of Ramadan, but
did itin the l astten days of Shawwl .
33 -'THE BOOK OF I'TIKAF - 152
(15) CHAPTER. W hoever thinks that I'tikaf
can be practised without fasting.
2042. Narrated 'Abdul l ah bin 'Umar:
'Umar bin A1-Khattab Zii said, "0
Al l Ah's Messenger, I vowed in the Pre-
Isl Amic Period of Ignorance to perform
I'ti kaf in Al -Masjid-al -HarAm for one
night. " The Prophetsaid, "Ful fil your
vow" So, he performed I'ti kaf for one night.
(16) CHAPTER. W hoever made a vow in the
Pre-Islmic Period of Ignorance to perform
I'tikaf and then embraced Islam.
2043. Narrated Ibn 'Umar that'Umar
iI had vowed in the Pre-Isl Amic Period of
Ignorance to perform I'ti kaf in Al -Masjid-al -
Haram. (A sub-narrator thinks that'Umar
vowed to perform I'ti kaf for one night. )
Al l Ah's Messenger said to 'Umar, "Ful fil
your vow. "
(17) CHAPTER. I'tikif in the middle ten
days of Ramadan.
2044. Narrated AbU Hurairah Z ii
The Prophetused to perform I'ti kaf every
year in the month of Ramadan for ten days,
33 - THE BOOK OF I'TIKAF

and when itwas the year of his death, he
stayed in I'ti kf for twenty days.
(18) CHAPTER. W hoever intended to
practise I'tikif and then changed his mind.
2045. Narrated 'Amra bint'Abdur-
Rabman on the authority of 'Aishah Zi
Al l ah's Messenger mentioned thathe
woul d practise I'ri kf in the l astten days of
Ramadan. 'Aishah asked his permission to
perform I'ti kaf and he permitted her. IIafa
asked 'Aishah to take his permission for her,
and she did so. W hen Zainab bintJahsh saw
that, she ordered a tentto be pitched for her
and itwas pitched for her. Al l ah's Messenger
used to proceed to his tentafter the Salat
(prayer). So, he saw the tents and asked,
"W hatis this?" He was tol d thatthose were
the tents of 'Aishah, Hafsa and Zainab.
Al l ah's Messenger il said, "Is itA 1-Bi rr
(righteousness) which they intended by doing
so? I am notgoing to perform I'ti kaf."So, he
returned home. W hen the fasting month was
over, he performed I'ti kaf for ten days in the
month of Shawwal .
:- ,]
(19) CHAPTER. A Mu'tak(f can let his head

j-, -X
(' )
in the house for washing.
2046. Narrated 'Urwa: 'Aishah i,;tii. - 'c'.

during her menses used to comb and oil the
33-THE BOOK OF I'TIKAF -
1I
hair of the Prophet0, whil e he used to be in
I'ti kaf in the mosque. He woul d stretch out
his head towards her whil e she was in her
chamber.
34- THE BOOK OF SALES (BARGAINS) fl 64JU - 1L 155
(I
34 THE BOOK OF SALES
-
(BARGAINS)
And the Statement of Allah Jt. :
"... And Allah has permitted trading and
forbidden Riba (usury).. ."(V.2:275)
And His Statement: ...... save when it is a
present trade which you carry out on the spot
among yourselves ..."
(V. 2:282)
(1) CHAPTER. W hat has come in the
Statement of Allah )L:
"Then when the
(Jumu'ah)
Saltis ended,
you may disperse through the land, and seek
of the Bounty of Allah.... And Allah is the
Best of Providers." (V.62:10,11)
And also His Statement: "Eat not up your
property among yourselves unjustly except it
be a trade amongst you, by mutual
consent..." (V.4:29)
You peopl e say thatAbU Hurairah tel l s many
narrations from Al l ah's Messenger
jiij
and
you al so wonder why the emigrants and A nsar
do notnarrate from Al l ah's Messenger as
Ab Hurairah does. My emigrantbrothers
were busy in the market, whil e I used to stick
to Al l ah's Messenger iI contentwith what
fil l s my stomach;so I used to be present
when they were absentand I used to
remember when they used to forget, and
myA nsari brothers used to be busy with their
properties and I was one of the poor men of
Suffa. I used to remember the narrations
when they used to forget. No doubt, Al l ah's
Messenger once said, "W hoever spreads
his garmenttil l I have finished my present
speech and then gathers itto himsel f, wil l
remember whatever I wil l say." So, I spread
my col oured garmentwhich I was wearing til l
Ail h's Messenger ;had finished his saying,
and then I gathered itto my chest. So, I did
notforgetany of thatnarration.
34-THE BOOK OF SALES (BARGAINS)
tjJl 6ja - 156
2048. Narrated 'Abdur-Rahmn bin 'AUf
W hen we came to Al -Madina as
emigrants, Al l ah's Messenger establ ished
a bond of brotherhood between me and Sa'd
bin Ar-Rabi'. Sa'd bin Ar-RabI' said to me,
"I am the richestamong the A nsar, so I wil l
give you hal f of my weal th and you may l ook
atmy two wives and whichever of the two you
may choose I wil l divorce her, and when she
has compl eted the prescribed period (before
marriage) you may marry her. " 'Abdur-
Rattman repl ied, "I am notin need of al l
that. Is there any market-pl ace where trade is
practised?" He repl ied, "The marketof
Qainuqa' . " 'Abdur-Rabman wentto that
marketthe fol l owing day and broughtsome
dried butter-mil k (yoghurt) and butter, and
then he continued going there regul arl y. Few
days l ater, 'Abdur-Rabman came having
traces of yel l ow (scent) on his body. Al l ah's
Messenger asked him whether he had got
married. He repl ied in the affirmative. The
Prophetitit, said, "W hom have you married?"
He repl ied, "A woman from the A nsar."
Then the Prophetasked, "How much did
you pay her?" He repl ied, "(I gave her) a
gol d piece equal in weightto a date stone
(or a date stone of gol d)!" The Prophet
said, "Give a Wali ma (wedding banquet)
1'A't 31V
[1rA-
-
Le
:JUL
-
L ' iL
34 THE BOOK OF SALES (BARGAINS)
even if with one sheep. "
2049. Narrated Anas '1i W hen
'Abdur-Rahmn bin 'Af came to Al -
Madina, the Prophetestabl ished a bond
of brotherhood between him and Sa'd bin Ar-
Rabi' Al -AnsrI. Sa'd was a rich man, so he
said to 'Abdur-Rabman, "I wil l give you hal f
of my property and wil l make you to marry. "
'Abdur-Rabman said (to him), "May Al l ah
bl ess you in your famil y and property. Show
me the market." So 'Abdur-Rahmn did not
return (from the market) til l he gained some
dried buttermil k (yoghurt) and butter
(through trading). He broughtthatto his
househol d. W e stayed for sometime (or as
l ong as Al l ah wished), and then 'Abdur-
Rahman came, scented with yel l owish
perfume. The Prophetsaid (to him),
"W hatis this?" He repl ied, "I gotmarried to
an A nsari woman. " The Prophetasked,
"W hatdid you pay her?" He repl ied, "A gol d
stone or gol d equal to the weightof a date
stone." The Prophetsaid (to him), "Give
a Wali ma (wedding banquet) even if with one
sheep. "
2050. Narrated Ibn 'Abbas L4
'Ukaz, Majanna and Dhul -Majaz were
market-pl aces in the Pre-Isl amic Period of
Ignorance. W hen Isl am came, Musl ims fel t
thatin trading there mightbe a sin. So, the
Divine Revel ation came:
"There is no sin on you if you seek the
Bounty of your Lord (during pil grimage by
34 THE BOOK OF SALES (BARGAINS) - 158
trading). . . . . (V. 2:198)
Ibn 'Abbas recited the Verse in this way
(2) CHAPTER. Legal and illegal things are
clearly defined, and in between them are
some doubtful (unclear) things.
2051. Narrated An-Nu'mn bin Bashir
41 The Prophetsaid: "Both
l egal and il l egal things are obvious, and in
between them are (uncl ear) doubtful matters
(things). So whoever forsakes those doubtful
(uncl ear) things l esthe may commita sin,
wil l definitel y avoid whatis cl earl y il l egal ;
and whoever indul ges in these (uncl ear)
doubtful things bravel y, is l ikel y to commit
whatis cl earl y il l egal . Sins are Al l ah's Hi ma
(i. e. , private pasture) and whoever pastures
(his sheep) near it, is l ikel y to getin itatany
moment
L
(1) (H. 2051) Man, here is compared to a shepherd;his desires, to a fl ock of sheep;sins,
to a private pasture of somebody el se;doubtful matters to the region surrounding the
pasture and indul gence in doubtful matters to pasture in thatregion. To pasture there
wil l probabl y l ead the sheep to enter the private pasture, and the shepherd woul d be
punished for grazing his sheep near the private pasture which l ed to such an obvious
transgression.
e1
- 159
2053. Narrated 'Aishah ji i 'Utba
bin AbU W aqqas took a firm promise from
his brother Sa'd bin Ab W aqqqs to take the
son of the sl ave-girl of Zam'a into his custody
as he was his (i. e. , 'Utba's) son. In the year
of the Conquest(of Makkah) Sa'd bin Abu
W aqq,qs took him, and said thathe was his
brother's son, and his brother took a promise
-
:3 UL
:ZJI
L LJ LL-
j
[AA
LP JI
;
I L5:iJi n
(3) CHAPTER. Explanation of doubtful
(unclear) things.
HassAn bin AbU Sinn said, "I found
nothing easier than to be pious and Al l ah-
fearing;(to achieve this aim) l eave al l
doubtful (uncl ear) things and do whatis
compl etel y cl ear of doubt
2052. Narrated 'Abdul l h bin Abu
Mul aika: 'Uqba bin Al -Uarith
said thata bl ack woman came and cl aimed
thatshe had suckl ed both of them (i. e. ,
'Uqba and his wife). So, he mentioned that
to the Prophetwho turned his face from
him and smil ed and said, "How (can you
keep your wife), and itwas said (thatboth of
you were suckl ed by the same woman)?" His
wife was the daughter of AbU Ihgb At-
Tamimi.
34- THE BOOK OF SALES (BARGAINS) jl
i. - 160
from him to thateffect. 'Abd bin Zam'a got
up and said, "He is my brother and the son of
the sl ave-girl of my father and was born on
my father's bed." Then they both wentto the
Prophet. Sa'd said, "0 Al l ah's
Messenger! He is the son of my brother and
he has taken a promise from me thatI wil l
take him. " 'Abd bin Zam'a said, "(He is) my
brother and the son of my father's sl ave-girl
and was born on my father's bed." Al l ah's
Messenger said, "The boy is for you. ,O
'Abcl bin Zam'a." Then the Prophet
il
said,
n is for the bed (i. e. , the man on
whose bed he was born) and stones (despair,
i. e. , to be stoned to death), for the one who
has done il l egal sexual intercourse." The
Prophettol d his wife Sauda bintZam'a to
screen hersel f from thatboy as he noticed a
simil arity between the boy and 'Utba. So, the
boy did notsee her til l he died
(1)
2054. Narrated 'Adi bin Hatim
I asked Al l ah's Messenger , aboutA l-Mi 'rat
(i. e,, sharp-edged piece of wood or a piece of
wood provided with a sharp piece of iron
used for hunting). He repl ied, "If the game is
hitby its sharp edge, eatit, and if itis hitby
its broad side, do noteatit, for ithas been
beaten to death. " I asked, "0 Al l ah's
Messenger! I rel ease my hound by the
Name of Al l ah and find with itatthe game,
another hound on which I have not
mentioned the Name of Al l ah, and I do not
LUj
3 i.
L5 j
vttrr LTvto yorr
(1) H. 2053) 'Utba committed adul tery in the Pre-Isl amic Period of Ignorance and before
his death he decl ared thatsecretand confessed thatthe son of the sl ave-girl was his
son, and mostprobabl y he died as a disbel iever.
34 THE BOOK OF SALES (BARGAINS) tjjl 6.ja - 161
know which one of them caughtthe game."
Al l ah's Messenger jk$r, said (to him), "Don't
eatitas you have mentioned the Name of
Al l ah on your hound and noton the other. "
(4) CHAPTER. W hat doubtful (unclear)
things should be avoided?
2055. Narrated Anas L : The
Prophetpassed by a fal l en date and said,
"W ere itnotfor my doubtthatthis might
have been given in charity, I woul d have
eaten it. " And narrated AbU Hurairah
The Prophetl ijsaid, "I found a date-
fruitfal l en on my bed."
(5) CHAPTER. W hoever does not consider
dark suggestions by one's ownself or similar
things as doubtful (unclear) things.
2056. Narrated 'Abbd bin Tamim that
his uncl e said, "The Prophetwas asked: If
a person feel s something during his Salat
(prayer);shoul d one interrupthis Salt
(prayer)?" The Prophetsaid, "No! You
shoul d notgive itup unl ess you hear a sound
or smel l something. " Narrated Ibn AN
Hafsa: Az-ZuhrI said, "There is no need of
repeating abl ution unl ess you detecta smel l
or hear a sound. "
2057. Narrated 'Aishah jL Some
peopl e said, "0 Al l ah's Messenger! Meatis
broughtto us by some peopl e and we are not
L
(c)
Lji JS
)) :JU
[\V
- ,-, _p
- 1
162
sure whether the Name of Al l ah has been
mentioned on itor not(atthe time of

sl aughtering the animal s). " Al l ah's '--
Messenger ;said (to them), "Mention the
Name of Al l ah and eatit. "
3 u
))
:
[VrA oo.V :)I1
(6) CHAFFER. The Statement of Allah :
3 .j
3 4i;J
aLa
()
j,: "And when they see some merchandise

or some amusement [beating of Tambur

(drum) etc.], they disperse headlong to [' :
it..." (V.62:11)
2058. Narrated Jabiri ,.: W hil e we
:rL
Ui - ' 0/%
were offering the Salat (prayer) with the - - - -
Prophett, a caravan carrying food came . .
from Sham. The peopl e l ooked towards the : J
caravan (and wentto it) and onl y twel ve
persons remained with the Prophett,. So,

the Divine Revel ation came;:"And when L Li
r
W . i. . 0
they see some merchandise or some - - - -- - - -
amusement[beating of Tambur (drum) . -
etc. ], they disperse headl ong to itLJi
(V. 62:11)
- .
ft
[r1 ,.-I )
][
(7) CHAPTER. The one who does not care JU aL (V)
from where he earns his money (i.e.,
whether through legal or illegal ways). - -
2059. Narrated AbUHurairah. ,. ,;: : ti. . . 'Yo
The Prophetsaid, "A time wil l come upon - -
-
,. . . Lu. . . . : L...
the peopl e when one wil l notcare how one
gains one's money, l egal l y or il l egal l y. "
LL
i
:3 i
I. 1
[' . %' :)i1]
34- THE BOOK OF SALES (BARGAINS) 6ja
- 1
163
(8) CHAPTER. Trade f cloth and other
things.
And the Statementof Al l ah J
"Men whom neither trade nor sal e
(business) diverts them from the
Remembrance of Al l ah (with heartand
tongue). . ." (V. 24:37)
Qatada said, "The peopl e used to do sal e
and trade;butwhenever they were to
perform any of Al l ah's obl igations, then
trade and sal e woul d notdivertthem from
Al l ah's worship, butthey woul d rather ful fil
thatobl igation (to Al l ah) . "
2060, 2061. Narrated AbU Al -Minhal : I
used to practise money exchange, and I
asked Zaid bin 'Arqam Z aboutit,
and he narrated whatthe ProphetjW said (as
fol l ows): Abn Al -Minhal said, "I asked A]-
Bard' bin 'Azib and Zaid bin 'Arqam about
practising money exchange. They repl ied,
'W e were traders in the l ifetime of Al l ah's
Messenger itand I asked Al l ah's Messenger
jaboutmoney exchange. He repl ied, "If it
is from hand to hand, there is no harm in it;
butif there is Nas1a (del ay in payment) then
itis notpermissibl e. '"
[See H. No. 2178, 2180, Ch. 79, 80].
jPj
d
1JI JLI (A)
n
5
3 u 9 [rv :,J]
4u i :4i
3j
:. _&,. JI
tA
[ :I1
34-THE BOOK OF SALES (BARGAINS) - 164
si J,il
L O
4t
(9) CHAPTER. Going out for trading
Arid the Statementof Al l ah J-
:
"You may disperse through the l and and
seek of the Bounty of Al l ah (by working). .
(V. 62:10)
2062. Narrated 'Ubaid bin 'Umair: AbU
MUsa asked 'Umar ii to admithim
buthe was notadmitted as 'Umar was busy,
so AbU Ms wentback. W hen 'Umar
finished his job he said, "Didn'tI hear the
voice of 'Abdul l ah bin Qais? Lethim come
in. " 'Umar was tol d thathe had l eft. So, he
sentfor him and on his arrival , he (Abfl
Msa) said, "W e were ordered to do so (i. e. ,
to l eave if notadmitted after asking
permission thrice). 'Umar tol d him, "Bring
witness in proof of your statement. " Abu
Mcisa wentto the A nsr's meeting pl aces and
asked them. They said, "None amongstus
wil l give this witness exceptthe youngestof
us, AbU Sa'id Al -KhudrI. Abu MUsa then
took AbU Sa'id Al -Khudri (to 'Umar) and
'Umar said surprisingl y, "Has this order of
Al l ah's Messenger been hidden from
me?" (Then he added), "I used to be busy
trading in markets, i. e. , going outfor
trading. "
(10) CHAPTER. Trading in sea.
And Matar said, "There is no harm in it,
and whatever Al l ah has mentioned aboutitin
the Qur'an, is butthe truth. " Then he
(Mal ar) recited:
". . And you see the ships pl oughing
through it, thatyou may seek (thus) of His
Bounty (by transporting the goods from pl ace
to pl ace). . "' (V. 16:14)
34THE BOOK OF SALES (BARGAINS) J t - 165
2063. Ab Hurairah said,
a
mentioned a person
from Ban! Israel who travel l ed by sea and
carried outhis needs. " Then he narrated the
whol e story.
[See Hadi th. No. 2291].
(11) CHAPTER.
"And when they see some merchandise or
some amusement [beating of Tambr (drum)
etc.]
,
they disperse headlong to it...
(V.62:11)
And Allah's Statement:
"Men whom neither trade nor sale divert
them from the Remembrance of Allah. .
(V.24:37)
Qatada said, "The peopl e used to trade,
butwhenever they were to perform any of
Al l ah's obl igations, then neither trade nor
sal e woul d divertthem from the
Remembrance of Al l ah, butthey woul d
rather ful fil thatobl igation. "
2064. Narrated Jabir A
caravan arrived (atAl -Madina) whil e we
were offering the J umu'ah (prayer) with the
Prophet. The peopl e l eftand wentoutfor
the caravan, with the exception of twel ve
persons. Then this Verse was reveal ed:
"And when they see some merchandise or
some amusement[beating of Tambr (drum)
etc. ], they disperse headl ong to it, and l eave
34THE BOOK OF SALES (BARGAINS) tjjl 6its
- 1
166
you standing. . . " (V. 62:11)
(12) CHAPTER. Allah's Statement:
"...Spend of the good things which you
have (legally) earned..." (V.2:267)
2065. Narrated 'Aishah 4:i. Zi The
Prophet;said, "If a woman gives in charity
from her house meal s withoutwasting (i. e. ,
being extravagant), she wil l getthe reward
for her giving, and her husband wil l al so get
the reward for his earning and the
storekeeper wil l al so geta simil ar reward.
The acquisition of the reward of none of
them wil l reduce the reward of the others. "
2066. Narrated Abu Hurairah i
The Prophet4tsaid, "If a woman gives
something (i. e. , in charity) from her
husband's earnings withouthis permission,
she wil l gethal f his reward. "
(13) CHAPTER. W hoever liked to expand in
his sustenance.
2067. Narrated Anas bin Ml ik i i
I heard Al l ah's Messenger ;saying,
"W hoever desires an expansion in his
sustenance and age, shoul d keep good
rel ations with his kith and kin. "
34-THE BOOK OF SALES (BARGAINS) - 167
1 Lc
L
(14) CHAPTER. The Prophet jW purchased
La(u)
(foodgrains) on credit.
4Li
41 The
ProphetjW , purchased food grains from a Jew
on creditand mortgaged his iron armour to
him.
A1
2069. Narrated Qatada: Anas i
wentto the ProphetA with barl ey bread
having some dissol ved faton it. The Prophet
had mortgaged his armour to a Jew in Al -
Madina and took from him some barl ey for
his famil y. Anas heard him saying, "The
househol d of Muhammad

did notpossess
even a singl e a' of wheator food grains for
their evening meal , al though he has nine
wives (to l ook after)".
[See Hadi th No. 2508]
[Uiv
- : L tii. -
1(iLJ L
3
al
,3L,
['o. A :)i]
34THE BOOK OF SALES (BARGAINS) 6AI - 168
(15) CHAPTER. The earnings of a person
and his manual labour.
2070. Narrated ' ishah W hen
AbQ Bakr A-iddiq was chosen Cal iph, he
said, "My peopl e know thatmy profession
was notincapabl e of providing sustenance to
my famil y. And as I wil l be busy serving the
Musl im nation, my famil y wil l eatfrom the
National Treasury of Musl ims, and I wil l
practise the profession of serving the
Musl ims."
2071. Narrated 'Aishah ii : The
companions of Al l ah's Messenger ;used to
practise manual l abour, so their sweatused
to smel l , and they were advised to take a
bath.
2072. Narrated Al -Miqdam i 1i
The Prophetsaid, "Nobody has ever eaten
a better meal than' thatwhich one has earned
by working with one's own hands. The
Prophetof Al l ah, DawUd (David) LJ
used to eatfrom the earnings of his manual
l abour. "
4_4aL(\o)
34- THE BOOK OF SALES (BARGAINS)
ya - rt169
2073. Narrated AbU Hurairah iZi
Al l ah's Messenger ;said, "The Prophet
DwUd (David) LJl used notto eat
exceptfrom the earnings of his manual
l abour."
Al l ah's Messenger
0
said, "No doubt, itis
better for anyone of you to cuta bundl e of
wood and carry itover his back rather than to
ask somebody who may or may notgive
him. "
[See H. 2374].
2075. Narrated Az-Zubair bin Al -
'Awwam i I The Prophet;said,
"One woul d rather take a rope (and cutwood
and carry itthan to ask others) . "
[fly.
- -
L-
3 u :JU L
ft -
L)
(16) CHAPTER. One should be lenient and
generous in bargaining, and whoever
demands his debts back should do so in a
modest lenient manner.
2076. Narrated Jabir bin 'Abdul l Ah
L4L: Al l ah's Messenger said, "May
Al l ah's Mercy be on him who is l enientin
his buying, sel l ing, and in demanding back
his money. "
L (Y)
J 1 jL.
:3
; f ._9.4 i2.l
. .
(v)
3
-
- ''VA
'. k;3
34 '[HE BOOK OF SALES (BARGAINS) - 170
(17) CHAPTER. W hoever gave time to a rich
person to pay at his convenience.
2077. Narrated Hudhaifa ti The
ProphetiW , said, "Before your time the
angel s took the soul of a man and asked
him, 'Did you do any good deeds (in your
l ife)'?' He repl ied, 'I used to order my
empl oyees to granttime to the rich person
to pay his debts athis convenience and excuse
the one in hard circumstances'. So Al l ah said
to the angel s: 'Excuse him. '"
Rab'i said that(the dead man said), "I
used to be easy to the rich and granttime to
the one in hard circumstances. " Or, in
another narration, ". . . granttime to the
wel l -off and forgive the one in hard
circumstances," or, ". . . acceptfrom the
wel l -off and forgive the one in hard
circumstances."
(18) CHAPTER. W hoever waited for a
person in hard circumstances to pay back
his debt (i.e., when he is able to repay).
2078. Narrated Abfl Hurairah S i
The Prophet41g said, "There was a merchant
who used to l end the peopl e, and whenever
his debtor was in straitened circumstances,
he woul d say to his empl oyees, 'Forgive him
34 THE BOOK OF SALES (BARGAINS) L4.J1 6jLT
- P9
so thatAl l ah may forgive us. ' So, Al l ah
forgave him."
(19) CHAPTER. If both the seller and the
buyer explain the good and bad points
concerning the transaction and hide
nothing and give sincere advice (then they
are blessed in their bargain).
Al -'Adda' bin Khl id said, "The Prophet
Ol tgotthis statementwritten for me: 'This is
whatMuhammad, Al l ah's Messenger
boughtfrom 'Adda' bin Khl id as a Musl im
sel l s to another Musl im and thatit(i. e. , the
boughtsl ave) is neither sick, nor bad-
behaved nor stol en. "
Qatada said thatA l-Gha'i la means:
adul tery, theftor (the sl ave) who runs away.
Itwas said to Ibrahim, "Some brokers
name their stabl es and the stabl es of
ih_ursn and Sigstan and say, 'It(i. e. , the
animal ) arrived from Khursan onl y
yesterday (or) itcame from Sigstan today. "
Ibrahim hated thatvery much.
'Uqba bin 'Amir said, "Itis il l egal for one
to sel l a thing if one knows thatithas a
defect, unl ess one informs the buyer of that
defect. "
2079. Narrated Hakim bin Hizm i
L: Al l ah's Messenger said, "The sel l er
and the buyer have the rightto keep or return
goods as l ong as they have notparted, or til l
they part;and if both the parties spoke the
truth and described the defects and qual ities
(of the goods), then they woul d be bl essed in
their transaction, and if they tol d l ies or hid
something, then the bl essings of their
:JU
-
L
/J LA
r t
3Sfl
-
:LJ
3;j
['rtA :)I] .U.ci.

transaction woul d be l ost. "
(20) CHAPTER. Selling of mixed dates.
2080. Narrated AbU Sa'id i ,. : W e
used to be given mixed dates (from the booty)
and used to sel l (barter) two $a' (of those
dates) for one ' (of good dates). The
Prophetsaid (to us), "No (bartering of)
two Sa', for one S' nor two Dirhams for one
Dirham is permissibl e", [as thatis a kind of
Ri ba (usury)].
[See Hadi h No. 2201, 2202].
(21) CHAPTER. W hat is said about the meat
seller and the butcher.
2081. Narrated AbU Mas'tid: An A nsari
man, cal l ed AbU Shu'aib, came and tol d his
butcher sl ave, "Prepare meal s sufficientfor
five persons, for I wantto invite the Prophet
;al ong with four other persons as I saw
signs of hunger on his face. " Abu Shu'aib
invited them and another person came al ong
with them. The Prophet4h said (to Abu
Shu'aib), "This man fol l owed us, so if you
al l ow him, he wil l join us, and if you want
him to return, he wil l go back. " AN! Shu'aib
said, "No, I have al l owed him (i. e. , he, too,
is wel comed to the meal ) . "
e. 11
6Ja -
1173
(22) CHAPTER. W hat is said regarding the
loss (of blessing) if one tells lies or hides the
facts in a deal.
2082. Narrated Hakim bin Hizm
i: The Prophetitsaid, "The buyer and the
sel l er have the option to cancel or to confirm
the deal as l ong as they have notparted, or
til l they part, and if they spoke the truth and
tol d each other the defects of the things, then
bl essings woul d be in their deal , and if they
hid something and tol d l ies, the bl essing of
the deal woul d be l ost."
"0 you who believe! Eat not Rib
(usury)' doubled and multiplied."
(V3 :130)
The Prophetsaid;"Certainl y a time wil l
come when peopl e wil l notbother to know
from where they earned the money, by l awful
means or the unl awful means."
[See H. 20591.
['t.o
(24) CHAPTER. (The sin of) one who eats o. . LaL. jLJ
JST aL
(' 0
Riba (usury), its witness and its writer. -
"Those who eatRi ba (usury) wil l notstand
(on the Day of Resurrection) exceptl ike
standing of a person beaten by Shai tan
(Satan) l eading him to insanity.
Thatis because they say: Trading is onl y
l ike Ri ba (usury). W hereas Al l ah has
permitted trading and forbidden Ri ba
(1) (Chap. 23) "Ri ba": See the gl ossary.
ccj
.ft
34- THE BOOK OF SALES (BARGAINS) -
174
(usury). "So, whosoever receives an
admonition from his Lord and stops eating
Ri ba (usury) shal l notbe punished for the
past;his case is for Al l ah (to judge);but
whoever returns [to Ri ba (usury)], such are
the dwel l ers of the Fire-they wil l abide
therein. " (V. 2:275)
2084. Narrated ' ishah W hen
the l astVerses of Srat A l-Ba qarah were
reveal ed, the ProphetjMrecited them in the
mosque and procl aimed the trade of al cohol
i. e. , l iquors as il l egal .(')
2085. Narrated Samura bin Jundab i t
: The Prophetsaid, "This nightI
dreamtthattwo men came and took me to
a sacred l and whence we proceeded on til l we
reached a river of bl ood, and in it(its middl e)
there was a man, and on its bank was
standing another man with stones in his
hands. The man in the middl e of the river
tried to come out, butthe other threw a stone
in his mouth and forced him to go back to his
original pl ace. So, whenever he tried to come
out, the other man woul d throw a stone in his
mouth and force him to go back to his former
pl ace. I asked, 'W ho is this?' I was tol d, 'The
person in the river was a Ri ba-eater. '"
(1) (H. 2084) Imam Al -Bukhari incl udes this Hadi th here because the l astVerses of Srat
A l-Baqarah deal with the topic of Ri ba, too.
34THE BOOK OF SALES (BARGAINS) fl yLl - 175
(25) CHAPTER. (The sin of) the Rib.giver.
As is referred to in the Statementof Al l ah
"0 you who bel ieve! Be afraid of Al l ah
and give up whatremains (due to you) from
Ri ba (usury) (from now onwards), if you are
(real l y) bel ievers. And if you do notdo it,
then take a notice of war from Al l ah and His
Messenger butif you repent, you shal l have
your capital sums. Deal notunjustl y (by
asking more than your capital sums), and you
shal l notbe deal twith unjustl y (by receiving
l ess than your capital sums). And if the
debtor is in a hard time (has no money), then
granthim time til l itis easy for him to repay,
butif you remititby way of charity, thatis
better for you if you did butknow. And be
afraid of the Day when you shal l be brought
back to Al l ah. Then every person shal l be
paid whathe earned, and they shal l notbe
deal twith unjustl y. " (V. 2:278-281)
Ibn Abbs said, "This was the l astVerse
reveal ed to the Prophet . "
2086. Narrated 'Aun bin AbuJubaifa:My
:. . A. 4T,i
- ''
father boughta sl ave who practised the

profession of cupping. (My father broke the - -
sl ave's instruments of cupping). I asked my L5-- :
J U
father why he had done so. He repl ied, "The
Prophetforbade the acceptance of the
Li
U. iL
A-
price of a dog or bl ood, and al so forbade the .
>4
. . . i
profession of tattooing, or getting tattooed
'--'
and the eater of Ri ba, (usury) and al so the
-
one who gives it, and cursed the picture- . I
makers. "
Sto tv rA
(26) CHAPTER.: "Allah will destroy Rib
L&
I v L (r)
(usury) and will give increase for Sadaqat

4j3
(deeds of charity, alms). And Allah likes not
the disbelievers, sinners!" (V.2:276) JYVI : 1aJ]
2O87. Narrated AbUHurairahZi,:I :S- 'AV
heard Al l ah's Messenger saying, "The
e9116.
ja - 176
swearing (by the sel l er) may persuade the
buyer to purchase the goods butthatwil l be
deprived of Al l ah's Bl essing. "
(27) CHAPTER. W hat is disapproved of as
regards giving oaths (swearing) while
selling.
2088. Narrated 'Abdul l h bin AbU Afifa
. 0 A man displ ayed some goods in
the marketand swore by Al l ah thathe had
been offered so much for that, thatwhich was
notoffered, and he said that, so as to cheata
Musl im. On thatoccasion the fol l owing
Verse was reveal ed:
"Veril y! Those who purchase a smal l gain
atthe costof Al l ah's Covenantand their
oaths. . ." (V. 3:77)
oIdsmiths.
Narrated Ibn 'Abbs L41 ii a: The
ProphetMsaid, "Do notcutthe shrubs of
Makkah. " Al -'Abbas said, "ExceptA l-
Icji Ii r (a kind of grass). Itis used by their
bl acksmith and for their houses. " The
Prophetsaid, "ExceptA l-I4/i cJ i r."
2089. Narrated 'Al i ZI I gotan
ol d she-camel as my share from the booty,
and the Prophethad given me another
(1) (H. 2087) Hadi tli No. 2087 confirms the factthatwhatyou earn il l egal l y, decreases
ul timatel y, for itwil l be deprived of Al l ah's Bl essing and itwil l resul tin bringing about
punishmentin the Hereafter;whil e whatyou give in charity wil l be compensated for by
the Bl essing of Al l ah many times, and you wil l be rewarded for itin the Hereafter as
wel l .
6jtS - rt 177
from A l-Khumus.
And when I intended to
many Fatima i (daughter of the
Prophet
I arranged thata gol dsmith
from the tribe of Ban! Qainuqa' woul d
accompany me in order to bring kjIIc/i r and
then sel l itto the gol dsmiths and use its price
for my marriage banquet.
2090. Narrated Ibn 'Abbas 4
Al l ah's Messenger said, "Al l ah made
Makkah a sanctuary and itwas neither
permitted for anyone before, nor wil l itbe
permitted tor anyone after me (to fightin it).
And fighting in itwas made l egal for me for a
few hours of a day onl y. None is al l owed to
uprootits thorny shrubs or to cutdown its
trees or to chase its game or to pick up its
Luqafa (fal l en things) exceptby a person who
woul d announce itpubl icl y. " 'Abbas bin
'Abdul -Muttl ib requested the Prophet,
"ExceptA l-14h/hi r, for our gol dsmiths and
for the roofs of our houses." The ProphetjW
said, "ExceptA l-I4IIc1Ii r."'Ikrima said, "Do
you know whatis meantby chasing its game?
Itis to drive itoutof the shade and to sitin its
pl ace. " Khl id said, "('Abbas said: A l-
Idhlchi r)for our gol dsmiths and our graves."
:jLi
:Ji 14 :- L44i.
ti ;U
,
5
I
L )jI L
:7
4r.0 Yv o
[ovr
'-
-
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,
. jj
i'
NI)) :JU
LLJ
il f LL
))
3U . JL
J
JI
LJ :JL-
:-,1
34THE BOOK OF SALES (BARGAINS)
e
- 1
178
(29) CHAPTER. The mentioning of
blacksmiths.
2091. Narrated Khabbab tI was
a bl acksmith in the Pre-Isl amic Period of
Ignorance, and'Aas bin W 'il owed me some
money, so I wentto him to demand it. He
said (to me), "I wil l notpay you unl ess you
disbel ieve Muhammad () . " I said, "I wil l
notdisbel ieve til l Al l ah kil l s you and then you
getresurrected. " He said, "Leave me til l I
die and getresurrected, then I wil l be given
weal th and chil dren and I wil l pay you your
debt." On thatoccasion itwas reveal ed to the
Prophet: "Have you seen him who
disbel ieved in Our A yat (this Qur'an and
Muhammad ) and said: 'I shal l certainl y be
given weal th and chil dren [(if I wil l be al ive
(again)]'? Has he known the unseen, or has
he taken a covenantfrom the MostGracious
(Al l ah)?" (V. 19:77,78)
(30) CHAPTER. The mentioning of the
tailor.
2092. Narrated Isaq bin 'Abdul l ah bin
Abu Tal kia: I heard Anas bin Mal ik
saying, "A tail or invited Al l ah's Messenger
;to a meal which he had prepared. " Anas
bin Ml ik i ,;said, "I accompanied
Al l ah's Messenger 4jto thatmeal . He served
the Prophetj4t with bread and soup made
with gourd and dried meat. I saw the Prophet
taking the pieces of gourd from the dish. "
Anas added, "Since thatday I have
continued to l ike gourd."
)
aL (fl t)
L- JW
ti ;
j
LJl
i;2
:ti :LU
-
-- I
L
U
L
Ui
:)t] [VA - vv
tv'rt tvr tvry 4ytyo Yyvo
Livro
iLi(re)
II -
iULa
dil
:J)
Uj
; 41:g'q:)UL
l
L
3
:Z
4il J
L)
J43
34- THE BOOK OF SALES (BARGAINS) tjjl 6ja -ft 179
(31) CHAPTER. The weaver.
2093. Narrated Ab Hzim: I heard Sahl
bin Sa'd ZZ i ;saying, "A woman brought
a Burda (i. e. , a square piece of cl oth having
fril l s). I asked, 'Do you know whata Burda
is?' They repl ied in the affirmative and said,
'Itis a cl oth sheetwith woven margins.
,
wenton, "She addressed the Prophet
and said, 'I have woven itwith my hands for
you to wear. ' The Prophettook itas he
was in need of it, and came to us wearing itas
a waistsheet. A man from those (who were
presentthere) said, '0 Al l ah's Messenger!
Give itto me to wear. ' The Prophet
agreed to give itto him. The Prophetsat
with the peopl e for a whil e and then returned
(home), wrapped thatwaistsheetand sentit
to him. The peopl e said to thatman, 'You
have notdone wel l by asking him for itwhen
you know thathe never turns down anybody's
request. ' The man repl ied, 'By Al l ah, I have
notasked him for itexceptto use itas my
shroud when I die. " Sahl added;"Later it
(i. e. , thatsheet) was his shroud. "
(32) CHAPTER. The carpenter.
2094. Narrated AbU Hzim: Some men
came to Sahl bin Sa'd to ask him aboutthe
pul pit. He repl ied, "Al l ah's Messenger iiJ
sentfor a woman (Sahl named her) (this
message): 'Order your sl ave carpenter to
- ILr 1
make pieces of wood (i. e. , a pul pit) for me so
thatI may siton itwhil e addressing the
peopl e. ' So, she ordered him to make itfrom
the tamarisk of the forest. He broughtitto
her and she sentitto Al l ah's Messenger .
Al l ah's Messenger ordered itto be pl aced
in the mosque. So, itwas putand he saton it.
2095. Narrated Jbir bin 'Abdul l ah I
L4: An A nsari woman said to Al l ah's
Messenger , "0 Al l ah's Messenger! Shal l
I make something for you to siton, as I have
a sl ave who is a carpenter?" He repl ied, "If
you wish." So, she gota pul pitmade for him.
W hen itwas Friday, the Prophetsaton
thatpul pit. The date-pal m stem, near which
the ProphetjW used to del iver his IJ uba
(rel igious tal ks), cried so-much-so thatitwas
aboutto burst. The Prophetcame down
from the pul pitto the stem and embraced it
and itstarted groaning l ike a chil d being
persuaded to stop crying and then itstopped
crying. The Prophet

said, "Ithas cried
because of (missing) whatitused to hear of
the rel igious knowl edge
(See Vol . 4,Hadi th No. 3583).
(33) CHAFFER. The purchase by the ruler
of his necessities by himself.
l bn 'Umar said, "The Prophet
ii boughta camel from 'Umar . " Ibn 'Umar
L4 purchased (goods) by himsel f.
tjj1 6. ja
-
181
'Abdur-Rahman bin AbU Bakr L41
said: "A
Mus}i ri k came with sheep and the
Prophet;boughta sheep from him and (the
Prophet41tal so bought) a camel from Jbir . "
2096. Narrated 'Aishah Li
Al l ah's Messenger boughtfood grains
from a Jew on creditand mortgaged his
armour to him.
(34) CHAPTER. The purchase of animals
and donkeys.
If somebody buys an animal or a camel
and the sel l er is stil l riding over it, wil l the
bargain be regarded as settl ed before the
sel l er gets down from it?
Ibn 'Umar ;said, "The Prophet
tol d 'Umar to sel l thatunmanageabl e
(untamed) camel to him."
2097. Narrated Jbir bin 'Abdul l h i
i: I was with the Prophetin a
Gli azwa
(mil itary expedition) and my camel was sl ow
and exhausted. The Prophet4&came up to
me and said, "0 JAbir . " I repl ied, "Yes?" He
said, "W hatis the matter with you?" I
repl ied, "My camel is sl ow and tired, so I
am l eftbehind." So, he gotdown and poked
the camel with his stick and then ordered me
to ride. I rode the camel and itbecame so fast
thatI had to hol d itfrom going ahead of
Al l ah's Messenger . He then asked me,
"Have you gotmarried?" I repl ied in the
affirmative. He asked, "A virgin or a

matron?" I repl ied, "I married a matron. "
The Prophetsaid, "W hy have you not
married a virgin, so thatyou may pl ay with
her and she may pl ay with you?" Jabir
repl ied, "I have sisters (young in age) so I
l iked to marry a matron who coul d col l ect
them al l and comb their hair and l ook after
them. " The Prophet;said, "You wil l reach
(home), so when you have arrived (athome),
I advise you to associate with your wife (that
you may have an intel l igentson) . " Then he
asked me, "W oul d you l ike to sel l your
camel ?"! repl ied in the affirmative and the
Prophetpurchased itfor one Uqi ya of
gol d. Al l ah's Messenger reached (Al -
Madina) before me and I reached in the
morning, and when I wentto the mosque, I
found him atthe door of the mosque. He
asked me, "Have you arrived justnow?" I
repl ied in the affirmative. He said, "Leave
your camel and come into (the mosque) and
offer a two Rak' (prayer) . " I entered and
offered the Salat (prayer). He tol d Bil l to
weigh and give me one Uqi ya of gol d. So,
Bil Al weighed for me fairl y and I wentaway.
The Prophett4 sentfor me and I thought
thathe woul d return to me my camel which I
hated more than anything el se. Butthe
ProphetjK said to me, "Take your camel as
wel l as its price."
(35)
CHAPTER. The markets of the Pre-
Islamic Period of Ignorance where the people
continued to trade after embracing Islam.
'Ukz, Majanna and Dhul -Majz were
markets in the Pre-Isl amic Period of
Iqnorance. W hen the peopl e embraced
Isl am, they considered ita sin to trade
[oVV
LA
Jt
()
34- THE BOOK OF SALES (BARGAINS) 6ja -
rt 1183
there. So, the fol l owing Verse came:
"There is no sin on you if you seek the
Bounty of your Lord (during pil grimage by
trading etc. ). . . . . (V. 2:198)
Ibn 'AbbAs recited itl ike this.
(36) CHAPTER. Purchasing of camel
suffering from skin disease or disease
causing severe thirst.
2099. Narrated 'Amr: Here (i. e. , in
Makkah) there was a man cal l ed Nawws
and he had camel s suffering from a disease
causing excessive and unquenchabl e thirst.
Ibn 'Umar 4 ii wentto the partner of
Nawws and boughtthose camel s. The man
returned to Nawws and tol d him thathe had
sol d those camel s. Nawws asked him, "To
whom have you sol d them?" He repl ied, "To
such and such Sheikh. " Nawws said, "W oe
to you;By Al l ah, thatSheikh was Ibn
'Umar. " Nawws then wentto Ibn 'Umar
and said to him, "My partner sol d you camel s
suffering from a disease causing excessive
thirstand he had notknown you." Ibn 'Umar
tol d him to take them back. W hen Nawwas
wentto take them, Ibn 'Umar said to him,
"Leave itas I am happy with the decision of
Al l ah's Messenger thatthere is no 'A dwa
(i. e. , no contagious disease is conveyed to
others withoutAl l ah's Permission) . "
(37) CHAPTER. Selling of arms during the
period of Al-Fitnah (trial, affliction) and
otherwise.
- 18jj
'Imran bin Husain hated the sel l ing (of
arms) during A l-Fi tnah (trial , affl iction).
2100. Narrated AbU Qatada $ i
W e setoutwith Al l ah's Messenger in the
year of (the battl e of) Uunain, (the Prophet
gave me an armour). I sol d thatarmour
and boughta garden in the region of the tribe
of Bani Sal ama and thatwas the firstproperty
I gotafter embracing Isl am.
(38) CHAPTER. (W hat is said) about the
perfume seller and the selling of musk.
2101. Narrated AbU MUsa iS' 'ii
Al l ah's Messenger said, "The exampl e of
a good companion (who sits with you) in
comparison with a bad one, is l ike thatof the
owner of musk (perfume sel l er) and the
owner of bel l ows (or furnace) (bl acksmith);
from the firstyou woul d either buy musk or
enjoy its good smel l , whil e the owner of
bel l ows (bl acksmith) woul d either burn your
cl othes or your house, or you geta bad nasty
smel l thereof. "
(39) CHAPTER. The mentioning of A l-
Hajjm (i.e., the one who practises
cupping).
2102. Narrated Anas bin Mal ik ZIP-
Abu. Taiba cupped Al l ah's Messenger A. So
6ja - rt
he () ordered thathe be paid one S' of
dates and ordered his masters to reduce his
tax (as he was a sl ave and had to pay a tax to
them).
2103. Narrated Ibn 'Abbas L . bI e:
Once the Prophet4i-T gothis bl ood out
(medical l y) and paid thatperson who had
done it. If ithad been il l egal , the Prophet
woul d nothave paid him.
(40) CHAPTER. The trade of cloth, the
wearing of which is considered undesireable
both for men and women.
L. 4 : Once the ProphetjL&sentto 'Umar a
sil ken two-piece garment, and when he saw
'Umar wearing it, he said to him, "I have not
sentitto you to wear. Itis worn by him who
has no share in the Hereafter, and I have sent
itto you so thatyou coul d benefitby it(i. e. ,
sel l it) . "
2105. Narrated 'Aishah LL I
Mother of the Bel ievers: I boughta cushion
with pictures on it. W hen Al l ah's Messenger
;saw it, he keptstanding atthe door and
did notenter the house. I noticed the sign of
disguston his face, so I said, "0 Al l ah's
Messenger! I repentto Al l ah and His
Messenger
.
(Pl ease l etme know) what
t.ya
-
186
sin I have done." Al l ah's Messenger 4N said,
"W hataboutthis cushion?" I repl ied, "I
boughtitfor you to sitand recl ine on. "
Al l ah's Messenger jok, said, "The painters
(i. e. , owners) of these pictures wil l be
punished on the Day of Resurrection. It
wil l be said to them, 'Putl ife in whatyou have
created (i. e. , painted). '" The Prophet
added, "The angel s do notenter a house in
which there are pictures."
(41) CHAPTER. The owner of a thing has to
suggest a price.
2106. Narrated Anas L- e: The
Prophetsaid, "0 Bani Najjar! Suggesta
price for your garden." Partof itwas a ruin
and itcontained some date-pal ms.
(42) CHAPTER. For what period has one to
confirm or cancel the bargain?
2107. Narrated Ibn 'Umar L4 i
The Prophetsaid, "The buyer and the
sel l er have the option to cancel or confirm
the bargain before they separate from each
other, or if the sal e is optional . "(')
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(1) (H. 2107)11 the bargain is concl uded butthe buyer and sel l er are stil l atthe pl ace where
the bargain has taken pl ace, they have the rightto cancel or confirm the bargain. If=
'
-,U
1
isj
Nfi' said, "Ibn 'Umar used to separate
quickl y from the sel l er if he had boughta
thing which he l iked."
The Prophetitsaid, "The buyer and the
sel l er have the option of cancel l ing or
confirming the deal unl ess they separate."
(43) CHAPTER. If the time for the option is
not fixed, will the deal be considered as
legal?
2109. Narrated Ibn 'Umar L4i ii
Al l ah's Messenger said, "The sel l er and
the buyer have the option of cancel l ing or
confirming the deal unl ess they separate, or
one of them says to the other, 'Choose (i. e. ,
decide to cancel or confirm the bargain
now). ' Perhaps he said, 'Or if itis an
optional sal e. '"
=they separate, they no l onger have such an option. If, whil e they are stil l together, one
of them gives the other the option of cancel l ing or confirming the bargain and they agree
upon a decision, the bargain is regarded as final even though they have notseparated.
On the other hand, if the buyer and the sel l er agree upon having the option of cancel l ing
or confirming the bargain after they separate, the bargain is notregarded as final unl ess
the period of the option has el apsed. (A 1-Qastalani , Vol . 4).
34THE BOOK OF SALES (BARGAINS) tjfl - 188
(44) CHAPTER. Both the buyer and the
seller have the option to cancel or confirm
the bargain, unless they separate.
Ibn 'Umar, Shuraiti, Ash-Sha'bi, Tawns,
'Al a', and Ibn AbU Mul aika agree upon ths
judgement.
The Prophetitsaid, "The buyer and the
sel l er have the option of cancel l ing or
confirming the bargain unl ess they separate,
and if they spoke the truth and made cl ear
the defects of the goods, then they woul d be
bl essed in their bargain, and if they tol d l ies
and hid some facts, their bargain woul d be
deprived of Al l ah's Bl essings. "
ii: Al l ah's Messenger
i,
said, "Both
the buyer and the sel l er have the option of
cancel l ing or confirming a bargain unl ess
they separate, or the sal e is optional . " (See
HadTth No. 2107).
(45) CHAPTER. If the buyer and the seller
give each other the option of cancelling the
bargain immediately after the bargain is
made (while they are still together), the
bargain is rendered final (even if they did not
separate).
- Vt
64---- *
El
Al l ah's Messenger said, "Both the buyer
and the sel l er have the option of cancel l ing or
confirming the bargain as l ong as they are stil l
together;and unl ess they separate or one of
them gives the other the option of keeping or
returning the things and a decision is
concl uded then, in which case the bargain is
considered as final . If they separate after the
bargain and none of them has rejected it,
then the bargain is rendered final ."
(46) CHAPTER. Is selling permissible if the
seller has the option of cancelling the
bargain?
2113. Narrated Ibn 'Umar 4i i
The Prophetsaid, "No deal is settl ed and
final ized unl ess the buyer and the sel l er
separate, exceptif the deal is optional
(whereby the val idity of the bargain
depends on the stipul ations agreed upon)
2114. Narrated Hakim bin Hizam
Z: The Prophet
Or,
said, "Both the buyer
and the sel l er have the option of cancel l ing or
confirming the bargain unl ess they separate."
The subnarrator, Hammm said, "I found
this in my book: 'Both the buyer and the
sel l er have the option of either confirming or
cancel l ing the bargain three times, and if
they speak the truth and mention the defects,
then their bargain wil l be bl essed, and if they
tel l l ies and conceal the defects, they might
gain some financial gain butthey wil l deprive
their sal e of (Al l ah's) Bl essings. "
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34-THE BOOK OF SALES (BARGAINS) ya - 190
LJI :il
(47) CHAPTER. W hat is said if somebody
buys a thing and gives it as a present to
someone else at that very moment before
separating from the seller, and the seller has
had no objection to the buyer's action;or if
someone buys a slave and then manumits
him?
Twus said thatif somebody boughta
thing with mutual agreementand then sol d
it, then thatwas his property and the profit
woul d be for him.
2115. Narrated Ibn 'Umar L4L Zi
W e were accompanying the Propheton a
journey and I was riding an unmanageabl e
camel bel onging to 'Umar i , and 1
coul d notbring itunder my control . So, it
used to go ahead of the party and 'Umar
woul d check itand force itto retreat, and
again itwentahead and again 'Umar forced it
to retreat. The Prophetasked 'Umar to
sel l thatcamel to him. 'Umar repl ied, "Itis
for you 0 Al l Ah's Messenger!" Al l ah's
Messenger tol d 'Umar to sel l thatcamel
to him (notto give itas a gift). So, 'Umar
sol d itto Al l ah's Messenger jW . Then the
Prophetjijsaid to 'Abdul l ah bin 'Umar,
"The camel is for you 0 'Abdul l Ah (as a
present) and you coul d do with itwhatever
you l ike. "
2116. Narrated 'Abdul l Ah bin 'Umar
L I: I bartered my property in Khaibar 1
to 'UthmAn (chief of the faithful bel ievers)
for his property in Al -W di 2 . W hen we
(1) (11. 2116) Khaibar is six stages to the north-westof Al -Madina.
(2) (11. 2116) AI-W Adi is a districtnear Al -Madina.
34-THE BOOK OF SALES (BARGAINS) - rt 191
finished the deal , I l eftimmediatel y and got
outof his house l esthe shoul d cancel the
deal , for the tradition was thatthe buyer and
the sel l er had the option of cancel l ing the
bargain unl ess they separated. W hen our
deal was compl eted, I came to know thatI
had been unfair to 'Uthman, for by sel l ing
him my l and I caused him to be in the l and of
Thamd, ata distance of three days' journey
from Al -Madina, whil e he made me nearer
to Al -Madina, ata distance of three days'
journey from my former l and.
(48) CHAPTER. W hat is disliked as regards
cheating in business.
A person came to the Prophet;and
tol d him thathe was al ways betrayed in
purchasing. The Prophet;tol d him to say at
the time of buying, "No cheating. " (i. e. , he
has the rightto return itif found
undesirabl e).
(49) CHAPTER. W hat is said about
markets.
And narrated 'Abdur-Rahmn bin 'Af:
On our arrival in Al -Madina, I asked whether
there was a marketof trading. Somebody
said, "There is the marketof Qainuqa' . "
Narrated Anas: 'Abdur-Rahmn said,
"Show me the market. " And 'Umar said,
"Trading in the marketdiverted my attention
(from better things) . "
34- THE BOOK OF SALES (BARGAINS) - 192
2118. Narrated 'Aishah L4J. iI
Al l ah's Messenger said, "An army wil l
invade the Ka'bah and when the invaders
reach Al -Baid', al l the ground wil l sink and
swal l ow the whol e army. " I said, "0 Al l ah's
Messenger! How wil l they sink into the
ground whil e amongstthem wil l be their
markets (the peopl e who worked in business
and notinvaders)(') and the peopl e not
bel onging to them?" The Prophet
repl ied, "Al l of those peopl e wil l sink but
they wil l be resurrected and judged according
to ti intentions. "
Al l ah's Messenger said, "The
congregational Saldt (prayer) of anyone
amongstyou is more than twenty (five or
twenty-seven) times in reward than his Salat
(prayer) in the marketor in his house, for if
he performs abl ution perfectl y and then goes
to the mosque with the sol e intention of
performing the Salat (prayer), and nothing
urges him to proceed to the mosque except
the Salat (prayer), then, on every step which
he takes towards the mosque, he wil l be
raised one degree or one of his sins wil l be
forgiven. The angel s wil l keep on asking
Al l ah's Forgiveness and Bl essings for
everyone of you so l ong as he keeps sitting
athis praying pl ace. The angel s wil l say, '0
Al l ah, Bl ess him! 0 Al l ah, be Merciful to
him!' As l ong as he does notdo
HadatJ i
or a
thing which gives troubl e to the other."
The Prophetit, further said, "One is
(1) (H. 2118) The Arabic word for 'markets' occurs in some narrations in the from of other
words which are al so probabl e. Those probabl e words stand for such words as 'nobl es'
or 'other peopl e. '
34-THE BOOK OF SALES (BARGAINS) Jl ya -
ri. 11193
II
regarded in Salat (prayer) so l ong as one is
waiting for the Salat (prayer) . "
2120. Narrated Anas bin Mal ik Z
W hil e the Prophetii was in the market,
somebody cal l ed, "0 Abul -Qasim. " The
Prophetturned to him. The man said, "I
have cal l ed to this (i. e. , another man) . " The
Prophetsaid, "Name yoursel ves by my
name butnotby myKunya (surname)
,,(1)
(In
Arab worl d itis the custom to cal l the man as
the father of his el destson, e. g. , Abul -
Qasim. )
[See Vol. 4, Hadi th No .3537).
2121. Narrated Anas ii e: A man at
Al -Baqi' cal l ed, "0 Abul -Qasim!" The
Prophetturned to him and the man said
(to the Prophet ), "I did notintend to cal l
you. " The Prophetsaid, "Name
yoursel ves by my name butnotby my Kunya
(surname). "
2122. Narrated AbU Hurairah Ad-Dausi
t a,: Once the Prophetwentout
during the day. Neither did he tal k to me nor
I to him til l he reached the marketof Ban!
Qainuqa', and then he satin the compound
of FAtima's house and asked aboutthe smal l
boy (his grandson Al -Uasan but
FAtima keptthe boy in for a whil e. I thought
she was either changing his cl othes or giving
the boy a bath. After a whil e the boy came
outrunning and the Prophetjii embraced
and kissed him and then said, "0 Al l ah! Love
him, and l ove whoever l oves him
. ((&
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(1) (H. 2120) Kunya means cal l ing a man: 0 father of so-and-so! Or cal l ing a woman: 0
mother of so-and-so! And this is a custom of the 'Arabs.
e,jil
6ja - t194
W -i :
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2123. Narrated Nfi': Ibn 'Umar
4i tol d us thatthe peopl e used to buy food
from the caravans in the l ifetime of the
Prophetjj. The Prophet;used to forbid
them to sel l itatthe very pl ace where they
had purchased it(butthey were to wait) til l
they carried itto the marketwhere foodstuff
was sol d.
2124. Ibn 'Umar i ;said, "The
Prophetal so forbade the resel l ing of
foodstuff by somebody who had boughtit
unl ess he had received it(al l the measure
which he has bought) in ful l measure. "
(50) CHAPTER. The dislike of raising voices
in the market.
2125. Narrated 'At' bin Yasr: I met
'Abdul l ah bin 'Amr bin Al -'As and asked
him. "Tel l me aboutthe description of
Al l ah's Messenger which is mentioned in
the Torah. " He repl ied, "Yes. By Al l ah, he
is described in the Torah with some of the
qual ities attributed to him in the Qur'an as
fol l ows:
'0 Prophet! W e have sentyou as a witness
(for Al l ah's True Rel igion) and a giver of
gl ad tidings (to the faithful bel ievers), and a
warner (to the disbel ievers), and guardian of
34- THE BOOK OF SALES (BARGAINS) j1I - 195
the il l iterates. You ares My sl ave and My
Messenger. I have named you A l-Mutawakki l
(who depends upon Al l ah). You are neither
discourteous, harsh, nor a noise-maker in the
markets, and you do notdo evil to those who
do evil to you, butyou deal with them with
forgiveness and kindness. Al l ah wil l notl et
him (the Prophet) die til l he makes
straightthe crooked peopl e by making them
say: La i lha i lallah (none has the rightto be
worshipped butAl l ah) with which wil l be
opened bl ind eyes, deaf ears, and envel oped
hearts. '
(51) CHAPTER. W eighing or measuring
goods is to be done by the seller or the giver.
And the Statementof Al l ah j, :
"And when they have to give by measure
or weightto (other) men, give l ess than due. "
(V. 83:3)
The Prophet;said, "W hen you receive
whatyou buy by measure, l etitbe exactful l
measure. "
Narrated 'Uthmn i ;thatthe
Prophet4&tol d him, "If you are the sel l er,
you have to measure, and if you are the
buyer, then l etthe sel l er measure for you."
2126. Narrated 'Abdul l h bin 'Umar ;
4i : Al l ah's Messenger said, "He who
buys foodstuff shoul d notsel l ittil l he takes
al l the measure which he has boughtin ful l ."
'VA
O,
to'r
JiI L(o')
21127. Narrated Jabir 1 : 'Abdul l ah
bin 'Amr bin Hardin died and was in debtto
others. I asked the Prophetje5, to intercede
with his creditors for some reduction in the
debts. The Prophetrequested them (to
reduce the debts), butthey refused. The
ProphetjW , said to me, "Go and putyour
dates (in heaps) according to their different
kinds, the 'A jwa on one side, the cl uster of
Zaid on another side, etc. , then cal l me." I
did thatand cal l ed the Prophet. He came
and satatthe head or in the middl e of the
heaps and ordered me, "Measure (the dates)
for the peopl e (creditors). " I measured for
them til l I paid al l the debts. My dates
r mained as if nothing had been taken from
them.
In other narrations, Jbir said: The
Prophetsaid, "He (i. e. , 'Abdul l ah)
continued measuring for them til l he paid
al l the debts. " The Prophet, said (to
'Abdul l h), "Cut(cl usters) for him (i. e. ,
one of the creditors) and measure for him in
ful l ."
(52) CHAPTER. W hat is considered
preferable regarding measuring.
2128. Narrated A1-Miqdam bin Ma'dikarib
41The Prophetsaid, "Measure
your foodstuff and you wil l be bl essed."
-

(53) CHAPTER. Allah's Blessing in the Sd'
and Mudd of the Prophet .
This has been narrated by 'Aishah ii
on the authority of the Prophet.
2129. Narrated 'Abdul l h bin Zaid i
Z: The Prophetjko, said, "The Prophet
Ibrahim (Abraham) made Makkah a
sanctuary, and asked for Al l ah's Bl essing in
it. I made Al -Madina a sanctuary as Ibrahim
made Makkah a sanctuary and I asked for
Al l ah's Bl essing in its measures - the
Mudd
and the Sa' as Ibrahim did for Makkah. "
2130. Narrated Anas bin Mal ik
Al l ah's Messenger said, "0 Al l ah bestow
Your Bl essings on their measures, bl ess their
Mudd and S'. " The Prophet meantthe
peopl e of Al -Madina.
selling of the foodstuff and its storage.
2131. Narrated Sal im thathis father said,
"I saw those who used to buy foodstuff
withoutmeasuring or weighing in the l ifetime
r.
Ql
of the Prophetbeing punished if they sol d
itbefore carrying itto their own houses. "
"Al l ah's Messenger forbade the sel l ing of
foodstuff before its measuring and
transferring into one's possession. " I asked
Ibn Abbas, "How is that?" Ibn 'Abbs
repl ied, "Itwil l be justl ike sel l ing money
for money, as the foodstuff has notbeen
handed over to the firstpurchaser who is the
presentsel l er. "
2133. Narrated Ibn 'Umar Li l
The Prophet;said, "He who buys foodstuff
shoul d notsel l ittil l he has received it. "
2134. Narrated Az-Zuhri on the authority
of Mal ik bin 'AUs thatthe l atter said, "W ho
has change?" Ta1l a said, "I (wil l have
change) when our store-keeper comes from
the forest. "
Narrated 'Umar bin Al -Khattab . ii
L. Lc: Al l ah's Messenger said, "The
bartering of gol d for gol d') , is Ri ba,
(1) (H. 2134) Some said, "Gol d for gol d.
34THE BOOK OF SALES (BARGAINS) - 199
(usury), exceptif itis from hand to hand and UA- iJI
equal in amount, and wheatgrain for wheat - . . -. . -
Li LY
.?Y grain i s Ri ba exceptif itis from hand to hand
and equal in amount, and dates for dates is :
Ri ba, exceptif itis from hand to hand and

equal in amount;and barl ey for barl ey is

Ri ba, exceptif itis from hand to hand and bI
equal in amount. "
[See Ri ba A 1-FaJ l in the gl ossary]. ?
,
LA
[\vt:)I1
(55) CHAPTER. The selling of foodstuff o3L
r1--1- I
4
L.
(oo)
before receiving it, and the selling of a thing - - - - -
14 1 J J
which you don't have
2135. Narrated Ibn 'Abbas L41 . lii -
The Prophetforbade the sel l ing of
.
.
foodstuff before receiving it. I consider that
al l types of sel l ings shoul d be done in the
same way.

ft
- 5_ ft..
2136. Narrated Ibn 'Umar i i jI - Yin
The Prophetsaid, "The buyer of foodstuff
shoul d notsel l itbefore ithas been measured
- -
for him. " Ism'Il narrated instead, "He . . 3I 3I
a I
shoul d notsel l itbefore receiving it." - ---------- - -
&51i 14 14J,
J
tj
*01
' t:
-:
A.
(1) (Ch. 55) If one buys foodstuff for one pound and sel l s itfor two pounds before
receiving itfrom the firstsel l er, the transaction is il l egal for itis usurious, for itis as if
one bartered gol d for gol d, one pound for two pound. Itis al so the sal e of something
absentfor something presentwhich is al so il l egal . (A 1-Qastalani Vol . 4).
L5
iL
(0)
1
' tft
- 200
(56)
CHAPTER. W hoever had the opinion
that whoever bought foodstuff without
measuring or weighing (blindly) should not
sell it before bringing it into his house;and
the punishment for whoever disobeys this
order.
2137. Narrated Ibn 'Umar L4L. . . a;: I
saw the peopl e buy foodstuff randoml y (i. e. ,
bl indl y withoutmeasuring it) in the l ifetime
of Al l ah's Messenger and they were
punished (by beating), if they tried to sel l it
before carrying itto their own houses.
(57)
CHAPTER. If somebody buys some
goods or (an) animal and let it with the
seller, or it dies before he takes it into his
possession.
Ibn 'Umar L4i said, "If atthe time
of the transaction the sol d animal is l iving
and then itdies whil e stil l in the custody of
the sel l er, then the buyer is the l oser. "
2138. Narrated 'Aishah LL
Rarel y did the Prophetfail to visitAM,
Baki's house everyday, either in the morning
or in the evening. W hen the permission for
emigration to Al -Madina was granted, al l of
a sudden the Prophetcame to us atnoon
and AbU Bakr was informed, who said,
"Certainl y the Prophethas come for
some urgentmatter. " The Prophetitsaid
to Ab Bakr, when the l atter entered, "Let
nobody stay in your home." AbU Bakr said,
"0 Al l ah's Messenger! There are onl y my
two daughters (namel y 'Aishah and Asm)
present." The ProphetjW said, "I feel (am
t. i 3J L L :J
- 201
informed) thatI have been granted the
permission for emigration. " AbU Bakr said,
"I wil l accompany you, 0 Al l ah's
Messenger!" The Prophet;said, "You
wil l accompany me." Ab Bakr then said, "0
Al l ah's Messenger! I have two she-camel s I
have prepared special l y for emigration, so I
offer you one of them. " The Prophet, said,
"I have accepted iton the condition thatI wil l
pay its price."
(58) CHAPTER. A seller should not urge
somebody (in case of optional sale) to cancel
a bargain the latter has already agreed upon
with another seller so as to sell him his own
goods;and a buyer should not urge the seller
to cancel a bargain already agreed upon with
another buyer so as to buy the goods himself,
unless they are given permission in both
cases, or the bargains are cancelled with the
willingness of both the seller and the buyer.
2139. Narrated 'Abdul l h bin 'Umar ;
u: Al l ah's Messenger said, "Do not
urge somebody to return whathe has al ready
bought(i. e. , in optional sal e) from another
sel l er so as to sel l him your own goods."
2140. Narrated Ab Hurairah i3i
Al l ah's Messenger jW forbade the sel l ing of
things by a town dwel l er on behal f of a desert
dwel l er;and simil arl y NajsJ
1
was
:Jti
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:)]
-
:4L -
:3UL L-
(1) (H. 2140)
Najsji means to offer a high price for something withouthaving the intention
to buy itbutjustto cheatsomebody el se who real l y wants to buy it. Such a person may
agree with the sel l er to offer high prices before the buyers to cheatthem, in which=
eji
6ja - 202
forbidden. And one shoul d noturge
somebody to return the goods to the sel l er
so as to sel l him his own goods;nor shoul d
one demand the hand of a girl who has
al ready been engaged to someone el se;and a
woman shoul d nottry to cause some other
woman to be divorced in order to take her
pl ace.
(59) CHAPTER. Selling by auction.
'Ata' said, "I saw the peopl e seeing no
harm in sel l ing war booty by auction."
2141. Narrated Jabir bin 'Abdul l ah
L4L A man decided thata sl ave of his woul d
be manumitted after his death and l ater on he
was in need of money, so the Prophettook
the sl ave and said, "W ho wil l buy this sl ave
from me?" Nu'aim bin 'Abdul l h boughthim
for such price and the Prophetgave him
the sl ave.
[v.'
toUt
L (os)
u :4
:L41
lij-
,-

:)]
t\o 'tr
[vM Ll qtv
y\
(60) CHAPTER. An-NajsW' and whoever
said: "A bargain carried out in such a way
(Najsh) is not valid."
Ibn AM AUfA said, "One who practices
NajsJ i i s a Ri ba-eating traitor." And such a
practice is a fal se trick which is forbidden,
and the ProphetjW said, "Deception woul d
L5 L7
Jt9j
=case both this man and the sel l er are sinful . The sel l er may fal sel y tel l the buyer that
he (i. e . the sel l er) has previousl y boughtthe goods ata certain price which is in real ity
higher than the actual price.
(1) (Chap. 60) A n-Najasj:
See the gl ossary.
y6l - rt203
l ead to the Fire (Hel l ) and whoever does a
deed which we have notordered (anyone) to
do (or is notin accord with our rel igion of
Isl amic Monotheism) then thatdeed wil l not
be accepted. " [See
IjadrtIj No. 2697. Al so see
Fath A l-Ban]
2142. Narrated Ibn 'Umar i4i. Zi
Al l ah's Messenger forbade
NajsJ i .
(61) CHAPTER.Al-Gharar (the sale of what
is not present)" and Habal-il-Habala ( i.e.,
the sale of what is in the womb of an animal).
. 4i i: Al l ah's Messenger forbade the
sal e cal l ed Habal-i l-Habala which was a kind
of sal e practised in the Pre-Isl amic Period of
Ignorance. One woul d pay the price of a she-
camel which was notborn yet, and woul d be
born by the immediate offspring of an extant
she-camel .
(62) CHAPTER. A l-Lims or Mulamasa
sale 2 , i.e., by touching the thing only and
not looking atit.
Anas said, "The Prophetj4 forbade it
(i .e., A l-Mulmasa sal e).
2144. Narrated Ab Sa'id
Al l ah's Messenger forbade the sel l ing by
L :k
ri )L
.t
4i
:JU
:)I]
Al
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[Mr . 'tOI

L (")
L
:J
L YUt
:3U
(1) (Ch. 61) As an exampl e of A l-Gharar sal e is to sel l fish thatare stil l notcaughtor a bird
thathas notbeen caughtyet, etc.
(2) (Ch. 62) The sal e of Mulamasa has differentforms: The sal e becomes val id on the
buyer's touching the cl othes withoutchecking or l ooking atthem. For exampl e, one
brings a fol ded garment, or in the dark and the buyer offers a price and the owner of
the garmentsays, "I sel l itto you on condition thatyou wil l onl y touch it, notsee it,
and if you see it, you have no option to cancel the sal e. "
jl - rt 204
L
:JU
JI
:JU Z
-
-
:
L4ijl :
ri
ri
L (r)
L5L J
:Jl i 3l. tii- -
r 'jHJ L?
7 L
:
[rtA Ij . tiil L. 5il
tV
Mun4ba4/a
,(1)
i. e. , to s. l i one's garmentby
casting itto the buyer notal l owing him to
examine or see it.
Simil arl y he forbade the sel l ing by
Mulamasa. Mulmasa i s to buy a garment,
for exampl e, by merel y touching it, not
l ooking atit.
The Prophetitforbade two kinds of
dressing;(one of them) is to sitwith one's
l egs drawn up whil e wrapped in one garment.
(The other) is to l iftthatgarmenton one's
shoul ders. And al so forbade two kinds of
sale: A 1-Li mas and A n-Ni badh.
(63) CHAPTER. Selling byMunaba4iia.
And Anas said, "The Prophetforbade
such sal e. "
Al l ah's Messenger 0, forbade sel l ing by
Mulmasa and Munabadha.
2147. Narrated AbU Sa'id L . 0 The
Prophetforbade two kinds of dresses and
(1) (H. 2144) The sal e by Munaba4sa i s l ike gambl ing: Two persons may agree to barter
one thing for another withoutseeing or checking either of them. One may say to
another, "I barter my garmentfor your garment," and the sal e is achieved without
either of them seeing the garmentof the other. Or, one may say, "I give you whatI
have and you give me whatyou have," and thus they buy from each other without
knowing how much each has had.
34-THE BOOK OF SALES (BARGAINS) t.4.J 1 661 a - rt
R1
two kinds of sal e, i. e. , Mulamasa and
Munabadha.
(64) CHAPTER. The seller is not allowed to
keep camels, cows, sheep or any other
animal unmilked for a long time (so as to
get more price by cheating).
2148. Narrated AbU Hurairah i n
The Prophetsaid, "Don'tkeep camel s
and sheep unmil ked for a l ong time, for
whoever buys such an animal has the option
to mil k it, and then either to keep itor return
itto the owner al ong with one S' of dates. "
Some narrated from Ibn Sirin (thatthe
Prophethad said), "One Sa' of wheat, and
he has the option for three days. "
And some narrated from Ibn Sirin, ". . . a
$a' of dates," notmentioning the option for
three days. Buta 'of dates' is mentioned in
mostof the narrations.
2149. Narrated 'Abdul l Ah bin Mas'Ud
al : W hoever buys a sheep which has not
been mil ked for a l ongtime, has the option of
34-THE BOOK OF SALES (BARGAINS) - rt
9g]
returning ital ong with one ' of dates;and
the Prophetforbade going to meetthe
sel l er on the way (as he has no knowl edge of
the marketprice and he may sel l his goods at
a l ow, price).
Al l ah's Messenger said, "Do notgo
forward to meetthe caravan (to buy from it
on the way before itreaches the town). And
do noturge buyers to cancel their purchases
to sel l them (your own goods) yoursel ves,
and do notpractise Najsj. A town dwel l er
shoul d notsel l the goods for the desert
dwel l er. Do notl eave sheep unmil ked for a
l ong, time when they are on sal e, and whoever
buys such an animal has the option of
returning it, after mil king it, al ong with a
Sa' of dates or keeping it. "
(65) CHAFFER. The option of returning an
animal, after milking it, along with a S' of
dates (as the price of the milk), if it has been
kept unmilked for a long period by the seller
(to deceive others).
Al l ah's Messenger said, "W hoever buys a
sheep which has been keptunmil ked for a
l ong period, and mil ks it, can keep itif he is
satisfied, and if he is notsatisfied, he can
return it, buthe shoul d pay one S' of dates
for the mil k. "
U 3L :J
J A
:J Z
1.4
j
1.4
[\t:-]
3Lfl , Ii. . -
. 311 4SL (vi)
3 U
(66) CHAPTER. The selling of an adulterer
slave.
And Shuraih said, "The buyer can return
him to the owner if he wishes because of
il l egal sexual intercourse."

The Prophetsaid, "If a sl ave-girl commits
il l egal sexual intercourse and itis proved
beyond doubt, then her owner shoul d l ash
her and shoul d notbl ame her after the l egal
punishment. And then if she repeats the
il l egal sexual intercourse, he shoul d l ash her
again and shoul d notbl ame her after the
l egal punishment, and if she commits ita
third time then he shoul d sel l her even for a
hair rope. "
2153, 2154. Narrated Abu Hurairah and
Zaid bin Khal id L4L ii Al l ah's
Messenger jo was asked aboutthe sl ave-
girl , if she was a virgin and committed il l egal
sexual intercourse. The Prophetsaid, "If

she committed sexual intercourse, l ash her,
and if she did ita second time, then l ash her
again, and if she repeated the third time,
then sel l her even for a hair rope. " Ibn
Shihb said, "I don'tknow whether to sel l
her after the third or fourth offense. "
(67) CHAPTER. Dealing with women in
selling and buying.

Al l ah's Messenger 40 came to me and I tol d
34- THE BOOK OF SALES (BARGAINS) Jl - 208
him aboutthe sl ave-girl (Barira) Al l ah's
Mes,enger said, "Buy and manumither,
for the
Wal'W
is for the one who
manumits. ' In the evening the Prophet
gotup and gl orified Al l ah as He deserved
and then said, "W hy do some peopl e impose
'onc(itions which are notpresentin Al l ah's
buck (l aws)? W hoever imposes such a
condition as is notin Al l ah's Laws, then
thatcondition is inval id even if he imposes
one hundred conditions, for Al l ah's
Conditions are the Truth and the most
rel iabl e. "
'Aishah wanted to buy
Barira and he (the Prophetwentoutfor
the Salat (prayer). W hen he returned, she
tol d him thatthey (her masters) refused to
sel l her excepton the condition thather
Wald' woul d go to them. The Prophet;
repl ied, "The Wald' woul d go to him who
manumits." HammAm asked Nafi' whether
`vr (Barira's) husband was a free man or a
sl ave. He repl ied thathe did notknow.
(68) CHAPTER. Is it permissible for a
person from the town to sell the goods of a
desert dweller without taking commission?
Should he help him or try to advise him?
The Prophetsaid, "If somebody asked
(1) (H. 2155) Wald': See gl ossary.
34- THE BOOK OF SALE S (BARGAINS) - t
R
the advice of someone el se, then the l atter
shoul d advise him. "
Ata
al l owed it(sel l ing
the goods of a desertdwel l er by a town
dwel l er).
2157. Narrated Jarir L i I gave the
Bai 'a (pl edge) to Al l ah's Messenger for
the fol l owing: (1) To testify thatLa ilha
i llallah w anna Muhammad-ar-Rasul A llah
(none has the rightto be worshipped but
Al l ah, and Muhammad is Al l ah's
Messenger). (2) Iqamat-ac-alat, (3) To pay
the Zakt, (4) To l isten to and obey (Al l ah's
and His Prophet's Orders), (5)To be sincere
and true to every Musl im [i. e. order them for
A l-Ma 'ruf (Isl amic Monotheism and al l that
Isl am orders one to do) and forbid them from
A l-Munkar (disbel ief and pol ytheism and al l
thatIsl am has forbidden) and to hel p them,
and to be merciful and kind to them].
[See H.57&its chapter].
2158. Narrated Ibn 'Abbs L4i
Al l ah's Messenger said, "Do notgo to
meetthe caravans on the way (for buying
their goods withoutl etting them know the
marketprice);a town dwel l er shoul d notsel l
the goods of a desertdwel l er on behal f of the
l atter. " Ibn 'Abbs was asked, "W hatdoes
he mean by notsel l ing the goods of a desert
dwel l er by a town dwel l er?" He said, "He
shoul d notbecome his broker. "
(69) CHAPTER. W hoever hated that an
urban person should sell the goods of a
desertdwel l er and charge him for that.
2159. Narrated 'Abdul l ah bin 'Umar ;
. 41s : Al l ah's Messenger ;forbade the
sel l ing of the goods of a desertdwel l er by a
town person.
L7i
((j
41i L-t
L- oV
: 41
LU :
3Lai
rL9
''
cU2J j l~;J
[o V . ((L.

34-THE BOOK OF SALES (BARGAINS) - 2j
(70) CHAPTER. A town dweller should not
buy goods for a desert dweller and charge
commission as a broker.
Ibn Sirin and Ibrhim disl iked (working as
a broker for a desertdwel l er) whether as a
sel l er or a buyer. Ibrahim said, "Arabs use
the word 'to buy' in the meaning of 'to sel l '. "
Al l ah's Messenger said, "A buyer shoul d
noturge a sel l er to restore a purchase so as to
buy ithimsel f, and do notpractise
NajsJ i ;
and
a town dwel l er shoul d notsel l goods of a
desertdwel l er. "
2161. Narrated Anas bin Ml ik Z.
W e were forbidden thata town dwel l er
shoul d sel l goods of a desertdwel l er.
(71) CHAPTER. It is forbidden to meet the
caravans on the way (to buy the goods away
from the market).
And the one who buys them, his bargain is
inval id as he is a sinner if he knows it, for itis
a kind of deceit, and deceitis forbidden.
2162. Narrated AbU Hurairah is
The Prophetijforbade the meeting (of
34-THE BOOK OF SALES (BARGAINS) L4jl ' -
211
caravans) on the way and the sel l ing of goods 4i1 L. - : LJ LLL..
by an inhabitantof the town on behal f of a - - - - - -,
desertdwel l er. --- ' s---
:Jti Z
- - -i-,
rf -

2163. Narrated TawUs: I asked Ibn
'Abbas, "W hatis the meaning of: 'No town -
;-
I L- : JJJI
dwel l er shoul d sel l (or buy) on behal f of a - -
desertdwel l er'?"
Ibn'AbbsLi said, "Itmeans he , - . -
J ju
shoul d notbecome his broker. "
''' '( .
I
:L4
J 3 :JUi LJ L-
2164. Narrated 'Abdul l Ah 'W"i
W hoever buys an animal which has been
keptunmil ked for a l ong time, coul d return
it, buthas to pay a '' of dates al ong with it.
And the Prophetforbade meeting the
owners of goods on the way, away from the
market.
2165. Narrated 'Abdul l ah bin 'Umar e;
L. . ;ii: Al l ah's Messenger jsaid, "You
shoul d nottry to cancel the purchases of one
another (to geta benefitthereof), and do not
go ahead to meetthe caravan (for buying the
goods) (butwait) til l itreaches the market."
(72) CHAPTER. The limits to which one can
go ahead to meet the caravan.
2166. Narrated 'Abdul l h Zi W e
used to go ahead to meetthe caravan and
used to buy foodstuff from them. The
34- THE BOOK OF SALES (BARGAINS) tj. JI 6da - 212
H
Prophet

forbade us to sel l ittil l the
foodstuff has reached the market.
2167. Narrated 'Abdul l ah ZP' Zi
Some peopl e used to buy foodstuff atthe
head of the marketand used to sel l iton the
spot. Al l ah's Messenger forbade them to
sel l ittil l they broughtitto (their) pl aces.
(73) CHAPTER. If somebody imposes
conditions in selling which are forbidden
(in) or are against the Islamic Law.
2168. Narrated 'Urwa: 'Aishah
said, "Barira came to me and said, 'I have
agreed with my masters to pay them nine
Uqi ya (of gol d) (in instal ments) one Uqrya
per year;pl ease hel p me. ' I said, 'I am ready
to pay the whol e amountnow provided your
masters agree thatyour Wald' wil l be for me. '
So, Barira wentto her masters and tol d them
aboutthatoffer butthey refused to acceptit.
She returned, and atthattime, Al l ah's
Messenger was sitting (present). Barira
said, 'I tol d them of the offer butthey did not
acceptitand insisted on having the Wald'.
The ProphetjW , heard that. " 'Aishah
narrated the whol e story to the Prophet.
He said to her, "Buy her and stipul ate that
her Wala' woul d be yours as the Wal' is for
the manumitter. " 'Aishah did so. Then
Al l ah's Messenger stood up in frontof
the peopl e, and after gl orifying Al l ah, he
34-THE BOOK OF SALES (BARGAINS) - Vt 213
said, 'A mm Ba'du (i. e. , then after)! W hat
aboutthe peopl e who impose conditions
which are notin Al l ah's Book (l aws)? Any
condition thatis notin Al l ah's Book (Laws) is
inval id even if they were one hundred
conditions, for Al l ah's Decisions are the
rightones and His Conditions are the
strong ones (firmer) and the Wald' wi ll be
for the manumitter. "
L4i : 'Aishah, (Mother of the Bel ievers)
wanted to buy a sl ave-girl and manumither,
buther masters said thatthey woul d sel l her
onl y on the condition thather Wala 'woul d be
for them. 'Aishah tol d Al l ah's Messenger ;
of that. He said, "W hatthey stipul ate shoul d
nothinder you from buying her, as the Wald'
is for the manumitter. "
(74) CHAPTER. Selling of dates for dates.
2170. Narrated Ibn 'Umar Li t
The Prophetsaid, "The sel l ing of wheat
for wheatis Ri ba (usury), exceptif itis from
hand to hand and equal in amount. Simil arl y
the sel l ing of barl ey for barl ey is Ri ba, except
if itis from hand to hand and equal in amount
and dates for dates is usury exceptif itis from
hand to hand and equal in amount. "
[See Ri ba A l-Fadl in the gl ossary].
- 1
214
(75) CHAPTER. The selling of dried grapes
for dried grapes and meals for meals.
2171. Narrated Ibn 'Umar L4i Zi
Al l ah's Messenger forbade Muzabana;
and Muzabana i s the sel l ing of fresh dates for
dried ol d dates by measure, and the sel l ing of
fresh grapes for dried grapes by measure.
2172. Narrated Ibn 'Umar L4i. i
The Prophet;forbade Muzabana; and
Muzabana i s the sel l ing of fresh fruit
(withoutmeasuring it) for something by
measure on the basis thatif thatthing turns
to be more than the fruit, the increase woul d
be for the sel l er of the fruit, and if itturns to
be l ess, thatwoul d be of his l ot.
2173. Narrated Ibn 'Umar from Zaid bin
Thbitai thatthe Prophet
;
al l owed the sel l ing of the fruits on the trees
after estimation (when they are ripe).
(76) CHAPTER. Selling of barley for barley.
2174. Narrated Ibn Shihb thatMal ik bin
'M is said, "I was in need of change for one-
hundred Dinr. Tal ba bin 'Ubaidul l h cal l ed
me and we discussed the matter, and he
agreed to change (my DinAr). He took the
gol d pieces and turned and toppl ed them
with his hands, and then said, "W aittil l my
storekeeper comes from the forest. " 'Umar
was l istening to thatand said, "By Al l ah!
You shoul d notseparate from Tal ba til l you
getthe money from him, for Al l ah's
Messenger ;said, 'The sel l ing of gol d for
34- THE BOOK OF SALES (BARGAINS) I
- IL
II
gol d is Ri ba (usury), exceptif the exchange is
from hand to hand and equal in amount, and
simil arl y, the sel l ing of wheatfor wheatis
Ri bd, unl ess itis from hand to hand and
equal in amount, and the sel l ing of barl ey for
barl ey is usury unl ess itis from hand to hand
and equal in amount, and dates for dates is
usury unl ess itis from hand to hand and equal
in amount."
(77) CHAPTER. Selling of gold for gold.
2175. Narrated Abu Bakra Z ii
Al l ah's Messenger
i1J
said, "Don'tsel l gol d
for gol d unl ess equal in weight, nor sil ver for
sil ver unl ess equal in weight, butyou coul d
sel l gol d for sil ver or sil ver for gol d as you
l ike. "
(78) CHAPTER. Selling of silver for silver
2176. Narrated AbU Sa'id (concerning
exchange) thathe heard Al l ah's Messenger
saying, "Do notsel l gol d for gol d unl ess
equal in weight, and do notsel l sil ver for
sil ver unl ess equal in weight."
34-THE BOOK OF SALES (BARGAINS) - rt216
jjU
2177. Narrated Ab Sa'id Al -Khudri
i : Al l ah's Messenger said, "Do not
sel l gol d for gol d unl ess equival entin weight
(and from hand to hand), and do notsel l l ess
amountfor greater amountor vice versa;and
do riotsel l sil ver for sil ver unl ess equival ent
in weight(from hand to hand), and do not
sel l l ess amountfor greater amountor vice
versa, and do notsel l gol d or sil ver thatis not
presentatthe momentof exchange for gol d
or sil ver thatis present.
(79) CHAPTER. Selling of Dinr for Dinr
on credit.
2178, 2179. Narrated Ab Sal ih Az-
ZaiyAt: I heard AbU Sa'id Al -Khudri
i saying, "The sel l ing of a Dinar for a
Dinar, and a Dirham for a Dirham (is
permissibl e). " I said to him, "Ibn 'Abbs
does notsay the same. " Ab Sa'Id repl ied, "I
asked Ibn 'Abbs whether he had heard it
from the Prophetor seen itin the Hol y
Bock. Ibn 'Abbas repl ied, 'I do notcl aim
that, and you know Al l ah's Messenger i4i
better than I, butUsma informed me that
the Prophethad said: There is no Ri ba
(usury) (in money exchange) exceptwhen itis
notdone from hand to hand (i. e. , when
there is del ay in payment)'.

(80) CHAPTER. Selling of silver for gold on
delayed payment.
2180, 2181. Narrated AbU A1-Minhl : I
asked Al -BarA' bin 'Azib and Zaid bin Arqam
4i aboutmoney exchanges. Each of
them said, "He is better than I," and both of
them said, "Al l ah's Messenger ;forbade
the sel l ing of sil ver for gol d on credit."
(81) CHAPTER. Selling of gold for silver
from hand to hand (i.e., cash down).
2182. Narrated Abdur-Rahman bin AbU
Bakra thathis father said,
"The Prophetforbade the sel l ing of
gol d for gol d and sil ver for sil ver exceptif
they are equival entin weight(and from hand
to hand), and al l owed us to sel l gol d for sil ver
and vice versa as we wished."
(82) CHAPTER. The sale called A l-
Muzabana; which is the sale of dried dates
for fresh ones (that are still on the trees),
and dried grapes for fresh grapes and the
sale called A l-'A ray (i.e., the selling of ripe
fresh date, still over the palms, by means of
estimation, for dry dates)
Arias said, "The Prophetforbade the
34-THE BOOK OF SALES (BARGAINS) 6ja - ri. 218
sal es cal l ed Muzabana and Muhaqala (i. e. , to
sel l wheatin ears for pure wheat).
: Al l ah's Messenger said, "Do not
sel l fruits of dates until they become free
from al l the dangers (of being spoil tor
bl ighted);and do notsel l fresh dates for
dry dates. "
2184. Sal im and 'Abdul l h added that
Zaid bin Thbit' said, "Later on Al l ah's
Messenger permitted the sel l ing of ripe
fruits on trees for fresh dates or dried dates in
Bai 'i i -'A ri ya, and did notal l ow itfor any
other kind of sal e."
L4i. : Al l ah's Messenger jW , forbade
Muzabana; and Muzabana means the
sel l ing of fresh dates (on the trees) for
dried, dates by measure and al so the sel l ing
of fresh grapes for dried grapes by measure.
2186. Narrated Abu Sa'id A1-Khudri
LL i: Al l ah's Messenger forbade
Muzbana and Muhaqala; and Muzabana
[i. e. , the sel l ing of fresh dates stil l on the
trees for dried pl ucked dates (by measure)].
2187. Narrated Ibn 'Abbas 4 i Li,. - :i1 ti. - - fl AV
The Prophet
;
forbade Muzabana and . - . - - -,
Ji
l i
'-'p
'
Muhaqala.
UL
ii
2188. Narrated Zaid bin Thabit i l I. - - YtAA
Z: Al l ah's Messenger al l owed the owner
-
of A ri ya to sel l the fruits on the trees by - -
means of estimation. e .
ku
['fl V'r f._ij
(83) CHAPTER. The selling of dates still on
Jj
J
4aiL
(Ar)
trees for gold or silver.
2189. Narrated Jbir Z ii The YIAA
ProphetA forbade the sel l ing of fruits unl ess . -- - - -,
u
they getripe, and none of them shoul d be
sol d exceptfor Dinar or Dirham (i. e. , Jfl
L$J
money), exceptthe 'A raya trees (the dates - - . - -
4
yL.-
L 5
of which coul d be sol d for dates).
[\tAV :,-I]
. LJ
219O. Narrated AbUHurairahiti,. . :
4 .
ti. -
The Prophetal l owed the sal e of the dates
- - .
of A raya provided they were aboutfive - - -
A wsuq (i. e. , approx 675 kgs) (singul ar: :H
Wasq which means sixty ) or l ess (in
L Le
amount).

Lo
(1) (H. 2188) 'A nya: The sel l ing of fresh dates stil l over the pal m-tree by means of
estimation for thy pl ucked dates and itis an exception. Al so see the gl ossary and H.
2192 and its chapter 84.
ej
- 220
2191. Narrated Sahi bin AbU Hathma:
Al l ah's Messenger jW forbade the sel l ing of
fruits (fresh dates) for dried dates, but
al l owed the sal e of fruits on the 'A raya by
estimation and their new owners mightea
their dates fresh. Sufyan (in anotL
narration) said, "I tol d Yaya (a
subnarrator) when I was a mere boy,
'Makkahns say thatthe Prophetital l owed
them the sal e of the fruits on 'A raya by
estimation. ' Yaya asked, 'How do the
Makkahns know aboutit?' I repl ied, 'They
narrated it(from the Prophet) through
Jabir. ' On that, Yaya keptquiet. " Sufyan
said, "I meantthatJbir bel onged to Al -
Madina. " Sufyan was asked whether in
Jbir's narration there was any prohibition
of sel l ing fruits before their benefitis evident
(i. e. , no dangers of being spoil tor bl ighted).
He repl ied thatthere was none.
(84) CHAPTER. The explanation of 'Araya.
Mal ik said, " 'A ri ya (pl ural 'A raya)means
thata person gives a date-pal m (i. e. , its
productof dates) as a giftto another person,
and then the giver is troubl ed by the l atter's
coming to the giver's private garden (to cut
the (fates), so the giver is al l owed to purchase
those date fruits with dried dates. "
Il )n W rits said, "The sal e of the dates of an
A ri ya shoul d be for measured dates del ivered
34-THE BOOK OF SALES (BARGAINS) 6ja - 221
from hand to hand and notto be done at
random. " The saying of Sahl bin Uathma
confirms this verdict, i. e. , thatthe exchange
of dates shoul d notbe atrandom butby
measure of A wsuq. Ibn 'Umar L4
said, "A 1-'A r4a meantto give one or two
date pal ms to someone
Sufyan bin Husain said, "A l- 'A ray were
date-pal ms given as a giftto the poor who
coul d notwaittil l the fruits were ripe, so they
were al l owed to sel l them for dates as they
wished. "
2192. Narrated Ibn 'Umar from Zaid bin
Thbit
Al l ah's Messenger
al l owed the sal e of 'A raya by estimating the
dates on them for measured amounts of dried
dates.
MUsa bin 'Uqba said, "A l-'A raya were
distinguished date-pal ms;one coul d come
and buy them (i. e. , their fruits). "
(85)
CHAPTER. The sale of fruits before
their benefit is evident (i.e., they are free
from all the dangers of being spoilt or
blighted).
2193. Zaid bin Thbiti . . a;said, "In
the l ifetime of Al l ah's Messenger , the
peopl e used to trade with fruits. W hen they
cuttheir date-fruits and the purchasers came
to receive their rights, the sel l ers woul d say,
'My dates have gotrotten;they are bl ighted
with disease, they are affl icted with
Qusi i am
(a disease which causes the fruitto fal l before
ripening). ' They woul d go on compl aining of
defects in their purchases. Al l ah's Messenger
said, "Do notsel l the fruits before their
ej
- rt222
benefitis evident(i. e. , free from al l the La 1 61 :'=I
J)3
LZ
dangers of being spoil ed or bl ighted), by way
of advice for they quarrel l ed too much. "-. - -
KhArija bin Zaid bin Thabitsaid thatZaidbin
JUi . 3I
ThabitZi,; used notto sel l the fruits of ,- '-
U i i
'Pl eiades
(l )
his l and til l appeared and one
coul d distinguish the yel l ow fruits from the
5ki
red (ripe) ones.
-
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7
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L4 l: Al l Ah's Messenger forbade the
U L. U- :
sal e of fruits til l their benefitis evident. He -
forbade both the sel l er and the buyer (of such .i
a sal e). - - -
:
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2195. Narrated Anas i Al l Ah's J. L -
Messenger forbade the sal e of date-fruits
til l they were ripe.

Abti 'Abdul l h (Al -BukhAri) said, "That
3 1 ,.
means til l they were red (can be eaten). " - -- - - -
(1) (Ch. 2193) Pl eiades is the col l ection of stars which startto appear atdawn in the earl y
summer when itgets very hotin IjijAz atthe earl y season of the ripening of fruits. The
appearance of these stars is a sign of the ripening of dates.
L
: :
[tAA 1,1
-
2196. Narrated JAbir bin 'Abdul l h I
L. i: The Prophetforbade the sal e of
(date) fruits til l they were red or yel l ow and
fitfor eating.
(86) CHAPTER. The sale of date-palms
(date trees) before their benefit is evident.
(i.e., their dates are ripe).
2197. Narrated Anas bin Mal ik ii
The Prophet;forbade the sal e of fruits til l
their benefitis evident;and the sal e of date-
pal ms til l the dates are al mostripe. He was
asked what'are al mostripe' meant. He
repl ied, "Gotred and yel l ow. "
(87) CHAPTER. If somebody sells fruits
before their benefit is evident and free from
blights and then they get afflicted with some
defects, they will be given back to the seller.
Al l ah's Messenger forbade the sal e of
fruits til l they are al mostripe. He was asked
whatis meantby 'are al mostripe. ' He
repl ied, "Til l they become red. " Al l ah's
Messenger 4itfurther said, "If Al l ah spoil ed
the fruits, whatrightwoul d one have to take
the money of one's brother. "
! .al;c
- 1L 224
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2199. Narrated Ibn Shihab: If somebody
boughtfruits before their benefitis evident
and then the fruits were spoil ed with bl ights,
the l oss woul d be suffered by the owner (not
the buyer).
Narrated Ibn 'Umar L4i iAl l ah's
Messenger said, "Do notsel l or buy fruits
before their benefitwas evidentand do not
sel l fresh fruits (dates) for dried dates. "
(88) CHAPTER. To buy foodstuff on credit
Propheti&boughtsome foodstuff from a Jew
on creditand mortgaged his armour to him.
(89) CHAPTER. If one wishes to buy (a
better quality of) dates for (a low quality of)
dates [that is a kind of Riba (usury) and is
c alled Ri b-A l-FadI].
2201, 2202. Narrated Abu Sa'Id A]-
Khudri and Abti Hurairah L4
Al l ah's Messenger ;appointed somebody
as a governor of Khaibar. Thatgovernor
broughtto him an excel l entkind of dates
ftft
-
'r- 4
e9
- 225
(from Khaibar). The Prophettasked, "Are
al l the dates of Khaibar l ike this?" He
repl ied, "By Al l ah, no, 0 Al l ah's
Messenger! Butwe barter one $' of this
(type of dates) for two Sa of dates of ours and
two Sa' of itfor three of ours. " Al l ah's
Messenger , said, "Do notdo so [as thatis a
kind of Ri ba (usury)] butsel l the mixed dates
(of inferior qual ity) for money, and then buy
good dates with money. "
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(90) CHAPTER. W hoever sol d or rented
date-palms which were pollinated, or land
which was sown (with wheator barl ey).
2203. Narrated Nafi', the freed-sl ave of
Ihn 'Umar: If pol l inated date-pal ms are sol d
and nothing is mentioned (in the contract)
abouttheir fruits, the fruits wil l go to the
person who has pol l inated them, and so wil l
be the case with the sl ave and the cul tivator.
Nfi' mentioned those three things.
: Al l ah's Messenger , said, "If
somebody sel l s pol l inated date-pal ms, the
fruits wil l be for the sel l er unl ess the buyer
stipul ates thatthey wil l be for himsel f (and
the sel l er agrees) ."
[yy.r
-
226
(91) CHAPTER. The sale of unharvested
crops for a measured quantity of foodstuff.
2205. Narrated Ibn 'Umar 4 i
Al l ah's Messenger forbade A 1-Muzabana,
i. e. , to sel l ungathered dates of one's garden
for measured dried dates or fresh ungathered
grapes for measured dried grapes;or
standing crops for measured quantity of
foodstuff. He forbade al l such bargains.
(92) CHAPTER. The sale of date-palms
completely (with roots and stems).
2206. Narrated Ibn 'Umar ti
The Prophetsaid, "W hoever pol l inates
date-pal ms and then sel l s them, the fruits wil l
bel ong to him unl ess the buyer stipul ates that
the fruits shoul d bel ong to him (and the sel l er
agrees) . "
(93) CHAPTER. Bai'A1-Mukhdara (the sale
of grains or vegetables before their benefit is
evident).
2207. Narrated Anas bin Mal ik L
Al l ah's Messenger forbade Muhaqala,
Muk/zadara, Mulamasa, Munbadha and
Muzbana. (See gl ossary and previous
A hadi th for the meanings of these terms. )
LA. ,. -
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34 - THE BOOK OF SALES (BARGAINS) tjjl 6. Ja -
227
2208. Narrated Humaid: Anas ij
said, "The Prophetforbade the sel l ing of
dates til l they were al mostripe." W e asked
Anas, "W hatdoes 'al mostripe' mean?" He
repl ied, "They getred and yel l ow. The
ProphetQ5 added, 'If Al l ah destroyed the
fruits presenton the trees, whatrightwoul d
the sel l er have to take the money of his
brother (somebody el se)'?"
(94) CHAPTER. The sale and eating of
spadix (edible pith growing at the upper part
of the trunk of a palm tree).
I was with the Prophetwhil e he was
eating spadix. He said, "From the trees there
is a tree which resembl es a faithful bel iever. "
I wanted to say thatitwas the date pal m, but
I was the youngestamong them (so I kept
quiet). He added, "Itis the date-pal m."
(95) CHAPTER. In cases where there is no
fixed judgement, the traditions and
conventions of each community are to be
referred to, to deduce a judgement in such
matters as sales, renting, measuring and
weighing.
Shuraih tol d the weavers, "You are
permitted to fol l ow your own conventions
to sol ve your probl ems (itis l egal for you to
stick to your traditions in bargain)
Narrated 'Abdul W ahab: Ayyub said he
heard from Muhammad who said, "There is
34-THE BOOK OF SALES (BARGAINS) tJJ1 6ja - 228
no harm in sel l ing for el even whatyou buy for
ten, and you are al l owed to take a profitfor
expenses. "
The Prophettol d Hind, "Take whatis
reasonabl e and sufficientfor you and your
sons. " Al l ah Jw says: "W hoever is poor,
can eat(frontthe orphan's property) whatis
justand reasonabl e (according to his
tabours)." (V. 4:6).
Al -Uasan hired a donkey from 'Abdul l h
bin IMirds and asked him aboutthe hire.
The l atter repl ied thatitwas for two Dani q(a
Dani q equal s 1/6th Dirham). So Al -Uasan
rode away. Another time, Al -Hasan came to
'Abctul l ah bin Mirds and asked him to hire
the donkey to him and rode away without
asking him aboutthe hire, buthe senthim
hal f a Dirham
(1)
2210. Narrated Anas bin Mal ik Z.
AbU Taiba cupped Al l ah's Messenger and
so Al l ah's Messengeri jordered thata S' of
dates be paid to him and ordered his masters
(for he was a sl ave) to reduce his tax.
(2)

2211. Narrated 'Aishah Hind,
the mother of Mu'awiya said to Al l ah's
Messenger jjo, "Abu Sufyan (her husband)
is a miser. Am I al l owed to take from his
money secretl y?" The Prophetsaid to her,
"You and your sons may take whatis
sufficient, justand reasonabl e. "
:j1 .tti J)
$J))
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(1) (Ch. 95)Al -Hasan did notask aboutthe hire the second time depending on whatthey
had agreed upon the firsttime. He sent'Abdul l h more than whatwas due outof
generosity.
(2) (H. 2210) Sl aves had to pay their masters certain taxes.
[1Y
(iv)
I
34-THE BOOK OF SALES(BARGAINS - 229
)II
orV O1t .ro'\ rMo
2212. Narrated 'Urwa: I heard 'Aishah
saying, "The Hol y Verse: '. . . W hoever
amongstguardians is rich, he shoul d take
no wages butif he is poor, l ethim have for
himsel f whatis justand resonabl e (according
to his l abour)' (V. 4 :6), was reveal ed
concerning the guardian of the orphans who
l ooks after them and manages favourabl y
their financial affairs;if the guardian is poor,
he coul d have from itwhatis justand
reasonabl e (according to his l abour) . "
(96) CHAPTER. Selling of a joint property
by one partner to the other.
2213. Narrated Jabir ;tii Al l ah's
Messenger gave pre-emption (to the
partner) in every jointproperty, butif the
boundaries of the property were demarcated
or the ways and streets were fixed, then there
was no pre-emption.
(97) CHAPTER. The sale of undivided
common land, buildings and belongings.
2214. Narrated Jabir bin 'Abbul l h
Al l ah's Messenger , decided the
val idity of pre-emption in every joint
34 THE BOOK OF SALES (BARGAINS) jfl yu - 230
undivided property, butif the boundaries
were wel l marked or the ways and streets
were fixed, then there was no pre-emption.
Narrated 'Abdul W hid the same as above
butsaid, ". . . in every jointundivided
thing. . . "
Narrated Hishm from Ma'mar the same
as above butsaid, ". . . in every property. .
(98) CHAPTER. If somebody buys
something for another without his
permission and the latter accepts it.
2215. Narrated Ibn 'Umar Li
the Prophetsaid, "W hil e three persons
were wal king, rain began to fal l and they had
to enter a cave in a mountain. A big rock
rol l ed over and bl ocked the mouth of the
cave. They said to each other, 'Invoke Al l ah
with the bestdeed you have performed (so
thatAl l ah mightremove the rock)'. One of
them said, '0 Al l ah! My parents were ol d
and I used to go outfor to graze (my
animal s). On my return I woul d mil k (the
animal s) and take the mil k in a vessel to my
parents to drink. After they had drunk from
it, I woul d give itto my chil dren, famil y and
wife. One day! was del ayed and on my return
I found my parents sl eeping, and I disl iked to
wake them up. The chil dern were crying at
my feet(because of hunger). Thatstate of
affairs continued til l itwas dawn. 0 Al l ah! If
You regard thatI did itonl y for Your sake,
then pl ease remove this rock so thatwe may
- 231
see the sky. ' So, the rock was moved a bit.
The second said, '0 Al l ah! You know thatI
was in l ove with a cousin of mine, l ike the
deepestl ove a man may have for a woman,
and she tol d me thatI woul d notgetmy
desire ful fil l ed unl ess I paid her one hundred
Dinar (gol d pieces). So, I struggl ed for ittil l I
gathered the desired amount, and when I sat
in between her l egs, she tol d me to be afraid
of Al l ah, and asked me notto defl ower her
exceptrightful l y (by marriage). So, I gotup
and l efther. 0 Al l ah! If You regard thatI did
itonl y for Your sake, kindl y remove this
rock. ' So, two-thirds of the rock was
removed. Then the third man said, '0
Al l ah! No doubtYou know thatonce I
empl oyed a worker for one Faraq(three Sa')
of mil l et, and when I wanted to pay him, he
refused to take it, so I sowed itand from its
yiel d I boughtcows and a shepherd. After a
time thatman came and demanded his
money. I said to him: Go to those cows and
the shepherd and take them for they are for
you. He asked me whether I was joking with
him. I tol d him thatI was notjoking with
him, and al l thatbel onged to him. 0 Al l ah!
If You regard thatI did itonl y for Your sake,
then pl ease remove the rock. ' So, the rock
was removed compl etel y from the mouth of
the cave . "[See Vol 4. Hadi th No.3465.]
34-. THE BOOK OF SALES (BARGAINS)
- V
232
rrr

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(99) CHAPTER. Buying and selling with
Mush ikun (pagans) and with the enemy at
war.
2216. Narrated 'Abdur-Rahman bin AbU
Bakr L41i. i i W e were with the Prophet
when a tal l Mus}ri k with l ong matted
unkempthair came driving his sheep. The
Prophetasked him, "Are those sheep for
sal e or for gifts?" The Musji ri k repl ied,
"They are for sal e." The Prophet, bought
one sheep from him.
(100) CHAPTER. The purchase of a slave
from the enemy at war and giving him (to
somebody) as a gift and manumitting him.
The Prophetj4 asked Sal man to make a
contractof his manumission with his masters.
In real ity Sal man was a free man butthe
Mushri kunoppressed him and sol d him.
'Ammr, Suhaib and Bil l were taken as
captives in (war) booty.
Al l ah jW said:
"And Al l ah has preferred some of you
above others in weal th and properties. Then,
those who are preferred wil l by no means
hand over their weal th and properties to
those (sl aves) whom their righthand possess,
so thatthey may be equal with them in
respectthereof.(') Do they then deny the
Favour of Al l ah?" (V. 16:71)
(1) (Ch. 100) This exampl e Al l ah has setforth for the (pagans, etc. ) who associate fal se
deities with Al l ah thatthey woul d notagree to share their weal th with their sl aves, then
how they agree to share fal se deities with Al l ah in His worship.
34-THE BOOK OF SALES (BARGAINS) L4,ji 6
.
ja - 233
2217. Narrated AbU Hurairah Zi Z i
The Prophetsaid, "The ProphetIbrahim
(Abraham) emigrated with Sarah
and entered a vil l age where there was a king
from amongstthe kings, or a tyrantfrom
amongstthe tyrants. (The king) was tol d that
Ibrahim (Abraham) had entered (the vil l age)
accompanied by a woman who was one of the
mostcharming woman. So, the king sentfor
Ibrahim and asked, '0 Ibrahim (Abraham)!
W ho is this l ady accompanying you?' Ibrahim
repl ied, 'She is my sister (i. e. , in rel igion). '
Then IbrAhl m (Abraham) returned to her
and said, 'Do notcontradictmy statement,
for I have informed them thatyou are my
sister. By Al l ah, there are no true bel ievers
on the earth exceptyou and I. ' Then Ibrahim
(Abraham) senther to the king. W hen the
king gotto her, she gotup and performed
abl ution, offered .a1t (prayer) and said, '0
Al l ah! If I have bel ieved in You and Your
Messenger, and have saved my private parts
from everybody exceptmy husband, then
pl ease do notl etthis disbel iever overpower
me. ' On thatthe king fel l in a state of
unconsiousness (or had an epil eptic fit) and
started moving his l egs. On seeing the
condition of the king, Sarah said, '0 Al l ah!
If he shoul d die, the peopl e wil l say thatI
have kil l ed him. ' The king regained his
power, and proceeded towards her butshe
gotup again and performed abl ution, offered
alat (prayer) and said, '0 Al l ah! III have
bel ieved in You and Your Messenger and
have keptmy private parts safe from al l
exceptmy husband, then pl ease do notl et
this disbel iever overpower me. ' The king
again fel l in a state of unconsciousness (or
had an epil eptic fit) and started moving his
l egs. On seeing thatstate of the king, Sarah
said, '0 Al l ah! If he shoul d die, the peopl e
wil l say thatI have kil l ed him. ' The king got
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either two or three attacks, and after
recovering from the l astattack he said, 'By
Al l ah! You have senta Satan tome. Take her
to Ibrahim (Abraham) J and give her
Ajar (Hagar)'. So she came back to Ibrahim
(Abraham) and said, 'Al l ah humil iated the
disbel iever and gave us a sl ave-girl for
service' ."(
1)
2218. Narrated 'Aishah i Sa'd

bin Abi W aqqa and 'Abd bin Zam'a
quarrel l ed over a boy. Sa'd said, "0 Al l ah's
Messenger! This boy is the son of my brother
('Utba bin AN W aqqas) who took a promise
from me thatI woul d take him as he was his
(il l egal ) son. Look athim and see whom he
resembl es. " 'Abd bin Zam'a said, "0 Al l ah's
Messenger! This is my brother and was born
on my father's bed from his sl ave-girl ."
Al l ah's Messenger ;casta l ook atthe boy
and found definite resembl ance to 'Utba and
then said, "The boy is for you, 0'Abd bin
Zarn'a. The chil d goes to the owner of the
bed (on which he was born), and the
adul terer gets nothing butthe stones
(despair, i. e. , to be stoned to death). Then
the Propheti J said, "0 Sauda bintZam'a!
Screen yoursel f from this boy." So, Sauda
never saw him again.
2219. Narrated Sa'd thathis father said:
'Abdur-Rahman bin 'AUf said to Suhaib,
"Fear Al l ah and do notascribe yoursel f to
somebody other than your father." Suhaib
repl ied, "I woul d notl ike to say iteven if I
were given l arge amounts of money, butI say
(1) (H. 2217) Ibrhim (Abraham)
r
accepted the giftfrom the infidel .
34 - THE BOOK OF SALES (BARGAINS) l $yts - 235
I was kidnapped in my chil dhood."
2220. Narrated 'Urwa bin Az-Zubair:
Hakim bin kl izm said, "0 Al l ah's
Messenger! I used to do good deeds in the
Pre-Isl mic Period of Ignorance, such as
keeping good rel ations with my kith and kin,
manumitting sl aves and giving al ms. Shal l I
receive a reward for al l that?" Al l ah's
Messenger repl ied, "You embraced
Isl am with al l the good deeds which you did
in the past."
(101) CHAPTER. The hides of dead animals
before tanning.
2221. Narrated 'Abdul l h bin 'Abbs a
Once Al l ah's Messenger jW , passed by a
dead sheep and said to the peopl e,
"W oul dn'tyou benefitby its skin?"
The peopl e repl ied thatitwas dead.
The Prophetsaid ,"Butits eating onl y is
il l egal ."
S.
(102) CHAPTER. The killing of pigs.
And Jbir said ,"The Prophetmade the
sal e of pigs il l egal . "
Al l ah's Messenger ii said, "By Him (Al l ah)
y
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34- THE BOOK OF SALES (BARGAINS) tJJ1 6ja - 236
in W hose Hands my soul is, surel y the son of
Maryam (Mary) 'l esa (Jesus) 1 wil l shortl y
descend amongstyou peopl e (Musl ims) and
wil l judge mankind justl y by the Law of the
Qur'hn (as a justrul er) and wil l break the
cross and kil l the pigs and abol ish the Jizya (i
tax taken from the non-Musl ims, who are
under the protection of the Musl im
government. This J i zya tax wil l notbe
accepted by 'l esa [(Jesus) f ~kjl ki 1. Then
there wil l be abundance of money and no-
body wil l acceptcharitabl e gifts. [See Fatz
Al -Ban, for deLail s].
(103) CHAPTER. The fat of the dead animal
should not be melted, nor should it be sold.
Jbir narrated this from the Prophet
2223. Narrated Ibn 'AbbAs L4i Zi
Once 'Umar was informed thata certain man
has sol d an al cohol ic drink. 'Umar said,
"May Al l ah curse him! Doesn'the know that
Al l ah's Messenger said, 'May Al l ah curse
the Jews, for Al l ah had forbidden them to eat
the fatof animal s butthey mel ted itand sol d
it' (2)
2224. Narrated AbU Hurairah Z t
Al l ah's Messenger;said, "May Al l ah curse
the jews, because Al l ah made fatil l egal for
(1) (H . 2222) 'l esa (Jesus), the son of Matyam (Mary)
r1
wil l descend as a l eader of
the Musl ims, and itis a severe warning to the Christians who cl aim to be the fol l owers
of 'l esa (Jesus) and he wil l break the cross and kil l the pigs, and he (L.i J) wil l
abol ish the JLzjajax and al l mankind wil l be required to embrace Isl am with no other
al ternative.
(2) (H. 2223) This indicates thatitis notpermissibl e to sel l a thing which is il l egal to eat.
them butthey sol d itand ate its price. "
(104) CHAPTER. The selling of the pictures
of inanimated objects having no souls and
what is hated from that.
2225. Narrated Sa'Id bin AN! Al -Hasan:
W hil e I was with Ibn 'Abbs L1 , a
man came and said, "0 father of 'Abbas! I
am a human being and my sustenance is from
my manual profession and I make these
pictures. " Ibn 'Abbs said, "I wil l tel l you
onl y whatI heard from Al l ah's Messenger .
I heard him saying, 'W hoever makes a
picture wil l be punished by Al l ah til l he puts
soul (l ife) in it, and he wil l never be abl e to
putsoul (l ife) in it. " Hearing this, thatman
heaved a sigh and his face turned pal e. Ibn
'Abbas said to him, "W hata pity! If you insist
on making pictures I advise you to make
pictures of trees and any other inanimated
objects having no soul s. "
[See Fath A l-Ban, for detail s]
34- THE BOOK OF SALES (BARGAINS) 6ja
- 1L
(105) CHAPTER. Trade of alcoholic drinks
is illegal.
Mir Zi said, "The Prophet
made the trade of al cohol ic drinks il l egal ."
2226. Narrated 'Aishah Li W hen
the l astverses of Srat A l-Ba qarali were
reveal ed, the Prophetwentout(of his
house to the mosque) and said, "The trade of
al cohol ic drinks has been made il l egal ."
(106) CHAPTER. The sin of a person who
sells a free man (knowingly and
intentionally).
2227. Narrated Abu Hurairah
The Prophetsaid, "Al l ah says, 'I wil l be
againstthree persons on the Day of
Resurrection:
1. One who makes a covenantin My
Name, buthe proves treacherous.
2. One who sel l s a free person (as a sl ave)
and eats the price.
3. And one who empl oys a l abourer and
gets the ful l work done by him butdoes not
pay him his wages'."
(107) CHAPTER. The Prophet j# ordered
the Jews to sell their land when he exiled
them (drove them out of Al-Madina).
(108) CHAPTER. The sale of a slave (for a
slave) and an animal for an animal on
credit.
And Ibn 'Umar boughta mount(riding
camel ) for four camel s which he promised to
34 THE BOOK OF SALES (BARGAINS) tjjl 6
0
ja - rt
R
del iver atAr-Rabadha. Ibn 'Abbas said,
"One camel may be better than two." Rfi'
bin Khadijonce boughta camel for two
camel s and he del ivered one instantl y and
said, "If Al l ah wil l , I wil l bring you the other
tomorrow withoutdel ay." And said Ibn Al -
Musaiyab. "There is no Ri ba (in animal s)
i. e. , in sel l ing one camel for two, or one
sheep for two sheep on credit."
Ibn Sir-in said, "There is no harm in sel l ing
one camel for two on credit. "
2228. Narrated Anas L Amongst
the captives was Safiyya. Firstshe was given
to Dihya Al -Kal bi and then to the Prophet
(109) CHAPTER. The sale of slaves.
i t thatwhil e he was sitting with Al l ah's
Messenger (an A nsaFi man came) and
said, "0 Al l ah's Messenger! W e getfemal e
captives as our share of booty, and we are
interested in their prices, whatis your
opinion aboutcoitus interruptus?" The
Prophetsaid, "Do you real l y do that? It
is better for you notto do it. No soul that
which Al l ah has destined to exist, butwil l
surel y come into existence
[See Fat/i A l-Ban]
(1) (H. 431) W hen the Prophettook Safiyya for himsel f, he tol d Diiya to choose
another sl ave-girl from among the captives. So, this case is a kind of buying a sl ave on
credi t. [See Fath A l-Ban].
o
6ja
- 2j
(110) CHAPTER. The sale of Mudabbar
(i.e., a slave who is promised by his master
to be manumitted after the latter's death).
2230. Narrated JAbir Z. . . e: The
Prophetit, sol d a Mudabbar (on behal f of his
master who was stil l l iving and was in need of
money).
2231. Narrated Jbir bin 'Abdul l h
. : Al l ah's Messenger sol d (a
Mudabbar). [See Fath A l-Ban]
2232, 2233. Narrated Zaid bin Khl id and
AbU Hurairah L4 ;thatAl l ah's
Messenger was asked aboutan
unmarried sl ave-girl who committed il l egal
sexual intercourse. They heard him saying,
"P10gW her, and if she commits il l egal sexual
intercourse again after that, fl og her again,
nd on the third (or the fourth) offense, sel l
ier.
heard the Prophetsaying, "If a sl ave-girl
of yours commits il l egal sexual intercourse
(1) (H. 2232) A sl ave-girl committing il l egal sexual intercourse is punished with 50 l ashes,
which are hal f the l ashes given to a free unmarried person. Stoning is notprescribed for
sl aves committing il l egal sexual intercourse.
(2) (H. 2232) The narrator is notsure whether the Prophetsaid, ". . . the third or the
fourth offense
and her il l egal sexual intercourse is proved,
she shoul d be l ashed, and after thatnobody
shoul d bl ame her, and if she commits il l egal
sexual intercourse the second time, she
shoul d be l ashed and nobody shoul d bl ame
her after that, and if she does the offense for
the third time and her il l egal sexual
intercourse is proved, she shoul d be sol d,
even for a hair rope."
(111) CHAPTER. One can travel with a
slave-girl without knowing whether she is
pregnant or not?
Al -Hasan found no harm in her master's
kissing or fondl ing with her.
Ibn 'Umar 4 said, "If a sl ave-girl
who is suitabl e to have sexual rel ations is
given to somebody as a gift, or sol d or
manumitted, her master shoul d nothave
sexual intercourse with her before she gets
one menstruation so as to be sure of absence
of pregnancy, and there is no such necessity
for a virgin. "
'Ata said, "There is no harm in fondl ing
with one's pregnant(') sl ave-girl without
having sexual intercourse with her. Al l ah
said:
'Exceptwith their wives and the (woman
sl aves) whom their righthands possess. . . "
,

(V. 70:30)
2235. Narrated Anas bin MAl ik
the Prophetcame to Khaibar and when
Al l ah made him victorious and he conquered
the town by breaking the enemy's defense,
the beauty of Safiyya bintIIuyai bin Akhtab
was mentioned to him. Her husband had
been kil l ed whil e she was a bride. Al l ah's
r '
ui)) :J
LJ
ii
3u,
W . Ji ;. iJJ I :L4i
3
'L7ii
'- L)
01
:fl k;
j'c
[i :3;;J ]
L4
:ji i '13
t --s-
(1) (Ch. 111) Pregnantfrom another man, nother master.
34- THE BOOK OF SALES (BARGAINS) jfl 6ja - 242
Messenger sel ected her for himsel f and he
setoutin her company til l he reached Sadd-
ar-Rawha' where her menses were over and
he married her. Then Hai s (a kind of meal )
was prepared and served on a smal l l eather
sheet(used for serving meal s). Al l ah's
Messenger then said to me, "Inform
those who are around you (aboutthe
wedding banquet). " So thatwas the
marriage banquetgiven by Al l ah's
Messenger for (his marriage with) Safiyya.
After thatwe proceeded to Al -Madina and I
saw thatAl l ah's Messenger ;was covering
her with a cl oak whil e she was behind him.
Then he woul d sitbeside his camel and l et
afiyya puther feeton his knees to ride (the
camel ).
(112) CHAPTER. The sale of dead animals
and idols.
In the year of the conquestof Makkah,
I heard Al l ah's Messenger saying, "Al l ah
and His Messenger made il l egal the trade of
al cohol ic l iquors, dead animal s, pigs and
idol s. " The peopl e asked, "0 Al l ah's
Messenger! W hataboutthe fatof dead
animal s, for itwas used for greasing the
boats and, the hides;and peopl e use itfor
l ights?" He said, "No, itis il l egal . " Al l ah's
Messenger ti further said, "May Al l ah curse
the Jews, for Al l ah made the fat(of animal s)
il l egal for them, yetthey mel ted the fatand
sol d itand ate its price ."
i
3D
:iJi
ri
E
J, J
fl~
- ))
:JLs
-a'-
(113) CHAPTER. The price of a dog.
2237. Narrated Aba Mas'Ud Al -Ansri
Z i Al l ah's Messenger forbade
taking the price of a dog, money earned by
prostitution and the earnings of a soothsayer.
[vi
2238. Narrated Aun bin Abu Juhaifa: I
saw my father buying a sl ave whose
profession was cupping, and ordered that
his instruments (of cupping) be broken. I
asked him the reason for doing so. He
repl ied, "Al l ah's Messenger prohibited
taking money for bl ood, the price of a dog,
and the earnings of a sl ave-girl by
prostitution;he itcursed her who tattoos
and her who gets tattooed, the eater of Ri ba
(usury) and al so the one who gives itand the
maker of pictures. "
YYrA
:J

ui as
35- THE BOOK OF A S-SA IA M6ja - 244
- ro
35 THE BOOK OF A S-SA L"
(A sal e in which the price is paid at
once for goods to be del ivered l ater)
(1) CIIAPTER.As-Salam by a definite known
iJI4aL)
specified measure.
2239. Narrated Ibn 'Abbas L4i
Al l ah's Messenger came to Al -Madina
and the peopl e used to pay in advance the
price of fruits to be del ivered within one or
two years. (The subnarrator is in doubt
whether itwas one to two years or two to
three years. ) The Prophetji said, "W hoever
pays money in advance for dates (to be
del ivered l ater) shoul d pay itfor known
specified weightand measure (of the dates) . "
Narrated Ibn Abi NajIh as above,
mentioning onl y known specific measure.
(2) CHAPTER. As-Salam for a known
specified weight.
2240. Narrated Ibn 'Abbs
The Prophetcame to Al -Madina and the
peopl e used to pay in advance the price of
dates to be del ivered within two or three
years. He said (to them), "W hoever pays in
advance the price of a thing to be del ivered
l ater shoul d pay itfor a known specified
measure, atknown specified weight, for a
known specified time-period,"
35-THE BOOK OFAS-SALAM
Lfl 6
4
J a - ro 245
Narrated Ibn AN Najfl i as above, saying,
"He shoul d pay the price in advance for a
known specified measure and for a known
specified time-period."
2241. Narrated Ibn 'Abbs Li
The Prophetcame (to Al -Madina) and he
tol d the peopl e (regarding the paymentof
money in advance thatthey shoul d pay it) for
known specified measure and a known
specified weightand known specified time-
period.
2242, 2243. Narrated Shu'ba:
Muhammad or 'Abdul l Ah bin AbU Al -
Mujl id said, " 'Abdul l h bin Shaddad and
Abfl Burda differed regarding A s-Salam, so
they sentme to IbnAbIAUfA L. ;and
I asked him aboutit. He repl ied, 'In the
l ifetime oL Al l ah's Messenger , Abu Bakr
and 'Umir, we used to pay in advance the
prices of wheat, barl ey, dried grapes and
dates to be del ivered l ater. ' I al so asked Ibn
Abza and he, too, repl ied as above. "
35 THE BOOK OFAS-SAIAM
6ja - 246
(3) CHAPTER. A s-Salam to a person who
has got nothing (to pay for the prices he
receives in advance).
2244, 2245. Narrated Muhammad bin Al -
Muj Lid: 'Abdul l ah bin Shaddd and AbU
Burda sentme to 'Abdul l h bin AN Af
L ;and tol d me to ask 'Abdul l h
whether the peopl e in the l ifetime of the
Prophetused to pay in advance for wheat
(to be del ivered l ater). 'Abdul l h repl ied,
"W e used to pay in advance to the peasants
of Sham for wheat, barl ey and ol ive oil for a
known specified measure to be del ivered in a
known specified time-period." I asked (him),
"W as the price paid (in advance) to those
who had the things to be del ivered l ater?"
'Abdul l h bin Aufq repl ied, "W e did notuse
to ask them aboutthat." Then they sentme
to 'Abdur Rahman bin Abz and I asked
him. He repl ied, "The Companions of the
Prophetused to practise A s-Salam in the
l ifetime of the Prophet40, and we did notuse
to ask them whether they had standing crops
or not. "
Narrated Muhammad bin AN Al -Mujl id
as above (Had[tI No. 2244, 2245) and said,
"W e used to pay them in advance for wheat
and barl ey (to be del ivered l ater)
Narrated Ash-Shaibni, "And al so for
oil . "
Narrated Ash-ShaibanI (who said) "W e
used to pay in advance for wheat, barl ey and
dried grapes."
35 - THE BOOK OFAS-SALAM - 247
2246. Narrated AbU Bakhtari At-TO: I
asked Ibn 'Abbas t. 4. ;aboutA s-Salam
for (the fruits of) date-pal ms. He repl ied,
"The Prophetforbade the sal e of dates on
the trees til l they became fitfor eating and
coul d be weighed. " A man asked whatto be
weighed (as the dates were stil l on the trees).
Another man sitting beside Ibn 'Abbas
repl ied, "Til l they are cutand stored. "'
Narrated Abu Al -Bakhtari: I heard Ibn
'Abbs i i (saying) thatthe Prophet
tg
forbade. . . etc. as above.
(4) CHAPTER. A s-Salam for (the fruits of)
date-palms.
2247, 2248. Narrated AbU al -Bakhtari: I
asked Ibn 'Umar L4 about A s-Salam
for (the fruits) of date-pal ms. He repl ied,
"The Prophet. forbade the sal e of dates til l
their benefitbecomes evidentand fitfor
eating, and al so the sal e of sil ver (for gol d)
on credit. "
I asked Ibn 'Abbs aboutA s-Salam for
dates and he repl ied, "The Prophet
forbade the sal e of dates til l they were fit
for eating and coul d be estimated. "
'T-
4. 0 iLJi
LiL :J
1
J
:-
9 I
l hL(t)
4' - tA YYiV
JL :J
L
j L4L
LA
:JU
JL3 Lci
\tA1 :IJI
.9 jj
-
2249, 2250. Narrated Abu Al -Bakhtari: I Li. - 'fl 'o
(1) (H. 2246) In some narrations occurs: 'Til l they coul d be estimated (whil e stil l on the
trees). '
35-THE BOOK OFAS-SAL4M pizil ja - 248
asked Ibn 'Umar 4i i about A s-Salam
for dates. l bn 'Umar repl ied, "The Prophet
itforbade the sal e (of fruits) of date-pal ms
until they were fitfor eating;and al so
forbade the sal e of sil ver for gol d on
credit. " I al so asked Ibn 'Abbs aboutit.
Ibn 'Abbs repl ied, "The Prophetforbade
the sal e of dates til l they were fitfor eating,
and coul d be weighed." I asked him,' at
is to be weighed (as the dates are on the
trees)?" A man sitting by Ibn 'Abbs said, "It
means til l they are cutand stored."
(5) CHAPTER. The guarantor in A s-Salam.
2251. Narrated 'Aishah LL ti
Al l ah's Messenger

boughtsome
foodstuff (barl ey) from a jew on creditand
mortgaged his iron armour to him (the amour
stands for a guarantor).
(6) ChAPTER. Mortgaging in A s-Salam
2252. Narrated Al -A'mash: W e argued at
Ibrhim's dwel l ing pl ace aboutmortgaging in
A s-Salam. He said, "Aishah 1i ii i said,
'The Prophetboughtsome foodstuff from
a jew on creditand the paymentwas to be
made by a known definite time-period, and
he mortgaged his iron armour to him'. "
35-THE BOOK OFAS-SAL4M fl wl 6
.
Al - ro [249
(7) CHAPTER.As-Sa!am for a fixed specified
period.
Ibn 'Abbas, Abu Sa'id, Al -Aswad and Al -
Uasan permitted it. Ibn 'Umar said, "There
is no harm in buying foodstuff to be del ivered
within a known specified time-period, ata
known fixed price provided thatitis not
standing crops thathave notyetbecome ripe
and free from bl ights and diseases. "
2253. Narrated Ibn 'Abbas L l
The Prophetcame to Al -Madina and the
peopl e used to pay in advance the prices of
fruits to be del ivered within two to three
years. The Prophetsaid (to them), "Buy
fruits by paying their prices in advance on
condition thatthe fruits are to be del ivered to
you according to a known specified measure,
within a known specified time-period. " Ibn
Najil said, ". . . by a known specified measure
and a known specified weight
2254, 2255. Narrated Muhammad bin AM
Al -Mujl id: AbU Burda and 'Abdul l h bin
Shaddad sen me to 'Abdur Rahman bin
Abza and 'Abdul Ith bin Abi AUfa to ask them
aboutthe A s-Salaf (A s-Salam). They said,
"W e used to getwar booty whil e we were
with Al l ah's Messenger , and when the
peasants of Sham came to us we used to pay
them in advance for wheat, barl ey, and oil to
be del ivered within a known fixed time-
period. " I asked them, "Did the peasants
own standing crops or not?" They repl ied,
"W e never asked them aboutit
35 - THE BOOK OFAS-SAL4M - 250
(8) CHAPTER. As-Salam in buying a she-
camel to be del ivered after ithas given birth.
2256. Narrated 'Abdul l h Z : The
peopl e used to sel l camel s on the basis of
IIabai -i l-Ii abala
(1)
The Prophetforbade
such sal e. Nafi' expl ained
ki abal-i l-Ilabala by
saying. "The she-camel is to be del ivered to
the buyer after the she-camel gives birth. "
L(A)
:Ji
L9 ~
L5

(1) (H. 2256) See gl ossary.
36-THE BOOK OF PRE-EMPTION
- n 251
36- THE BOOK OF PRE-EMPTION
[A s-Salam in A sh-Shuf'a
(pre-emption)]
(1) CHAPTER. Sliuf a (pre-emption) is valid
if the property is undivided, but if the limits
become defined, then there is no pre-
emption.
2257. Narrated Jbir bin 'Abdul l h i
4 : Al l ah's Messenger gave the verdict
of pre-emption
(Sli ufa)
for every undivided
jointthing (property). Butif the l imits are
defined (or demarcated) or the ways and
streets are fixed, then there is no pre-
emption.
(2) CHAPTER. The partner should inform
his partner, who has the right of pre-
emption, of his intention to sell his share
before selling it.
Al -Ijakam said, "If the pre-emptor al l ows
his partner to sel l before sel l ing, then he has
no pre-emption any more. " Ash-Sha'bi said,
"If the pre-emptor witnesses the sal e of what
he has the rightto buy by pre-emption and
does notobjectto thatsal e, he l oses the right
of pre-emption."
2258. Narrated 'Amr bin Ash-Sharid
W hil e I was standing with Sa'd bin AN
W aqqas, Al -Miswar bin Makhrama came
and puthis hand on my shoul der. Mean-
whil e Aba Rafi', the freed sl ave of the
Prophetcame and asked Sa'd to buy
from him the (two) dwel l ings which were in
his house. Sa'd said, "By Al l ah I wil l notbuy
them. " Al -Miswar said, "By Al l ah, you shal l
i'i1:W I -
36- THE BOOK OF PRE-EMPTION
- n 252
buy them. " Sa'd repl ied, "By Al l ah, I wil l not
pay more than four thousand (Dirhams) by
instal l ments. " Aba Rafi' said, "I have been
offered five hundred Dinr (for it) and had I
notheard the Prophet;saying, 'The
neighbour has more rightthan anyone el se
because of his nearness, I woul d notgive
them to you for four thousand (Dirham:
whil e I am offered five hundred Dinr (ori
Dinar equal s ten Dirhams) for them." So, he
sol d itto Sa'd.
(3) CHAPTER. W ho is considered as the
nearer neighbour?
ju.
. L4L L 4Jt
3Li
LLJ 4 :LJ
3i
i
L - :
4 L
JJ
L5
J
:. jLd. 0 iLL
[1A' 1VV :)]
:_u()
2259. Narrated ' ishah : I
said, "0 Al l ah's Messenger! I have two
neighbours and woul d l ike to know to which
of them I shoul d give presents." He repl ied,
"To the one whose door is nearer to you."
ir
[vv' v'v
C")
37 - THE BOOK OF HIRING - 253
- rv
37- THE BOOK OF HIRING
(Concerning Hiring)
(1) CHAFFER. To hire a pious man.
The Statementof Al l ah )L.
". . . Veril y, the bestof men for you to hire
is the strong, the trustworthy. " (V. 28:26)
(And whatis said about) the honest
treasurer, and the person who does not
empl oy the one who is in an earnestpursuit
of a job (position).
2260. Narrated Abu Musa Al -Ash'ari
61 : The Prophetsaid, "The honest
treasurer who gives wil l ingl y whathe is
ordered to give, is one of the two charitabl e
persons (the second being the owner) . "
2261. Narrated AbU MUsa i I
wentto the Prophetwith two men from
Ash'ari tribe. I said (to the Prophet
),
"I
do notknow thatthey wantempl oyment. "
The Prophetsaid, "No, we do notappoint
for our jobs anybody who demands it
earnestl y. "
(2) CHAPTER. To shepherd sheep for
Qirat.'
J4Jl
)Ll aLa
()
:L
:i
LJ[i
(1) (Ch. 2) One Qi rat equal s one-hal f Dani qand one Dani qequal s: one-sixth of Dirham.
Sometimes itmay very big as Uhud mountain (atAl -Madina).
U

[tYl :..-I,]
37 -THE BOOK OF HIRING
- 254
The Prophetsaid, "Al l ah did notsend any
Prophetbuthe shepherded sheep." His
Companions asked him. "Did you do the
same?" The Prophetji repl ied, "Yes, I used
to shepherd the sheep of the peopl e of
Makkah for some Qi rat."
(3) CHAPTER. The employment of
Mushrikun (by Muslims) if necessary, or if
no Muslim is available for that purpose.
And the Prophetti empl oyed the Jews of
Khaibar (for the purpose of irrigating the
l and).
2263. Narrated 'Aishah ti The
Prophetand Abu Bakr empl oyed a
(Mushri k) man from the tribe of Bani Ad-
Dail and the tribl e of Bani 'Abd bin 'Adi as a
guide. He was an expertguide and he broke
the oath contractwhich he had to abide by
with the tribe of Al -'Asi bin W 'il , and he was
on the rel igion of Quraish pagans
(MusJ y
-i kun).
The Prophetand AbU Bakr
had confidence in him and gave him their
riding camel s and tol d him to bring them to
the cave of
Thaur
after three days. So he
broughtthem their two riding camel s after
three days, and both of them (the Prophet
and Abu Bakr) setoutaccompanied by 'Amir
bin Fuhaira and the Dail i guide who guided
them bel ow Makkah al ong the road l eading
to the sea-shore.
- vv
U~91
(4) CHAPTER. It is legal if somebody hires
someone to work for him after three days, or
after one month or after a year. W hen that
period elapses they should carry out their
contract.
2264. Narrated ' ishah t4 the
wife of the Prophet: Al l ah's Messenger ;
and AbU Bakr hired a man from the tribe of
Ban! Ad-Dail as an expertguide who was a
pagans (Mushri k)fol l ower of the rel igion of
the pagans (Musji ri kun)
of Quraish. The
Prophetand Abfl Bakr gave him their
two riding camel s and took a promise from
him to bring their riding camel s in the
morning of the third day to the cave of
Thaur.
(5) CHAPTER. Employing labourers for
services in holy battles.
2265. Narrated Ya'l bin Umaiyya
I fought i nJ ai sji -al- 'Usra (/jazwa of
TabUk) al ong with the Prophet!iJ and in my
opinion thatwas the bestof my deeds. At
thattime I had an empl oyee who quarrel l ed
with someone, and one of them bitand cut
the other's finger and caused his own tooth to
fal l out. He, then, wentto the Prophetu z
(with a compl aint) butthe Prophet
cancel l ed the suitand said to the
compl ainant, "Did you expecthim to l ethis
finger in your mouth so thatyou mightsnap
and cutitas does a stal l ion camel ?"
37 - THE BOOK OF HIRING - 256
2266. Narrated Ibn Juraijfrom 'Abdul l h
bin AbU Mul aika from his grandfather a
simil ar story: A man bitthe hand of another
man and caused his own tooth to fal l out, but
AbU Bakr judged thathe had no
rightfor compensation (for the broken
tooth).
(6) CHAPTER. If somebody employs
someone and tells him the period for which
he is pioyed, is it permissible for him not
to tell him the nature of the work?
(Itis permissibl e, if he takes into
consideration Al l ah's Statement): He said:
"I intend to wed one of these two daughters
of mine to you. . . (til l the end of the Verse)
'. . . Al l ah is a Surety over whatwe say. . . "
(V. 28: 27, 28)
(7) CHAPTER. It is permissible for one to
employ someone to repair a wall which is
about to collapse.
2267. Narrated Ubal bin Ka'b i
Al l ah's Messenger said, "Both of them
[Musa (Moses) and A]-Khi l r] proceeded on
til l they reached a wal l which was aboutto
fal l ." Sa'id said, "(Al -Khidr pointed) with his
hands (towards the wal l ) and then raised his
hands and the wal l became straightened up
Ya'l a said, "I think Sa'id said, 'He (Khidr)
passed his hand over itand itwas
straightened up. ' (MUsa said to him), "If
you had wanted you coul d have taken wages
for ii:. " Said said, "W ages with which to buy
food."
37-THE BOOK OF HIRING i4I 6
.
ja - rv 257
(8) CHAPTER. Employment up to midday.
2268. Narrated Ibn 'Umar L41
The Prophetsaid, "Your exampl e and the
exampl e of the peopl e of the two Scriptures
(i. e. , Jews and Christians) is l ike the exampl e
of a man who empl oyed some l abourers and
asked them, 'W ho wil l work for me from
morning til l midday for one
Qi rat?' The Jews
accepted and carried outthe work. He then
asked, 'W ho wil l work for me from midday
upto the 'Salat-ul-A sr for one Qi raf?' The
Christians accepted and ful fil l ed the work.
He then said, 'W ho wil l work for me from the
'A sr til l sunsetfor two Qi rat?' You, Musl ims
have accepted the offer. The Jews and the
Christians gotangry and said, 'W hy shoul d
we work more and getl esser wages?' (Al l ah)
said, 'Have I withhel d partof your right?'
They repl ied in the negative. He said, 'Itis
My Bl essing, I bestow upon whomever I
wish. '"
(9) CHAPTER. Employment up to the Ayr
2269. Narrated 'Abdul l ah bin 'Umar bin
Al -Khattab L4L
Al l ah's Messenger
. said, "Your exampl e and the exampl e of
Jews and Christians is l ike the exampl e of a
man who empl oyed some l abourers to whom
37- THE BOOK OF HIRING -
2581
he said, 'W ho wil l work for me up to midday
for one Qi rat each?' The Jews carried outthe
work for one Qi rat each;and then the
Christians carried outthe work up to the
A sr for one Qi raf each;and now you Musl ims
are working from the A sr up to sunsetfor two
Qi ra; each. The Jews and Christians got
angry and said, 'W e work more and are paid
l ess. ' The empl oyer (Al l ah) asked them,
'Have I usurped some of your right?' They
repl ied in the negative. He (Al l ah) said,
'Thai is My Bl essing, I bestow upon
whomever I wish. "
withholds the wages of the employee.
The Prophetsaid, "Al l ah said, 'I wil l be
an opponentto three types of peopl e on the
Day of Resurrection:
1. One who makes a covenantin My
Name, butproves treacherous;
2. One who sel l s a free person (as a sl ave)
and eats his price;and
3. One who empl oys a l abourer and takes
ful l work from him butdoes notpay him for
his l abour. '"
:iL
LJi
:JU
37 THE BOOK OF HIRING - 1v 259
(11) CHAPTER. Employment from 'A sr till
)j
J. JI il.I aLa
(' )
night.
2271. Narrated AbUM[saZi:The -
Prophetsaid, "The exampl e of Musl ims,
Jews and Christians is l ike the exampl e of a

- -
man who empl oyed l abourers to work for him
ft
-
i'
L5I
Y L5 LT
from morning til l nightfor specific wages.
3I 3'L
'W e They worked til l midday and then said,
do notneed your money which you have fixed
3
LJ . 4J i
IL. J
for us and l etwhatever we have done be
j
'Don't annul l ed. ' The man said to them, quit -
the work, butcompl ete the restof itand take ,l$ JJi Lo
your ful l wages. ' Butthey refused and went
=
away (l ike the Jews who refused to bel ieve in -
the Message of Jesus LJ The man LJZ iJ I 'U
empl oyed another batch after them and said
to them, the restof the day and

'Compl ete
yours wil l be the wages I had fixed for the first i
batch. ' So, they worked til l the time of 'A sr. -
js j U IS
Then they said, Letwhatwe have done be
annul l ed and keep the wages you have
promised us for yoursel f. The man said to
.
'Compl ete them the restof the work, as onl y
a l ittl e of the day remains. ' Butthey refused
(l ike the Christians who refused to bel ieve in
315 I
the Message of Muhammad
i).
Thereafter
he empl oyed another batch to work for the
ft.
tJI -I l L I1L. L
restof the day and they worked for the restof
Y15
:
J
Ui Lj
the day til l sunset, and they received the
wages of the two former batches (l ike the . 3I L.
Li
Musl ims). So, thatwas the exampl e of this -
l ight[Isl Amic Monotheism, the Qur'An, the
Sunna (l egal ways of the ProphetiJ) and the

(guidance) which ProphetMuhammad
iii
II
broughtwhich they (Musl ims) have accepted
-' -
wil l ingl y"
(1)
L$JS J.JI -I yI. ~LIj
(1) (H. 2271) The Jews refused to bel ieve in the Message of 'l esa (Jesus), so al l their work
was annul l ed;simil arl y, the Christians refused to acceptthe Message of Muhammad
and thus their work was annul l ed too. Such peopl e were notrewarded, because they
refused to have true Faith for the restof their l ives and died as disbel ievers. They
shoul d have bel ieved in the l atestMessage;for their insistence on keeping their ol d=
-
1
(12) CHAPTER. W hosoever employed a
labourer (and after completing the work)
the labourer left the wages and went away.
The employer invested that money in some
way and increased it thereby, or whoever
invested somebody else's money in business
and increased it thereby.
: I heard Al l ah's Messenger , saying,
"Three men from among those who were
before you, setouttogether til l they reached
a cave atnightand entered it. A big rock
rol l ed down the mountain and cl osed the
mouth of the cave. They said (to each other),
'Nothing coul d save you from this rock butto
invoke Al l ah by giving reference to the
righteous deed which you have done (for
Al l ah's sake onl y). ' So, one of them said, '0
Al l ]! I had ol d parents (whom I used to
provide mil k first) and I never provided my
famil y (wife, chil dren etc. ) with mil k before
them. One day, by chance I was del ayed, and
I came l ate (atnight) whil e they had sl ept. I
mil ked the sheep for them and took the mil k
to them, butI found them sl eeping. I disl iked
to provide my famil y with the mil k before
them. I waited for them and the bowl of mil k
was in my hand and I kepton waiting for
them to getup til l the day dawned. Then they
gotup and drank the mil k. 0 Al l ah! If I did
thatfor Your sake onl y, pl ease rel ieve us
from our critical situation caused by this
rock. ' So, the rock shifted a l ittl e, butthey
coul d notgetout. "
=rel igion deprived them of the reward which they woul d have gotfor their previous
good deeds achieved before the adventof the new rel igion. On the other hand,
Musl ims accepted and bel ieved in al l the three Messages and deserved a ful l reward for
their compl ete surrender to Al l ah. (A l-Qastalan, Vol . 4)
37THE BOOK OF HIRING
VV
The Prophetfurther said ,"The second
man said, '0 Al l ah! I had a cousin who was
the dearestof al l peopl e to me and I wanted
to have sexual intercourse with her butshe
refused. Later, she had a hard time in a year
from amongstthe famine years and she came
to me and I gave her one hundred and twenty
Dinrs on the condition thatshe woul d not
resistmy desire, and she agreed. W hen I was
aboutto ful fil my desire, she said: Itis il l egal
for you to outrage my chastity exceptby
l egitimate marriage. So, I thoughtita sin to
have sexual intercourse with her and l efther,
though she was the dearestof al l the peopl e
tome, and al so I l eftthe gol d I had given her.
0 Al l ah! If I did thatfor Your sake onl y,
pl ease rel ieve us from the presentcal amity. '
So, the rock shifted a l ittl e more, butstil l
they coul d notgetoutfrom there
The Prophet. added, "Then the third
man said, 0 Al l ah! I empl oyed few l abourers
and I paid them their wages with the
exception of one man who did nottake his
wages and wentaway. I invested his wages
and I gotmuch property thereby. (Then after
some time) he came and said to me: 0
Al l ah's sl ave! Pay me my wages. I said to
him: Al l the camel s, cows, sheep and sl aves
you see, are yours. He said: 0 Al l ah's sl ave!
Don'tmock atme. I said: I am notmocking
atyou. So, he took al l the herd and drove
them away and l eftnothing. 0 Al l ah! If Idid
thatfor Your sake onl y, pl ease rel ieve us
from the presentsuffering. ' So, thatrock
shifted compl etel y and they gotoutwal king. "
37 THE BOOK OF HIRING
t$ - 262
(13) CHAPTER. One who employs himself
to carry loads on his back and then gives in
charity from his wages, and (what is said
about) the wages of porters.
2273. Narrated Ab Mas'Ud Al -Ansri
W henever Al l ah's Messenger
ordered us to give in charity we woul d go to
the marketand work as porters to earn a
Mudd (two hand-ful l s) (of foodstuff), but
now some of us have one hundred thousand
Dirham or Dinr. (The sub-narrator) Shaqiq
said, "I think AbU Mas'd meanthimsel f by
saying (some of us) . "
(14) CHAPTER. W ages of a broker.
Ibn Sirin, 'At', Ibrhim and Al -Hasan
did notsee any harm in them. Ibn 'Abbs
said, "There is no harm if one says (to a
broker), 'Sel l this garmentfor such a price
and whatever more you get, is for you. "
Ibn Sirin said, "If one says to a broker,
'Sel l itfor such a price and if you getmore,
the profitwil l be for you or divided between
us,' there is no harm in it. "
The Prophet;said, "Musl ims shoul d
abide by their conditions
2274. Narrated Tawiis: Ibn 'Abbs iii
L4i said, "The Prophet;forbade the
meeting of caravans (on the way) and
37- THE BOOK OF HIRING - 263
ordained thatno townsman is permitted to
sel l things on behal f of a bedouin. " I asked
Ibn 'Abbas, "W hatis the meaning of his
saying, 'No townsman is permitted to sel l
things on behal f of a bedouin. " He repl ied,
"He shoul d notwork as a broker for him. "
(15) CHAPTER. Is it permissible for a
Muslim to work as an employee for
Muslirikun in a land of infidelity?
2275. Narrated Khabbab Z i I was
a bl acksmith and did some work for Al -'As
bin W a'il . W hen he owed me some money
for my work, I wentto him to ask for that
amount. He said, "I wil l notpay you unl ess
you disbel ieve in Muhammad (). " I said,
"By Al l ah! I wil l never do thattil l you die and
be resurrected. " He said, "W il l I be dead and
then resurrected after my death?" I said,
"Yes. " He said, "There Twil l have property
and offspring and then I wil l pay you your
due. " Then Al l ah jw reveal ed: "Have you
seen him who disbel ieved in Our "A yat"(this
Qur'an and Muhammad jot) and said I shal l
certainl y be given weal th and chi'ren?"
(V. 19: 77)
(16) CHAPTER. W hat is paid for Ruqya
(i.e., Divine Speech recited as a means of
curing diseases) with SratAl-Ftiha, when
practised over an Arab tribe.
37 THE BOOK OF HIRING i - rv
jj
2276. Narrated AbU Sa'id a
Some of the Companions of the Prophet
wenton a journey til l they reached some of
the Arab tribes (atnight). They asked the
l atter to treatthem as their guests butthey
refused. The chief of thattribe was then
bitten by a snake (or stung by a scorpion) and
they tried their bestto cure him butin vain.
Some of them said (to the others), "Nothing
has benefited him, wil l you go to the peopl e
who resided here atnight, itmay be that
some of them mightpossess something (as
treatment)." They wentto the group of the
Companions (of the Prophet) and said,
"Our chief has been bitten by a snake (or
stung by a scorpion) and we have tried
everything buthe has notbenefited. Have
you gotanything (useful )?" One of them
repl ied, "Yes, by Al l ah! I can recite a Ruqya,
butas you have refused to acceptus as your
guests, I wil l notrecite the Ruqya for you
unl ess you fix for us some wages for it." They
agreed to pay them a fl ock of sheep. One of
them then wentand recited (Srat A l-
Fati /a): A ll the praises and thanks be to
Al l ah, the Lord of the 'A larni n (mankind,
jinn and al l thatexists). And puffed over the
chief who became al l rightas if he was
rel eased from a chain, and gotup and started
wal king, showing no signs of sickness. They
paid them whatthey agreed to pay. Some of
them (i. e. , the Companions) then suggested
to divide their earnings among themsel ves,
37THE BOOK OF HIRING
265
butthe one who performed the recitation
said, "Do notdivide them til l we go to the
Prophet
and narrate the whol e story to
him, and waitfor his order." So, they wentto
Al l ah's Messenger and narrated the story.
Al l ah's Messenger
asked, "How did you
come to know thatSarat A 1-Fati ha was
recited as Ruqya?" Then he added, "You
have done the rightthing. Divide (whatyou
have earned) and assign a share for me as
wel l ." The Prophet
j,
smil ed thereupon.
(17) CHAPTER. The taxes imposed on the
slaves by their masters;and the leniency in
imposing taxes on female slaves.
2277. Narrated Anas bin Ml ik i 4i
W hen AbU Taiba cupped the Prophet, and
the Prophetordered thathe be paid one or
two Sa' of foodstuff and he interceded with
his masters to reduce his taxes.
(18) CHAPTER. The wages of one who has
the profession of cupping.
2278. Narrated Ihn 'Abbas
W hen the Prophet. was cupped, he paid
the man who cupped him his wages.
1i YA
:W
:3u L4Z
LA;J
[Ac)
- rv
R
2279. Narrated Ibn 'Abbas Li I
W hen the Prophetwas cupped, he paid
the man who cupped him his wages. If ithad
been undesirabl e he woul d nothave paid
him.
Prophetused to getcupped and woul d
never withhol d the wages of any person.
(19) CHAPTER. W hoever appealed to the
masters of a slave to reduce his taxes.
2281. Narrated Anas bin Ml ik i
The Prophetsentfor a sl ave who had the
profession of cupping, and he cupped him.
The Prophetordered thathe be paid one
or two S, or one or two Muddof foodstuff,
and appeal ed to his masters to reduce his
taxes.
(20) CHAPTER. The earnings of prostitutes
and female-slaves.
Ibrahim hated the earnings of femal e
wail ers and femal e singers.
The Statementof Al l ah 1: And
force notyour maids to prostitution, if they
desire chastity, in order thatyou may make a
gain in the (perishabl e) goods of this worl dl y
l ife. Butif anyone compel s them (to
prostitution) then after such compul sion,
Al l ah is Oft-Forgiving, MostMerciful (to
those women i. e. , He wil l forgive them
37-THE BOOK OF HIRING 60a - 267
jJ
because they have been forced to do this evil
action unwil l ingl y)" (V. 24:33).
2282. Narrated Abu Mas'ud Al -Ansari 41 - YYAY
Al l ah's Messenger jprohibited
(from taking) the price of a dog, the earnings '-'p
- L7
of a prostitute, and the charges taken by a
sooth-sayer. - -
t: ii
[1rv
2283. Narrated AbUHurairah : NAY'
The Prophetprohibited the earnings of - - -
sl ave-girl s (through prostitution). -. - -
:JU Z ii
[otA :] . L0fl
(21) CHAPTER. (Charging for) the semen of j. ,. . ii aL
(' \)
a male animal, (i.e., copulation of animals). - -
2284. Narrated Ibn 'Umar 4 L,- :i1 tIW . - YYAf
The Prophet;forbade taking a price for - -. - -
animal copul ation.
:J U L4L
(22) CHAPTER. If somebody rents land and JL
L
iI 151 L (YY)
he or the owner of the land dies (will the - - -
contract be cancelled)? - - - -
According to Ibn Sirin the inheritors have 3 1 ' . 2i
J
Uj
no rightto expel the tenant before the term
of the contract has el apsed.
r
Al-Uakam, Al -Hasan and Ayas bin: ,L. JI, ~. JI
Mu'Awiya said, "The contract remains valid - - - - - - -
till the end of the term
Ibn 'Umar said, "The Prophet rented . tJL ,- iI JI-
the land of Khaibar on the terms that half the - - -
37 - THE BOOK OF HIRING t. 4l it- 268
yiel d woul d be his share. Thatcontract
continued during the l ifetime of the
Prophet, Abu Bakr, and the earl y part
of 'Umar's cal iphate." Itwas notmentioned
thatAbU Bakr renewed the contractafter the
death of the Prophet.
285. Narrated Abdul l h bin Umar
L4 : "Al l ah's Messenger , gave the l and
of Khaibar to the Jews to work on itand
cul tivate itand take hal f of its yiel d. " Ibn
Umar added, "The l and used to be rented for
a certain portion (of its yiel d) . " Nafi'
mentioned the amountof the portion butI
forgotit.
2286. Rfi' bin Khadijsaid, "The Prophet
forbade renting farms."
Narrated 'Ubaidul l h, Nafi' said: Ibn
'Umar said: (The contractof Khaibar
continued) til l 'Umar evacuated the Jews
(from Khaibar).
38 - THE BOOK OF A L-HA WA LA T
-
269
38- THE BOOK OF AL-HA WALAT
-
(1) CHAPTER. AI-Hawala (the transference
of a debt from one person to another. It is an
agreement whereby a debtor is released from
a debt by another becoming responsible for
it)
Can Hawla be rejected by the creditors after
accepting it?
Al -Uasan and Qatada said, "If the
transferee was rich when the debtwas
transferred, the agreementis final and
irrevocabl e by the creditor. "
Ibn 'Abbas said, "W hen two partners
disassociate and one of them accepts assets
whil e the other accepts debts as a partof his
share, if the debts coul d notbe col l ected
(because of the death of the debtor, his
bankruptcy, or his denial of the debt, etc. ),
the one who has accepted the debts woul d
have no rightto demand any compensation
from his partner. " This is appl ied al so in
setting the affairs of inheritors.
2287. Narrated AbU Hurairah Z I
The Prophetsaid, "Procrastination
(del ay) in paying debts by a weal thy man is
injustice. So, if your debtis transferred from
your debtor to a rich debtor, you shoul d
agree
L ()
)L LI :l i 3ii
t. L;
-
I
1. 1
- AV
J. fl L U :L
1Ei
Li
L
:JU
(2) CHAFFER. If somebody's debt are
transferred to a rich debtor, the Hawala
(1) (H. 2287) As the postponementof paying debts by a rich person is injustice, one shoul d
acceptHawala upon thatman, for one may be better abl e to col l ectthe debtfrom the
rich man than the transferor. Thus, by accepting the Hawala one hel ps the rich man to
avoid injustice. (Fath A l-Ban).
38- THE BOOK OFAL-HAWALAT QlljAH 6id - 270
is irrevocable
The Prophetsaid, "Procrastination
(del ay) in paying debts by a weal thy person
is injustice. So, if your debts is transferred
from your debtor to a rich debtor, you shoul d
agree."
(3) CHAPTER. If the debts due on a dead
person are transferred to somebody, the
transference is legal and valid.
2289. Narrated Sal ama bin A1-Akwa'
'61: Once, whil e we were sitting in the
company of Prophet, a dead body was
brought. The Prophetwas requested to
l ead the funeral Salat (prayer) for the
deceased. He said, "Is he in debt?" The
peopl e repl ied in the negative. He said, "Has
he l eftany weal th?" They said, "No. " So, he
l ed his funeral prayer. Another dead person
was broughtand the peopl e said ,"O Al l ah's
Messenger! Lead his funeral Salat (prayer)
The Prophetitsaid, "Is he in debt?" They
said, "Yes. " He said, "Has he l eftany
weal th?" They said, "Three Dinr. " So, he
l ed the funeral prayer. Then a third dead
person was broughtand the peopl e said (to
the Prophet;), "Pl ease l ead his funeral
Salt (prayer). " He said, "Has he l eftany
weal th?" They said,"No. " He asked, "Is he
in debt?" They said, ("Yes! He has to pay)
three Dinr. " He [refused to offer funeral
Salt (prayer) and] said, "Then offer Salat
(prayer) for your (dead) companion. " AbU
Oatada said, "0 Al l ah's Messenger! Lead his
funeral prayer, and I wil l pay his debt. " So,
he l ed the Salat (prayer).
39THE BOOK OF A L-KAFL4 XU531 6ja - 271
39- THE BOOK OF AL-KAFLA
(1) CHAPTER. A l-Kafala (i.e., the pledge
given by somebody to the creditor to
guarantee that the debtor will be present at
a certain specific place to pay his debt or
fine, or to undergo a punishment, etc.) in
loans and debts with oneself or other things
(e.g., one's money).
2290. Narrated Muhammad bin 'Amr Al -
Asl amI thathis father Hamza said: 'Umar
Zi senthim (i. e. , Hamza) as a
adaqaIZakat col l ector. A man had
committed il l egal sexual intercourse with
the sl ave-girl of his wife. Hamza took
(personal ) sureties for the adul terer til l they
came to 'Umar. 'Umar had l ashed the
adul terer one hundred l ashes. 'Umar
confirmed their cl aim (thatthe adul terer
had al ready been punished) and excused him
because of being ignorant
(1)
Jarir Al -Ash'ath said to Ibn Mas'Ud
regarding renegades (i. e. , those who
became infidel s after embracing Isl am),
"Letthem repentand take (personal )
sureties for them. " They repented and their
rel atives stood sureties for them
(2)
4z
3u.4L J l j
: :J
3
.
(1) (H. 2290) This is an abridged version of a l ong story which goes: 'Umar sentHamza to
col l ectZaJ at. A man argued with his wife before Hamza. He tol d her to pay the Zakat
of the weal th of her sl ave-girl 's son, whil e she tol d him to pay the Zakt of his son's
weal th. Hamza asked whatthe matter was. He was tol d thatthe man was the husband
of thatwoman and thathe had committed il l egal sexual intercourse with her sl ave-girl
who gave birth to a boy. The woman manumitted the boy who inherited the weal th
from his mother.
On hearing the story, Hamza said to the man, "I wil l definitel y stone you (in
punishmentof the crime)
The peopl e said, "The case had been taken to 'Umar (the cal iph) who gave him one
hundred l ashes butdid notsentence him to stoning." Somebody stood surety for the
man. W hen Hamza came to 'Umar, 'Umar confirmed their cl aim and said thathe had
notstoned him, because he had committed il l egal sexual intercourse ignorantl y (i. e. ,
he thoughtthatitwas l egal for him to have sexual rel ation with his wife's sl ave-girl ).
(Ibid
p.
374).
(2) (Ch. 2290) The story of the renegades was narrated by Uritha bin Madrab, who=
39- THE BOOK OFAL-K4FAL4
ZUZ .
According to Hammd, if somebody
stands surety for another person and that
person dies, the person giving surety wil l be
rel eased from responsibil ity. According to
Al -Uakam, his responsibil ity continues.
191. Narrated AbU Hurairah L Zi
The Prophetsaid, "An Israel I man asked
another Israel i to l end him one thousand
Dinair. The second man required witnesses.
The former repl ied, 'Al l ah is sufficientas a
witness. ' The second said, 'I wanta surety. '
The former repl ied, 'Al l ah is sufficientas a
surety. ' The second said, 'You are right,' and
l enthim the money for a certain period. The
debtor wentacross the sea. W hen he finished
his job, he searched for a conveyance so that
he mightreach in time for the repaymentof
the debt, buthe coul d notfind any. So, he
took a piece of wood and made a hol e in it,
inserted in itone thousand Dinar and a l etter
to the l ender and then cl osed (i. e. , seal ed)
the hol e tightl y. He took the piece of wood to
the sea and said, '0 Al l ah! You know wel l
that] took a l oan of one thousand Dinr from
so-and-so. He demanded a surety from me
butI tol d him thatAl l ah's Guarantee was
'mificientand he accepted Your Guarantee.
He then asked for a witness and I tol dhim
thatAl l ah was sufficientas a witness. No
doubt, I have tried hard to find a conveyance
so thatI coul d pay back his money butcoul d
notfind, so I hand over this money to You. '
Saying that, he threw the piece of wood into
- ,
4&
Jy) f
L5r LY
3L.r-J j
4j ))
L
:JUi
J3L
:Ji
:JUifl
fl
:i5Li
==said, "I offered the morning prayer with 'Abdul l h bin Mas'Ud. W hen the
Salt
(prayer) ended, a man gotup and informed him thathe had gone to the mosque of
Ban! Uanifa and heard the Mu'adj4/i nof 'Abdul l h bin An-Nawwaba saying, 'I testify
thatMusail ama (the l iar) is Al l ah's Messenger. "
Ibn Mas'ud sentfor Ibn An-Nawwaba and had puthim to death. He then consul ted his
companions regarding Ibn An-Nawwaba's fol l owers who were one hundred and seventy
men. 'AdI bin Hatim suggested thatthey be kil l ed. Jarir and Al -Ash'ath gotup and
said, 'No, butl etthem repentand l ettheir tribes stand sureties for them. ' So, they
repented and their tribes stood sureties for them.
" (Ibid. p. 375)
39- THE BOOK OF A L.K4FA L4
A SJ I h.Ja - 01
the sea til l itwentoutfar into it, and then he
wentaway. Meanwhil e he started searching
for a conveyance in order to reach the
creditor's country. One day the l ender came
outof his house to see whether a ship had
arrived bringing his money, and al l of a
sudden he saw the piece of wood in which his
money had been deposited. He took ithome
to use as fire-wood. W hen he sawed it, he
found his money and the l etter inside it.
Shortl y after that, the debtor came bringing
one thousand Dinar to him and said, 'By
Al l ah, I had been trying hard to geta boatso
thatI coul d bring you your money, butfail ed
to getone before the one I have come by. '
The l ender asked, 'Have you sentsomething
to me?' The debtor repl ied, 'I have tol d you I
coul d notgeta boatother than the one I have
come by. ' The l ender said, 'Al l ah has
del ivered on your behal f the money you
sentin the piece of wood. So, you may keep
your one thousand DinAr and depart, guided
on the rightpath'. "
(2) CHAPTER. The Statement of Allah 1.4
. : "...To those also with whom you have
made a pledge (brotherhood), give them
their due portion by Wasiya (wills)..."
(V. 4:33)
2292. Narrated Sa'id bin Jubair: Ibn
'Abbas L. 41 i said, "In the Verse:
'And to everyone, W e have appointed heirs
of that(property). . . ' (4:33). (And regarding
the Verse) 'Arid those with whom you have
-
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39 THE BOOK OFA L-KA FA IA
XUSJ I 6ja
-
P1
made a pl edge,' Ibn 'Abbas said, "W hen the
emigrants came to the Prophet0, in Al -
Madina, the emigrantwoul d inheritthe
A nsri , whil e the l atter's rel atives woul d not
inherithim because of the bond of
brotherhood which the Prophet
establ ished between them (i. e. , the
emigrants and the A nar). W hen the Verse:
'And to everyone W e have appointed heirs'
(V. 4 :33) was reveal ed, itcancel l ed [the bond
(the pl edge) of brotherhood regarding
inheritance]. " Then he said, "The verse:
'To those al so with whom you have made a
pl edge (brotherhood)' remained val id
regarding co-operation and mutual advice,
whil e the matter of inheritance was
excl uded;and itbecame permissibl e to
assign something in one's testamentto the
person who had had the rightof inheriting
before.
2293. Narrated Anas 'Zr' 'Abdur-
Rahman bin 'AUf came to us and Al l ah's
Messenger establ ished a bond of
brotherhood between him and Sa'd bin
Rabi'.
2294. Narrated 'Asim: I asked Anas bin
Ml ik (saying): "Have you been conveyed
(or ever heard) thatthe Prophetsaid,
'There is no al l iance in Isl am'?" He repl ied,
"The Prophetmade al l iance between
Quraish and the A nsar in my house ."
43
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39 - THE BOOK OF AL-K4FAL 4 ZU.01 6JL I - 275
(3) CHAPTER. He who undertakes to repay
the debts of a dead person has not the right
to change his mind.
Al -Hasan said the same.
: A dead person was broughtto the
Prophetso thathe mightl ead the funeral
prayer for him. He asked, "Is he in debt?"
W hen the peopl e repl ied in the negative, he
l ed the funeral prayer. Another dead person
was broughtand he asked, "Is he in debt?"
They said, "Yes." He (refused to l ead the
prayer and) said, "Lead the prayer of your
friend. " AbU Qatada said, "0 Al l ah's
Messenger! I undertake to pay his debt. "
Al l ah's Messenger then l ed his funeral
prayer.
2296. Narrated Jbir bin 'Abdul l h '
4L: Once the Prophetsaid (to me), "If
the money of Bahrain comes, I wil l give you
so much and so much (a certain amountfrom
it) . " The Prophethad breathed his l ast
before the money of Bahrain arrived. W hen
the money of Bahrain reached, AbU Bakr
announced, "W hoever was promised by the
Prophetshoul d come to us. " I wentto
AN Bakr and said, "The Prophet
promised me so-and-so." AbU Bakr gave
me a handful of coins and asked me to count
it. W hen I counted them, they were five
hundred in number. AbU Bakr then said,
"Take twice the amountyou have taken
(besides) . "
(4) CHAPTER. The pledge of protection
given to Abu Bakr (by someone) during the
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39-THE BOOK OF A L-K4FALA ZU01 6its - 276
lifetime of Allah's Messenger .
2297. Narrated 'Aishah ,wife of
the Propheti* : Since I reached the age
when I coul d remember things, I have seen
my parents worshipping according to the
rightfaith of Isl am. Nota singl e day passed
butAl l ah's Messenger visited us, both in
the morning and in the evening. W hen the
Musl ims were persecuted, AbU Bakr setout
for Ethiopia as an emigrant. W hen he
reached a pl ace cal l ed Bark-al -Ghimad, he
metIbn Ad-Dagina, the chief of the Odra
tribe, who asked AbU Bakr, "W here are you
going?" AbU Bakr said, "My peopl e have
turned me outof the country and I woul d l ike
to tour the worl d and worship my Lord." Ibn
Ad-1)agina said, "A man l ike you wil l notgo
out, nor wil l he be turned outas you hel p the
poor earn their l iving, keep good rel ation
with your kith and kin, hel p the disabl ed (or
the dependents), provide guests with food
and shel ter, and hel p peopl e during their
troubl es. I am your protector. So, go back
and worship your Lord atyour home. " Ibn
Ad-l )athina wental ong with AbU Bakr and
took him to the chiefs of Quraish saying to
them, "A man l ike AbU Bakr wil l notgo out,
nor wil l he be turned out. Do you turn outa
man who hel ps the poor earn their l iving,
keeps good rel ations with kith and kin, hel ps
the disabl ed, provides guests with food and
shel ter, and hel ps the peopl e during their
troubl es?" So, Quraish al l owed Ibn Ad-
Dagina's guarantee of protection and tol d
AbU Bakr thathe was secure, and said to Ibn
Ad-Dagina, "Advise AbU Bakr to worship
his Lord in his house and to offer prayer and
read whathe l iked and notto hurtus and not
to do these things publ icl y, for we fear that
our sons and women may fol l ow him." Ibn
Ad-Dagina tol d AbU Bakr of al l that. So,
Abu Bakr continued worshipping his Lord in
39-THE BOOK OF A L-K4FA LA tI 6ja - 277
his house and did notoffer Salat (prayer) or
recite Qur'an al oud exceptin his house.
Later on AbU Bakr had an idea of buil ding a
mosque in the courtyard of his house. He
ful fil l ed thatidea and started offering Salt
(prayer) and reciting Qur'An there publ icl y.
The women and the offspring of the
Musi kun started gathering around him
and l ooking athim in astonishment. AN
Bakr was a softhearted person and coul d not
hel p weeping whil e reciting Qur'n. This
horrified the
Musji ri k
chiefs of Quraish. They
sentfor Ibn Ad-Dagina and when he came,
they said, "W e have given Ab Bakr
protection on condition thathe wil l worship
his Lord in his house, buthe has transgressed
thatcondition and has buil ta mosque in the
courtyard of his house and offered his Salat.
and recited Qur'an in publ ic. W e are afraid
l esthe misl ead our women and offspring. So,
go to him and tel l him thatif he wishes he can
worship his Lord in his house onl y, and if
not, then tel l him to return your pl edge of
protection as we do notl ike to betray you by
revoking your pl edge, nor can we tol erate
AbU Bakr's decl aration of Isl am (his
worshipping) in publ ic. "
'Aishah added: Ibn Ad-Dathina came to
AbU Bakr and said, "You know the
conditions on which I gave you protection,
so you shoul d either abide by those
conditions or revoke my protection, as I do
notl ike to hear the Arabs saying thatIbn Ad-
Dagina -gavetie pl dge of protection to a
person and his peopl e did notrespectit
Abu Bakr said, "I revoke your pl edge of
protection and am satisfied with Al l ah's
Protection. " Atthattime Al l ah's
Messenger was stil l in Makkah and he
said to his Companions, "Your pl ace of
(1) (H. 2297) A l-Mushnkun: Pol ytheists, pagans, idol ators, and disbel ievers in the
Oneness of Al l ah and in His Messenger Muhammad ( )
39-THE BOOK OFAL-K4FALA ZU.91 6ja - 278
emigration has been shown to me. I have
seen sal ty l and, pl anted with date-pal ms and
situated between two mountains which are
the two J -Iarra . " So, when the Prophettol d
it, some of the companions migrated to Al -
Madina, and some of those who had
migrated to Ethiopia returned to Al -
Mad ma. W hen AbU Bakr prepared for
emigration, Al l ah's Messenger said to
him, "W ait, for I expectto be permitted to
emigrate." AbU Bakr asked, "May my father
be sacrificed for your sake, do you real l y
expectthat?" Al l ah's Messenger repl ied in
the affirmative. So, Abu Bakr postponed his
departure in order to accompany Al l ah's
Messenger , and fed two camel s which he
had with the l eaves of Samur trees for four
months.
(5) CHAPTER. The debts.
2298. Narrated AbU Hurairah L
W henever a dead man in debtwas broughtto
Al l ah's Messenger ;(for funeral prayer) he
39-THE BOOK
OFA L-K4FA IA
ZUYJ I 6ja - 279
woul d ask, "Has he l eftanything to repay his
debt?" If he was informed thathe had l eft
something to repay his debts, he woul d offer
his funeral prayer, otherwise he woul d tel l
the Musl ims to offer their friend's funeral
prayer. W hen Al l ah made the Prophet
weal thy through conquests, he said, "I am
more rightful than other bel ievers to be the
guardian of the bel ievers, so if a Musl im dies
whil e in debt, I am responsibl e for the
repaymentof his debt, and whoever l eaves
weal th (after his death) itwil l bel ong to his
heirs. "
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40- THE BOOK OF REPRESENTATION - 280
40 THE BOOK OF REPRESENTATION
-
(OR AUTHORIZATION)
(1) CHAPTER. A partner can deputize for
another while distributing things etc.
No doubt, the ProphetjW shared his Hady
(i. e. , sacrificing animal s) with 'Al l and then
ordered 'Al l to distribute them.
2299. Narrated 'Al l tAl l ah's
Messenger ordered me to distribute the
saddl es and skins of the Budn which I had
sl aughtered.
2300. Narrated 'Uqba bin 'Amir
thatthe Prophethad given him sheep to
distribute among his companions and a mal e
kid was l eft(after the distribution). W hen he
informed the Prophetof it, he said (to
him). ,"Offer itas a sacrifice on your behal f. "
(2) CHAPTER. If a Muslim deputizes a non-
Muslim warrior in a country of infidelity or
in a Muslim state, the contract is valid.
2301. Narrated 'Abdur-Rahmn bin 'Afl f
ifl I gotan agreementwritten
between me and Umaiyya bin Khal af that
Umaiyya woul d l ook after my property (or
famil y) in Makkah and I woul d l ook after his
in Al -Madl na. W hen I mentioned the word
'Ar-Rahman' in the documents Umaiyya
said, "I do notknow 'Ar-RahmAn. ' W rite
down to me your name, (with which you
40 THE BOOK OF REPRESENTATION
- 281
cal l ed yoursel f) in the Pre-Isl amic Period of
Ignorance. " So, I wrote my name "Abdu
'Amr'. On the day (of the battl e) of Badr,
when al l the peopl e wentto sl eep, I wentup
the hil l to protecthim. Bil gl 1 saw him (i. e. ,
Umaiyya) and wentto a gathering of A nsar
and said, "(Here is) Umaiyya bin Khal af! 'I
wil l notbe saved if Umaiyya is saved'. (W oe
to me if he escapes)!" So, a group of A nsr
wentoutwith Bil l l to fol l ow us ('Abdur-
Rabmn and Umaiyya). Being afraid that
they woul d catch us, I l eftUmaiyya's son for
them to keep them busy butthe A nsr kil l ed
the son and insisted on fol l owing us.
Umaiyya was a fatman, and when they
approached us, I tol d him to kneel down, and
he knel t, and I l aid mysel f on him to protect
him, butthe A nsdr kil l ed him by passing their
swords underneath me, and one of them
injured my footwith his sword. (The
subnarrator said, "Abdur Rahmn used to
show us the trace of the wound on the back of
his foot. ")
(3) CHAPTER. To deputize one in
exchanging money and weighing goods.
'Umar and Ibn 'Umar deputized (a
person) in money exchanges.
2302, 2303. Narrated AbU Sa'id Al -
Khudri and AbU Hurairah L4L
(1) (H. 2301) Umaiyya used to torture Bil l severel y when he was in Makkah because he
had embraced Isl am.
I,JI _1 I
(0
40- THE BOOK OF REPRESENTATION XISgl 60a - .
IR
Al l ah's Messenger empl oyed someone as
a governor atKhaibar. W hen the man came
to Al -Madina, he broughtwith him dates
cal l ed J ani b. The Prophet

asked him,
"Are al l the dates of Khaibar of this kind?"
The man repl ied, "(No), we exchange two
Sa' of bad dates for one S' of this kind of
dates (i. e. , J ani b), or exchange three S' for
two. " On that, the Prophetsaid, "Don't
do sc, as itis a kind of Ri ba (usury) butsel l
the dates of inferior qual ity for money, and
then buy J ani bwith the money. " The Prophet
said the same thing aboutdates sol d by
weight.
[See Hadi th No. 23121.
(4) CHAPTER. If a shepherd or a deputy
saw a dying sheep or something which is
going to be spoiled, he is allowed to
slaughter the sheep and save the thing
liable to be spoiled.
2304. Narrated Ka'b bin Ml ik: W e had
some sheep which used to graze atSal'. One
of our sl ave-girl s saw a sheep dying and she
broke a stone and sl aughtered the sheep with
it. He (my father) said to them (the peopl e),
"Don'teatittil l I ask the Prophetaboutit
(or til l I send somebody to ask the Prophet
So, he asked or sentsomebody to ask
the Prophet, and the Prophet
permitted them to eatit. 'Ubaidul l h (a
subnarrator) said, "I admire thatgirl , for
though she was a sl ave-girl , she dared to
sl aughter the sheep
40 THE BOOK OF REPRESENTATION ilSll ya - L. 283
(5)CHAPTER. It is permissible to depute a
person whether he is present or absent.
'Ubaidul l h bin 'Amr wrote to his
representative who was notpresent, to pay
(Sadaqat-al-Fi tr) on behal f of the chil dren
both young and ol d.
2305. Narrated AbU Hurairah . bi
The Prophetowed somebody a camel of a
certain age. W hen he came to demand it
back, the Prophetjsaid (to some peopl e),
"Give him (his due). " W hen the peopl e
searched for a camel of thatage, they found
none, butfound a camel one year ol der. The
Prophetsaid, "Give (itto) him. " On that,
the man remarked, "You have given me my
rightin ful l . May Al l ah give you in ful l ." The
Prophetjii said, "The bestamongstyou is
the one who pays the rights of others
generousl y. "
(6) CHAPTER. To depute a person to repay
debts.
A man came to the Prophetdemanding his
debts and behaved rudel y. The Companions
of the Prophetintended to harm him, but
Al l ah's Messenger said (to them), "Leave
him, for the creditor (i. e. , owner of a right)
has the rightto speak. " Al l ah's Messenger
then said, "Give him a camel of the same age
as thatof his. " The peopl e said, "0 Al l ah's
Messenger! There is onl y a camel thatis
ol der and better than his. " Al l ah's
Messenger said, "Give (itto) him, for
the bestamongstyou is he who pays the rights
of others generousl y. "
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40- THE BOOK OF REPRESENTATION

(7)
CHAPTER. It is permissible for one to
give a gift to a deputy (of some people) or to
their intercessor.
This is confirmed by the statementof th
Prophetto the del egates of the tribe
t
Hawizin when they appeal ed to him to
return the booty to them. The Prophetj
said, "I give my share to you. "
2307, 2308. Narrated Marwn bin Al -
Hakam and Al -Miswar bin Makhrama:
W hen the del egates of tne tribe of Hawzin
after embracing Isl am, came to Al l ah's
Messenger , he gotup. They appeal ed to
him to return their properties and their
captives. Al l ah's Messenger said to
them, "The mostbel oved statementto me
is the true one. So, you have the option of
restoring your properties or your captives,
for I have del ayed distributing them. " (The
narrator added), Al l ah's Messenger had
been waiting for them for more than ten days
on his return from Taif. W hen they real ized
thatAl l ah's Messenger woul d return to
them onl y one of the two things, they said,
"W e choose our captives. " So, Al l ah's
Messenger gotup in the gathering of the
Musl ims, praised Al l ah as He deserved, and
said "Then after! These brothers of yours
have come to you with repentance (asking for
Al l ah's Forgiveness) and I see itproper to
return their captives to them. So, whoever
amongstyou l ikes to do thatas a favour, then
he can do it, and whoever of you wants to
stick to his share til l we pay him from the very
firstbooty which Al l ah wil l give us then he
can do so. " The peopl e repl ied, "W e agree
to give up our shares wil l ingl y as a favour for
Al l ah's Messenger." Then Al l ah's
Messenger said, "W e don'tknow who
amongstyou has agreed and who has not. Go
back and your chiefs may tel l us your
opinion. " So, al l of them returned and
their chiefs discussed the matter with them
and then they (i. e. , their chiefs) came to
Al l ah's Messenger to tel l him thatthey
(i. e. , the peopl e) had given up their shares
gl adl y and wil l ingl y.
(8) CHAPTER. If someone deputes a person
to give something but does not mention how
much to give, it is permissible for the deputy
to distribute it amongst the people according
to the conventional custom.
2309. Narrated Jabir bin 'Abdul l h
- ,
Li: I was accompanying the Propheton
a journey and was riding a sl ow camel that -
was l agging behind the others. The Prophet

passed by me and asked, "W ho is this?" I
repl ied, "Jbir bin 'Abdul l h. " He asked, '
LY
"W hatis the matter, (why are you l ate)?" I 4 I.
j.-,
repl ied, "I am riding a sl ow camel . " He -
asked, "Do you have a stick?" I repl ied in the

affirmative. He said, "Give itto me. " W hen
JW
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I gave itto him, he beatthe camel and ,
rebuked it. Then thatcamel surpassed the

others thenceforth. The Prophetsaid, :Lii (S'LA
:3u
"Sel l itto me." I repl ied "Itis (a gift) for
,, -
i
you, 0 Al l ah's Messenger. He said, Sel l t - .
40- THE BOOK OF REPRESENTATION - .
Nq
to me. I have boughtitfor four Di nr (gol d
pieces) and you can keep on riding ittil l Al -
Madirta. " W hen we approached Al -Madina,
I started going (towards my house). The
Prophetsaid, "W here are you going?" I
said, '1 have married a widow. " He said,
"W hy have you notmarried a virgin so that
you may pl ay with her and she may pl ay with
you?" I said, "My father died and l eft
daughters, so I decided to many a widow
(an experienced woman) (to l ook after
them). " He said, "W el l done. " W hen we
reached Al -Madina, Al l ah's Messenger
said, '0 Bil l , pay him (the price of the
camel ) and give him extra money." Bil al gave
me four DInAr and one Qi rat extra. (A
subnarrator said): Jbir added. "The extra
Qi rat of Al l ah's Messenger never parted
from me." The Qi rat was al ways in Jabir bin
'Abdul l ah's purse
(9) CHAPTER. A woman can depute the
ruler in the matter of marriage.
2310. Narrated Sahl bin Sa'd i : A
woman came to Al l ah's Messenger and
said, "0 Al l ah's Messenger! I wantto give up
mysel f to you. " A man said, "Many her to
me. " The Prophet4k. , said, "W e agree to
many her to you with whatyou know of the
Qur'an by heart."
(1) (H. 2309) The Prophetdid notmention how much extra money Bil l was to give, so
Bil l gave according to convention.
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(10) CHAPTER. If a person deputes
somebody, and the deputy leaves something,
and the owner agrees that, then it is allowed,
and if the deputy lends something of what is in
his custody, for a specific time, it is
permissible (if the owner agrees).
Al l ah's Messenger deputed me to keep
Sadaqat (A 1-F4r) of Ramadan. A comer'
came and started taking handful s of the
foodstuff (of the Sadaqa)(steal thil y). I took
hol d of him and said, "By Al l ah, I wil l take
you to Al l ah's Messenger k,. " He said, "I am
needy and have many dependents, and I am
in greatneed. " I rel eased him, and in the
morning Al l ah's Messenger asked me,
"W hatdid your prisoner do yesterday?
,(2)
I
said, "0 Al l ah's Messenger! The person
compl ained of being needy and of having
many dependents, so, I pitied him and l et
him go. " Al l ah's Messenger ;said,
"Indeed, he tol d you a l ie and he wil l be
coming again. " I bel ieved thathe woul d show
up again as Al l ah's Messenger had tol d me
thathe woul d return. So, I waited for him
watchful l y. W hen he (showed up and) started
steal ing handful s of foodstuff, I caughthol d
of him again and said, "I wil l definitel y take
you to Al l ah's Messenger a." He said,
"Leave me, for I am very needy and have
many dependents. I promise I wil l notcome
(1) (11. 2311) Corner: Satan
(2) (H. 231 1) Al l ah's Messenger jW was inspired Divinel y aboutthe whol e story and this was
the reason why he asked AbU Hurairah, though AbU Hurairah had tol d him nothing.
40- THE BOOK OF REPRESENTATION - 288
back again. " I pitied him and l ethim go. In
the morning Al l ah's Messenger asked me,
"W hatdid your prisoner do?" I repl ied, "0
Al l ah's Messenger! He compl ained of his
greatneed and of too many dependents, so I
took pity on him and sethim free. " Al l ah's
Messenger said, "Veril y, he tol d you a l ie
and he wil l return. " I waited for him
attentivel y for the third time, and when he
(came and) started steal ing handful s of the
foodstuff, I caughthol d of him and said, "I
wil l surel y take you to Al l ah's Messenger
as i he third time you promise notto
return, yetyou break your promise and
come." He said, "(Forgive me and) I wil l
teach you some words with which Al l ah wil l
benefityou. " I asked, "W hatare they?" He
repl ied, "W henever you go to bed, recite
A yat-al-Kursi - 'A lIhula i laha i l/a Huwal-
Ijai y-uI
Qai yum'W
til l you finish the whol e
Verse. (if you do so), Al l ah wil l appointa
guard for you who wil l stay with you and no
satan wil l come near you til l morning". So, I
rel eased him. In the morning, Al l ah's
Messenger asked, "W hatdid your
prisoner do yesterday?" I repl ied, "He
cl aimed thathe woul d teach me some
words by which Al l ah wil l benefitme, so I
l ethim go. " Al l ah's Messenger asked,
"W hatare they?" I repl ied, "He said to me,
'W henever you go to bed, recite A yat-al-Kursr
from the beginning to the end - A llhula
i lha i l/a Huwal-Hai y-u1-Qai yyum - .' He
further said to me, '(If you do so), Al l ah
wil l appointa guard for you who wil l stay with
you, and no satan wil l come near you til l
morning. ' [(Abu Hurairah or another
subnarrator) added thatthey (the
Companions) were very eager to do good
deeds]. The Prophet, said, "He real l y
spoke the truth, al though he is an absol ute
(1) (H. 2311) SuratA l-Baqarah, Verse No. 255.
289
l iar. Do you know whom you were tal king to,
these three nights, 0 Ab Hurairah?" AbU
Hurairah said, "No. " He said, "Itwas
Satan. "
(11) CHAPTER. If a deputy sells something
(in an illegal manner), the transaction is
invalid.
2312. Narrated AbU Said al -Khudri e
i Once Bil l broughtBarni (i. e. , a kind
of dates) to the Prophet, and the Prophet
sit asked him, "From where have you
broughtthese?" Bil l repl ied, "I had some
inferior type of dates and exchanged two 'a'
of itfor one S' of Barni (dates) in order to
give itto the Prophetto eat." Thereupon
the Prophetsaid, "Beware! Beware! This
is definitel y Ri b (usury)! This is definitel y
Ri ba' (usury). ! Don'tdo so, butif you want
to buy (a superior kind of dates), sel l the
inferior kind of dates for money and then buy
the superior kind of dates with thatmoney. "
(12) CHAPTER. The deputyship for
managing the WaqJ (religious endowment)
and the expenses of the trustee. The trustee
can provide his friends from it and he
himself can eat from it reasonably
(according to his work).
2313. Narrated 'Amr concerning the Waqf
of 'Umar Z ii It was notsinful of the
(1) (H. 2312) Ri b:See gl ossary
trustee (of the
WaaJ )
to eator provide his
friends from it, provided the trustee had no
intention of col l ecting fortune (for himsel f).
Ibn 'Umar was the manager of the trustof
'Uma:r and he used to give presents from itto
those with whom he used to stay atMakkah.
(13) CHAPTER. To depute a person to carry
out a (legal) Allah's ordained punishment.
23:14, 2315. Narrated Zaid bin Khal id and
Ab Hurairah Z e;: The Prophet
said, '0 Unais! Go to the wife of this (man)
and if she confesses (thatshe has committed
il l egal sexual intercourse), then stone her to
death. "
23116. Narrated 'Uqba bin AI-Uarith
L : W hen An-Nuaiman or his son was
broughtin a state of drunkenness, Al l ah's
Messenger ordered al l those who were
presentin the house to beathim. I was one of
those who beathim. W e beathim with shoes
and pal m-l eaf stal ks.
Lf1 L
: i i
l b . '/L J.
vrv :)iJ
[VYV Yvvr vvT 4wkt
L (sr)
1AtA iirt VO cyiRi
vst 1A1 'IAtr IAri IAri
[VV vyoq
1AV 4iirr 6yvyt Yiia :)
vr 1A IMY 1A't'O 1Arr
[vvA VA
LjJl
3J 13LJ L- :J
3 . 4
&
:3
40 THE BOOK OF REPRESENTATION ZT - 29j
(14) CHAPTER. To depute someone to
sacrifice Budiz (camels for sacrifice) and to
look after them.
2317. Narrated 'Aishah LL- 4ii a,: I
twisted the garl ands of the Hady (i. e. ,
animal s for sacrifice) of Al l ah's Messenger
with my own hands. Then Al l ah's
Messenger putthem around their necks
with his own hands, and sentthem with my
father (to Makkah). Nothing l egal was
regarded il l egal for Al l ah's Messenger iJ
til l the animal s were sl aughtered.(')
(15) CHAPTER. If a person tells his deputy,
"Spend it as Allah directs you," and the
deputy says, "I have heard what you have
said."
2318. Narrated Anas bin Mal ik L
Ab Tal ba was the richestman in Al -Madina
amongstthe A nsar, and
Beeruba'
(garden)
was the mostbel oved of his property, and it
was situated opposite the mosque (of the
Prophet). Al l ah's Messenger ;used to
enter itand drink from its sweetwater. W hen
the fol l owing Divine Verse was reveal ed: "By
no means shal l you attain A 1-Bi rr (piety,
righteousness, here itmeans Al l ah's Reward
i. e. , Paradise), til l you spend (in Al l ah's
Cause) of thatwhich you l ove. . . . . (V. 3 :92)
Aba Tal ba gotup in frontof Al l ah's
Messenger and said, "0 Al l ah's
(1) (H. 2317) Sending the Hadyto Makkah whil e one is somewhere el se, does notrequire
thatone shoul d be treated as a Muhri m.
40 THE BOOK OF REPRESENTATION - 292
Messenger! Al l ah jw says in his Book, 'By
no mean shal l you attain A 1-Bi rr (piety,
righteousnes, etc. , - here itmeans Al l ah's
Reward i. e. , Paradise) unl ess you spend (in
Al l ah's Cause) of thatwhich you l ove. . . ' and
veril y, the mostbel oved to me of my property
is Bairuba (garden), so I give itin charity and
hope for its reward from Al l ah. 0 Al l ah's
Messenger! Spend itwherever you l ike. "
Al l ah's Messenger ;appreciated thatand
said, "Thatis perishabl e weal th! Thatis
perishabl e weal th! I have heard whatyou
have said;I suggestyou to distribute it
among your rel atives. "' AbU Tal ba said, "I
wil l do so 0 Al l ah's Messenger. " So, Abut
Tal ba distributed itamong his rel atives and
cousins. The subnarrator (Mal ik) said, the
ProphetjW said: "Thatis a profitabl e
weal th," instead of "perishabl e weal th. "
(16) CHAPTER. To depute a trustworthy
treasurer for the treasury and similar
things.
2319. Narrated Abu Msa ji : The
Prophetsaid, "An honesttreasurer who
gives whathe is ordered to give ful l y,
perfectl y and wil l ingl y to the person to
whom he is ordered to give, is regarded as
one of the two charitabl e persons
(1) (H. 2318) Thatis perishabl e weal th and itis better for you to spend itin charity
whereby you wil l getwhatwil l be imperishabl e (i. e. , Al l ah's Reward).
(2) (14. 2319) The owner is the other charitabl e person.
41 - THE BOOK OF CULTIVATION AND AC!&ULTURE l l - F93
11
41- THE BOOK OF CULTIVATION
AND AGRICULTURE
(1) CHAPTER. The superiority of sowing
seeds and planting trees if some of the
product is eaten (by people or animals).
The Statementof Al l ah J: "Then tel l
Me aboutthe seed thatyou sow in the
ground, is ityou thatmake itto grow, or are
W e the grower? W ere itOur W il l , W e coul d
crumbl e itto dry pieces. . . " (V. 56: 63-65)
Al l ah's Messenger said, "There is none
amongstthe Musl ims who pl ants a tree or
sows seeds, and then a bird, or a person or an
animal eats from it, butis regarded as a
charitabl e (l iftfor him
(2) CIRPTI;R. W hat is to be afraid of the
results of indul ging in the agricultural
mechanical equipment, or to transgress the
prescribed limits.
2321 . vrated thatAbU Unthma al -
Rthil 1
v
ic agricul tural equipments and
sn], '1 hcdrd the Prophetsaying: "There
is no hot],,, in which these equipmententer
excepttha Al l ah wil l cause humil iation to
entci it
I
JJ,
4
j50
I) H 2 -321)Thi , fladi i h indicates thatthe profession of cul tivation is often a source of=
ju
.
[rry
.
LU :i
LLJ I :
)
41 - THE BOOK OF CULTIVATION AND AGRICULTURE 1l 3 al - 294
(3) CHAPTER. Keeping a watch-dog for the
farm.
keeps a dog, one Qi ra! (of the reward) of
his good deeds is deducted dail y, unl ess the
dog is used for guarding a farm or cattl e."
Ab Hurairah (in another quotation)
said: "The Prophetsaid, ". . . unl ess itis
(used) for (guarding) sheep or farms, or for
hunting. "
AbU Hurairah added: The Prophet
said, ". . . unl ess a dog is kept(for guarding)
cattl e or for hunting."
2323. Narrated As-Sa'ib bin Yazid: Abu
Sufyan bin Ab Zuhair, a man from Azd
Shanu'a and one of the Companions of the
Prophetsaid, "I heard Al l ah's Messenger
;saying, 'If one keeps a dog which is meant
for guarding neither a farm nor cattl e wil l get
a dail y deduction of one Qi rat of the reward
of his good deeds."
=oppression and humil iation, especial l y under the feudal system. By indul ging in this
work, one may negl ectJ i hadin Al l ah's Cause and other importantAl l ah's Obl igations.
Itis al so said thatthis Hadi th i s concerned with those l iving near the enemies: If they
gotbusy in agricul ture and l eftJ i had, the enemies mightovercome and humil iate them.
Of course, the Hadi t/
shoul d notbe taken l iteral l y. Fanning is notundesirabl e in itsel f
butwe shoul d beware the resul ts of indul ging too much in it. (Fat A l-Bari )
41 - THE BOOK OF CULTIVATION AND AGRICULTURE al - 295
I asked, "Did you hear this from Al l ah's
Messenger k?" He said, "Yes, by the Lord
of this mosque."
(4) CHAPTER. Employing oxen for
ploughing.
2324. Narrated Ab Hurairah Z
The Prophetijsaid, "W hil e a man was
i iding a cow, itturned towards him and said,
'I have notbeen created for this purpose
(i. e. , carrying), I have been created for
pl oughing. "' The Prophetadded, "I,AbU
Bakr and 'Umar bel ieve in this story. " The
Prophetfurther said, "A wol f caughta
sheep, and when the shepherd chased it, the
wol f said, 'W 10 wil l be its guard on the day of
wil d beasts, when there wil l be no shepherd
for itexceptI'? " After narrating it, the
Prophetsaid, "I, AbU Bakr and 'Umar too
bel ieve it. "(') Aba Sal ama (a snbnarrator)
said, "AbU Bakr and 'Umar were no ,resent
then. "
(2)
(1) (H. 2324) The Prophettal ked on behal f of AbU Bakr and 'Umar, because he was
sure thatthey woul d bel ieve the story when they heard it.
(2) (H. 2324) Ithas been written thata wol f al so spoke to a shepherd during the Prophet's
l ifetime near Al -Madina as narrated in MusnadImam A hmad in the Musnad of AM
Sa'id Al -Khudri (Vol . 3): Narrated AbU Sa'id Al -Khudri Z i a;: (W hil e a
shepherd was in his herd of sheep), suddenl y a wol f attacked a sheep and took itaway,
the shepherd chased the wol f and took back the sheep, the wol f saton its tail and
addressed the shepherd saying: "Be afrid of Al l ah, you have taken the provision from
me which Al l ah gave me". The shepherd said: 'W hatan amazing thing! A wol f sitting
on its tail speaks to me in the l anguage of a human being. " The wol f said: "Shal l I tel l
you something more amazing than this? There is Muhammad, the Messenger of Al l ah
() in Yathrib (Al -Madina) informing the peopl e aboutthe news of the past." Then
the shepherd (after hearing that) proceeded (towards Al -Madina) driving his sheep til l
he entered Al -Madina, cornered his sheep in a pl ace, and came to Al l ah's Messenger
(Muhammad ) informed the whol e story. Al l ah's Messenger ordered for the
procl amation of a congregational prayer then he 0, came outand asked=
41- THE BOOK OF CULTIVATION AND AGRICULTURE jl l j- 2
(5) CHAPTER. (It is permissible for one) to
say to another, "Look after my date-palm
trees or other trees and share the fruits with
me."
The A nsar said to the Prophet,
"Distribute the date-pal m trees between us
and our emigrantbrothers. " He repl ied,
"No." The A nsr said (to the emigrants),
"Look after the trees (water and watch them)
and share the fruits with us. " The emigrants
said, "W e l isten and obey. "
(6) CHAFFER. The cutting of trees and
date-palm trees.
Anas said, "The Prophet, ordered that
the date-pal m trees be cutdown and they
were cutdown
(1)
2326. Narrated 'Abdul l h Z a,: The
Prophetjo, gotthe date-pal m trees of the
tribe of Ban! An-Nadir burntand the trees
cutdown ata pl ace cal l ed Al -Buwaira.
Hassan bin
Thabit
said in a poetic verse:
: . it
-
: dJ 3Lal
:jl .
I1L :l U
[VArV

:J
=the shepherd to inform the peopl e (abouthis story) and he informed them. Then
Al l ah's Messenger said: "He (the shepherd) has spoken the truth. By Him (Al l ah) in
W hose Hands my soul is, the Day of Resurrection wil l notbe establ ished til l beasts of
prey
(tL. . )
speak to the human beings, and the stick l ash and the shoe-l aces of a person
speak to him and his thigh informs him abouthis famil y as to whathappened to them
after him [(MusnadImam A hmad, Vol. 3, in the Musnadof AbU Said Al -Khudri]. (See
H. 3663).
(1) (Ch. 6)The date-pal m trees referred here to are those of the mosque of the Prophet
which were cutdown during its construction.
41 THE BOOK OF CULTIVATION AND AGRICULTURE I,ij

"The chiefs of Bani Lu'aI found iteasy to
J,-a. L4,
,
watch fire spreading atAl -Buwaira
,,(1)

L,L
JL
[IAAt t1't l .Y \
:,11
(7) CHAPTER:
:tLa
(V)
2327. Narrated Raft' bin Khadij: W e
-
worked on farms more than anybody el se in
Al -Madina. W e used to rentthe l and atthe

- - . .
yiel d of specific del imited portion of itto be
given to the l andl ord. Sometimes the
vegetation of thatportion was affected by
- -
'-'
L4fl
bl ights etc. , whil e the restremained safe and
iLJI
J.
I
JU
vice versa, so the Prophetitforbade this ... .
-UL
practice. Atthattime gol d or sil ver were not
used (for renting the l and).
J U
LJ
IL
44
.
I LU
(8) CHAPTER. Temporary share-cropping
oj )JL 4L (A)
contract on the basis of dividing the yield - -
into halves, one for each partner or on other
basis.
Narrated AbU Ja'far: Al l the emigrants in

I U
Al -Madina used to cul tivate the l and (for the
A nsar)on the condition of having one-third

''
J
U : 3U
or one-fourth of the yiel d. 'Al l , Sa'd bin

.
LJ J
Mal ik, 'Abdul l h bin Mas'Ud, 'Umar bin

-
l I. L
4, 'Abdul 'Aziz, Al -Qsim, 'Urwa and the
ftft ). ft
famil ies of AbU Bakr, of 'Umar and of 'Al l , ;Ji ..0
and Ibn Sit-in cul tivated the l and of 'Abdur-

ft
ft
ft
- ft ft
Rahmn bin Yazid on the basis of taking a -

Ji ji
ft
1
portion of the yiel d. " 'Umar made a deal j , .

J, Ji
with the peopl e thatif he provided the seeds,

(1) (H. 2326) The trees were burntand the pal m trees were cutdown to make an open
space for fighting.
[Ao
41 THE BOOK OF CULTIVATION AND AGRICULTURE I3 a$ l - 298
he woul d gethal f of the yiel d, and if they
provided the seeds, they woul d getso-and-so
much. A]-Masan said, "There is no harm if
the l and bel ongs to one, butboth spend on it
and the yiel d is divided between them. " Az-
Zuhri had the same opinion. Al -Ijasan said,
"There is no harm if cotton is picked on the
condition of having hal f the yiel d." Ibrahim,
Ibn Sirin, 'At, Al -Hakam, Az-Zuhri and
Qatda said, "There is no harm in giving the
yarn to the weaver to weave into cl oth on the
basis thatone-third of the cl oth is given to the
weaver for his l abour. " Ma'mar said, "There
is no harm in hiring animal s for a definite
(fixed) period on the basis thatone-third or
one-fourth of the products carried by the
animal s is given to the owner of the animal s. "
2328. Narrated 'Abdul l ah bin 'Umar ;
L4: : The Prophetconcl uded a contract
with the peopl e of Khaibar to util ize the l and
on the condition thathal f the products of
fruits or vegetation woul d be their share. The
Prophet4&used to give his wives one
hundred Wasq each, eighty Wasq of dates
and twenty Wasq of barl ey. (W hen 'Umar
became the cal iph) he gave the wives of the
ProphetjW , the option of either having the
l and and water as their shares, or carrying on
the previous practice. Some of them chose
the l and and some chose the Wasq, and
'Aishah chose the l and.
41 - THE BOOK OF CULTIVATION AND AGRICULTURE k,jl fl -
II
L 11,
()
(9) CHAPTER. W hen no period is specified
in the contract of share-cropping.
2329. Narrated Ibn 'Umar t4
The Prophetmade a deal with the
peopl e of Khaibar thatthey woul d have hal f
the fruits and vegetation of the l and they
cul tivated.
(10) CHAPTER:
2330. Narrated 'Amr: I said to TawUs, "I
wish you woul d give up MuIc/abara (share-
cropping), for the peopl e say thatthe
Prophetforbade it." On thatTawUs
repl ied, "0 'Amr! I give the l and to share-
croppers and hel p them. No doubt;the most
l earned man, namel y Ibn 'Abbs L4 I
tol d me thatthe Prophethad not
forbidden it(i. e. , A 1-Mukhabara) butsaid,
'Itis more beneficial for one to give his l and
free to one's brother than to charge him a
fixed rental . ' "'
(11) CHAPTER. Share-cropping with the
Jews.
2331. Narrated Ibn 'Umar \.4i i
-
Al l ah's Messenger gave the l and of
Khibar to the Jews on the condition that
they work on itand cul tivate it, and be given
hal f of its yiel d.
3 ,L
(1) (H. 2330) Sharecropping is notforbidden, butitis recommended thatone shoul d l et
his Musl im brethren util ize one's own l and withoutcharging them anything.
41 THE BOOK OF CULTIVATION AND AGRICULTURE
- L
R
(12) CHAPTER. W hat conditions are
disliked in share-cropping.
2332. Narrated Rfi' W e
worked on farms more than anybody el se in
Al -Madina. W e used to rentthe l and and say
to the owner, "The yiel d of this portion is for
us and the yiel d of thatportion is for you (as
the rent) . " One of those portions mightyiel d
something and the other mightnot. So, the
Prophetforbade us to do so.
(13) CHAPTER. If a person invests the
money of someone else in cultivation without
taking his permission and the enterprise
effects profit, (to whom will the profit
belong?).
t4i s: The Prophetsaid, "W hil e three
men were wal king, itstarted raining and they
took shel ter (refuge) in a cave in a mountain.
A big rock rol l ed down from the mountain
and cl osed the mouth of the cave. They said
to each other, 'Think of good deeds which
you did for Al l ah's sake onl y, and invoke
Al l ah by giving reference to those deeds so
thatHe may remove this rock from you. ' One
of them said, '0 Al l ah! I had ol d parents and
smal l chil dren and I used to graze the sheep
for them. On my return to them in the
evening, I used to mil k (the sheep) and start
providing my parents firstof al l before my
chil dren. One day I was del ayed and came
l ate atnightand found my parents sl eeping. I
41 - THE BOOK OF CULTIVATION AND AGRICULTURE - 301
mil ked (the sheep) as usual and stood by
their heads. I hated to wake them up and
disl iked to give mil k to my chil dren before
them, al though my chil dren were weeping
(because of hunger) atmy feettil l the day
dawned. 0 Al l ah! If I did this for Your sake
onl y, kindl y remove the rock so thatwe coul d
see the sky through it. ' So, Al l ah removed
the rock a l ittl e and they saw the sky. The
second man said, '0 Al l ah! I was in l ove with
a cousin of mine l ike the deepestl ove a man
may have for a woman. I wanted to outrage
her chastity butshe refused unl ess I gave her
one-hundred Dinar. So, I struggl ed to col l ect
thatamount. And when I satbetween her
l egs, she said: 0 Al l ah's sl ave! Be afraid of
Al l ah and do notdefl ower me except
rightful l y (by l egal marriage). So, I gotup.
O Al l ah! If I did itfor Your sake onl y, pl ease
remove the rock. ' The rock shifted a l ittl e
more. Then the third man said, '0 Al l ah! I
empl oyed a l abourer for a Faraqof rice and
when he finished his job and demanded his
right, I presented itto him, buthe refused to
take it. So, I sowed the rice many time til l I
gathered cows and their shepherd (from the
yiel d). (Then after some time) he came and
said to me: Fear Al l ah (and give me my
right). I said: Go and take those cows and
the shepherd. He said: Be afraid of Al l ah!
Don'tmock atme. I said: I am notmocking
atyou. Take (al l that). So, he took al l that.
O Al l ah! If I did thatfor Your sake onl y,
pl ease remove the restof the rock. ' So, Al l ah
removed the rock."
[Al so see Hadi th No.2272]
41 -THE BOOK OF CULTIVATION AND AGRICULTURE )4JJ .ifl - 302
(14) CHAPTER. The Auqaf (i.e.,
endowments) of the companions of the
Prophet it and the land of I7ar4j (ZaMI),
the contracts of share-cropping and other
agreements of the companions.
The Prophetsaid to 'Umar, "Give
those trees as a whol e in charity (as Waaf)so
thatthose mightnotbe sol d buttheir fruits
can be spentand given in charity. " So, 'Umar
gave those trees in charity.
2334. Narrated Zaid bin Asl am on the
authority of his father: 'Umar L ;said,
"Butfor the future Musl im generations, I
woul d have distributed the l and of the
vil l ages I conquer among the sol diers as the
Prophetdistributed the l and of
Khaibar
,(1)
(15) CHAPTER. W hoever cultivates
neglected uncultivated land belonging to
nobody (will own it).
'Al i had the same opinion
concerning such l and in KUfa. 'Umar said,
"W hoever cul tivates uncul tivated l and
(bel onging to nobody) wil l possess it. "
'Umar and Ibn 'AUf narrated the same from
(1) (H. 2334) 'Umar L meantto keep the l and as Waqf for the Musl ims to benefit
by through the Kharaj (akt of cul tivated l and).
41 - THE BOOK OF CULTIVATION AND AGRICULTURE - 1 3O3j
the Prophet;adding, ". . . provided thatthe
l and does notbel ong to any Musl im;
otherwise one has no rightto pl antanything
in itoppressivel y. "
2335. Narrated 'Aishah LS i 4: The
Prophetsaid, "He who cul tivates l and that
does notbel ong to anybody is more rightful
(to own it) . " 'Urwa said, " 'Umar gave the
same verdictin his cal iphate."
(16) CHAPTER:
W hil e the Propheti was passing the
nightathis pl ace of restin Dhul -Ijul aifa in
the bottom of the val l ey (of Al -'Aqiq), he saw
a dream and itwas said to him, "You are in a
bl essed val l ey. " MUsa said, "Sal im l etour
camel s kneel atthe pl ace where 'Abdul l h
used to make his camel kneel , seeking the
pl ace where Al l ah's Messenger used to
take a rest, which is situated bel ow the
mosque which is in the bottom of the val l ey;
itis midway between the mosque and the
road."
2337. Narrated 'Umar ii e;: W hil e
the Prophetwas in Al -'Aqiq he said,
"Someone [meaning Jibril (Gabriel )] came to
me from my Lord tonight(in my dream) and
said, 'Offer the Salat (prayer) in this bl essed
val l ey and say (I intend to perform) 'Umra
41 - THE BOOK OF CULTIVATION AND AGRICULTURE l - 304
al ong with Hajj (together). '"
J. ,
(17) CHAPTER. If the owner of the land
(says to the tenant), "I let you utilize the land
as long as Allah permits you," and does not
mention a specific time for the expiration of
the lease, then the lease can be continued
according to the approval of both the parties.
2338. Narrated Ibn 'Umar L41 at
'Umar i ,. . a expel l ed the Jews and the
Christians from Hijdz. W hen Al l ah's
Messenger 0, had conquered Khaibar, he
wanted to expel the Jews from itas its l and
became the property of Al l ah, His
Messenger, and the Musl ims.
Al l ah's Messenger 0, intended to expel
the Jews butthey requested him to l etthem
stay there on the condition thatthey woul d
do the l abour and gethal f of the fruits.
Al l ah's Messenger tol d them, "W e wil l
l etyou stay on this condition, as l ong as we
"ish . " So, they (i. e. , Jews) kepton l iving
there until 'Umar forced them to go towards
Tairna' and Aria'.
41 THE BOOK OF CULTIVATION AND AGRICULTURE - 305
(\A) (18) CHAPTER. The Companions of the
Prophet 0, used to share the yields and fruits
of their farms with each other gratis.
2339. Narrated Rgfi'bin Khadij
My uncl e Zuhair said, "Al l ah's Messenger
forbade us to do a thing which was a source of
hel p to us. " I said, "W hatever Al l ah's
Messenger

said was right. " He said,
iJ
sentfor me and
asked, 'W hatare you doing with your
farms?' I repl ied, W e give our farms on
renton the basis thatwe getthe yiel d
produced atthe banks of the water streams
(rivers) for the rent, or rentitfor some Wasq
of barl ey and dates. '' Al l ah's Messenger ;
said, 'Do notdo so, butcul tivate (the l and)
yoursel ves or l etitbe cul tivated by others
gratis, or keep ituncul tivated. ' I said, 'W e
hear and obey. "
[See Hadi th No. 2346, 2447].
2340. Narrated Jbir : The
peopl e used to renttheir l and for cul tivation
for one-third, one-fourth or hal f its yiel d.
The Prophetsaid, "W hoever has l and
shoul d cul tivate ithimsel f or give itto his
(Musl im) brother gratis for cul tivation;
otherwise keep ituncul tivated."
2341. Narrated Aba Hurairah Z
(1) (H. 2339) The majority of the rel igious schol ars agree thatto rentthe l and for its yiel ds
was notal l owed by the Prophet
t;,
butto rentitfor money was al l owed. See Fath A l-
Ban.
[r'r.
- :
;50 31
3Li
[to
Yrit
J3I)) :-
';-
Lc
:j Li
. -
I
[A1 :-,]
41- THE BOOK OF CULTIVATION AND AGRICULTURE - 306
Al l ah's Messenger said, "W hoever has
l and shoul d cul tivate ithimsel f or give itto
his (Musl im) brother gratis for cul tivation;
otherwise he shoul d keep ituncul tivated. "
[See Hadi th No. 2346, 23471.
2342. Narrated 'Amr: W hen I mentioned
it(i. e. , the narration of Rfi' bin Khadij.
No. :2339) to TawUs, he said, "Itis
permissibl e to rentthe l and for cul tivation,
for Ibn 'Abbas ;said, 'The Prophet
;did notforbid that, butsaid: One had
better give the l and to one's brother gratis
rather than charge a certain amountfor it. '"
L41. used to renthis farms in the time of Ab
Bakr, 'Umar, 'Uthman, and in the earl y days
of Mu'awiya.
2344. Then he was tol d the narration of
Rafi bin Khadijthatthe Prophethad
forbidden the renting of farms. Ibn 'Umar
wentto Rfi' and I accompanied him. He
asked Rafi' who repl ied thatthe Prophetzk
had forbidden the renting of farms. Ibn
'Umar said, "You know thatwe used to
rentour farms in the l ifetime of Al l ah's
Messenger 40, for the yiel d of the banks of the
water streams (rivers) and for certain amount
of figs.
[A ndi nsome copi es of 5 ahi h A 1-BuIc!i arli t
is written "A t-Ti bn" i. e. , chopped straw
instead of figs. ]
41 - THE BOOK OF CULTIVATION AND AGRICULTURE ail - 307
2345. Narrated Sal im: 'Abdul l h bin
'Umar L4i i . . e;said, "I knew thatthe
l and was rented for cul tivation in the l ife-
time of Al l ah's Messenger
k;. "
Later on Ibn
'Umar was afraid thatthe Prophetji had
forbidden it, and he had no knowl edge of it,
so he gave up renting his l and.
(19) CHAPTER. To rent the land for gold
and silver.
Ibn 'Abbas said, "The bestthing to do is
to take the uncul tivated l and on yearl y rental
basis."
2346, 2347. Narrated Hanzl a bin Qais:
Rafi' bin Khadijsaid, "My two uncl es tol d me
thatthey (i. e. , the companions of the
Prophet) used to rentthe l and in the
l ifetime of the Prophet
j
for the yiel d on the
banks of water streams (rivers), or for a
portion of the yiel d stipul ated by the owner of
the l and. The Prophetjforbade it. " I said
to Rafi', "W hataboutrenting the l and for
Dinar and Dirham?" He repl ied, "There is
no harm in renting for Dinar-Dirham. Al -
Laith said, "If those who have discernment
for distinguishing whatis l egal from whatis
il l egal l ooked into whathas been forbidden
concerning this matter, they woul d not
permitit;for itis surrounded with
dangers .
"(1)
(1) (H. 2346) Al -Laith agrees in the Hadllh with the common opinion of the schol ars who
think thatrenting the l and is forbidden if itl eads to arrogance and mischief;the
principl e of renting is notil l egal . The schol ars differ as to whatways of renting are
permissibl e. And the majority of the rel igious schol ars agree thatto rentthe l and for=
41 - THE BOOK OF CULTIVATION AND AGRICULTURE il - 1 [)8
(20) CHAPTER:
Once the Prophetwas narrating (a story),
whil e a bedouin was sitting with him.
(saying), "One of the inhabitants of
Paradise wil l ask Al l ah to al l ow him to
cul tivate the l and. Al l ah wil l ask him, 'Are
you notl iving in the pl easures you l ike?' He
wil l say, 'Yes, butI l ike to cul tivate the
l and. " The Prophet#&added, "W hen the
man (wil l be permitted he) wil l sow the seeds
and the pl ants wil l grow up and getripe,
ready for reaping and so on til l itwil l be as
huge as mountains within a wink. Al l ah wil l
then say to him, '0 son of Adam! Here you
are. Take itand gather (the yiel d);nothing
satisfies you'." On that, the bedouin said,
"The man mustbe either from Quraish (i. e. ,
an emigrant) or an A nsari , for they are
farmers, whereas we are notfarmers." The
Prophet, smil ed (atthis).
(21) CHAPTER. W hat is said about planting
trees.
:its yiel ds was notal l owed by the Prophetbutto rentitfor money was al l owed.
(Fath A l-Bad)
41 - THE BOOK OF CULTIVATION AND AGRICULTURE l il 3 kall - 309
2349. Narrated Sahi bin Sa'd Z iii
W e used to be very happy on Friday as an ol d
l ady used to cutsome roots of the Si lq, which
we used to pl anton the banks of our smal l
water streams, and cook them in a potof
her's, adding to them, some grains of barl ey.
[Ya'qUb, the sub-narrator said, "I think the
narrator mentioned thatthe food did not
contain fator mel ted fat(taken from
meat). "] W hen we offered the Friday
prayer we woul d go to her and she woul d
serve us with the dish. So, we used to be
happy on Fridays because of that. W e used
notto take our meal s or the midday nap
exceptafter the J umu'ah prayer.
2350. Narrated AbU Hurairah J .
The peopl e say thatAbU Hurairah narrates
too many narrations. In factAl l ah knows
whether I say the truth or not. They al so say:
"W hy do the emigrants and the A nsar not
narrate as he does?" In fact, my emigrant
brethren were busy trading in the markets,
and my A nsr brethren were busy with their
properties. I was a poor man keeping the
company of Al l ah's Messenger and was
satisfied with whatfil l ed my stomach. So, I
used to be presentwhil e they (i. e. , the
emigrants and the A nsr)were absent, and I
used to remember whil e they forgot(the
Had[/). One day the Prophetsaid,
"W hoever spreads his sheettil l I finish this
statementof mine and then gathers itover his
chest, wil l never forgetanything of my
statement." So, I spread my covering sheet
which was the onl y garmentI had, til l the
Prophet;finished his statementand then I
gathered itover my chest. By Him W ho had
senthim (i. e. , Al l ah's Messenger ) with
the truth, since then I did notforgeteven a
41 - THE BOOK OF CULTIVATION AND AGRICULTURE J$ J aH - 310
singl e word of thatstatementof his, til l this
day of mine. By Al l ah, butfor two Verses in
Al l ah's Book, I woul d never have rel ated any
narration (from the Prophet). " (These
two Verses are): "Veril y, those who conceal
the cl ear proofs, evidences and the guidance,
which we have sentdown. . . (up to). . . the
MostMerciful . " (V. 2:159, 160)
LL
TJ4
[\)A
42 - THE BOOK OF W ATERING 6
.
ja - 311
42- THE BOOK OF W ATERING
- LT
CHAPTER. The Statement of Allah iL:
". . . And W e have made from water every
living thing. W il l they not then believe."
(V.21:30)
And His Statement: "Then tell me about the
water that you drink. Is it you who cause it
from the rainclouds to come down, or are W e
the Causer of it to come down? If W e willed,
W e verily could make it salt (and
undrinkable), why then do you not give
thanks (to Allah)?" (V.56:68-70).
(1) CHAPTER. W hoever thinks that giving
water in charity, or as a gift or by way of a
testament is permissible, whether it is
divided or not."
Narrated 'Uthmn LL i a: The
Prophetsaid, "W ho wil l buy the wel l of
Rumah (a wel l -known wel l in Al -Madina)
(and endow itfor the good of Musl ims) so
thathe may use itas the other Musl ims do
withoutany privil ege?" 'Uthman L
boughtit.
2351. Narrated Sahl bin Sa'd Z i e) : A
tumbl er (ful l of mil k or water) was broughtto
the Prophetwho drank from it, whil e on
his rightside there was sitting a boy who was
the youngestof those who were present, and
on his l eftside there were ol d men. The
Prophetmjtasked, "0 boy, wil l you al l ow me
to give it(i. e. , the restof the drink) to the ol d
men?" The boy said, "0 Al l ah's Messenger!
I wil l notgive preference to anyone over me
to drink the restof itfrom which you have
(1) (Ch. 1)A l-B ulla,f wants to refute the opinions of those who think thatwater cannotbe
possessed. (Fath A l-Brt).
drunk. " So, the Prophetgave itto him.
2352. Narrated Az-Zuhri : Anas bin Mal ik
i t;said thatonce a domestic sheep was
mil ked for Al l ah's Messenger ;whil e he was
in the house of Anas bin Mal ik. The mil k was
mixed with water drawn from the wel l in
Anas' house. A tumbl er of itwas presented
to Al l ah's Messenger who drank from it.
Then Abu Bakr was sitting on his l eftside and
a bedouin on his rightside. W hen the
Prophetremoved the tumbl er from his
mouth, 'Umar was afraid thatthe Prophet
mightgive itto the bedouin, so he said, "0
Al l ah's Messenger! Give itto AbU Bakr who
is sitting by your side. " Butthe Prophet
gave itto the bedouin, who was to his right
and said, "You shoul d startwith the one on
your rightside."
[or S
(2) CHAPTER. W hoever said, "The owner of :3t iL.,
(0
the water has the right to drink till he is
tLiL
satisfied, as the Prophet said, -
'Superfluous water should not be withheld

from others.'"
2353. Narrated AbUHurairah:;:
Lr,

Al l ah's Messenger said, "Do notwithhol d
Le I

the superfl uous water, for thatwil l prevent
peopl e from grazing their cattl e. "1
LY
4l j,L :i
(1) (H. 2353)This Hadi th means thatif one has a wel l near which there is a pasture and
there is no other source of water in the area, one shoul d notwithhol d the water from
the sheep grazing there, for thatwoul d make itimpossibl e for the sheep to graze there
as they woul d be in greatneed of water after grazing. So, to withhol d the water means
to preventsheep from grazing as wel l . (Fat/i A l-Ban).
42THE BOOK OF W ATERING iI. J$ - LT 313
thatAl l ah's Messenger j4 said, "Do not
withhol d the superfl uous water in order to
withhol d the superfl uous grass. "
(3) CHAPTER. If one digs a well in his own
land and somebody falls in it and dies, the
owner is not responsible.
Al l ah's Messenger said, "No bl ood-money
wil l be charged if somebody dies in amine, or
in a wel l , or is kil l ed by an animal ;and if
somebody finds a treasure in his l and he has
to give one-fifth of itto the government.
,(I)
(4) CHAPTER. Disputes and controversies
about wells and the settlement of such
disputes and controversies.
2356, 2357. Narrated 'Abdul l h (bin
Mas'Ud) Z a'- i The Prophet, said,
"W hoever takes a fal se oath to deprive
somebody of his property wil l meetAl l ah
whil e He wil l be angry with him
Al l ah reveal ed: "Veril y, those who
(1) (H. 23 55) The owner of the wel l is notresponsibl e if somebody fal l s and dies in it, if the
wel l is in his l and or in uncul tivated l and bel onging to nobody. (This is true concerning
mines al so. ) Butif the wel l is dug on the way of the Musl ims or in the l and of somebody
el se withouthis permission and somebody fal l s and dies in it, then the person who has
dug the wel l has to pay bl ood-money.
If an animal has untied itsel f and kil l s somebody or spoil s his property, the owner of the
animal is notresponsibl e unl ess he is presentatthe time of the accident. (41-Qastalant)
tiv ivr 11i
tV :ia(
111. ivv iv .rcv
[Y At 11VV
LJl
yroA
:L
:J
La
-
55
,
JLi, J :J
ct1
:j1
:J
L0
thLil - 314
purchase a smal l gain atthe costof Al l ah's
Covenant, and their oaths. . . . . (V. 3:77)
A]-Ash'ath came (to the pl ace where
'Abdul l ah was narrating) and said, "W hat
has AbU 'Abdur-Rahmn (i. e. , 'Abdul l ah)
been tel l ing you? This Verse was reveal ed
concerning me. I had a wel l in the l and of a
cousin of mine. The Prophetasked me to
bring witnesses (to confirm my cl aim). I said,
'I do nothave witnesses. ' He said, 'Letthe
defendanttake an oath then. ' I said, '0
Al l ah's Messenger! He wil l take a (fal se) oath
immediatel y. ' Then the Prophet
mentioned the above narration and Al l ah
reveal ed the Verse to confirm whathe had
said. " (See IJ adTth No. 2515, 2516)
withholds water from wayfarer and
travellers.
2358. Narrated Abu Hurairah i:
Al l ah's Messenger , said, "There are three
types of peopl e whom Al l ah wil l neither l ook
atthem on the Day of Resurrection, nor wil l
he purify them (from sins) and they shal l have
a painful torment. They are:
1. A man possessed superfl uous water, on a
way and he withhel d itfrom travel l ers.
2. A man who gave aBai 'a (pl edge) to a rul er
and he gave itonl y for worl dy benefits. If
the rul er gives him something he gets
satisfied, and if the rul er withhol ds
42-THE BOOK OF W ATERING
- it 315
something from him, he gets dissatisfied.
3. And a man displ ayed his goods for sal e
after the A cr prayer (and took a fal se oath
by) saying, 'By Al l ah, exceptW hom none
has the rightto be worshipped, I have
been given so much for my goods,' and
somebody bel ieves him (and buys them) . "
The Prophetthen recited: "Veril y,
those who purchase a smal l gain atthe costof
Al l ah's Covenantand their oaths. . . "
(V. 3:77)
(6) CHAPTER. The dams of rivers.
2359, 2360. Narrated 'Abdul l h bin Az-
Zubair L4L An A nsri man
quarrel l ed with Az-Zubair in the presence
of the Prophet;aboutthe Harra canal s
which were used for irrigating the date-
pal ms. The A nsri man said to Az-Zubair,
"Letthe water pass", butAz-Zubair refused
to do so. So, the case was broughtbefore the
Prophetwho said to Az-Zubair, "0
Zubair! Irrigate (your l and) and then l etthe
water pass to your neighbour. " On thatthe
A nsri gotangry and said to the Prophet,
"Is itbecause he (i. e. , Zubair) is your aunt's
son?" On thatthe col our of the face of
Al l ah's Messenger changed (because of
anger) and he said, "0 Zubair! Irrigate (your
l and) and then withhol d the water til l it
reaches the wal l s between the pits round the
trees. " Zubair said, "By Al l ah, I think that
the fol l owing Verse was reveal ed on this
occasion:
'Butno, by your Lord, they can have no
Faith, until they make you (0 Muhammad
;) judge in al l disputes between them'. "
(V.4:65)
: L
:JU jj
3u )LN
' L :
L
:kLi
L5
LJjJ
S;j
LU :
42-THE BOOK OF W ATERING - U 316
JIi [10
:LJJ
44
i i
'cri :l 1
(7) CHAPTER. The land nearer to Jzt
source of water has the right to be irrigated
before the one that is farther.
2361. Narrated 'Urwa i e,: W hen a
martfrom the A nsar quarrel l ed with Az-
Zubair, the Prophet
J
-aid, "0 Zubair!
Irrigate (your l and) fi-stand then l etthe
water fl ow (to the l and of the others). " On
thatthe A nsri said (to the Prophet), "Is it
because he is your aunt's son?" On thatthe
Prophetsaid, "0 Zubair! Irrigate til l the
watr reaches the wal l s between the pits
around the trees and then stop (i. e. , l etthe
water go to the other's l and) . " I think the
fol l owing Verse was reveal ed concerning this
event:
) judge in al l disputes between them. '
(V.4:65)
(8) CHAPTER. The land nearer to the
source of water has the right to be covered
with water up to the ankles.
2362. Narrated 'Urwa bin Az-Zubair
L4. a: An A nsari man quarrel l ed with Az-
Zubair abouta canal in the Harra which was
used for irrigating date-pal ms. Al l ah's
Messenger . , ordering Az-Zubair to be
moderate, said, "0 Zubair! Irrigate (your
l and) firstand then l eave the water for your
neighbour. " The A nsari said, "Is itbecause
he is your aunt's son?" On thatthe col our of
the face of Al l ah's Messenger j95 changed
(because of anger) and he said, "0 Zubair!
42-THE BOOK OF W ATERING ILJI6.ja - 317
Irrigate (your l and) and withhol d the water
til l itreaches the wal l s thatare between the
pits around the trees. " So, Al l ah's
Messenger gave Az-Zubair his ful l right.
Az-Zubair said, "By Al l ah, the fol l owing
Verse was reveal ed in thatconnection:
) judge in al l disputes between them'."
(V.4:65)
(The subnarrator). Ibn Shihab said to
Juraij(another subnarrator), "The A nsar and
the other peopl e interpreted the saying of the
Prophet: 'Irrigate (your l and) and
withhol d the water til l itreaches the wal l s
between the pits around the trees,' as
meaning up to the ankl es. "
(9) CHAPTER. The superiority of providing
water (to those who need it).
Al l ah's Messenger ;said, "W hil e a man was
wal king he fel tthirsty and wentdown a wel l
and drank water from it. On coming outof it,
he saw a dog panting and eating mud because
of excessive thirst. The man said, 'This (dog)
is suffering from the same probl em as thatof
mine. So he (wentdown the wel l ), fil l ed his
shoe with water, caughthol d of itwith his
teeth and cl imbed up and watered the dog.
Al l ah thanked him for his (good) deed and
forgave him. " The peopl e asked, "0 Al l ah's
Messenger! Is there a reward for us in serving
(the) animal s?" He repl ied, "Yes, there is a
reward for serving any animate (l iving
being) . "
[ro
Lil L
(4)
42-THE BOOK OF W ATERING - 318
2364. Narrated Asm' bintAN Bakr
L4i .i: The Prophetoffered the ecl ipse
Salat (prayer), and then said, "Hel l was
displ ayed so cl ose thatI said, '0 my Lord!
Am I going to be one of its inhabitants?'
Suddenl y he saw a woman. I think he said,
". . . who was being scratched by a cat. " He
said, "W hatis wrong with her?" He was tol d,
"She had imprisoned it(i. e. , the cat) til l it
died of hunger. "
: Al l ah's Messenger said, "A
woman was tortured and was putin (Hel l )
Fire because of a catwhich she had kept
l ocked til l itdied of hunger. " Al l ah's
Messenger further said, "Al l ah knows
better. Al l ah said (to the woman), 'You
neither fed itnor watered itwhen you l ocked
itup, nor did you setitfree to eatthe vermin
of the earth. '"
(10) CHAPTER. W hoever thinks that the
. -'-L'
t.iL.i (\')
owner of a tank, or of a leather water-
4L j.-1
g
3 j
a,puJI
container has more right to use the water
-- ; - - -
than any other person.
ft -
ft ft
2366. Narrated Sahl bin Sa'd Z ii : L- -
Once a tumbl er (ful l of mil k or water) was - - - -
broughtto Al l ah's Messenger who drank
,
from it, whil e on his rightside there was JL :JU 4 1
'3
sitting a boy who was the youngestof those - -
L) :JU
:3 La
(t
1L LLL
42- THE BOOK OF W ATERING tiI tS - L
1 319
who were present, and on his l eftside there
were ol d men. The Prophetasked, "0
boy! Do you al l ow me to give (the drink) to
the el der peopl e (first)?" The boy said, "I
wil l notgive preference to anybody over me
to have my share from you, 0 Al l ah's
Messenger!" So, he gave itto the boy.
The Prophetj4 said, "By Him in W hose
Hands my soul is, some peopl e wil l be driven
awayfrom myTank [,Vaud (A l-Kauthar)] on
the Day of Resurrection as strange camel s
are driven away from a private tank
(trough)
The Prophetsaid, "May Al l ah be Merciful
to the mother of Isma'il (Ishmael )! If she had
l eftthe water of Zamzam (fountain) as it
was, (withoutconstructing a basin for
keeping the water), (or said, "If she had
nottaken handful s of its water"), itwoul d
have been a fl owing stream. Jurhum (an
Arab tribe) came and asked her, 'May we
settl e atyour dwel l ing?' She said, 'Yes, but
you have no rightto possess the water. ' They
agreed. "
2369. Narrated AbuHurairah. : -
The Prophetsaid, "There are three types
42 THE BOOK OF W ATERING 1LJI - U 320
of peopl e whom Al l ah wil l neither speak to
them, nor l ook atthem, on the Day of
Resurrection. (They are):
1. A. man who takes an oath fal sel y thathe
has been offered for his goods so much
more than whathe is given,
2. A man who takes a fal se oath after the Asr
(prayer) in order to grab a Musl im's
property, and
3. A man who withhol ds his superfl uous
water. Al l ah wil l say to him, 'Today I
wil l withhol d My Grace from you as you
6 '0d the superfl uity of whatyou had
notcreated. '"
(11) CHAPTER. No Him (private pasture)
except according to what Allah and His
Messenger did.
2370. Narrated As-Sa'b bin Jaththma:
Al l ah's Messenger said, "No Hi m 2
exceptfor Al l ah and His Messenger
(3)
W e have been tol d thatAl l ah's Messenger
made a pl ace cal l ed An-Naqi' as Hi ma, and
'Umar made Ash-Sharaf and Ar-Rabadha
Hi rna (for grazing the animal s of Zakt).
(1) (Ch. ii) This means thatthe Imam has the rightto assign certain pastures for certain
purposes (e. g. , for grazing the animal s of the Zakat). Nobody woul d then have the
rightto use the pastures for other purposes. (Fat/i A l-Ban)
(2) (H. 2370) The origin of this word is thatwhen an Arab chief came to a certain pl ace
suitabl e for pasturing, he woul d l ethis dog bark ata high pl ace. The area across which
the sound of the dog spread woul d be a private pasture for the chief's cattl e, and
nobody el se woul d have the rightto graze his cattl e in it. So Hi ma means a private
pasture, original l y bel onging to nobody, and nobody is al l owed to cul tivate it, butitis
keptfor grazing private animal s. (Fat.'i A l-Ban)
(3) (H. 2370) Al l ah's Messenger 4&and the Musl im l eaders onl y have the rightto keep
pastures of this sort;no individual has the rightto keep Hi ma for his personal good as
the Arabs used to do in the Pre-Isl amic Period of Ignorance. (Ibid. )
t.EJI - 321
(12) CHAPTER. Drinking water by people
and watering animals from the rivers.
Al l ah's Messenger said, "Keeping horses
may be a source of reward to some (men), a
shel ter to another (i. e. , means of earning
one's l iving), or a burden to a third'. He, to
whom the horse wil l be a source of reward is
the one who keeps itin Al l ah's Cause
(prepare itfor hol y battl es) and ties itby a
l ong rope in a pasture (or a garden). He wil l
geta reward equal to whatits l ong rope
al l ows itto eatin the pasture or the garden,
and if thathorse breaks its rope and crosses
one or two hil l s, then al l its foot-steps and its
dung wil l be counted as good deeds for its
owner;and if itpasses by a river and drinks
from it, then thatwil l al so be regarded as a
good deed for its owner even if he has had no
intention of watering itthen. Horses are a
shel ter from poverty to the second person
who keeps horses for earning his l iving so as
notto ask others, and atthe same time he
gives Al l ah's Right(i. e. , Zakt) (from the
weal th he earns through using them in
trading etc. ), and does notoverburden
them. He who keeps horses justoutof
pride and for showing off and as a means of
harming the Musl ims, his horses wil l be a
source of sins to him."
W hen Al l ah's Messenger was asked
(1) (H. 2371) Horses are keptas a means of conveyance or for commercial purposes. One
may use them in the way thatpl eases Al l ah and gets a reward for his obedience,
another may use them in disobeying Al l ah and is consequentl y punished, and stil l
another may use them justfor earning his l iving. (Qasta1ni )
42 THE BOOK OF W ATERING

aboutdonkeys, he repl ied, "Nothing
. i ,
particul ar was reveal ed to me regarding A A - -
JJ
Ji
them exceptthis general unique Verse - -
which is appl icabl e to everything:
fU 3j. La)) :
J
U.
'So whosoever does good equal to the

weightof an atom (or a smal l ant), shal l see - -
it. And whosoever does evil equal to the
weightof an atom (or a smal l ant), shal l see
it'. "

. t1Y'
[v oi
2372. Narrated Zaid bin Khl id Li- : ti. - yrvy
A man came to Al l ah's Messenger and -

asked aboutA l-Luqa;a (a fal l en thing). The

Prophetsaid, "Recognise its container LJ
and its tying material and then make publ ic - .
announcementaboutitfor one year and if its -
owner shows up, give itto him;otherwise use
itas you l ike ." The man said "W hatabouta
l ostsheep?" The Prophetsaid, "Itis for - - -
you, your brother or the wol f. "2 The man - 3i i P
asked "W hatabouta l ostcamel ?" The
- -
Prophetsaid, "W hy shoul d you take itas
-.
((l .
-
it has gotits water-container (its stomach)
and its hooves and itcan reach the pl aces of
ii. . i. : ju JU ;
water and can eatthe trees til l its owner finds - - -
it?" 3) L ((J, U Lai : ju
L~j
)
L.
(13) CHAPTER. The selling of wood and
grass. .
- - Y rvr
2373. Narrated Az-Zubair bin Al-
-
(1) (H. 2371) This means thatif one treats his donkeys kindl y and does notoverburden
them, he wil l be rewarded for thatin the Hereafter, and if he does the opposite, he wil l
gain the fruitof his il l -behaviour. (Qastalani )
(2) (H. 2372) Itis for you if its owner does notshow up, or for its owner if he shows up, or
for the wol f to eatif you l eave itand its owner does notfind it.
(3) (H. 2372) The ProphetjW forbids the man from taking the l ostcamel because itcan
stay in the desertfor a l ong period withoutany danger. Itis l ike a wel l -provided
travel l er;itcan reach its destination.
42 THE BOOK OF W ATERING
- it 323
'Awwm i The Prophet;said,
"No doubt, one had better take a rope (and
cut) and tie a bundl e of wood and sel l it
whereby Al l ah wil l keep his face away (from
Hel l -fire) rather than ask others who may
give him or not. "
Al l ah's Messenger
said, "No doubt, itis
better for anyone of you to cuta bundl e of
wood and carry itover his back (and earn his
l iving thereby) rather than to ask somebody
who may or may notgive him. " (See H.
2074).
2375. Narrated Husain bin 'Al l Zi
4.: 'Al l bin Abi Tal ib Z i said, "I got
a she-camel as my share of the war booty on
the day (of the battl e) of Badr, and Al l ah's
Messenger gave me another she-camel . I
l etboth of them kneel atthe door of one of
the A nsar, intending to carry Id)I/jr on them
to sel l itand use its price for my wedding
banqueton marrying Fatima. A gol dsmith
from Bani Qainuqa' was with me. IIamza bin
'Abdul -Muttal ib was in thathouse drinking
wine and a l ady singer was reciting:
'0 Haniza! (Kil l ) the (two) fatol d she-
camel s (and serve them to your guests). '
So Hamza took his sword and went
towards the two she-camel s and cutoff their
humps and opened their fl anks and took a
partof their l ivers. " (I said to Ibn Shihb,
42- THE BOOK OF W ATERING - 324
"Did he take partof the humps?" He repl ied,
"He cutoff their humps and carried them
away. ") 'Al l Zc further said, "W hen I
saw thatdreadful sight, I wentto the Prophet
and tol d him the news. The Prophet
came outin the company of Zaid bin Haritha
who was with him then, and I, too, wentwith
them. He wentto Uamza and spoke harshl y
to him. Uamza l ooked up and said, 'Aren't
you onl y the sl aves of my forefathers?' The
Prophetretreated and wentout. This
incidenthappened before the prohibition of
drinking (al cohol ic drinks). "
(14) CHAPTER. The uncultivated pieces of
land (granted by the ruler to some
individuals).
Prophetdecided to granta portion of
(the uncul tivated l and of) Bahrain to the
A nsar. The A nsar said, "(W e wil l notaccept
it) til l you give a simil ar portion to our
emigrantbrothers (from Quraish) . " He said,
"(0 A nsr!)You wil l soon see peopl e giving
preference to others, so remain patienttil l you
meetme (on the Day of Resurrection). ,,
(1)
(1) (H. 2376) This prophecy was a sign of the Prophethood of Al l ah's Messenger. It
came true thatthe Quraish kings had the source of weal th and power in their hands.
The Propheta tel l s the A nsar to be patientand waitfor a greatreward in the Hereafter
as a compensation for the pl easures they woul d miss in this l ife.
- 1
325
l j ,u 3i :J
rrtr VV :)] jiI
[rvt
(15) CHAPTER. Documentation of the land
grants.
2377. Narrated Anas L i The
Prophetcal l ed the A n.yr so as to grant
them a portion of (the l and of) Bahrain. They
said, "0 Al l ah's Messenger! If you grantthis
to us, write a simil ar documentto our
Quraish (emigrant) brothers. " Butthe
Prophetdid nothave enough grants and
he said, "After me you wil l see the peopl e
giving preference (to others), so be patient
til l you meetme. "t1
(16) CHARTER. Milking she-camels at
water places.
2378. Narrated AbU Hurairah ZZi
The Prophetsaid, "One of the rights of a
she-camel is thatitshoul d be mil ked ata
pl ace of water. "
(17) CHAPTER. One may have the right to
pass through a garden or to have a share in
date-palms.
The ProphetjLit, said, "If somebody sel l s
date-pal ms after pol l inating them, their fruits
wil l be for him and he has the rightto enter
(1) (Ch. 2377) Perhaps the grants given to the A nsar were l and grants or money grants
from the J i zya tax l evied from thatl and. The Prophet. coul d notassign simil ar grants
to the emigrants, perhaps because there were notmany conquests then. (Qastalant)
42- THE BOOK OF W ATERING - 326
the garden and irrigate the date-pal ms til l he
reaps the fruits. The owner of 'A ri ya has a
simil ar right."
2379. Narrated 'Abdul l Ah
Al l ah's Messenger ;said, "If somebody
buys date-pal ms after they have been
pol l inated, the fruits wil l bel ong to the
sel l er unl ess the buyer stipul ates the
contrary. If somebody buys a sl ave having
some property, the property wil l bel ong to
the sel l er unl ess the buyer stipul ates thatit
shoul d bel ong to him. "
2380. Narrated Zaid bin Thbitii
L: The Prophet
;
permitted sel l ing the
dates of the 'A ray for ready dates by
estimating the amountof the former (as
they are stil l on the trees).
The Prophetjjforbade the sal es cal l ed
A l-Mukhabara, A l-Muhaqala and A l-
Muzdbana and the sel l ing of fruits til l they
are free from bl ights. He forbade the sel l ing
of the fruits exceptfor money, exceptthe
'A ray.
2382. Narrated AbU Hurairah 2
The Prophet;al l owed the sal e of the dates
42-THE BOOK OF W ATERING iI -
it 1327
of the 'A raya for ready dates by estimating the
former which shoul d be estimated as l ess
than five A wsuqor five A wsuq. (Dawud, the
subnarrator is notsure as to the right
amount
)(1)
2383, 2384. Narrated Rfi' bin Khadijand
Sahl bin AN Hathma
4
Al l ah's
Messenger j
W
forbade the sal e of Muzabana,
i. e. , sel l ing of fruits for fruits, exceptin the
case of 'A raya; he al l owed the owners of
'A raya such kind of sal e.
(1) (H. 2382) Since there is doubtaboutthe l imits of estimation, l ess than five A wsuqi s
regarded as the l egal amount;five A wsuqor more is regarded as il l egal . (Qastalani ).
43-THE BOOK OF LOANS .*i$ 3 L)iJ l S' -
1
32jj
43- THE BOOK OF LOANS, PAYMENT
-
OF LOANS, FREEZING OF
PROPERTY, AND BANKRUPTCY.
(1) CHAPTER. W hoever buys a thing on
credit and does not have its price or has it,
but not at the place of the transaction.
L. : W hil e I was in the company of the
Prophetitin one of his Ghazawt , he asked,
"W hatis wrong with your camel ? W il l you
sel l it?" I repl ied in the affirmative and sol d it
to him. W hen he reached Al -Madina, I took
the camel to him in the morning and he paid
me its price.
2386. Narrated Al -A'mash: W hen we
were with Ibrhim, we tal ked about
mortgaging in deal s of Salam. Ibrahim
narrated from Aswad that'Aishh Zi
had said, "The Prophetboughtsome
foodstuff on creditfrom a Jew and
mortgaged an iron armour to him. "
(2) CHAPTER. W hoever takes the money of
the people intending to repay it or-to destroy
it or to spoil it.
The ProphetjW said, "W hoever takes the
money of the peopl e with the intention of
repaying it, Al l ah wil l repay iton his behal f,
and whoever takes itin order to destroy it,
then Al l ah wil l destroy him."
- AA
'J)r
:Jl i i
-1
L
&>l
3 1.; l
Li. .
J1. JL
:JU . U J....4ij
;
iJl 4l 3 L L :. W Li-
LJI :3 -
R.
:Ju -
43 - THE BOOK OF LOANS l l $jl ij- 329
(3) CHAPTER. Repayment of debts.
And the Statementof Al l ah Jt. . :
"Veril y! Al l ah commands thatyou shoul d
render back the trusts to those, to whom they
are due;and thatwhen you judge between
men, you judge with justice. Veril y, how
excel l entis the teaching which He (Al l ah)
gives you! Trul y, Al l ah is Ever Al l -Hearer,
Al l -Seer. " (V.4:58)
2388. Narrated AbU Dhar ";*r -. i
Once, whil e I was in the company of the
Prophet, he saw the mountain of Ul :iud
and said, "I woul d notl ike to have this
mountain turned into gol d for me unl ess
nothing of it, noteven a singl e Dinr remains
of itwith me for more than three days (i. e. , I
wil l spend al l of itin Al l ah's Cause), except
thatDinar which I wil l keep for repaying
debts." Then he said, "Those who are rich in
this worl d woul d have l ittl e reward in the
Hereafter, exceptthose who spend their
money here and there (in Al l ah's Cause),
and they are few in number. " Then he
ordered me to stay atmy pl ace and went
notfar away. I heard a voice and intended to
go to him butI remembered his order, "Stay
atyour pl ace til l I return. " On his return I
asked, "0 Al l ah's Messenger! (W hatwas)
thatnoise which I heard?" He said, "Did you
hear anything?" I said, "Yes. " He said,
"Jibril [Gabriel (LJ 4J)]came to me and
said, 'W hoever amongstyour fol l owers dies,
worshipping none al ong with Al l ah, wil l
enter Paradise. " I said, "Even if he did
such and such things (i. e. , even if he stol e
or committed il l egal sexual intercourse)"
43_THE BOOK OF LOANS ,lAJlj i$ lj
601AW11 Y a
- 330
He
(j)
said, "Yes. "
Al l ah's Messenger itsaid, "If I had gol d
equal to the mountain of
Ubud,
itwoul d not
pl ease me thatitshoul d remain with me for
more than three days, exceptan amount
which I woul d keep for repaying debts."
(4) CHAPTER. To buy camels on credit.
A man demanded his debts from Al l ah's
Messenger in such a rude manner thatthe
companions of the Prophetintended to
harm him, butthe Prophetsaid, "Leave
him, no doubt, for he (the creditor) has a
rightto demand it(harshl y). Buy a camel and
give itto him." They said, "The camel thatis
avail abl e is ol der and better than the camel
he demands. " The Prophetsaid, "Buy it
and give itto him, for the bestamong you are
those who repay their debts handsomel y."
43 -THE BOOK OF LOANS ,1AJj 4Ij ObIjkwell 6jU - 331
(5) CHAPTER. Demanding debts
handsomely.
2391. Narrated Hudhaifa ii I
heard the Prophet saying, "Once a man
died and was asked, 'W hatdid you use to say
(or do) (in your l ifetime)?' He repl ied, 'I was
a businessman and used to give time to the
rich to repay his debtand (used to) deduct
partof the debtof the poor. ' So he was
forgiven (his sins. )"
AbU Mas'Ud said, "I heard the same
(Ijadif/1) from the Prophet ."
(6) CHAPTER. Can one give an older
(camel) than that he owes?
A man came to the Prophetand
demanded a camel (the Prophetowed
him). Al l ah's Messenger tol d his
companions to give him (a camel ). They
said, "W e do notfind exceptan ol der and
better camel (than whathe demands) ."
(The Prophetordered them to give him
thatcamel ).
The man said, "You have paid me in ful l
and may Al l ah al so pay you in ful l . " Al l ah's
Messenger ji-F, said, "Give him, for the best
amongstthe peopl e is he who repays his debts
in the mosthandsome manner ."
(7) CHAPTER. Repaying debts handsomely.
2393. Narrated AbU Hurairah Z i ,e;:
The Prophetowed a camel of a certain age
to a man who came to demand itback. The
Prophetordered his companions to give
him. They l ooked for a camel of the same age
43 -THE BOOK OF LOANS - ir 332
butfound nothing buta camel one year
ol der. The Prophettol d them to give itto
him. The man said, "You have paid me in
ful l , and may Al l ah pay you in ful l . " The
Prophetsaid, "The bestamongstyou is he
who pays his debts in the mosthandsome
manner
2394. Narrated Jbir bin 'Abdul l ah
L4i. : I wentto the Prophetwhil e he was in
the mosque. (Mis'ar thinks, thatJbir went
in the forenoon. ) The ProphetjW tol d me to
offer two Rak'at prayer, and then he repayed
me the debthe owed me and gave me an
extra amount.
(8) CHAPTER. If somebody repays less than
what he owes, (and the creditor accepts it) or
if the creditor exempts the debtor from
paying (there is no objection).
2395. Narrated Jabir bin 'Abdul l Ah
L4i: My father was martyred on the day (of
the battl e) of Uhud, and he was in debt. His
creditors demanded their rights persistentl y.
I wentto the ProphetA (and informed him
aboutit). W d thd take-the fruits of
my garceiind qW mpt,,my father from the
debts, butthey refused to do so. So, the
ProphetjW , did notgive them my garden and
tol d me thathe woul d come to me the next
morning. He came to us earl y in the morning
and wandered among the date-pal ms and
invoked Al l ah to bl ess their fruits. I then
pl ucked the dates and paid the creditors, and
there remained some of the dates for us.
43 - THE BOOK OF LOANS
l j
lij 6,b1jkwV1 6jU -
1
II
(9) CHAPTER. It is permissible for one to
settle one's accounts by repaying for the
dates one owes, dates or other things, and
one can repay them without weighing or
measuring them (if the creditor agrees).
2396. Narrated Jabir bin 'Abdul l h . 0 :
. 4L: W hen my father died he owed a Jew
thirty A wsuq (of dates). I requested him to
give me respite for repaying buthe refused. I
requested Al l ah's Messenger , to intercede
with the Jew. Al l ah's Messenger ;wentto
the Jew and asked him to acceptthe fruits of
my trees in pl ace of the debtbutthe Jew
refused. Al l ah's Messenger 4h entered the
garden of the date-pal ms, wandering among
the trees and ordered me (saying), "Pl uck
(the fruits) and give him his due. " So, I
pl ucked the fruits for him after the departure
of Al l ah's Messenger 0, and gave his thirty
A wsuq, and stil l had seventeen A wsuqextra
for mysel f. Jabir said: I wentto Al l ah's
Messenger to inform of whathad
happened, butfound him offering the A sr
prayer. After the Salat (prayer) I tol d him
aboutthe extra fruits which remained.
Al l ah's Messenger ;tol d me to inform
('Umar) Ibn Al -Khattb aboutit. W hen I
wentto 'Umar and tol d him aboutit, 'Umar
said, "W hen Al l ah's Messenger ;wal ked in
your garden, I was sure thatAl l ah woul d
definitel y bl ess it."
9
Uab
9
[v :-i,1 . l .
6.
43THE BOOK OF LOANS
's
'
- 1
(10) CHAPTER. W hoever seeks refuge with
Allah from being in debt.
Al l ah's Messenger j1h used to invoke Al l ah
in the Salat (prayer) saying, "0 Al l ah, I seek
refuge with you from al l sins, and from being
in debt. " Someone said, "0 Al l ah's
Messenger! (I see) very often you seek
refuge with Al l ah from being in debt."' He
repl ied, "If a person is in debt, he tel l s l ies
when he speaks, and breaks his promises
when he promises."
(11) CHAPTER. The funeral Salat (prayer)
fora dead person in debt.
2398. Narrated Ab Hurairah "i u
The Prophet
iJ
said, "If someone l eaves
some property, itwil l be for the inheritors,
and if he l eaves some weak offspring, itwil l
be for us to supportthem
2399. Narrated AbU Hurairah Z iii
The Prophetsaid, "I am cl oser to the
bel ievers than their ownsel ves in this worl d
and in the Hereafter, and if you l ike, you can
read Al l ah's Statement:
'The Prophetis cl oser to the bel ievers
than their ownsel ves. . . ' (V. 33:6)
So, if a true bel iever dies and l eaves
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43-THE BOOK OF LOANS JAlIj ,,.zailj 4I - r
(L
I
behind some property, itwil l be for his
inheritors (from the father's side), and if he
l eaves behind some debtto be paid or needy
offspring, then they shoul d come to me as I
am the guardian of the deceased
(12) CHAPTER. Procrastination (delay) in
repaying debts by a wealthy person is
injustice.
2400. Narrated AN! Hurairah Z i
Al l ah's Messenger ;said, "Procrastination
(del ay) in repaying debts by a weal thy person
is injustice."
(13) CHAPTER. The owner of the right has
the permission to demand his right.
The Prophetsaid, "The del ay in the
paymentof debtby one who can afford to
pay, justifies his defamation and torture by
the l ender. " Defamation means thatthe
l ender tel l s him in publ ic thathe has
del ayed the payment. Torture means l egal
imprisonment.
2401. Narrated Abu Hurairah Zi
A man came to the Prophetand
demanded his debts and used harsh words.
The companions of the Prophetjwanted to
harm him, butthe Prophetsaid, "Leave
him, as the (creditor) (one who has a right)
has the ful l rightto demand it(or to speak
harshl y) . "
:L
1 i
j j;
y49
'Y
y4
4lJ 'JL.
uL
[ 4 A
43 - THE BOOK OF LOANS tAl l jI 3,iI .id - Lr 336
k. tL (st)
i
L I
(14) CHAPTER. If somebody lends
something or sells it on credit or deposits it
as a trust, and the new possessor gets
bankrupt, the former owner has more right
than the other creditors to restore that thing
if he finds it with the bankrupt.
A-Hasan said, "If somebody becomes
bankruptand he is judged to be so, he is not
permitted to free his sl ave or sel l or buy
things."
Sa'id bin Al -Musaiyab said " 'Uthman
gave a verdictthatif a creditor took
something from the debtor before the l atter
was decl ared bankrupt, itwoul d bel ong to
him (i. e. , the other creditors woul d have no
rightto take it), and if the creditor
recognized his things, he had more rightto
restore them (than any other creditor) . "
Al l ah's Messenger 41tsaid, "If a man finds his
very things with a bankrupt, he has more
rightto take them back than anyone el se."
(15)CHAPTER. W hoever delayed the
repayment of debts for a day or so and did
not regard it as procrastination.
J abir said, "W hen the creditors of my
father demanded their rights persistentl y, the
Prophetjrequested them to take the fruits
of my garden instead of the debt, butthey
refused. So, the Prophetneither gave
J Ut IS1 JGj
JUJ
. oj
i+Lr4
L)
g-
43 - THE BOOK OF LOANS ji w3 )iI - 337
them the fruits nor had the fruits pl ucked for
them, butsaid, 'I wil l come to you
tomorrow. ' He came to us earl y in the
morning and invoked Al l ah to bl ess the
garden's fruits, and so I paid the creditors
their rights. "
(16) CHAFFER. W hoever sold the property
of a bankrupt or a poor man and divided the
money amongst the creditors or gave it
(piecemeal) to the man to spend it on his
affairs.
2403. Narrated Jbir bin 'Abdul l h :
L4L: A man pl edged thathis sl ave woul d be
manumitted after his death. The Prophet
asked, "W ho wil l buy the sl ave from me?"
Nu'aim bin 'Abdul l h boughtthe sl ave and
the Prophettook its price and gave itto
the owner.
(17) CHAFFER. It is permissible to lend
money for a fixed time or sell on credit for a
fixed time.
Ibn 'Umar said concerning l oans for a
fixed time, "There is no objection to it, even
if the debtor gives more than he owes if the
creditor has notstipul ated it. "
'Ata' and 'Amr bin Dinr said, "The
l ender has no rightto demand his money
before the due time of payment. "
Al l ah's Messenger mentioned an Israel i
man who asked another Israel i to l end him
money, and the l atter gave itto him for a
fixed period. (Ab Hurairah mentioned the
restof the narration. )
[See chapter: Kafala in l oans and
(1) (H. 2403) The man became in need or in debt, so the Prophetsol d the sl ave for him
al though he had promised thathe woul d be manumitted after his death.
43-THE BOOK OF LOANS lJlj 4ij 6,bljkw%l 6AS - 338
debts. Hadi th 2291].
(18) CHAPTER. Intercession for the
reduction of debts.
2405. Narrated Jabir W hen
'Abdul l Ah (my father) died, he l eftbehind
chil dren and debts. I asked the l enders to put
down some of his debt, butthey refused, so I
wentto the Prophet#'F, to intercede with
them, yetthey refused. The Prophetjtg said
(to me), "Cl assify your dates into their
differentkinds: I'4J qIbnZai d, Lean and
'A jwa, each kind separatel y and cal l al l the
creditors and waittil l I come to you." I did
so, and the Prophetcame and satbeside
the dates and started measuring to each his
due l il l he paid them ful l y, and the amountof
dates remained as itwas before, as if he had
nottouched them.
2406. (On another occasion) I took partin
one of Qli azawt
al ong with the Prophet
and I was riding one of our camel s. The
camel gottired and was l agging behind the
others. The ProphetjN hititon its back. He
said, "Sel l itto me, and you have the rightto
ride ittil l Al -Madina . " W hen we approached
Al -Madina, I took the permission from the
Prophetto go to my house, saying, "0
Al l ah's Messenger! I am married recentl y. "
The Prophetasked, "Have you married a
virgin or a matron (a widow or divorcee)?" I
said, "I have married a matron, as 'Abdul l h
(my father) died and l eftbehind daughters
smal l in their ages, so I married a matron
[A

3
th La (A)
43 -THE BOOK OF LOANS IJ
$ lj
- 339
who may teach them and bring them up with
good manners." The Prophet
a
then said (to
me), "Go to your famil y. " W hen I wentthere
and tol d my maternal uncl e aboutthe sel l ing
of the camel , he admonished me for it. On
thatI tol d him aboutits sl owness and
exhaustion and aboutwhatthe Prophet
had done to the camel and his hitting it.
W hen the ProphetjW , arrived, I wentto him
with the camel in the morning and he gave
me the price of the camel and the camel
itsel f, and al so my share from the war booty
as he gave the other peopl e.
(19) CHAPTER. W hat is forbidden as
regards wasting money.
". . . And Al l ah l ikes notmischief. . . "
(V. 2:205).
". . . Veril y Al l ah does notsetrightthe
work of A l-Mufsi dun (the evil -doers,
corrupters). . . . . (V. 10:81)
And the Statementof Al l ah ):
"Does your Salat (prayer) command that
we give up whatour fathers used to worship,
or thatwe give up doing whatwe l ike with our
property7. . . . . (V. 11:87)
Al l ah jw al so said:
"And give notunto the fool ish your
property. . . . . (V.4:5)
And to keep away from al l these (things),
and (al so) whatis forbidden as regards deceit.
2407. Narrated Ibn 'Umar \. 4L ii ,. . e,: A
man came to the Prophetand said, "I am
often betrayed in bargaining." The Prophet
advised him, "W hen you buy something,
say (to the sel l er), 'No deception'." The man
used to say so afterwards.
L;.0
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43-THE BOOK OF LOANS sl
j- 340
2408. Narrated Al -Mugira bin Shu'ba
L tThe Prophetsaid, "Al l ah has
forbidden for you (1) to be undutiful to your
mothers, (2) to bury your daughters al ive, (3)
to notto pay the rights of the poor and others
(e. g. charity) and (4) to beg of men (i. e. ,
begging). And Al l ah hates for you (1) QV and
Qal (sinful and usel ess tal k l ike backbiting or
thatyou tal k too much aboutothers), (2) to
ask 100 many questions, (in disputed
rel igious matters), and (3) to waste the
weal th (by extravagance with l ack of
wisdom and thinking) . "
(20) CHAPTER. A slave is a guardian of the
property of his master and he should not use
it except with the master's permission.
L4i i: I heard Al l ah's Messenger saying,
"Everyone of you is a guardian and
responsibl e for whatis in his custody. The
rul er is a guardian of his subjects and
responsibl e for them;a husband is a
guardian of his famil y and is responsibl e for
it;a l ady is a guardian of her husband's house
and is responsibl e for it, and a servantis a
guardian of his master's property and is
responsibl e for it. " I heard thatfrom
Al l ah's Messenger 41tand I think thatthe
Prophet0 al so said, "A man is a guardian of
his father's property and is responsibl e for it;
so al l of you are guardians and responsibl e
for your wards and things under your care. "
44- THE BOOK OF QUARRELS QtGj. Q. W l ya - 341
44- THE BOOK OF QUARRELS
t6j. 6ja
-"
(1) CHAPTER. W hat is mentioned about the
people, and quarrels between the Jews and
the Muslims.
2410. Narrated 'Abdul l h bin Mas'd
i : I heard a man reciting a Verse (of the
Qur'an) butI had heard the ProphetjW
reciting itdifferentl y. So, I caughthol d of the
man by the hand and took him to Al l ah's
Messenger jW who said, "Both of you are
right. " Shu'ba, the subnarrator said, "I think
he said to them, "Don'tdiffer, for the
nations before you differed and perished
(because of their differences) . "
Two persons, a Musl im and a Jew,
quarrel l ed. The Musl im said, "By Him
W ho gave Muhammad () superiority over
al l the peopl e!" The Jew said, "By Him W ho
gave MUsa [Moses (k_J J. )J superiority
over al l the peopl e!" Atthatthe Musl im
raised his hand and sl apped the Jew on the
face. The Jew wentto the Prophetand
informed him of whathad happened between
him and the Musl im. The ProphetjW sentfor
the Musl im and asked him aboutit. The
Musl im informed him of the event. The
Prophet0, said, "Do notgive me superiority
over MUsa, for on the Day of Resurrection
al l the peopl e wil l fal l unconscious and I wil l
be one of them, butI wil l be the firstto regain
consciousness, and wil l see MUsa standing
and hol ding the side of the Throne (of
Al l ah). I wil l notknow whether (MUsa) has
al so fal l en unconscious and gotup before
44-THE BOOK OF QUARRELS tag - 342
me, or Al l ah has exempted him from that
4
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2412. Narrated AbU Sa'id Al -Khudri yoy
: W hil e Al l ah's Messenger , was
i.,
J....
-
sitting, a Jew came and said, 0 Abul
Qasim! One of your companions has .
Y
sl apped me on my face." The Prophet

JJ &4ii
asked who thatwas. He repl ied thathe was - - - -
one of the A nar. The Prophet
;
sentfor L- JJk. - 4
him, and on his arrival , he asked him
-----. - - . - -
''(L43
. J
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whether he had beaten the Jew. He (repl ied
in the affirmative and) said, "I heard him
taking an oath in the marketsaying, 'By Him
-
- - - - - - - -
Li
W ho gave Musa (Moses) superiority over al l -
the human beings. '! said, '0 wicked man!
:Jl i
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4, 1))
(Has Al l ah given MUsa superiority) even over - . ..
'
Muhammad . ?' I became furious and '-'
sl apped him over his face. " The Prophet l : Lii ,. . fl
said, "Do notgive a Prophetsuperiority over t,
L
another, for on the Day of Resurrection al l - -
the peopl e wil l fal l unconscious;and Twil l be '1 : I J l ii .
the firstto emerge from the earth, and wil l
- - -
Li L I
see MUsa standing and hol ding one of the
'-'s
pil l ars of the Throne. Iwil l notknow whether 3U z. l . JI
MOsa has fal l en unconscious or the first . .
I.
4;.p
unconsciousness was sufficientfor him. ''
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(1) (H. 2412) This is an al l usion to the eventwhere MUsa (Moses) fel l unconscious on
wishing to see Al l ah when he was beside the mountain. (See the Qur'an V. 7:143)
44 THE BOOK OF QUARRELS Qta#A6JI 6. jLl - U
M
2413. Narrated Anas A Jew
crushed the head of a girl between two
stones. The girl was asked who had crushed
her head, and some names were mentioned
before her, and when the name of the Jew
was mentioned, she nodded agreeing. The
Jew was caughtand when he confessed, the
Prophetordered thathis head be crushed
between two stones.
(2) CHAPTER. W hoever cancelled the deals
done by a weak-minded or an extravagant
person even if the ruler had not assumed
control over his wealth.
Jbir Z ,. e narrated thatthe Prophet
rejected the giftof charity (given by a poor
man) before he prohibited him (from giving
in charity).
Mal ik said, "If a person is in debtand he
has nothing excepta sl ave, itis not
permissibl e for him to manumitthe sl ave."
(3) CHAPTER. If somebody sells a thing for
a weak-minded person and pays him the
price, and advised him to utilize it in a
proper way and not to spoil it, and he spoils
it, he can stop him from doing so, for the
Prophet had forbidden the wasting of the
property. The Prophet it ordered the person
who said that he had always been cheated in
buying, to say, at the time of the deal, "No
cheating!" The Prophet did not take his
money (of the person who sold his slave,
because he had not proved foolish).
2414. Narrated Ibn 'Umar 4 u A
man was often cheated in buying. The
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44-THE BOOK OF QUARRELS QlAilairil 6ja -
P
44
11
ProphetjW said to him, "W hen you buy
something, say (to the sel l er), 'No
cheating'. " The man used to say so
thenceforward.
2415. Narrated Jbir i o: A man
manumitted a sl ave and he had no other
property than that, so the Prophet
cancel l ed the manumission (and sol d the
sl ave for him). Nu'aim bin An-Nahham
boughtthe sl ave from him.
(4) CHAPTER. The talk of opponents
against each other.
2416, 2417. Narrated 'Abdul l ah bin
Mas'd Z ;: Al l ah's Messenger
said, "W hoever takes a fal se oath so as to
take the property of a Musl im (il l egal l y) wil l
meetAl l ah whil e He wil l be angry with him. "
Al -Ash'ath said: By Al l ah, thatsaying
concerned me. I had common l and with a
Jew, and the Jew l ater on denied my
ownership, so I took him to the Prophet
who asked me whether I had a proof of my
ownership. W hen I repl ied in the negative,
the Prophetasked the Jew to take an oath.
I said, "0 Al l ah's Messenger! He wil l take an
oath and deprive me of my property. " So,
Al l ah Jt. z reveal ed the fol l owing Verse:
"Veril y: those who purchase a smal l gain
oaths. . . . . (V. 3:77)
44-THE BOOK OF QUARRELS Q6ja. W l 6
.
itY - 345
2418. Narrated 'Abdul l h bin Ka'b bin
Ml ik: Ka'b i i ;demanded his debt
back from Ibn AN Uadrad in the mosque and
their voices grew l ouder til l Al l ah's
Messenger i 4t heard them whil e he was in
his house. He came outto them raising the
curtain of his room and addressed Ka'b, "0
Ka'b!" Ka'b repl ied, "Labbai k, 0 Al l ah's
Messenger." (He said to him), "Reduce your
debtto hal f," gesturing with his hand. Ka'b
said, "I have done so, 0 Al l Ah's Messenger!"
On thatthe Prophetsaid to Ibn Abi
Il adrad, "Getup and repay the debtto him. "
2419. Narrated 'Umar bin Al -KhattAb
I heard HishAm bin Hakim bin
HizAm reciting Srat A l-Furqan in a way
differentto thatof mine. Al l Ah's Messenger
had taughtitto me (in a differentway).
So, I was aboutto quarrel with him [during
the Saldt (prayer)] butI waited til l he
finished, then I tied his garmentround his
neck and seized him by itand broughthim to
Al l ah's Messenger jog and said, "I have heard
him reciting Surat A l-Furqan in a way
differentto the way you taughtitto me
The Prophet;ordered me to rel ease him
and asked Hisham to recite it. W hen he
recited it, Al l ah's Messenger ;said, "Itwas
reveal ed in this way. " He then asked me to
recite it. W hen I recited it, he said, "Itwas
reveal ed in this way. The Qur'An has been
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reveal ed in seven differentways, so recite it
in the way thatis easier for you."
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44- THE BOOK OF QUARRELS jl
- 346
t'c :,it]
(( ,_-L U
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(5)
CHAPTER. Turning out the sinners and
the quarrelsome people of the houses after
the impropriety of their behaviour gets
evident.
'Umar turned AbU Bakr's sister (outof the
house) for her wail ing (over a dead person).
The ProphetjW, said, "No doubt, I was about
to order somebody to pronounce the Iqama
of the (compul sory congregational )
Salat
(prayer) and then I woul d go to the houses
of those who do notattend the
Salat (prayer)
(in mosque) and burn their houses over
them. " (See H. 644).
(6) CHAPTER. To file a case for fulfilling
the will of the deceased.
2421. Narrated 'Aishah 'Abd
bin Zam'a and Sa'd bin AN W aqqds carried
the case of their cl aim of the (ownership) of
the son of a sl ave-girl of Zam'a before the
Prophet. Sa'd said, 11 0 Al l ah's
Messenger! My brother, before his death,
tol d me thatwhen I woul d return (to
Makkah), I shoul d search for the son of the
sl ave-girl of Zam'a and take him into my
(1) (H. 2420) See Iqamat-as-alat in gl ossary.
44THE BOOK OF QUARRELS
QLGJd. W I 6ja -
-
RI
custody as he was his son." 'Abd bin Zam'a
said, "He is my brother and the son of the
sl ave-girl of my father, and was born on my
father's bed. " The Prophetnoticed a
resembl ance between 'Utba and the boy but
he said, "0 'Abd bin Zam'a! You wil l getthis
boy, as the son goes to the owner of the bed.
You, Sauda, screen yoursel f from the boy."
(7) CHAPTER. Tying the person who is
liable to do mischievous things.
Ibn 'Abbas chained 'Ikrima to teach him
the Qur'an, the Prophet's Sunna (l egal
ways), and the knowl edge of Fara 't (l aws
of inheritance).
Al l ah's Messenger ;senthorsemen to Najd
and they arrested and broughta man cal l ed
Thumma bin Uthl , the chief of Yamma,
and they fastened him to one of the pil l ars of
the mosque. W hen Al l ah's Messenger ;
came up to him;he asked, "W hathave you
to say, 0 Thumma?" He repl ied "I have
good news, 0 Muhammad!" Aba Hurairah
narrated the whol e narration which ended
with the order of the Prophet
;,
"Rel ease
him!" (See H. 4372)
(8) CHAPTER. Fastening and imprisoning
in the Haram.
Nfi' bin Al -Il arith boughta house from
Safwan bin Umaiyya for using itas a prison
on the condition thatthe deal woul d be
44- THE BOOK OF QUARRELS 6Ja
- If
Il
confirmed if 'Umar agreed to it, and i f 'Umar
did notagree to it, Safw. n woul d take four
hundred (Dinar). Ibn Az-Zubair imprisoned
(the cul prits) in Makkah. "
The Prophetjj&sentsome horsemen to Najd
and they arrested and broughta man cal l ed
Thumama bin Uthal from the tribe of Bani
Il anifa, and they fastened him to one of the
pil l ars of the mosque.
(9) CHAPTER. (The creditor's) pursuit
(after his debtors).
Mal ik Al -Ansri on the authority of Ka'b bin
Mal ik i 4 that'Abdul l ah bin AN
Hadrad Al -Asl amI owed him some debt.
Ka'b methim and caughthol d of him and
they started tal king and their voices grew
l ouder. The Prophetpassed by them and
addressed Ka'b, pointing outto him to
reduce the debtto hal f. So, Ka'b gothal f of
the debtand exempted the debtor from the
other hal f.
(10) CHAPTER. Demanding one's debts.
2425. Narrated KhabbAb L i I was
a bl acksmith in the Pre-Isl amic Period of
44-THE BOOK OF QUARRELS jfl
Ignorance, and 'As bin W 'il owed me some
money. I wentto him to demand it, buthe
said to me, "I wil l notpay you unl ess you
rejectfaith in Muhammad. " I repl ied, "By
Al l ah, I wil l never disbel ieve Muhammad
til l Al l ah l etyou die and then resurrectyou . "
He said, "Then waittil l I die and come to l ife
again, for then I wil l be given property and
offspring and wil l pay your right." So, this
revel ation came:
"Have you seen him who disbel ieved in
Our A yat (this Qur'an and Muhammad
c)
and said, 'I shal l certainl y be given weal th
and chil dren [if I wil l be al ive (again)]. "'
(V. 19:77)
45THE BOOK OF A L-LUQA TA - 0 350
45- THE BOOK OF A L-LUQA TA
(A well-tied pouch or purse or lost things
picked up by somebody).
(1) CHAPTER. W hen the owner of the
Luqa(a informs its description exactly
(proves that it belongs to him) it should be
returned to him.
2426. Narrated Ubal bin Ka'b ZI
found a purse containing one hundred Dinar.
So I wentto the Prophet(and informed
him aboutit), he said, "Make publ ic
announcementaboutitfor one year." I did
so, butnobody turned up to cl aim it, so I
again wentto the Prophet
;
who said,
"Make publ ic announcementfor another
year. " I did, butnone turned up to cl aim
it. I wentto him for the third time and he
said, "Keep the container and the string
which is used for its tying and countthe
money itcontains, and if its owner comes,
give itto him;otherwise, util ize it."
The subnarrator Sal ama said, "I methim
(Suwaid, another subnarrator) in Makkah
and he said, 'I don'tknow whether Ubal
made the announcementfor three years or
justone year. '"
(2) CHAPTER. Lost camels.
2427. Narrated Zaid bin KhAl id Al -Juhani
: A bedouin wentto the Prophet
and asked him aboutpicking up a l ostthing.
The Prophet
;
said, "Make publ ic
announcementaboutitfor one year.
Remember the description of its container
and the string with which itis tied;and if
somebody comes and cl aims itand describes
itcorrectl y (give itto him);otherwise, util ize
- ft-
?I
th (t)
45THE BOOK OF A L-LUQA TA - tO
M
it. " He said, "0 Al l ah's Messenger! W hat
abouta l ostsheep?" The ProphetjW said, "It
is for you, for your brother (i. e. , its owner),
or for the wol f. " He further asked, "W hat
abouta l ostcamel ?" On thatthe face of the
Prophetbecame red (with anger) and
said, "You have nothing to do with it, as it
has its feet, its water reserve and can reach
pl aces of water and drink, and eattrees. "
(3) CHAPTER. Lost sheep.
2428. Narrated Yaya: Yazid Maul Al -
Munba'ith heard Zaid bin Khl id al -Juhani
saying, "The Prophetwas asked
aboutLuqa;a. He said, 'Remember the
description of its container and the string it
is tied with, and announce itpubl icl y for one
year. " Yazid added, "If nobody cl aims then
the person who has found itcan spend it, and
itis regarded as a trustentrusted to him. "
Yaya said, "I do notknow whether the l ast
sentence were said by the Prophet
;
or by
Yazid. " Zaid further said, "The Prophet
was asked, "W hatabouta l ostsheep?' The
Prophetsaid, 'Take it, for itis for you or
for your brother (i. e. , its owner) or for the
wol f. " Yazid added thatitshoul d al so be
announced publ icl y. The man then asked the
Prophet

abouta l ostcamel . The Prophet
said, "Leave it, as ithas its feet, water-
container (reservoir), and itwil l reach a
pl ace of water and eattrees til l its owner finds
it. "
45-THE BOOK OF A L-LUQA TA -
1352
(4) CHAPTER. If the owner of a lost thing is
not found for one year, then the thing is for
the one who has found it.
2429. Narrated Zaid bin KhAl id i
LL: A man came and asked Al l ah's
Messenger aboutpicking a l ostthing.
The Prophetsaid, "Remember the
description of its container and the string it
is tied with, and make publ ic announcement
aboutitfor one year. If the owner shows up,
give itto him;otherwise, do whatever you
l ike with it." He then asked, "W hatabouta
l osts'ieep?" The Prophetsaid, "Itis for
you, for your brother (i. e. , its owner), or for
the wol f. " He further asked, "W hatabouta
l ostcamel ?" The Prophet
;
said, "Itis none
of your concern. Ithas its water-container
(reservoir) and its feet, and itwil l reach water
and drink itand eatthe trees til l its owner
finds it. "
(5) CHAPTER. If someone finds a piece of
wood or a lash or similar things in the sea.
2430. Narrated 'Abdur-Rahman bin
Hurrnuz: Abu Hurairah LZi said,
"Al l ah's Messenger mentioned an Israel i
man. " Ab Hurairah then tol d the whol e
narration. (Atthe end of the narration itwas
mentioned thatthe creditor) wentoutto the
sea, hoping thata boatmighthave brought
his money. Suddenl y he saw a piece of wood
and he took itto his house to use as firewood.
W hen he sawed it, he found his money and a
l etter in it.
[See Hadi th No. 2291 for detail s].
(6) CHAPTER. If somebody finds a date on
the way.
45-THE BOOK OFAL-LUQATA
- 353
Prophet
i
passed by a date fal l en on the way
and said, "W ere I notafraid thatitmay be
from a Sadaqa (charity), I woul d have eaten
it. "
The Prophetti J said, "Sometimes when I
return home and find a date fal l en on my
bed, I pick itup in order to eatit, butI fear
thatitmightbe from a Sadaqa (charity), so I
throw it. "
(7) CHAPTER. How the Luqata at Makkah
is to be announced.
Narrated Ibn 'Abbas L4i ii The
Prophetsaid, "Nobody shoul d pick up the
Luqata (l ostthings) (of Makkah) exceptthe
one who makes publ ic announcementfor it. "
Ibn 'Abbas said (in another narration): The
Prophet
j
said, "None shoul d pick up the
fal l en things of Makkah exceptthatwho
announces itpubl icl y."
2433. Narrated Ibn 'Abbsij
Al l ah's Messenger al so said, "It(i. e. ,
Makkah's) thorny bushes shoul d notbe
uprooted and its game shoul d notbe
chased, and picking up its fal l en things is
45-THE BOOK OF A L-LUQI4 TA - tO
R
il l egal exceptby him who makes publ ic
announcementaboutit, and its grass shoul d
notbe cut. " 'Abbas said, "0 Al l ah's
Messenger! ExceptId/i /jr (a kind of
grass') . " The Prophet
01F
said, "Except
Idhkhi r."
2434. Narrated AbU Hurairah. tii a:
W hen Al l ah gave victory to His Messenger jW
over the peopl e of Makkah, Al l ah's
Messenger stood up among the peopl e
and after gl orifying Al l ah, said, "Al l ah has
prohibited fighting in Makkah and has given
authority to His Messenger and the bel ievers
over it, so fighting was il l egal for anyone
before me, and was made l egal for me for a
partof a day, and itwil l notbe l egal for
anyone after me. Its game shoul d notbe
chased, its thorny bushes shoul d notbe
uprooted, and picking up its fal l en things is
notal l owed exceptfor one who makes publ ic
announcementfor it, and he whose rel ative is
murdered has the option either to accepta
compensation for itor to retal iate. " Al -
'Abbas said, "ExceptA 1-IdIjIIji r, for we use it
in our graves and houses. " Al l ah's Messenger
said, "ExceptA l-Idhkhi r." AbU Shah, a
Yemenite, stood up and said, "0 Al l ah's
Messenger! Getitwritten for me. " Al l ah's
Messenger said, "W rite itfor AbU Shah. "
(The sub-narrator asked A]-Auza'i): W hat
did he mean by saying, "Getitwritten, 0
Al l ah's Messenger?" He repl ied, "The
speech which he had heard from Al l ah's
Messenger
45-THE BOOK OFA L-LUQA TA
Z6A UI qi ytS- to 355
(8) CHAPTER. No animal may be milked
without the permission of its owner.
2435. Narrated Ibn 'Umar 4 iii
Al l ah's Messenger
;
said, "An animal
shoul d notbe mil ked withoutthe
permission of its owner. Does any of you
l ike thatsomebody comes to his store and
breaks his container and takes away his food?
The udders of the animal s are the stores of
their owners where their provision is kept, so
nobody shoul d mil k the animal s of somebody
el se, withoutthe permission of its owner."
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(9) CHAPTER. If the owner of lost property
comes back after a year, it should be
returned to him as it is a trust with the one
who has found it.
2436. Narrated Zaid bin Khal id Al -Juhani
ii A man asked Al l ah's Messenger
aboutthe Luqata . He said, "Make publ ic
announcementof itfor one year, then
remember the description of its container
and the string itis tied with;util ize the
money, and if its owner comes back after
that, give itto him. " The peopl e asked, 110
Al l ah's Messenger! W hatabouta l ost
sheep?" Al l ah's Messenger said, "Take
it, for itis for you, for your brother, or for the
wol f. " The man asked, "0 Al l ah's
Messenger! W hatabouta l ostcamel ?"
Al l ah's Messenger ;gotangry and his
cheeks or face became red, and said, "You
45-THE BOOK OFA L-LUQA TA j Ya
- H
356
have no concern with itas ithas its feet, and
its water-container, til l its owner finds it. "
(10) CHAPTER. Should one pick up a fallen
thing, lest it should be spoilt or taken by
somebody who does not deserve it?
2437. Narrated Suwaid bin Ghafal a:
W hil e I was in the company of Sal man bin
Rabi'a and Zaid bin SUhn, in one of the hol y
battl es, I found a whip. One of them tol d me
to drop it, butI refused to do so and said that
I woul d give itto its owner if I found him,
otherwise I woul d util ize it. On our return we
performed Ijajj and on passing by Al -
Madina, I asked Ubai bin Ka'b
aboutit. He said, "I found a bag containing a
hundred DInr in the l ifetime of the Prophet
i
jand took itto the Prophetjj# who said to
me, 'Make publ ic announcementaboutitfor
one year. ' So, I announced itfor one year
and wentto the Prophetwho said,
'Announce itpubl icl y for another year. ' So,
I announced itfor another year. I wentto
him again and he said, "Announce for
another year. " So I announced for stil l
another year. I wentto the Prophetig for
the fourth time, and he said, 'Remember the
amountof money, the description of its
container and the string itis tied with, and if
its owner comes, give itto him;otherwise,
util ize it. '
Sal ama narrated the above narration from
Ubal bin Ka'b, adding, "I metthe
subnarrator atMakkah l ater on, buthe did
notremember whether Ka'b had announced
45-THE BOOK OFA L-LUQA TI
-
1
whathe had found for one year or three
years. "
(11) CHAPTER. W hoever announced the
Luqata in public and did not hand it over to
the ruler.
2438. Narrated Zaid bin Khal id
Z: A bedouin asked the Prophet

about
the Luqata. The Prophetsaid, "Make
publ ic announcementaboutitfor one year
and if then somebody comes and describes
the container of the Luqafa and the string it
was tied with, (give itto him);otherwise,
spend it. " He then asked the Prophet
abouta l ostcamel . The face of the Prophet
;
become red and he said, "You have no
concern with itas ithas its water reservoir
and feetand itwil l reach water and drink and
eattrees. Leave ittil l its owner finds it." He
then asked the Prophetabouta l ostsheep.
The Prophetsaid, "Itis for you, for your
brother, or for the wol f. "
(12) CHAPTER:
2439. Narrated Ab Bakr
W hil e I was on my way, al l of a sudden I saw
a shepherd driving his sheep, I asked him
whose servanthe was. He repl ied thathe was
the servantof a man from Quraish, and then
he mentioned his name and I recognized
him. I asked, "Do your sheep have some
mil k?" He repl ied in the affirmative. I said,
"Are you going to mil k for me?" He repl ied
in the affirmative. I ordered him and he tied
the l egs of one of the sheep. Then I tol d him
to cl ean the udder (teats) of dustand to
remove dustoff his hands. He removed the
dustoff his hands by cl apping his hands. He
45-THE BOOK OFA L-LUQA TA
'?-
E
I(
then mil ked a l ittl e mil k. I putthe mil k for
Al l ah's Messenger in a potand cl osed its
mouth with a piece of cl oth and poured water
over ittil l itbecame col d. I took itto the
Prophetand said, "Drink, 0 Al l ah's
Messenger!" He drank ittil l I was pl eased.
46 THE BOOK OFAL-MAZALIM (THE OPPRESSIONS) JU - 1 [
46 THE BOOK OF A L-MA ZA LIM
(THE OPPRESSIONS)
Concerning oppressions and unlawful
taking (of something) by violence.
)
L.:
"Consider notthatAl l ah is unaware of
thatwhich the Zali mn(pol ytheists, wrong-
doers) do, butHe gives them respite up to a
Day when the eyes wil l stare in horror. (They
wil l be) hastening forward with necks
outstretched, their heads raised up (towards
the sky), their gaze returning nottowards
them and their hearts empty (from thinking
because of extreme fear). And warn (0
Muhammad ) mankind of the Day when
the tormentwil l come unto them;then the
wrong-doers wil l say: 'Our Lord! Respite us
for a l ittl e whil e, we wil l answer Your Cal l
and fol l ow the Messengers!' (Itwil l be said):
'Had you notsworn aforetime thatyou woul d
notl eave (the worl d for the Hereafter). And
you dwel tin dwel l ings of men who wronged
themsel ves, and itwas cl ear to you how W e
had deal twith them. And W e putforth
(many) parabl es for you. ' Indeer they
pl anned their pl ot, and their pl otwas with
Al l ah, though their pl otwas notsuch as to
remove the mountains (real mountains or the
Isl amic l aws) from their pl aces (as itis of no
importance)(". So think notthatAl l ah wil l
fail to keep His Promise to His Messengers.
Certainl y Al l ah is Al l -Mighty, Al l -Abl e of
Retribution. " (V. 14:42-47)
(1) CHAPTER. Retaliation (on the Day of
Judgement) in cases of oppressions.
(1) (Ch. 1) Itis said in Tafsi r Ibn
Katji i r
as regarding this Verse thatthe Quraish pagans
pl otted againstProphetMuhammad to kil l him butthey fail ed and were unabl e to
carry outtheir pl otwhich they pl otted.
46THE BOOK OFAL..MAALIM
(THE OPPRESSIONS) UiI
Lu:Al l ah's Messenger ;said, "W hen the
bel ievers pass safel y over (the bridge across)
Hel l , they wil l be stopped atan arched bridge
in between Hel l and Paradise, where they
wil l retal iate upon each other for the
injustices done among them in the worl d,
and when they getpurified of al l their sins,
they wil l be admitted into Paradise. By Him
in W hose Hands the soul of Muhammad ()
is, everybody wil l (recognize) his dwel l ing in
Paradise better than he recognizes his
dwel l ing in this worl d."
(2) CHAPTER. The Statement of Allah )t:
"... No doubt! The curse of Allah is on the
Zalimn (polytheists, oppressors, and the
wrong-doers) (V.11:18)
2441. Narrated Safwan bin Muhriz Al -
Mazini: W hil e I was wal king with Ibn 'Umar
L41$Z i hol ding his hand, a man came in
frontof us and asked, "W hathave you heard
from Al l ah's Messenger ;aboutA n-
Najwa?"1 Ibn 'Umar t4 said, "
heard Al l ah's Messenger saying, 'Al l ah
wil l bring a bel iever near Him and shel ter him
with His Screen and ask him: Did you
commitsuch and such sins? He wil l say:
Yes, my Lord. Al l ah wil l keep on asking him
til l he wil l confess al l his sins and wil l think
(1) Ch. 2441)A n-Najwa i s
confidential tal k between Al l ah and his devotee on the Day of
judgement. Itis a favour from Al l ah upon His devotee. The Hadi th expl ains the word
cl earl y.
46 THE BOOK OFAL-MA7ALIM (THE OPPRESSIONS) JUai - 361
thathe is ruined. Al l ah wil l say: I did screen
your sins in the worl d and I forgive them for
you today. And then he wil l be given the
book (record) of his good deeds. Regarding
disbel ievers and hypocrites (their evil acts
wil l be exposed publ icl y) and the witnesses
wil l say: These are the ones who l ied against
their Lord. No doubt! The curse of Al l ah is
on the Zali mn(pol ytheists, oppressors and
the wrong-doers). " (V. 11:18)
(3) CHAPTER. A Muslim should not
oppress another Muslim, nor should he
hand him over to an oppressor.
2442. Narrated 'Abduil ah bin 'Umar :
L4L : Al l ah's Messenger jW said, "A
Musl im is a brother of another Musl im, so
he shoul d notoppress him, nor shoul d he
hand him over to an oppressor. W hoever
ful fil l ed the needs of his brother, Al l ah wil l
ful fil l his needs;whoever broughthis
(Musl im) brother outof a discomfort, Al l ah
wil l bring him outof the discomforts of the
Day of Resurrection, and whoever screened
a Musl im, Al l ah wil l screen him on the Day
of Resurrection."
(4) CHAPTER. Help your brother whether
he is an oppressor or he is an oppressed one.
(See Hadi Lh 2444
bel ow).
Al l ah's Messenger said, "Hel p your
brother, whether he is an oppressor or he is
46- THE BOOK OFAbM47ALIM (THE OPPRESSIONS) Jil - 1 362
an oppressed one
2444. Narrated Anas i I : Al l ah's
Messenger said, "Hel p your brother,
whether he is an oppressor or he is an
oppressed one. Peopl e asked, "0 Al l ah's
Messenger! Itis al l rightto hel p him if he is
oppressed, buthow shoul d we hel p him if he
is an oppressor?" The Prophetsaid, "By
preventing him from oppressing others."
(5) CHAFFER. To help the oppressed.
2445. Narrated Mu'awiya bin Suwaid: I
heard A]-Bard' bin 'Azib L41- saying,
"The Prophet;ordered us to do seven
things and prohibited us from doing seven
other things." Then A]-Bard' mentioned:
(He ordered us the fol l owing):
1. To pay a visitto the sick (enquiring about
his heal th),
2. to fol l ow funeral procession,
3. to say to a sneezer, "May Al l ah be
Merciful to you" (if he says, 'Praise be to
Al l ah!'),
4. to return greetings,
5. to hel p the oppressed,
6. to acceptinvitations,
7. to hel p others to ful fil l their oaths.
[See Ijadi tji 5863 and H. 12391
2446. Narrated AbU MUsa L The
Prophet
J;
said, "A bel iever to another
bel iever is l ike a buil ding whose different
parts reinforce each other. " The Prophet
then cl asped his hands, with the fingers
interl aced (whil e saying that).
:5l JI
J I
I 4) I
[A\
Ll ILI
()
[i t -
46- THE BOOK OFAL-MAZLIM (THE OPPRESSIONS) Jt.i - 363
(6) CHAPTER. To retaliate upon an
oppressor (by invoking Allah to punish
him).
As is referred to in this Statementof
Al l ah:
"Al l ah does notl ike thatthe evil shoul d be
uttered in publ ic exceptby him who has been
wronged. And Al l ah is Ever Al l -Hearer, Al l -
Knower. " (V. 4:148)
"And those who, when an oppressive
wrong is done to them, take revenge. "
(V. 42:39)
Ibrahim said, "They disl iked to be
humil iated, and when they were powerful ,
they woul d forgive (their oppressors) . "
(7) CHAPTER. Forgiveness granted by the
oppressed person.
As is referred to by the Statementof Al l ah
"W hether you (mankind) discl ose (by
good words of thanks) a good deed (done
to you in the form of a favour by someone),
or conceal it, or pardon an evil . . , veril y,
Al l ah is Ever Oft-Pardoning, Al l -Powerful ."
(V. 4:149)
"The recompense for an evil is an evil l ike
thereof, butwhoever forgives and makes
reconcil iation, his reward is with Al l ah;
Veril y, He l ikes notthe Zali mn
(pol ytheists, oppressors and wrong-doers).
And indeed whosoever takes revenge after he
has suffered wrong, for such there is no way
(of bl ame) againstthem.
The way (of bl ame) is onl y againstthose
who oppress men and wrongl y rebel in the
earth withoutjustification;for such there wil l
be a painful torment.
And veril y, whosoever shows patience and
forgives, thatwoul d trul y be from the things
46- THE BOOK OFAL-MA7ALIM (THE OPPRESSIONS) -
recommended by Al l ah
And whomsoever Al l ah sends astray, for
him there is no Wali (protector, hel per,
guardian) after Him. And you wil l see the
Zali ,nun (pol ytheists, wrong-doers,
oppressors) wha they behol d the torment.
they wil l say: Is there any way of return (to
the worl d). " (V. 42:40-44)
(8) CHAPTER. Az-Zulm (oppression) will be
a darkness on the Da% of Resurrection.
2447. N'riated Ibn 'Umar
The ProphetA said, "A -ulm (oppression)
wil l be a darkness on the Day of
Resurrection."
(9) CHAPTER. One should save oneself
from the curse of the oppressed.
4-
The ProphetsentMu'dh to Yemen and
said, "Be afraid, from the curse of the
oppressed as there is no screen between his
invocation and Al l ah
,,(1)
(10) CHAPTER. If the oppressed one
forgives the oppressor, is it necessary to
describe his oppression?
2449. Narrated AbU Hurairah Z i
uz 1:ii;L (A)
(1) (H. 2448) Al l ah wil l respond to his invocation and punish the oppressor sooner or
later. (Qastal.ani ).
46-THE BOOK OFAL-MAZALIM (THE OPPRESSIONS) JtJI Ya -
365
Al l ah's Messenger said, "W hoever has
oppressed another person concerning his
reputation or anything el se, he shoul d beg
him to forgive him before the Day of
Resurrection when there wil l be no money
(to compensate for wrong deeds), butif he
has good deeds, those good deeds wil l be
taken from him according to his oppression
which he has done, and if he has no good
deeds, the sins of the oppressed person wil l
be l oaded on him. "
(11) CHAPTER. If the oppressed person
forgives the oppressor, he has no rightto
back out(of his forgiveness).
2450. Narrated 'Aishah L,~iJ i
regarding the expl anation of the fol l owing
Verse:
"And if a woman fears cruel ty or desertion
on her husband's part. . . " (V. 4:128)
A man may disl ike his wife and intend to
divorce her, so she says to him, "I give up my
rights, so do notdivorce me. " The above
Verse was reveal ed concerning such a case.
(12) CHAPTER. If a person al l ows another
or permits him (the l atter) to have
46- THE BOOK OFAL..MAZALIM (THE OPPRESSIONS)
something of his right and does not clarify as
to how much is that?
2451. Narrated Sahi bin Sa'd As-S'idi
A drink (mil k mixed with water)
was broughtto Al l ah's Messenger 4ti, who
drank some of it. A boy was sitting to his
right, and some ol d men to his l eft. Al l ah's
Messenger said to the boy, "Do you al l ow
me to give the restof the drink to these
peopl e?" The boy said, "0 Al l ah's
Messenger! I wil l notgive preference to
anyone over me to have my share from you
(i. e. , to drink the restof itfrom which you
have drunk). " So Al l ah's Messenger
handed the bowl (of drink) to the boy.
[See Hadi th No . 2351)1.
(13) CHAFFER. The sin of him who usurps
the land of others.
2452. Narrated Sa'id bin Zaid ZIP-
AMLh's Messenger said, "W hoever usurps
the l and of somebody unjustl y, his neck wil l
be encircl ed with seven earths (on the Day of
Resurrection) . "
2453. Abu Sal ama narrated thatthere was
a dispute between him and some peopl e
(abouta piece of l and). W hen he tol d
'Aishah i aboutit, she said, "0
Abu Sal ama! Avoid taking the l and unjustl y,
for the Prophetsaid, 'W hoever usurps
even one span of the l and of somebody, his
neck wil l be encircl ed with seven earths (on
the Day of Resurrection) . "
46THE BOOK OFAL-M4ZALIM (THE OPPRESSIONS) - 367
2454. Narrated Sal im's father (i. e. ,
'Abdul l ah ii The Prophetsaid
"W hoever takes a piece of the l and of others
unjustl y, he wil l sink down the seven earths
on the Day of Resurrection. "
(14) CHAPTER. If somebody allows another
to do something, the permission is valid.
2455. Narrated Jabal a: "W e were in Al -
Madina with some of the Iraqi peopl e, and
we were struck with drought(famine) and
Ibn Az-Zubair used to give us dates. Ibn
'Umar ii used to pass by us and say,
"The Prophet;forbade us to eattwo dates
ata time, unl ess one takes the permission of
one's companions."
2456. Narrated AbU Mas'Ud i
There was an A nsari man cal l ed AbU Shu'aib
who had a sl ave butcher. AM Shu'aib said to
him, "Prepare a meal sufficientfor five
persons so thatI mightinvite the Prophet
46-THE BOOK OFAL-MAZALIM
(THE OPPRESSIONS) 4U - 368
besides other four persons." Aba Shu'aib
had seen the signs of hunger on the face of
the ProphetIq and so he invited him.
Another man who was notinvited fol l owed
the Prophet. The Prophetsaid to AbU
Shu'aib, "This man has fol l owed us. Do you
him to share the meal ?" Aba Shu'aib
said, "Yes."
(15)
CHAPTER. The Statement of Allah
)t. : "Yet he is the most quarrelsome of the
opponents..." (V. 2:204)
2457. Narrated 'Aishah Li
&.:
The
Prophet;said, "The mosthated person to
Al l ah is the mostquarrel some person of the
opponents."
(16) CHAPTER. The sin of a man who
quarrels unjustly over something while he
knows that he is wrong.
2458. Narrated Umm Sal ama
the wife of the Prophet: "Al l ah's
Messenger heard some peopl e
quarrel l ing atthe door of his dwel l ing. He
came outand said, "I am onl y a human
being, and opponents come to me (to settl e
their probl ems);may be someone amongst
you can presenthis case more el oquentl y
than the other, whereby I may consider him
true and give a verdictin his favour. So, if I
give the rightof a Musl im to another by
mistake, then itis onl y a portion of (Hel l )
Fire, he has the option to take or give up
(before the Day of Resurrection) . "
46 THE BOOK OFAL-MAZALIM (THE OPPRESSIONS) - 369
:)]
[VAo LVW V\1cIAIV
1
tj('iv)
(17) CHAPTER. (The sin of) the person
who, when quarrelling, behaves impudently
(i.e., by using bad words or false
accusation).
2459. Narrated 'Abdul l ah bin 'Amr i
L4Z: The Prophet;said, "W hoever has
(the fol l owing) four (characteristics) wil l be a
hypocrite, and whoever has one of the
fol l owing four characteristics wil l have one
characteristic of hypocrisy until he gives itup.
These are:
(1) W henever he speaks, he tel l s a l ie;
(2) whenever he makes a promise, he
breaks it;
(3) whenever he makes a covenant, he
proves treacherous;
(4) and whenever he quarrel s, he behaves
impudentl y in an evil , insul ting manner. "
[See Vo. 1,Hadi th No. 33, 34).
(18) CHAPTER. The retaliation of the
oppressed person if he finds the property of
his oppressor.
Ibn Shin said, "The oppressed person can
take whatis equal to the amounttaken by the
oppressor." He then recited:
"And if you punish (your enemy, 0 you
bel ievers in the Oneness of Al l ah), then
punish them with the l ike of thatwith which
you were affl icted. . . . . (V. 16:126)
2460. Narrated 'Aishah i Hind
bint'Utba (AbU Sufyan's wife) came and
said, "0 Al l ah's Messenger! Abti Sufyan is a
3L4 I
j-
IL -
46- THE BOOK OFAL-MA7ALIM (THE OPPRESSIONS) - 370
misc r. Is there any harm if I spend something
from his property for our chil dren?" He said,
"There is no harm for you if you feed them
from itjustl y and reasonabl y (with no
extravagance) . "
2461. Narrated 'Uqba bin 'Amir
L: W e said to the Prophetjki,, "You send us
outand ithappens thatwe have to stay with
such peopl e who do notentertain us. W hat
do you think aboutit?" He said to us, "If you
stay with some peopl e and they entertain you
as they shoul d for a guest, accepttheir
hospital ity, butif they don'tdo, take the
rightof the guestfrom them. "
(19) CHAPTER. W hat is said about sheds.
And the Prophet&;al ong with his
companions, satin the shed of Ban! SA'ida.
2462. Narrated 'Umar ;: W hen
Al l ah took away the soul of His Prophetat
his death, the A nsar assembl ed in the shed of
Ban! S'ida. I said to AbU Bakr, "Letus go. "
So, we came to them (i. e. , to A nsar)atthe
shed of Ban! Sa'ida.
[See Vol 5, Hadi fh No.3667, for detail s].
46THE BOOK OFAL4! AZALIM (THE OPPRESSIONS) ltai$ - 371
(20) CHAPTER. No one should prevent his
neighbour from fixing a wooden peg in his
wall.
Al l ah's Messenger said, "No one shoul d
preventhis neighbour from fixing a wooden
peg in his wal l . " AbU Hurairah Z
then said (to his companions), "W hy do I
find you averse to it? By Al l ah, I certainl y wil l
narrate itto you. "
(21) CHAPTER. Spilling wine on the way
2464. Narrated Anas i I was the
butl er of the peopl e in the house of AbU
Tal ba, and in those days drinks were
prepared from dates. Al l ah's Messenger
ordered somebody to announce that
al cohol ic drinks had been prohibited. AbU
Tal ba ordered me to go outand spil l the
wine. I wentoutand spil l ed it, and itfl owed
in the streets of A]-Madina. Some peopl e
said, "Some peopl e were kil l ed and wine was
stil l in their stomachs." On thatthe Divine
revel ation came:
"Those who bel ieve and do righteous
good deeds, there is no sin on them for
whatthey ate (in the past). . . . . (V.5 :93)
Lle
0 jj :
:
1 j
.j!
:)i1J
[oA
46- THE BOOK OFAL-MAZALIM (THE OPPRESSIONS) sit- 372
anr OOA. . t1' . t\V
(22) CHAPTER. W hat is said about the open
courtyards of houses and sitting in them,
and sitting on the ways.
Narrated 'Aishah : AbU Bakr
gota mosque constructed in frontof his
house and used to offer Salat (prayer) and
recite the Qur'n there. The women and
chil dren of the Mushri kun used to encircl e
him and were astonished athis behaviour.
The Prophetjwas staying atMakkah
during those days.
L- : The ProphetjW , said, "Beware! Avoid
sitting on the roads (ways) . " The peopl e said,
"There is no way outof itas these are our
sitting pl aces where we have tal ks. " The
Prophetsaid, "If you mustsitthere, then
observe the rights of the way. " They asked,
"W hatare the rights of the way?" He said,
"They are the l owering of your gazes (on
seeing whatis il l egal to l ook at), refraining
from harming peopl e, returning greetings,
enjoining A l-Ma 'ruf (i. e. , Isl amic
Monotheism and al l thatIsl am orders one
to do) and forbidding A l-Munkar (i. e. ,
pol ytheism, disbel ief, and al l thatIsl am has
forbidden). "
(23) CHAFFER. The digging of wells on the
ways (is permissible) if they do not cause
trouble to the people.
2466. Narrated Ab Hurairah i i
The Prophet4 said, "A man fel tvery thirsty
whil e he was on the way, there he came
across a wel l . He wentdown the wel l ,
quenched his thirstand came out.
46- THE BOOK OFAL-MAZALIM (THE OPPRESSIONS) Jl l ya -
I)
Meanwhil e he saw a dog panting and l icking
mud because of excessive thirst. He said to
himsel f, 'This dog is suffering from thirstas I
did. ' So, he wentdown the wel l again and
fil l ed his shoe with water and watered the
dog. Al l ah thanked him for thatdeed and
forgave him. The peopl e said, "0 Al l ah's
Messenger! Is there a reward for us in serving
the animal s?" He repl ied: "Yes, there is a
reward for serving any animate (l iving
being) . "
[See Hadi th No. 2363].
(24) CHAPTER. To remove harmful things
from the roads.
Narrated AbU Hurairah L The
Prophetsaid, "To remove harmful things
from the roads is Sadaqa (a charitabl e act) . "
(25) CHAPTER. (The permissibility of living
on) higher places of a house, looking upon
other houses or not looking upon other
houses, whether these places are on roofs
or not.
2467. Narrated Usma bin Zaid
L4i. : Once the Prophet;stood atthe top of
one of the castl es (or higher buil dings) of Al -
Madina and said, "Do you see whatI see? No
doubtI see the pl aces or spots of A l-Fi tan
(trial s and affl ictions) amongstyour houses
as numerous as the spots where rain-drops
fal l (during a heavy rain).
-ww
3)i :JU L
35k
L
[\AVA :-] ((. ii
iU Ll.~J
UjL
46-THE BOOK OFAL-MAZ4LIM (THE OPPRESSIONS) Ua -
2468. Narrated 'Abdul l h bin 'Abbs ;
L4: I: I had been eager to ask 'Umar
i aboutthe two l adies from among the wives
of the Prophetregarding whom Al l ah said
(in the Qur'an saying): "If you two (wives of
the Prophetnamel y 'Aishah hand Uafa
I turn in repentance to Al l ah (it
wil l be better for you), your hearts are indeed
so incl ined (to oppose whatthe Prophetit
l ikes). . ." (V. 66:4), til l I performed the Hajj
al ong with 'Umar. (And on our way back
from Hajj) he wentaside (to answer the cal l
of nature) and I al so wentaside al ong with
him carrying a tumbl er of water. W hen he
had answered the cal l of nature and
returned, I poured water on his hands from
the tumbl er and he performed abl ution. I
said, "0 chief of the bel ievers!" W ho were
the two l adies from among the wives of the
Prophet , to whom Al l ah said:
'If you two (wives of the Prophet
namel y 'Aishah and IrIafa 41 i
turn in repentance to Al l ah, (itwil l be better
for you), your hearts are indeed go incl ined
(to oppose whatthe Prophet

l ikes)
(V. 66:4) He said, "I am astonished atyour
question, 0 Ibn 'Abbs. They were 'Aishah
and Hafsa L4 ." Then 'Umar wenton
rel ating the narration and said, "I and an
Ansari neighbour of mine from Ban! Umaiyya
bin Zaid who used to l ive in 'A wli A l-
Madina, used to visitthe Prophet0, in turns.
He used to go one day, and I another day.
W hen I went, I woul d bring him the news of
whathad happened thatday regarding the
instructions and orders, and when he went,
he used to do the same for me. W e, the
peopl e of Quraish, used to have authority
over women, butwhen we came to l ive with
the A nsar, we noticed thatthe A nsari women
had the upperhand over their men, so our
women started acquiring the habits of the
46- THE BOOK OF A L-MAZ LIM (THE OPPRESSIONS) - 375
I
A nsari women. Once I shouted atmy wife
and she shouted back atme in return and I
disl iked thatshe shoul d answer me back. She
said, 'W hy do you take itil l thatI retortupon
you? By Al l ah, the wives of the Prophet
retortupon him, and some of them may not
speak with him for the whol e day til l night. '
W hatshe said scared me and I said to her,
'W hoever amongstthem does so, wil l be a
greatl oser. ' Then I dressed mysel f and went
to Uafa and asked her, 'Does any of you
keep Al l ah's Messenger angry al l the day l ong
til l night?' She repl ied in the affirmative. I
said, 'She is a ruined l osing person (and wil l
never have success)! Doesn'tshe fear that
Al l ah may getangry for the anger of Al l ah's
Messenger ;and thus she wil l be ruined?
Don'task Al l ah's Messenger too many
things, and don'tretortupon him in any case,
and don'tdeserthim. Demand from me
whatever you l ike, and don'tbe tempted to
imitate your neighbour (i. e. , 'Aishah) in her
behavior towards the Prophetfor she
(i. e. , 'Aishah) is more beautiful than you,
and more bel oved to Al l ah's Messenger '.
In those days itwas rumoured thatGhassan,
(a tribe l iving in Sham) was getting prepared
their horses to invade us. My companion
went(to the Prophet
*)
on the day of his
turn, wentand returned to us atnightand
knocked atmy door viol entl y, asking whether
I was sl eeping. I was scared (by the hard
knocking) and came outto him. He said that
a greatthing had happened. I asked him:
'W hatis it? Have Ghassan come?' He repl ied
thatitwas worse and more serious than that,
and added thatAl l ah's Messenger had
divorced al l his wives. I said, 'Hafsa is a
ruined l oser! I expected thatitwoul d happen
some day. ' So I dressed mysel f and offered
the Fajr (prayer) with the Prophet;. Then
the Prophetentered an upper room and
46- THE BOOK OFAL-A'L4Z4LIM (THE OPPRESSIONS) JUJl
- ((37611
stayed there al one. I wentto Uafa and
found her weeping. I asked her, 'W hy are
you weeping? Didn'tI warn you? Have
Al l ah's Messenger divorced you al l ?' She
repl ied, 'I don'tknow. He is there in the
upper room. ' I then wentoutand came to the
pul pitand found a group of peopl e around it
and some of them were weeping. -: Then I sat
with them for some time, butcoul d not
endure the situation. So, I wentto the upper
room where the Prophetwas and
requested to a bl ack sl ave of his: 'W il l you
getthe permission of (Al l ah's Messenger) for
'Umar (to enter)?' The sl ave wentin, tal ked
to the Prophetaboutitand came out
saying, 'I mentioned you to him buthe did
notrepl y. ' So, I wentand satwith the peopl e
who were sitting by the pul pit, butI coul d not
bear the situation, so I wentto the sl ave again
and said: 'W il l you getthe permission for
'Umar?' He wentin and broughtthe same
repl y as before. W hen I was l eaving, behol d,
the sl ave cal l ed me saying, 'Al l ah's
Messenger has granted you permission. '
So, I entered upon the Prophetand saw
him l ying on a matwithoutbedding on it, and
the mathad l eftits mark on the body of the
Prophet, and he was l eaning on a l eather
pil l ow stuffed with pal m fibres. I greeted him
and whil e stil l standing, I said: 'Have you
divorced your wives?' He raised his eyes to
me and repl ied in the negative. And then
whil e stil l standing, I said chattingl y: 'W il l
you heed whatI say, 0 Al l ah's Messenger!
W e, the peopl e of Quraish used to have the
upper hand over our women (wives), and
when we came to the peopl e whose women
had the upper hand over them,. . . ' " 'Umar
tol d the whol e story (abouthis wife). "On
thatthe ProphetjW smil ed. " 'Umar further
said, "I then said, 'I wentto Uafa and said
to her: Do notbe tempted to imitate your
46-THE BOOK OFAL-MAZ4LIM (THE OPPRESSIONS)
companion ('Aishah) for she is more
beautiful than you and more bel oved to the
Prophet;. ' The Prophet;smil ed again.
W hen I saw him smil ing, I satdown and cast
a gl ance atthe room, and by Al l ah, I coul dn't
see anything of importance butthree hides. I
said (to Al l ah's Messenger )'Invoke Al l ah
to make your fol l owers prosperous for the
Persians and the Byzantines have been made
prosperous and given worl dl y l uxuries,
though they do notworship Al l ah?' The
Prophet
;
was l eaning then (and on hearing
my speech he satstraight) and said, '0 Ibn
Al -KhattAb! Do you have any doubt(thatthe
Hereafter is better than this worl d)? These
peopl e have been given rewards of their good
deeds in this worl d onl y. ' I asked the Prophet
, 'Pl ease ask Al l ah's Forgiveness for me. '
The Prophetdid notgo to his wives
because of the secretwhich Hafsa had
discl osed to 'Aishah and he said thathe
woul d notgo to his wives for one month as he
was angry with them when Al l ah admonished
him (for his oath thathe woul d notapproach
Maria). W hen twenty-nine days had passed,
the Prophetwentto 'Aishah firstof al l .
She said to him, 'You took an oath thatyou
woul d notcome to us for one month, and
today onl y twenty-nine days have passed, as I
have been counting them day by day. ' The
ProphetjW , said, 'The month is al so of
twenty-nine days. ' Thatmonth consisted of
twenty-nine days. 'Aishah said, 'W hen the
Divine Revel ation of "choice" was reveal ed,
the Prophetstarted with me, saying tome,
'I am tel l ing you something, butyou needn't
hurry to give the repl y til l you consul tyour
(1) (H. 2468) The Prophetjgtwas al one with Maria on the day thatwas devoted to
'Aishah. W hen Uafsa l earned that, the Prophettol d her to keep thatas a secretand
promised thathe woul d notcome near Maria. Butkl afa discl osed the secretto
'Aishah who gotangry and then provoked the Prophetwho took an oath thathe
woul d deserther for one month.
46- THE BOOK OFAL-MALIM (THE OPPRESSIONS) JUgJI 6ja - 378
parents. ' 'Aishah knew thather parents
woul d notadvise her to partwith the
Prophet. The Prophetsaid thatAl l ah

had said: '0 Prophet(Muhammad )! Say
to your wives. . (up to). . an enormous
reward. ' (V. 33:28) 'Aishah said, 'Am I to
consul tmy parents aboutthis? I indeed
prefer Al l ah, His Messenger &, and the
home of the Hereafter. ' After thatthe
Prophet jLhr gave the choice to his other
wives and they al so gave the same repl y as
'Aishah did."
2469. Narrated Anas Z u . . a;: Al l ah's
Messenger took an oath thathe woul d not
go to his wives for one month as his foothad
been sprained. He stayed in an upper room
when 'Umar wentto him and said, "Have
you divorced your wives?" He said, "No, but
I have taken an oath thatI woul d notgo to
them for one month." The Prophetstayed
there for twenty-nine days, and then came
down and wentto his wives.
(26) CHAPTER. W hoever tied his camel at
the pavement (of the mosque) or at the gate
of the mosque.
2470. Narrated Jbir The

ProphetjW , entered the mosque, and I, too,
wentthere after tying the camel atthe
pavementof the mosque. I said (to the
Prophet), "This is your camel ." He came
outand started examining the camel and
46THE BOOK OF A L-MAZ LIM
(THE OPPRESSIONS) JU - 379
said, "Both the camel and its price are for
L. ULi
you. " ft -
J 5LJI Z_- U
r -
p
J U
(27) CHAPTER. Standing and urinating at !LP Jj. Jl j41L. f (''V)
the dumps of some people.
2471. Narrated Hudhaifai,. ;:Isaw

Al l ah's Messenger coming (or the Prophet

came) to the dumps of some peopl e and

urinated there whil e standing. 4. aJJ. . .
41fl
J )
I, i :J
. LJL
(28) CHAPTER. (The reward of him) who t.o, J3 i-I 6'JL.a (TA)
removes a branch of a tree or any other thing
- "'
which harms the people from the way.
2472. Narrated AbtiHurairah,;:
' _L L.
- y ivy
Al l ah's Messenger said, "W hil e a man was

L
on the way, he found a thorny branch of a
-
tree there on the way and removed it. Al l ah
)
thanked him for thatdeed and forgave him. "
-
Li I "

J
[i o :-,]
(29) CHAPTER. W hen there is a dispute JIJI 1j aLa ( i )
about a public way and the owner of the land

wishes to build (something), he should leave -
seven cubits for the people to pass through. 3)i 4i t4i . L) -
2473. Narrated Ab Hurairah i t -
The Prophetjudged thatseven cubits
shoul d be l eftas a publ ic way when there was

46- THE BOOK OFAL-MAZALIM (THE OPPRESSIONS) - 380
a dispute aboutthe l and.
(30) CHAPTER. Robbing (taking away
somebody's property publicly by fore'
without his permission).
'Ubada said, "W e gave the Bai a (pl edge)
to the Prophetitthatwe woul d notcommit
robbery. "
2474. Narrated 'Abdul l h bin Yazid Al -
Anri: The Prophet, forbade robbery
(taking away whatbel ongs to others by force
withouttheir permission), and al so forbade
mutil ation (or maiming) of bodies.
The Prophetsaid, "W hen an adul terer
commits il l egal sexual intercourse, then he is
nota bel iever atthe time he is committing it,
and when a drinker of an al cohol ic l iquor
drinks it, then he is nota bel iever atthe time
of drinking it, and when a thief steal s, then
he is nota bel iever atthe time of steal ing,
and when a robber robs, and the peopl e l ook
athim, then he is nota bel iever atthe time of
committing robbery.
:3 i in
Li 1 L
46- THE BOOK OF A L-MA ZLIM (THE OPPRESSIONS) - 1 381
(31)
CHAPTER. The breaking of the cross
and the killing of the pigs.
2476. Narrated Ab Hurairah
Al l ah's Messenger tti said, "The Hour wil l
notbe establ ished until the son of Mary [i. e. ,
'l esa (Jesus) _Ji ) descends amongstyou
and wil l judge mankind justl y by the Law of
the Qur'an (as a justrul er);he wil l break the
cross, kil l the pigs, and abol ish the J i zya
tax. Money wil l be in abundance so that
nobody wil l acceptit(as charitabl e gifts)
(See H. 2222)
[See Fat/i A l-Ban]
(32)
CHAPTER. (Is it permissible) to break
the pots containing wine, or tear the leather
containers holding wine? If one breaks an
idol, a cross, or a drum (for amusement), or
any other thing, the wood of which is useless
(should one give a compensation)?
A case of a drum broken by somebody was
presented to Shuraib who did notimpose a
compensation on the person who had broken
it.
Z
: On the day (the battl e) of Khaibar the
Prophet, saw fires being l ighted. He asked,
"W hy are these fires being l ighted?" The
peopl e repl ied thatthey were cooking the
meatof donkeys. He iW , said, "Break the pots
and throw away their contents." The peopl e
(1) (H. 2476) The J i zya
is a tax imposed on non-Musl ims who woul d keep their own
rel igion rather than embrace Isl am, this wil l notbe accepted by 'l esa (Jesus)
LJ
butal l peopl e wil l be required to embrace Isl am and there wil l be no other al ternative.
J\JI
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46 - TE LE BOOK OFAL-MAZALIM (THE OPPRESSIONS) - 382
said, 'Shal l we throw away their contents and
wash the pots (rather than break them)?" He
said, "W ash them. "
2478. Narrated 'Abdul l h bin Mas'fl d
i: The Prophetentered Makkah and
(atthattime) there were three hundred and
sixty idol s around the Ka'bah. He started
stabbing the idol s with a stick he had in his
hand and reciting:
"And say Truth (i. e. , Isl amic
Monotheism or this Qur'an or J i had against
pol ytheists) has come and Bati l (fal sehood,
i. e. , Satan or pol ytheism) has vanished. "
(V. 17:81)
2479. Narrated Al -Qsim: 'Aishah i
said thatshe hung a curtain decorated
with pictures on a cupboard. The Prophet
tore thatcurtain and she turned itinto two
cushions which remained in the house for the
Prophetto siton.
(33) CHAPTER. (W hat is said about) one
who fights to protect his property?
2480. Narrated'Abdu1l hbin'Amri, tii. -
L. 4iJ: I heard the Prophetsaying,
:JU
t.4
4
JLA
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46-THE BOOK OFAL-MAZALIM (THE OPPRESSIONS) JUa - 383
"W hoever is kil l ed whil e protecting his
property, then he is a martyr. "
(34) CHAFFER. If a person breaks a wooden
bowl or something else belonging to
somebody, (should he give a compensation)?
2481. Narrated Anas i W hil e the
Prophetwas with one of his wives, one of
the Mothers of the bel ievers (i. e. , one of his
wives) senta wooden bowl containing food
with a servant. The wife (in whose house he
was sitting) stroke the bowl with her hand and
broke it. The Prophetcol l ected the
shattered pieces and putthe food back in it
and said, "(Hel p yoursel ves and) eat. " He
keptthe servantand the bowl til l he had
eaten the food. Then the Prophetgave
another unbroken bowl to the servantand
keptthe broken one.
(35) CHAPTER. If one pulls down a wall,
one should build a similar one in its place.
Al l ah's Messenger said, "There was an
Israel i man cal l ed Juraij, whil e he was
offering prayer, his mother came and cal l ed
him, buthe did notrespond to her cal l . He
said (to himsel f) whether he shoul d continue
the prayer or repl y to his mother. She came
to him the second time and cal l ed him and
r
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/)
J t
:}c-;
46THE BOOK OFAL-MAZALIM (THE OPPRESSIONS) I 6
.
ja - 384
said. '0 Al l ah! Do notl ethim die until he
sees the faces of prostitutes. ' Juraijused to
l ive in a hermitage. A woman said thatshe
woul d entice Juraij, so she wentto him and
presented hersel f (for an evil act) buthe
refused. She then wentto a shepherd and
al l owed him to commitan il l egal sexual
intercourse with her and l ater she gave birth
to a boy. She al l eged thatthe baby was from
Juraij. The peopl e wentto Juraijand broke
down his hermitage, pul l ed him outof itand
abused him. He performed abl ution and
off'' he prayer, then he wentto the mal e
(baby) and asked him: '0 boy! W ho is your
father?' The baby repl ied thathis father was
the shepherd. The peopl e said thatthey
woul d buil d for him a hermitage of gol d but
Juraijasked them to make itof mud onl y. "
(See H. 3436)
47- THE BOOK OF PARTNERSHIP isj. . W 6ja - 385
47- THE BOOK OF PARTNERSHIP
(1) CHAPTER. About (sharing) meals and
the Nahd (i.e., sharing the expenses of a
journey or putting the journey food of the
travellers together to be distributed among
them in equal shares) and 'Urd (i.e.,
sharing other goods).
And how to divide whatcan be measured
or weighed i. e. , withoutmeasuring or
weighing it;or by measuring or weighing it.
Musl ims see no harm in practising Nahd
by which some (the partners) may eatso
much, and some may eatso much of the food
(withoutmeasuring or weighing it). And
whataboutdistributing gol d and sil ver
withoutweighing them, and abouteating
two dates ata time (when sharing a meal ).
L4: "Al l ah's Messenger sentan army
towards the sea coastand appointed Abu
'Ubaida bin Al -Jarrh as their chief, and the
army consisted of three hundred men
incl uding mysel f. W e marched on til l we
reached a pl ace where our food was aboutto
finish. AbU 'Ubaida ordered us to col l ectal l
the journey food and itwas col l ected. My
(our) journey food was dates. Abu 'Ubaida
kepton giving us our dail y ration in smal l
amounts from it, til l itwas exhausted. The
share of everyone of us used to be one date
onl y. " I said, "How coul d one date benefit
you?" Jbir repl ied, "W e came to know its
val ue when even thattoo finished. " Jabir
added, "W hen we reached the sea-shore, we
saw a huge fish which was l ike a smal l
mountain. The army ate from itfor
eighteen days. Then Ab 'Ubaida ordered
thattwo of its ribs be fixed and they were
fixed in the ground. Then he ordered thata
she-camel be ridden and itpassed under the
47-THE BOOK OF PARTNERSHIP j.ith 60a - 386
two ribs (forming an arch) withouttouching
them."
2484. Narrated Sal ama Z ii Once
the journey-food diminished and the peopl e
were reduced to poverty. They wentto the
ProphetQtand asked his permission to
sl aughter their camel s, and he permitted
them. Umar metthem and they
tol d him aboutit, and he said, "How woul d
you survive after sl aughtering your camel s?"
Then he wentto the Prophetand said, "0
Al l ah's Messenger! How woul d they survive
after sl aughtering their camel s?" Al l ah's
Messenger ordered 'Umar, "Cal l upon
the peopl e to bring whathas remained of
their food." A l eather sheetwas spread and
al l the journey food was col l ected and heaped
over it. Al l ah's Messenger stood up and
invoked Al l ah to bl ess it, and then directed
al l the peopl e to come with their utensil s, and
they started taking from ittil l al l of them got
whatwas sufficientfor them. Al l ah's
Messenger then said: I testify that"La
i laha i l/allah (none has the rightto be
worshipped butAl l ah), and I am the
Messenger of Al l ah
2485. Narrated Rfi' bin KhadijI
$: W e used to offer the A sr prayer with the
Prophetand sl aughter a camel , the meat
of which woul d be divided in ten parts and we
woul d eatthe cooked meatbefore sunset.
-
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47- THE BOOK OF PARTNERSHIP Ziitil Ytr - 387
2486. Narrated Ab Musa Z The
Prophet
j;
said, "W hen the peopl e of
Ash'ari tribe ran shortof food during the
hol y battl es, or the food of their famil ies in
Al -Madina ran short, they woul d col l ectal l
their remaining food in one sheetand then
distribute itamong themsel ves equal l y by
measuring itwith a bowl . So, these peopl e
are from me, and I am from them. "
(2) CHAPTER. Partners possessing joint
property (sheep) have to pay its Zakat
equally.")
2487. Narrated Anas thatAbU Bakr As-
iddIq wrote to him the l aw of Zakat which
was made obl igatory by Al l ah's Messenger
. He wrote: Partners possessing joint
property (sheep) have to pay its Zakat
equal l y.
(3) CHAPTER. Division of sheep.
2488. Narrated 'Abaya bin Rif'a bin
Rafi' bin Khadij: My grandfather said, "W e
were in the company of the Prophetat
Dhul -Il ul aifa. The peopl e were struck with
hunger and captured some camel s and sheep
(as booty). The Prophet4&was behind the
peopl e. They hurried and sl aughtered the
animal s and puttheir meatin pots and
started cooking it. (W hen the Prophet
.L4....4 -
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(1) (Ch. 2) Equal l y means: As one owner (of sheep) as regards the Zakt
47--THE BOOK OF PARTNERSHIP
- 388
came) he ordered the pots to be upset(') and
then he distributed the animal s (of the
booty), regarding ten sheep as equal to one
camel . One of the camel s fl ed and the peopl e
ran after ittil l they were exhausted. Atthat
time there were few horses. A man threw an
arrow atthe camel , and Al l ah stopped the
camel with it. The Prophet;said, 'Some of
these animal s are l ike wil d animal s, so if you
l ose control over one of these animal s, treat
itin this way (i. e. , shootitwith an arrow)' . "
My grandfather added, "W e were afraid
thatwe may meetthe enemies in the future
and have no knives;[we asked the Prophet
], 'can we sl aughter the animal s with
reeds?'" The Prophetfjsaid, "Use
whatever causes bl ood to fl ow, and eatthe
animal s if the Name of Al l ah has been
mentioned on sl aughtering them. Do not
sl aughter with teeth or fingernail s and I wil l
tel l you why: Itis because teeth are bones
(i. e. , cannotcutproperl y) and fingernail s are
the tool s used by the Ethiopians (whom we
shoul d notimitate for they are infidel s)
(4) CHAPTER. A partner sharing a meal
should not eat two dates at a time unless he
gets the permission of his partner.
2489. Narrated Ibn 'Umar L4L
The Prophetdecreed thatone shoul d not
eattwo dates together ata time unl ess he gets
the permission from his companions (sharing
the meal with him).
[oottotr
j.
L4iI
: tA
:3LL
L.)
:
2490. Narrated Jabal a: W hil e atAl -
(1) (H. 2488) The Prophett4 did notagree to their sl aughtering the animal s of the booty
before distributing them among the sol diers.
47- THE BOOK OF PARTNERSHIP -
L8
II
Madina we were struck with famine. Ibn Az-
Zubair used to provide us with dates as our
food. Ibn 'Umar used to pass by us and say,
"Don'teattwo dates together ata time as the
Prophet0, has forbidden eating two dates
together ata time (in a gathering) unl ess one
takes the permission of one's companion
brother. "
(5) CHAPTER. To get a joint property
evaluated with an adequate price.
t4i said, "Al l ah's Messenger said, 'If one
manumits his share of a jointl y possessed
sl ave, and can afford the price of the other
share according to the adequate price of the
sl ave, the sl ave wil l be compl etel y
manumitted;otherwise he wil l be partial l y
manumitted. '"
(Ayyab, a subnarrator is notsure whether
the saying ". . . otherwise he wil l be partial l y
manumitted" was said by Nfi' or the
Prophetg).
The ProphetjW . said, "W hoever manumits
his share of a jointl y possessed sl ave, itis
imperative for him to getthatsl ave
manumitted compl etel y by paying the
remaining price, and if he does nothave
sufficientmoney to manumithim, then the
price of the sl ave shoul d be estimated justl y,
and he (the sl ave) is to be al l owed to work
and earn the amountthatwil l manumithim
(withoutoverburdening him)".
47THE BOOK OF PARTNERSHIP - 390
(6) CHAPTER. Can one draw Lots for
divisions and shares?
2493. Narrated An-Nu'man bin Bashir
L4i i)i The Prophet;said, "The
exampl e of the person abiding by Al l ah's
Orders and Restrictions in comparison to
those who viol ate them is l ike the exampl e of
those persons who drew l ots for their seats in
a ship Some of them gotseats in the upper
part, and the others in the l ower. W hen the
l atter needed water, they had to go up to
bring water (and thattroubl ed the others), so
they said, 'Letus make a hol e in our share of
the ship (and getwater) saving those who are
above us from troubl e. So, if the peopl e in
the upper partl eftthe others do whatthey
had intended, al l of them woul d be perished,
butif they prevented them (from doing so),
both parties woul d be saved. "
(7) CHAPTER. The partnership of orphans
and other inheritors.
2494. Narrated 'Urwa bin Az-Zubair that
he had asked 'Aishah 4- Zii aboutthe
meaning of the Statementof Al l ah 3:
"And if you fear thatyou shal l notbe abl e
to deal . justl y. . . (up to). . . or four. . . . . (V. 4:3)
She said, "0 my nephew! This is aboutthe
orphan girl who l ives with her guardian and
shares his property. Her weal th and beauty
may tempthim to marry her withoutgiving
her an adequate Mahr (bridal -money) which
mighthave been given by another suitor. So,
such guardians were forbidden to marry such
47-THE BOOK OF PARTNERSHIP
- 391
orphan girl s unl ess they treated them justl y
and gave them the mostsuitabl e Mahr
otherwise they were ordered to marry any
other woman." 'Aishah further said, "After
thatVerse the peopl e again asked the
Prophet(aboutthe marriage with orphan
girl s), so Al l ah JLz reveal ed the fol l owing
Verses:
'They ask your l egal instruction
concerning women. . . (up to). . . and yet
whom you desire to marry. . . ' (V. 4:127)
W hatis meantby Al l ah's Saying:
'And aboutwhatis recited unto you' is the
former Verse which goes:
'And if you fear thatyou shal l notbe abl e
to deal justl y with the orphan girl s, then
marry (other) women of your choice. . . '
'Aishah said, "Al l ah's Saying in
the other Verse:
'. . . Yetwhom you desire to marry. . . '
means the desire of the guardian to marry
an orphan girl under his supervision when she
has notmuch property or beauty (in which
case he shoul d treather justl y). The
guardians were forbidden to marry the
orphan girl s under their care pcssessing
property and beauty withoutbeing justto
them, as they general l y refrain from marrying
them (when they are neither beautiful nor
weal thy) . "
[i10
47-THE BOOK OF PARTNERSHIP 6
.
jts - 392
(8) CHAPTER. Sharing land, etc.
2495. Narrated Jbir bin 'Abdul l h . 0
.41:The Prophet;establ ished the rightof
huf'a (i. e. , pre-emption) in joint
properties;butwhen the l and is divided
and Ihe ways are demarcated, then there is
no pre-emption.
(9) CHAPTER. If partners divide the
houses, etc., none of them has the right of
backing out or the right of pre-emption.
L4i: The Prophetsaid, "The rightof pre-
emption is val id in every jointproperty, but
wher the l and is divided and the way is
demarcated, then there is no rightof pre-
emption."
(10) CHAPTER. Sharing gold, silver and
other articles used in money exchange.
2497, 2498. Narrated Sul aiman bin AbU
Musl im: I asked AbU Minhl aboutmoney
exchange from hand to hand. He said, "I and
a partner of mine boughtsomething partl y in
cash and partl y on credit. " Al -Bar' bin 'Azib
passed by us and we asked aboutit. He
repl ied, "I and my partner Zaid bin Al -
Arqam did the same and then wentto the
ProphetjW and asked him aboutit. He ti
J
said, 'Take whatwas from hand to hand and
l eave whatwas on credit. '"
47-THE BOOK OF PARTNERSHIP isi.Ail 6ja - 393
(11) CHAPTER. Partnership with a Qijimmi
(A Jew or a Christian under the protection of
a Muslim Government and A l-Mushirkn
(polytheists, idolaters, pagans) in share-
cropping.
2499. Narrated 'Abdul l h ZI
Al l ah's Messenger rented the l and of
Khaibar to the Jews on the condition that
they woul d work on itand cul tivate itand
take hal f of its yiel d.
(12) CHAPTER. Distribution of sheep and
dividing them justly.
2500. Narrated 'Uqba bin 'Amir s i
thatAl l ah's Messenger ;gave him some
sheep to distribute among his companions in
order to sacrifice them and a kid was l eft. He
tol d the Prophet, aboutitand the Prophet
iW said to him, "Sacrifice iton your behal f. "
(13) CHAPTER. The sharing of food, etc
Itis said thata man offered some price for
something and another man signal l ed him to
buy it. W hen 'Umar noticed that, he
47- THE BOOK OF PARTNERSHIP ZJ. . W 1 6ja - 394
considered the second man as a partner of
the first.
2501, 2502. Narrated 'Abdul l ah bin
Hishm, thathis mother Zainab bint
Uumaid took him to the Prophetand
said, '0 Al l ah's Messenger! Take the Bai a
(pl edge) from him." Buthe said, "He is stil l
too young for the pl edge," and passed his
hand on his (i. e. , 'Abdul l ah's) head and
invoked for Al l ah's Bl essing for him. Zuhra
bin Ma'bad stated thathe used to go with his
grandfather, 'Abdul l h bin Hisham, to the
marketto buy foodstuff. Ibn 'Umar and Ibn
Az-Zubair woul d meethim and say to him,
"Be our partner, as the Prophetinvoked
Al l ah to bl ess you. " So, he woul d be their
partner, and very often he woul d win a
camel 's l oad and send ithome.
(14) CHAPTER. Sharing the slaves.
2503. Narrated Ibn 'Umar L4!i. i
The Prophetjsaid, "W hoever manumits
imperative on him to manumitthe sl ave
compl etel y if he has sufficientmoney to pay
the restof its price which is to be estimated
justl y. He shoul d pay his partners their shares
and rel ease him."
47- THE BOOK OF PARTNERSHIP 1il ya - Lv 395
The Prophet;said, "W hoever manumits
essential for him to manumitthe sl ave
compl etel y if he has sufficientmoney.
Otherwise he shoul d l ook for some work for
the sl ave (to earn whatwoul d enabl e him to
emancipate himsel f), withoutoverburdening
him with work. "
(15) CHAPTER. Sharing the Hady and
Budn. (Is it permissible for one) to share
the Hadywith somebody else after it has been
slaughtered?
2505, 2506. Narrated Ibn 'Abbas
L4.L: The Prophetjjo (al ong with his
companions) reached Makkah in the
morning of the fourth of Dhul -I3ijjah
assuming Ihram for Hajj onl y. So when we
arrived atMakkah, the Prophetordered
us to change our intentions of the Itjram for
'Umra and thatwe coul d finish our Ihram
after performing the 'Umra and coul d go to
our wives (for sexual intercourse). The
peopl e began tal king aboutthat(') . Jbir
said surprisingl y, "Shal l we go to Mina
whil e semen is dribbl ing from our mal e
organs?
,(2)
JAbir moved his hand whil e
saying so. W hen this news reached the
Prophethe del ivered a
Ichutba
(rel igious
tal k) and said, "I have been informed that
some peopl e were saying so-and-so. By Al l ah
I fear Al l ah more than you do, and am more
obedientto Him than you. If I had known
whatI know now, I woul d nothave brought
(1) (H. 2505) Peopl e thoughtthatitwas sinful to perform 'Umra during the months of
Hajj, so when the Prophet. ordered them to perform 'Umra with Hajj (i. e. ,
Uajj-at-
Tamattu'), they were astonished.
(2) (H. 2505) Jabir thoughtthatitwoul d be inconvenientto assume J hram for J lajj and go
to Mina shortl y after having had sexual rel ation with one's wife.
47- THE BOOK OF PARTNERSHIP - 396
the Hady (sacrifice) wits me and had the
Hady notbeen with me, I woul d have
finished the Ihram." Atthat, Suraqa bin
Mal ik stood up and asked, "0 Al l ah's
Messenger! Is this permission for us onl y or
is itforever?" 'i'l ie ProphetjW, repl ied, "Itis
forever. " In the meantime 'Al l bin AN Tal ib
came from Yemen and was saying Labbai k
for whatthe Prophethas intended.
(According to another man, 'Al l was saying
Labbai k for Ijaff simil ar to Al l ah's Messenger
The Prophettol d him to keep on the
Ihram and l ethim share the Hadywith him.
(16) CHAPTER. W hoever regarded ten
sheep as equal to one camel in distribution.
2507. Narrated 'Abaya bin RifA'a: My
grandfather, Rafi' bin Khadiji ;said,
"W e were in the val l ey of Dhul -Uul aifa of
TihAma in the company of the Prophetj
and had some camel s and sheep (of the
booty). The peopl e hurried (in sl aughtering
the animal s) and puttheir meatin the pots
and started cooking. Al l ah's Messenger
came and ordered them to upsetthe pots,
and distributed the booty considering one
camel as equal to ten sheep. One of the
camel s fl ed and the peopl e had onl y a few
horses, so they gotworried. (The camel was
chased and) a man stopped the camel by
throwing an arrow atit. Al l ah's Messenger ,
said, 'Some of these animal s are untamed
l ike wil d animal s, so if anyone of them went
outof your control , then you shoul d treatit
as you have done now. " My grandfather
said, "0 Al l ah's Messenger! W e fear thatwe
47- THE BOOK OF PARTNERSHIP 4j1 6
.
ja - Lv
may meetour enemy tomorrow and we have
no knives, coul d we sl aughter the animal s
with reeds?" The Prophetj4tsaid, "Yes, or
you can use whatwoul d make bl ood fl ow
(sl aughter) and you can eatwhatis
sl aughtered and the Name of Al l ah is
mentioned atthe time of sl aughtering. But
don'tuse teeth or fingernail s (in
sl aughtering). I wil l tel l you why, as for
teeth, they are bones, and fingernail s are
used by Ethiopians for sl aughtering."
[See Had[h No. 2488]
['tAA
48-- THE BOOK OF MORTGAGING
- LA 398
48- THE BOOK OF MORTGAGING
- Us
IN PlACES OCCUPIED BY SETTLED
POPULATION (TOW NS, CITIES, ETC.)
(1) CHAPTER. The mortgaging in places
occupied by settled population and the
Statement of Allah J14:
"And if you are on a journey and cannot find
a scribe, then let there be a pledge taken
(i.e., mortgaging)...
" (V.2:283)
2508. Narrated Aims !$ ZI
No
doubt, the Prophetmortgaged his
armour for barl ey grains. Once, I took
barl ey bread with some dissol ved faton itto
the Prophetand I heard him saying, "The
househol d of Muhammad () did not
possess excepta S' (of food grain, barl ey,
etc. ) for both the morning and the evening
meal s, al though they were nine houses."
(2) CHAPTER. Mortgaging an armour.
2509. Narrated ' ishah The
Prophet;boughtsome foodstuff on credit
for a l imited period and mortgaged his
armour for it.
(3) CHAPTER. Mortgaging the arms.
4L: Al l ah's Messenger said, "W ho
woul d kil l Ka'b bin A1-Ashraf as he has
48- THE BOOK OF MORTGAGING
- LA 399
harmed Al l ah and His Messenger ?"
Muhammad bin Masl ama (gotup and) said
"I wil l kil l him. " So, Muhammad bin
Masl ama wentto Ka'b and said, "I wanta
l oan of one or two Wasqof foodgrains . " Ka'b
said, "Mortgage your women to me. "
Muhammad bin Masl ama said, "How can
we mortgage our women, and you are the
mosthandsome among the Arabs?" He said,
"Then mortgage your sons to me. "
Muhammad said, "How can we mortgage
our sons, as the peopl e wil l abuse them for
being mortgaged for one or two
Wasq of
foodgrains? Itis shameful for us. Butwe wil l
mortgage our arms to you." So, Muhammad
bin Masl ama promised him thathe woul d
come to him nexttime. They (Muhammad
bin Masl ama and his companions) came to
him as promised and murdered him. Then
they wentto the Prophetand tol d him
aboutit.
(4) CHAPTER. It is permissible to mortgage
an animal used for riding or milking.
Mugira narrated thatIbrAhim said: One
can ride and mil k the l ostanimal in
proportion to the amountof food one gives
to it;this is val id al so for mortgaged animal s.
2511. Narrated Aba Hurairahl
The Prophet;said, "One can ride the
mortgaged animal because of whatone
spends on it, and one can drink the mil k of
a mil ch animal as l ong as itis mortgaged
:jU fl
L
-
-
rr
:,Ji..]
2512. Narrated AbU Hurairah S$ i
Al l ah's Messenger said, "The mortgaged
animal can be used for riding as l ong as itis
:3JI I :JU
48-THE BOOK OF MORTGAGING 6ja - LA
PF1
fed;and the mil k of the mil ch animal can be
drunk according to whatone spends on it.
The one who rides the animal or drinks its
mil k shoul d pioide the expenditures."
(5) CHAPTER. Mortgaging things to Jews
and others.
2513. Narrated 'Aishah L+L4 Zi
Ml h's Messenger i* boughtsome
foodstuff from a Jew and mortgaged his
armour to him.
(6) CHAPTER. If a dispute arises between
the mortgagor and mortgagee, a proof is to
be provided by the plaintiff, otherwise the
defendant has to take an oath (if he insists
on denying the plaintiff's claim).
2514. Narrated Ibn AbU Mul aika: I wrote
a l etter to Ibn 'Abbas and he wrote to me that
the Prophethad given the verdictthatthe
defendanthad to take an oath.
2515, 2516. Narrated AbU W 'il :
'Abdul l h (bin Mas'Ud) . L i said,
"W hoever took a fal se oath in order to grab
somebody's property wil l meetAl l ah whil e
Al l ah wil l be angry with him. " Al l ah reveal ed
the fol l owing Verse to confirm that:
48- THE BOOK OF MORTGAGING ,Ji - LA 401
"Veril y, those who purchase a smal l gain
oaths, (to). . . painful torment." (V. 3:77)
Al -Ash'ath bin Qais came to us and asked
as to whatAbU Abdur-Rahman (i. e. , Ibn
Mas'Ud) was tel l ing us. " W e rel ated the story
to him. On thathe said, "He has tol d the
truth. This Verse was reveal ed aboutme. I
had some dispute with another man
regarding a wel l and we took the case
before Al l ah's Messenger . Al l ah's
Messenger said (to me), 'Produce two
witnesses (to supportyour cl aim);otherwise
the defendanthas the rightto take an oath
(to refute your cl aim). ' I said, 'The
defendantwoul d notmind to take a fal se
oath. ' Al l ah's Messenger jW , then said,
'W hoever took a fal se oath in order to grab
someone el se's property wil l meetAl l ah, and
Al l ah wil l be angry with him. ' Al l ah then
reveal ed whatconfirmed it." Al -Ash'ath then
recited the fol l owing Verse:
atthe costof Al l ah's Covenant, and their
oaths. . . (to). . . they shal l have a painful
torment!" (V. 3:77)
[See Ijadi tjj No. 2356, 2357]
YO\A
L
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3L)) :JU I (J 4.J :
U
49- THE BOOK OF MANUMISSION (OF SLAVES) ja - 402
49 THE BOOK OF MANUMISSION
(OF SLAVES)
manumission and its superiority
And the Statementof Al l ah 1 - :
"(Itis) freeing a neck (sl ave). Or giving
food in a day of hunger (famine), to an
orphan near of kin. '. . . (V. 90:13-15)
The Prophetsaid, "W hoever frees a
Musl im sl ave, Al l ah wil l save al l the parts
of his body from the (Hel l ) Fire as he has
manumitted the body-parts of the sl ave . "
SaId bin Marjana said thathe narrated
thatHadi th to 'Al i bin Al -Husain L4i
and he manumitted his sl ave for whom
'Abdul l h bin Ja'far had offered him ten
thousand Dirham or one thousand Dinar.
(2) CHAPTER. W hat is the best kind of
manumission (of slaves)?
2518. Narrated AbU Dhar : I
asked the Prophet, "W hatis the best
deed?" He repl ied, "To bel ieve in Al l ah and
to fightfor His Cause." I then asked, "W hat
is the bestkind of manumission (of sl aves)?"
He repl ied, "The manumission of the most
expensive sl ave and the mostbeloved by his
master. " I said, "If I cannotafford to do
that?" He said, "Hel p the weak or do good
for a person who cannotwork for himsel f. " I
said, "III cannotdo that?" He said, "Refrain
from harming others for this wil l be regarded
as a charitabl e deed for your own good. "
(3) CHAPTER. Manumitting slaves at the
time of eclipses, or on the appearance of
some other signs of Allah, is recommended.
2519. Narrated Asma' hintAbu Bakr
: The Prophetordered us to
manumitsl aves atthe time of sol ar ecl ipses.
2520. Narrated Asm' bin AbU Bakr
L. 4 i: W e were ordered to manumitsl aves
atthe time of l unar ecl ipses.
49- THE BOOK OF MANUMISSION (OF SLAVES) jaH yts - 403
[Al :. -I]
-
trj1
:41
JL
(4) CHAPTER. If one manumits a male slave
owned by two persons or a femal e sl ave
owned by a number of partners.
2521. Narrated Ibn 'Umar L I
The Prophet;said, "W hoever manumits a
sl ave owned by two masters, shoul d manumit
him compl etel y (notpartial l y) if he is rich
after having its price eval uated
49- THE BOOK OF MANUMISSION (OF SLAVES) ja. fl - 404
L_. 4. . L I: Al l ah's Messenger ;said,
"W hoever manumits his share of a jointl y
possessed sl ave and he has sufficientmoney
to manumithim compl etel y, shoul d l etits
price be estimated by a justman and give his
partners the price of their shares and
manumitthe sl ave;otherwise (i. e. , if he
has notsufficientmoney) he manumits the
sl ave partial l y. "
2523. Narrated Ibn 'Umar L Zi
Al l ah's Messenger jW said, "W hoever
manumits his share of a jointl y possessed
sl ave, then itis essential for him to getthat
sl ave manumitted compl etel y as l ong as he
has the money to do so. If he has not
sufficientmoney to pay the price of the other
shares (after the price of the sl ave is
eval uated justl y), the manumitter manumits
the sl ave partial l y in proportion to his share.
The Prophetsaid, "He who manumits his
share and has money sufficientto free the
remaining portion of thatsl ave's price (justl y
estimated) then he shoul d manumithim (by
giving the restof his price to the other co-
owners) . "
Nafi' added, "Otherwise the sl ave is
49- THE BOOK OF MANUMISSION (OF SLAVES) ji -
partial l y free. " Ayyub is notsure whether the
l aststatementwas said by Nafi' or itwas a
partof the IJ adi tli .
2525. Narrated Ibn 'Umar L41.
thathe used to give his verdictregarding the
mal e or femal e sl aves owned by more than
one master, one of whom may manumithis
share of the sl ave. Ibn 'Umar used to say in
such a case, "The manumitter shoul d
manumitthe sl ave compl etel y if he has
sufficientmoney to pay the restof the price
of thatsl ave (which is to be justl y estimated)
and the other share-hol ders are to take the
price of their shares and the sl ave is freed
(rel eased from sl avery) . " Ibn 'Umar narrated
this verdictfrom the Prophet;.
(5) CHAPTER. W hoever manumits his
portion of a common slave and does not
possess enough money to manumit him
completely, then that slave should be
helped to work without hardship to earn
what will enable him to get complete freedom
according to the writing (of emancipation).
2526. Narrated Ab Hurairah L
thatthe Prophet;said, "W hoever
-
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(-h)
js
:
3 ,
-
L- :3Li
L L7 LY
49THE BOOK OF MANUMISSION (OF SLAVES) j*fl
- P41
manumits his portion of a (jointl y possessed)
sl ave. . . "
2527. Narrated AbU Hurairah 'Zi Zi
The Prophetsaid, "W hoever manumits
his portion of a common sl ave shoul d
manumitthe sl ave compl etel y by paying the
restof his price from his money if he has
enough money;otherwise the price of the
sl ave is to be estimated and the sl ave is to be
hel ped to work withouthardship til l he pays
the restof his price."
(6) CHAPTER. W hat is said about
manumission and divorce by mistake or by
forgetfulness. Manumission of slave should
be for Allah's sake only.
The Prophetsaid, "Everybody wil l get
the reward according to whathe has
intended. " Doing things by forgetful ness or
by mistake is notregarded as intentional
action.
2528. Narrated AbU Hurairahtii
The Prophetsaid, "Al l ah has accepted my
invocation to forgive whatwhispers in the
hearts of my fol l owers, unl ess they putitto
action or utter it." (See Hadtth No. 6664 Vol . 8)
49 THE BOOK OF MANUMISSION (OF SLAVES) jaII
" -"
407
2529. Narrated 'Umar bin Al -Khattab
The ProphetjLhr, said, "The
(reward of) deeds depends on intentions,
and every person wil l getthe reward
according to whathe has intended. So,
whoever emigrates for Al l ah and His
Messenger, then his emigration wil l be for
Al l ah and His Messenger, and whoever
emigrates for worl dl y benefits or for a
woman to many then his emigration wil l be
for whathe emigrated for. "
[See Vol . 1,Hadi h No. 1]
(7) CHAPTER. If somebody says to his slave
that he is for Allah;and by that he intends to
manumit him (the slave is manumitted).
And the witness for manumission.
2530. Narrated Qais 4: W hen
Abu Hurairah accompanied by his sl ave set
outintending to embrace Isl am they l osteach
other on the way. The sl ave then came whil e
Abu Hurairah was sitting with the Prophet
. The Prophetsaid, "0 AbU Hurairah!
Your sl ave has come back. " Abu Hurairah
said, "Indeed, I woul d l ike you to witness
thatI have manumitted him. " That
happened atthe time when Ab Hurairah
recited (the fol l owing poetic verse):
'W hata l ong tedious tiresome night!
Neverthel ess, ithas del ivered us from the
l and of Kufr (disbel ief). '
Ds
,J1 iL
La :JU . Li
j4; 3u '
49THE BOOK OF MANUMISSION (OF SLAVES) jafl -
1408
On my way to the ProphetI was reciting:
'W hata l ong tedious tiresome night!
Neverthel ess, ithas del ivered us from the
l afl (1 of Kufr (disbel ief). '
I had a sl ave who ran away from me on the
wa). W hen I wentto the Prophetand gave
the Bai a (pl edge) for embracing Isl am, the
sl ave showed up whil e I was stil l with the
Prophetwho remarked, 110 Abu
Hurairah! Here is your sl ave!" I said, "I
manumithim for Al l ah's sake," and so I
manumitted him.
2532. Narrated Qais: W hen AbU
Hurairah i in accompanied by his
sl ave came intending to embrace Isl am,
they l osteach other on the way. (W hen the
sl ave showed up) Ab Hurairah said (to the
Prophet), "I make you witness thatthe
sl ave is free for Al l ah's Cause. "
(8) CHAPTER. Umm Al-Walad (i.e., a slave
woman who begets a child for her master).
tL. - yort
49-THE BOOK OF MANUMISSION (OF SLAVES) ji - 409
Narrated AbU Hurairah ,: The
Prophetsaid, "One of the portents of the
approaching of the Hour is thatthe sl ave
woman wil l begether own master. "
2533. Narrated ' ishah ii 'Utba
bin AN W aqqas authorized his brother Sa'd
bin AN W aqqds to take the son of the sl ave-
girl of Zam'a into his custody, tel l ing him
thatthe boy was his own (il l egal ) son. W hen
Al l ah's Messenger went(to Makkah) at
the time of the conquest, Sa'd took the son of
the sl ave-girl of Zam'a to Al l ah's Messenger
and al so brought'Abd bin Zam'a with him
and said, "0 Al l ah's Messenger! This is the
son of my brother 'Utba, who authorized me
to take him into my custody. " 'Abd bin
Zam'a said, "0 Al l ah's Messenger! He is my
brother, the son of Zam'a's sl ave-girl and he
was born on his bed." Al l ah's Messenger
casted a gl ance atthe son of the sl ave-girl of
Zam'a and noticed much resembl ance (to
'Utba). Al l ah's Messenger said, "Itis for
you, 0 'Abd bin Zam'a as he was born on the
bed of your father. " Al l ah's Messenger j
then said to Sauda bintZam'a: "Screen
yoursel f 0 Sauda bintZam'a from him (the
boy) ," as he noticed the boy's resembl ance to
'Utba and Sauda was the wife of the Prophet
. (See H. 4303).
(9) CHAFFER. The selling of a Mudabbar
(i.e., the slave who is declared by his master
to be manumitted after his master's death).
4. : A man amongstus decl ared thathis
49.- THE BOOK OF MANUMISSION (OF SLAVES) jW1 Li
P1
sl ave woul d be manumitted after his death.
The Prophetcal l ed for thatsl ave and sol d
him('). The sl ave died the same year.
L-LL :j
I :J
j
:- 31.; .0
(10) CHAPTER. The selling and conferring
on others of the Wal' of a manumitted
slave.
Al l ah's Messenger jW , forbade the sel l ing or
conferring on others of the Wa/a' of a
manumitted sl ave.
2536. Narrated 'Aishah I
boughtBarira, buther masters putthe
condition thather Wald' woul d be for them.
I tol d the Prophetaboutit. He said (to
me), "Manumither, as her Wa/a' wil l be for
the one who pays the price. " So, I
manumitted her. The Prophetcal l ed
Barira and gave her the option of either
staying with her husband or l eaving him. She
said, "Even if he gave me so much money, I
woul d notstay with him," and so she
preferred her freedom to her husband.
(11) CHAPTER. If the brother or the uncle
of somebody was taken as a war prisoner,
then can he ransom him if he is a Mushrik?
Narrated Anas L AI-'Abbas said
(1) (H. 2534) The l iberator was needy, so the Prophet. * _ , the sl ave for him, permitting
him to cancel his promise of manumitting the sl ave after his death.
(2) (Ch. 10) Wald: See gl ossary.
49- THE BOOK OF MANUMISSION (OF SLAVES) al - 411
to the Prophet
;,
"I ransom mysel f and
'Aqil . " 'Al l gothis share of the booty from
the property which was given by his brother
'Aqil and his uncl e A1-'Abbs.
2537. Narrated Anas i Some
men of the A nsar asked for the permission of
Al l ah's Messenger jW , and said, "Al l ow us to
give up the ransom from our nephew Al -
'Abbas. The Prophet
i4
said (to them), "Do
notl eave (even) a Dirham (of his ransom) . "
(12) ChAPTER. Manumission of a Mushrik
(pagan, polytheist, idolater)
2538. Narrated Hishm: My father tol d
me thatHakim bin Hizam _LZi
manumitted one hundred sl aves in the Pre-
Isl amic Period of Ignorance and sl aughtered
one hundred camel s (and distributed them in
charity). W hen he embraced Isl am he again
sl aughtered one hundred camel s and
manumitted one hundred sl aves. Hakim
said, "I asked Al l ah's Messenger , '0
Al l ah's Messenger! W hatdo you think about
some good deeds I used to practise in the
Pre-Isl amic Period of Ignorance regarding
them as deeds of righteousness?' " Al l ah's
Messenger said, "You have embraced
Isl am al ong with al l those good deeds you
did. "
yorA
L.
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49 THE BOOK OF MANUMISSION (OF SLAVES) jll - 412
(13) CHAPTER. W hover possessed Arab
slaves and gave them as presents, or sold
them, or had sexual relation with the
females among them, or accepted their
ransom, or took their offspring as captives.
And the Statementof Al l ah h:
"The exampl e (of two men - a bel iever
and a disbel iever);a sl ave (disbel iev:r)
under the possession of another, he has i'o
power of any sort, and (the other), a man
(bel iever) on whom W e have bestowed a
good provision from Us, and he spends
thereof secretl y and openl y. Can they be
equal ? (By no means, not). Al l the praises
and thanks be to Al l ah. Nay! (But) mostof
them know not. " (V. 16:75)
2539, 2540. Narrated Marwan and Al -
Miswar bin Makhrama: W hen the del egates
of the tribe of Hawazin came to the Prophet
;, and they requested him to return their
properties and captives the Prophetstood
up and said to them, "I have other peopl e
with me in this matter (as you see) and the
mostbel oved statementto me is the true
one;you may choose either the properties or
the prisoners as I have del ayed their
distribution. " The Prophethad waited
for them for more than ten days since his
arrival from Ta'if. So, when itbecame
evidentto them thatthe Prophetwas not
going to return them exceptone of the two,
they said, "W e choose our prisoners. " The
Prophetgotup amongstthe peopl e and
gl orified and praised Al l ah as He deserved
and said, "Then after, these brethren of
yours have come to us with repentance, and I
see itl ogical to return them the captives. So,
whoever amongstyou l ikes to do thatas a
favour, then he can do it, and whoever of you
l ikes to stick to his share til l we recompense
him from the very firstwar booty which Al l ah
wil l give us, then he can do so (i. e. , give up
49- THE BOOK OF MANUMISSION (OF SLAVES) jjI Ya - 413
the presentcaptives) . " The peopl e
unanimousl y said, "W e do that(return the
captives) wil l ingl y." The Prophetsaid,
"W e do notknow which of you have agreed
to itand which have not, so go back and l et
your l eaders forward us your decision. " So,
al l the peopl e then wentback and discussed
the matter with their l eaders who returned
and informed the Prophetthatal l the
peopl e had wil l ingl y given their consentto
return the captives. This is whathas reached
us aboutthe captives of Hawazin.
Narrated Anas that'Abbas said to the
Prophet, "I paid for my ransom and
'Aqil 's ransom. "
2541. Narrated Ibn 'AUn: I wrote a l etter
to Nfi', and Nafi' wrote in repl y to my l etter
thatthe Prophethad (suddenl y) attacked
Ban! Mual iq (withoutwarning whil e they
were heedl ess) and their cattl e were being
watered atthe pl aces of water. Their fighting
men were kil l ed and their women and
chil dren were taken as captives;the
ProphetgotJuwairiya ii on that
day. NAfi' said thatIbn 'Umar had tol d him
the above narration and thatIbn 'Umar was
in thatarmy.
2542. Narrated Ibn Muhairiz: I saw AbU
Sa'id and asked him aboutcoitus
interruptus. AbU Sa'id said, "W e wentwith
Al l ah's Messenger , in the G!azwa of Bani
A1-MuaIiq and we captured some of the
Arabs as captives, and the l ong separation
49 THE BOOK OF MANUMISSION (OF SLAVES)
from our wives was pressing us hard and we
wanted to practise coitus interruptus. W e
asked Al l ah's Messenger ;(whether itwas
permissibl e). He said, "Itis better for you
notto do so. No soul , (thatwhich Al l ah has)
destined to exist, up to the Day of
Resurrection, butwil l definitel y come into
existence."
2543. Narrated AbU Hurairah Z- : I
have l oved the peopl e of the tribe of Bani
Tamim ever since I heard three things Al l ah's
Messenger jsaid aboutthem. I heard him
saying, "These peopl e (of the tribe of Ban!
TamIm) woul d stand firm againstA d-Dajjal ."
W hen the Sadaqat (gifts of charity) from that
tribe came, Al l ah's Messenger ;said,
"These are the 5adaqdt (i. e. , charitabl e
gifts) of our fol k. " Aishah had a sl ave-girl
from thattribe, and the Prophetsaid to
'Aishah, "Manumither as she is a
descendantof (the Prophet) Isma'il
[Ishmael
.((3
j__i
49- THE BOOK OF MANUMISSION (OF SLAVES) ji - 415
(14) CHAPTER. The superiority of him who
J..
aL.a
(' 0
teaches his slave-girl good manners. - - - -
2544. Narrated Ab MUsa ji
Al l ah's Messenger said, "He who has a
sl ave-girl and educates and treats her nicel y
and then manumits her and marries her, wil l
geta doubl e reward." (See H. 5083)
: Slaves are your brothers, so feed them
with the like of what you eat.
And the Statementof Al l ah J:
"W orship Al l ah and join none with Him
(in worship), and do good to parents,
kinsfol k, orphans, A l-Masaki n (the poor),
the neighbour who is near of kin, the
neighbour who is a stranger, the companion
by your side, the wayfarer (you meet) and
those (sl aves) whom your righthands posses.
Veril y, Al l ah does notl ike such as are proud
and boastful ." (V. 4:36)
2545. Narrated Al -Ma'rUr bin Suwaid: I
saw AbU Dhar A1-Ghifri Z wearing a
cl oak, and his sl ave, too, was wearing a
cl oak. W e asked him aboutthat(i. e. , how
both were wearing simil ar cl oaks). He
repl ied, "Once I abused a man and he
compl ained of me to the Prophetj4. The
Prophet
i
asked me, 'Did you abuse him by
sl ighting his mother?' He added, 'Your sl aves
49- THE BOOK OF MANUMISSION (OF SLAVES) 6its -
H
416
II
are your brethren upon whom Al l ah has ii LL
given you authority. So, if one has one's --
* -
brethren under one's control , one shoul d
feed them with the l ike of whatone eats and~JL
3)) :
JU
cl othe them with the l ike of whatone wears.
U 1,S
You shoul d notoverburden them with what- - -
they cannotbear, and if you do so, hel p them
(in their hard job). "

ej
i
(16 11APTER. (The reward of) a slave who . J. 1 j i LL (\)
worships his Lord (Allah) in a perfect
oL
j
manner and he is also honest and faithful
to his master.
2546. Narrated Ibn 'Umar L4 41
Al l ah's Messenger said, "If a sl ave is -
-
-
honestand faithful to his master and
worships his Lord (Al l ah) in a perfect
manner , he wil l geta doubl e reward. " (See
H. 5083)

-------------- - - -
3 L5
[:)]
2547. Narrated AbUMUsaAl -Ash'arie l it. -
:The Prophetgg, said, "He who has - - -
'
'U
sl ave-girl and teaches her good manners and
educates her and then manumits and marries
her, wil l geta doubl e reward;and any sl ave - - - - - - - - - ft
J
i
who observes Al l ah's Rightand his master's
rightwil l geta doubl e reward. " (See H. J
J.
L)) I JU
5083) - -
-i r-
LI
1
[v
2548. Narrated Abu Hurairah s - rotA
Al l ah's Messenger said, "A pious sl ave - :
gets a doubl e reward ." AbU Hurairah added:

49- THE BOOK OF MANUMISSION (OF SLAVES) - 417
By Him in W hose Hands my soul is butfor
J i had (i. e. , hol y battl es), Ijajj, and my duty
to serve my mother, I woul d have l oved to die
as a sl ave
(1)
The Prophetsaid, "Goodness and
comfortare for him (the sl ave) who
worships his Lord (Al l ah) in a perfect
manner and serves his master sincerel y. "
(17) CHAPTER. It is disliked to look down
upon a slave or to say, "My slave" or "My
slave-girl."
Al l ah jW says:
"And (al so marry) the Sali hn (pious, fit
and capabl e ones) of your (mal e) sl aves and
maid-servants (femal e sl aves). . . . . (V. 24 :32)
And Al l ah said,
"A sl ave (disbel iever) under the
possession of another" (V. 16:75) ". . . They
both found her l ord (i. e. , her husband) atthe
door. . . . . (V. 12:25) ". . . bel ieving girl s [from
among those (sl aves) whom you righthands
possess]. . . . . (V. 4:25)
And the Prophetsaid, "Getup for your
master. "
Al l ah says:
". . . Mention me to your l ord (i. e. , your
king so as to getme outof the the prison). .
(V. 12:42)
(1) (H. 2548)AbU Hurairah mentioned J i had, Hajj and duty towards mother as obstacl es in
the way of his wish, because a sl ave cannotpractise any of these actions withouthis
master's permission. (Qasa1ani ).
49THE BOOK OF MANUMISSION (OF SLAVES) jal l 6JU - 418
(The Prophetsaid), "And who is your
master?"(')
255O. Narrated 'Abdul l ahl ,:The Lt,. - :L

-
Prophet said, "If a sl ave serves his Sai yi d- -

J
413
(i. e. , master) sincerel y and worships his Lord
(Al l ah) perfectl y, he wil l geta doubl e . t

reward. " (See H. 5083) ' -- - -
J s
2551. Narrated AbUMUsaii,,:The LL

-
Prophet;said, "The Mamuluk (sl ave) who
-
i worships his Lord (Al l ah) n a perfect
manner, and is dutiful , sincere and
obedientto his Sai yi d (master), wil l geta - - -, - - -

jLii J
doubl e reward. " (See H. 5083)

L)1 i
Lr, I-
LJ
i
L$ LL I
[V
2552. Narrated AbUHurairahii,:

-
The Prophetsaid, "You shoul d notsay,
'Feed your l ord (Rabbaka), hel p your l ord in '
performing abl ution, or give water to your '3 i
_
-,A
4j &
l ord' butshoul d say, 'My master (e. g. feed
5
5
5,-
: J'L
'My your master instead of l ord) (Sai yi di )' , or - - -
guardian (Maulai )' , and one shoul d notsay, Ji :
'My sl ave ('A bdi )', or 'My girl -sl ave (A i nati )',

'My 'My butshoul d say, l ad (Fatal)', l ass
(Fai atl)', and 'My boy (Qhu1dmf).'
95
L5:
.
i,,
2553. Narrated Ibn 'Umar :3L.i l . ii-
-
The Prophetsaid, "If one manumits his
(1) (Ch. 17) This chapter recommends thatone shoul d notcal l his sl ave a sl ave;yetthe
word is used by Al l ah and His Messenger on many occasions. In this chapter the mal e
;l ave is cal l ed A bdin Arabic;the femal e sl ave A ma; the master Sai yi d; or Rabb. The
:l ave is al so cal l ed Mamlk, and the femal e sl ave Fatat.
49- THE BOOK OF MANUMISSION (OF SLAVES) j&fl 6
0
ja - 419
share of a common sl ave ('A bd), and he has
money sufficientto free the remaining
portion of the price of the sl ave (justl y
estimated), then he shoul d free the sl ave
compl etel y by paying the restof his price;
otherwise the sl ave is freed partl y."
2554. Narrated 'Abdul l Ah
Al l ah's Messenger said, "Everyone of
you is a guardian and is responsibl e for his
charges. The rul er who has authority over
peopl e, is a guardian and is responsibl e for
them, a man is a guardian of his famil y and is
responsibl e for them;a woman is a guardian
of her husband's house and chil dren and is
responsibl e for them;a sl ave ('A bd) is a
guardian of his master's property and is
responsibl e for it;so al l of you are
guardians and are responsibl e for your
charges. "
2555, 2556. Narrated AbU Hurairah
ii and Zaid bin Khl id: The Prophet
said, "If a sl ave-girl (A ma)commits il l egal
sexual intercourse, scourge her;if she does it
again, scourge her again;if she repeats it,
scourge her again." The narrator added that
on the third or the fourh offence, the Prophet
said, "Sel l her even for a hair rope. "
49- THE BOOK OF MANUMISSION (OF SLAVES) - 420
(18) CHAPTER. W hen your servant brings
your meal to you?
2557. Narrated AbU Hurairah 2 t
The Prophetsaid, "W hen your servant
brings your meal to you then if you, do notl et
him sitand share the meal , you shoul d at
l eastgive him a mouthful or two mouthful s of
thatmeal or a meal or two meal s, as he has
prepared it
(19) CHAPTER. The slave is a guardian of
the property of his master.
The Prophethas referred the
ownership of the property to the master.
4ii 'W- i thathe heard Al l ah's Messenger
saying, "Everyone of you is a guardian and is
responsibl e for his charge;the rul er is a
guardian and is responsibl e for his subjects;
the man is a guardian of his famil y and
responsibl e for his charges;a woman is a
guardian of her husband's house and
responsibl e for her charges;and the servant
is a guardian of his master's property and is
responsibl e for his charge. " I definitel y heard
the above from the Prophet
jf
and think that
the Prophetal so said, "A man is a
guardian of his father's property and
responsibl e for his charges;so everyone of
you is a guardian and responsibl e for his
charges. "
. - L (\A)
4.tA1
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49 - THE BOOK OF MANUMISSON (( L&VES) - 421
(20) CHAPTER. If somebody beats a slave,
he should avoid his face.
2559. Narrated Ab Hurairah Z I
The ProphetjW , said, "If somebody fights (or
beats somebody) then he shoul d avoid
(hitting) the face. "
L.s
50THE BOOK OF AL-MUKATAB
6its -0. 422
50 THE BOOK OF AL-MUKA TAB
(A slave who binds himself to pay a certain
amount equivalent for his freedom by
seeking writing of emancipation from his
master).
CHAPTER. The sin of one who falsely
accuses his slave of illegal sexual
intercourse.
(1) CHAPTER. AI-Muktab and the payment
of his price by yearly installment.
And Al l ah's Statement:
". . And such of your sl aves as seek a
writing (of emancipation), give them such
writing, if you find thatthere is good and
honesty in them. And give them something
(yoursel ves) outof the weal th of Al l ah which
He has bestowed upon you. . . . . (V. 24:33)
Narrated Ibn Juraij: I asked 'Ata', "W il l it
be necessary for me to give a sl ave the writing
of emancipation if I come to know thatsuch a
sl ave has money or property?" 'Ata' repl ied,
"I consider itobl igatory. "
'Amr bin Dinar asked 'At', "Have you a
proof (narration) for your verdict?" He
repl ied in the negative and added that
Musa bin Anas tol d him thatSir-in sought
from Anas a writing of emancipation, and
SIne was a very rich sl ave, butAnas refused
to granthim his desire. Sirin wentto 'Umar
: who ordered Anas with his l ash and
recited:
'Give them such writing, if you find that
there is good and honesty in them. . . '
(V. 24:33)
Anas then gave him a writing (of
emancipation) . "
2560. Narrated 'Aishah that
Barira came to seek her hel p in her writing of
emancipation and she had to pay five Uqi ya
50- THE BOOK OF A L-MUKA TA B
-
423
(of gol d) by five yearl y instal l ments. 'Aishah
said to her, "Do you think thatif I pay the
whol e sum atonce, your masters wil l sel l you
to me, and I wil l free you and your Wald'(' )
wil l be for me."Barira wentto her masters
and tol d them aboutthatoffer. They said
thatthey woul d notagree to itunl ess her
Wald woul d be for them. ' A ishah further
said, "I wentto Al l ah's Messenger ;and
tol d him aboutit. " Al l ah's Messenger said
to her, "Buy Baiira and manumither and the
Wald' wil l be for the l iberator. " Al l ah's
Messenger then gotup and said, "W hat
aboutthose peopl e who stipul ate conditions
thatare notpresentin Al l ah's Laws? If
anybody stipul ates a condition which is notin
Al l ah's Laws, then whathe stipul ates is
inval id. Al l ah's Conditions (Laws) are the
truth and are more sol id. "
(2) CHAPTER. W hat conditions are
permissible for a writing of emancipation
and whoever stipulates conditions that are
not (present) in Allah's Book (i.e., not in
accordance with Allah's Laws).
Ibn 'Umar narrated (the above).
2561. Narrated 'Urwa that'Aishah
L tol d him thatBarira came to seek her
hel p in her writing of emancipation (for a
certain sum) and atthattime she had not
paid anything of it. 'Aishah said to her, "Go
back to your masters, and if they agree thatI
wil l pay the amountof your writing of
emancipation and getyour Wald', I wil l do
(1) (H. 2560) Wald': See gl ossary
50 THE BOOK OF AL-MUKA TAB
til - 424
so." Barira informed her masters of thatbut
they refused and said, "If she (i. e. , 'Aishah)
is seeking Al l ah's Reward, then she can do
so, butyour Wald' wil l be for us." 'Aishah
mentioned thatto Al l ah's Messenger who
said to her, "Buy and manumither, as the
Wal' is for the l iberator." Al l ah's Messenger
then gotup and said, "W hataboutthe
peopl e who stipul ate conditions which are
notpresentin Al l ah's Laws? W hoever
imposes conditions which are notpresentin
Al l ah's Laws, then those conditions wil l be
inval id, even if he imposed these conditions a
hundred times. Al l ah's Conditions (Laws)
are the truth and are more sol id. "
4. : 'Aishah wanted to buy a
sl ave-girl in order to manumither. The girl 's
masters stipul ated thather Wald' woul d be
for them. Al l ah's Messenger said (to
'Aishah), "W hatthey stipul ate shoul d not
stop you, for the Wald' is for the l iberator."
(3) CHAPTER. A1-Mukatab is permitted to
ask others to help him (get his liberation).
2563. Narrated 'Aishah ti tBarira
came (to 'Aishah) and said, "I have made a
contractof emancipation with my masters for
nine Uqi ya (of gol d) to be paid in yearl y
instal l ments. Therefore, I seek your hel p. "
50- THE BOOK OF A L-MUKA TA B
- 0. 425
'Aishah said, "If your masters agree, I wil l
pay them the sum atonce and free you on
condition thatyour Wald' wil l be for me. "
Barira wentto her masters butthey refused
thatoffer. She (came back) and said, "I
presented to them the offer butthey refused,
unl ess the Wald' wil l be for them. " Al l ah's
Messenger heard of thatand asked me

aboutit, and I tol d him aboutit. On thathe
said, "Buy and manumither and stipul ate
thatthe Wald' shoul d be for you, as Wald' is
for the l iberator. " 'Aishah added, "Al l ah's
Messenger then gotup amongstthe

peopl e, gl orified and praised Al l ah, and
said, 'Then after: W hataboutsome peopl e
who impose conditions which are notpresent
in Al l ah's Laws? So, any condition which is
notpresentin Al l ah's Laws is inval id even if
they were one hundred conditions. Al l ah's
Ordinance is the truth, and Al l ah's Condition
is stronger and more sol id. W hy do some
men from you say, '0 so-and-so! Manumit
the sl ave butthe Wald' wil l be for me?'
Veril y, the Wala' is for the l iberator. "
(4) CHAFFER. The selling of a Muktab on
his agreement.
'Aishah i ;said, "A Mukatab

remains a sl ave as l ong as he has notpaid the
whol e amount. " Zaid bin Thbitsaid, "He
remains a sl ave even if he owed one
Dirham. " Ibn 'Umar said, "He remains a
sl ave whether l iving or dead, or became
insane, so l ong as he stil l has to pay
50-THE BOOK OF AL-MW TAB 6.jul 6its - 426
something (from the writing of
emancipation) . "
2564. Narrated 'Amra hint'Abdur-
Rahrnn: Barira wentto 'Aishah, the
Mother of the faithful bel ievers i
to seek her hel p in her emancipation. 'Aishah
said to her, "If your masters agree, I wil l pay
them your price in a l ump sum and manumit
you. " Barira mentioned thatoffer to her
masl ers butthey refused to sel l her unl ess the
Wall' wil l be for them. 'Aishah jol d Al l ah's
Messenger
i
aboutit. He said, "Buy and
manumither as the Wald' is for the
l iberator."
(5) CHAPTER. If a Mukatab slave asks
somebody to buy and free him, it is
permissible for that person to buy him.
2565. Narrated 'Abdul W ahid bin Aiman:
I wentto 'Aishah and said, "I was
the sl ave of Utba bin Aba Lahab. 'Utba died
and his scns became my masters who sol d me
to Ibn AbU 'Amr who manumitted me. The
sons of 'Utba stipul ated thatmy Wald' shoul d
be for them." 'Aishah said, "Barira came to
me and she was given the writing of
emancipation by her masters and she asked
me to buy and manumither. I agreed to it,
butBarira tol d me thather masters woul d not
sel l her unl ess her Wald' wil l be for them. "
'Aishah said, "I am notin need of that. "
W hen the ProphetjW heard that, or he was
tol d aboutit, he asked 'Aishah aboutit.
'Aishah mentioned whatBarira had tol d her.
The Prophetsaid, "Buy and manumither
:
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50-THE BOOK OF A L-MUKA TAB
16.jUl 6Ja - 427
and l etthem stipul ate whatever they l ike."
So, 'Aishah boughtand manumitted her and
her masters stipul ated thather Wald' shoul d
be for them. The Prophetsaid, "The
Wald' wil l be for the l iberator even if they
stipul ated a hundred conditions. "
51-THE BOOK OF GIllS t4. J
4j
i1 W U - 428
51- THE BOOK OF GIFTS AND t#Wabj 44 61
THE SUPERIORITY OF GIVING GIFTS
AND THE EXHORTATION FOR
GIVING GIFTS
(1) CHAFFER Superiority of giving gifts.
2566. Narrated AbU Hurairah Z :
The Prophetjsaid, "0 Musl im women!
None of you shoul d l ook down upon the gift
sentby her she-neighbour even if itwere the
trotters of the sheep (fl eshl ess partof l egs) . "
said to me, "Cl my nephew! W e used to see
the crescent, and then the crescentin this
way we saw three crescents in two months
and no fire (for cooking) used to be made in
the houses of Al l ah's Messenger . I said,
"0 my aunt! Then whatuse to sustain you?"
'Aishah said, "The two bl ack things: dates
and water, our neighbours from A nr had
some Mana'i 1 and they used to present
Al l ah's Messenger some of their mil k and
he used to make us drink. "
(2) CHAFFER. Giving a little as a gift.
(1) (Ch. 2567)Mana'i h i s the pl ural of Mani i a , which means a special sortof giftin the
form of a she-camel or a sheep which is given temporaril y so thatits mil k may be used
and then itis returned to the owner.
51 - THE BOOK OF GIFTS 4l.j 416itS -
429
The Prophetsaid, "I shal l acceptthe
invitation even if I were invited to a meal of a
sheep's trotter, and I shal l acceptthe gift
even if itwere an arm or a trotter of a sheep."
(3) CHAPTER. W hoever asks his friends to
grant him a gift.
Narrated Ab Sa'id thatthe Prophet;
said, "Assign a share for me with you."
2569. Narrated Sahi The
Prophetsentfor a woman from the
emigrants and she had a sl ave who was a
carpenter. The Prophet;said to her "Order
your sl ave to prepare the wood (pieces) for
the pul pit." So, she ordered her sl ave who
wentand cutthe wood from the tamarisk and
prepared the pul pitfor the Prophet.
W hen he finished the pul pit, the woman
informed the ProphetM thatithad been
finished. The ProphetjW asked her tosend
thatpul pitto hii, so they broughtit. The
Prophetl ifted itand pl aced itatthe pl ace
in which you see now. "
2570. Narrated 'Abdul l h bin AbU Qatada
Al -Asl ami thathis father Z i said,
"One day I was sitting with some of the
Prophet's companions on the way to
Makkah. Al l ah's Messenger 40 was ahead
of us. Al l of my companions were in the state
of Ihram whil e I was a non-Muhri m. They saw
an onager whil e I was busy repairing my
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51-THE BOOK OF GIFTS t
lj 4I3
- 430
shoes, so they did nottel l me aboutitbut
they wished I had seen it. By chance I l ooked
up and saw it. So, I turned to the horse,
saddl ed itand rode on it, forgetting to take
the spear and the whip. I asked them if they
coul d hand over to me the whip and the spear
butthey said, 'No, by Al l ah, we shal l not
hel p you in thatin any way. ' I became angry
and gotdown from the horse, picked up both
the things and rode the horse again. I
attacked the onager and sl aughtered it, and
broughtit. They took it(cooked some of it)
and started eating it, butthey doubted
whether itwas al l owed for them to eatitor
not, as they were in the state of Ihram. So,
we proceeded and I hid with me one of its
forel egs. W hen we metAl l ah's Messenger jgt
and asked him aboutthe case, he asked, 'Do
you have a portion of itwith you?' I repl ied in
the affirmative and gave him thatfl eshy
forel eg and he ate al l of it, whil e he was in the
state of Ihrm ."
(4) CHAPTER. W hoever asks others to give
him water.
2571. Narrated Anas : Once
Al l ah's Messenger visited us in this house
of curs and kdior something to drink. W e
mil ked one of our sheep and mixed itwith
water from this wel l of ours and gave itto
51-THE BOOK OFGW fS t4Laj
4I
- 1431
him. AbU Bakr was sitting on his l eftside and
'Umar in frontof him and a bedouin on his
rightside. W hen Al l ah's Messenger
finished, 'Umar said to Al l ah's Messenger
i 4g, "Here is AbU Bakr. " ButAl l ah's
Messenger gave the remaining mil k to
the bedouin and said twice, "The (persons on
the) rightside! So, startfrom the rightside. "
Anas added, "Itis the Prophet's Sunna ,"and
repeated itthrice.
(5) CHAPTER. Accepting the gift of game.
The Prophettjaccepted the fl eshy fore-
l eg of the game from AbU Qatada.
2572. Narrated Anas i ,: W e
provoked a rabbitatMarr-az-Zabran til l it
started jumping and the peopl e ran after it
butwere exhausted. I overpowered and
caughtit, and gave itto Abu Tal ba who
sl aughtered itand sentits hip or two thighs to
Al l ah's Messenger (The narrator
confirms thathe senttwo thighs). The
Prophet4,Lti accepted that. (The subnarrator
asked Anas, "Did the Propheteatfrom
it?" Anas repl ied, "He ate from it. ")
(6) CHAPTER. The acceptance of a gift.
2573. Narrated As-S'b bin Jaththama
i i An onager was presented to
Al l ah's Messenger atthe pl ace cal l ed Al -
51THE BOOK OF GIFTS tL - 432
Abw' or W addn, butAl l ah's Messenger
rejected it. W hen the Prophetnoticed the
signs of sorrow on the giver's face he said,
"W e have notrejected your gift, butwe are in
the state of Ihram . " (i. e. , if we were notin a
state of Ihram we woul d have accepted your
'. Fath A 1-Brfl.
(7) CHAPTER. The acceptance of a gift.
2574. Narrated 'Aishah, i The
peopl e used to l ook forward for the day of my
('Aishah's) turn to send gifts to Al l ah's
Messenger in order to pl ease him.
2575. Narrated Ibn 'Abbas 4$ Zi
My auntUmm 1ufaid, sentsome dried
yoghurt(butter free), ghee (cl arified butter)
d a mastigar (sand l izard) to the Prophet
as a gift. The ProphetjW ate the dried
yoghurtand butter butl eftthe mastigar
because he disl iked it. Ibn 'Abbas said,
"The mastigar was eaten atthe tabl e of
Al l ah's Messenger and if ithad been
il l egal to eat, itcoul d nothave been eaten at
the tabl e of Al l ah's Messenger
2576. Narrated AbU Hurairah Zr'- ii
W henever a meal was broughtto Al l ah's
51 TIlE BOOK OF GifTS
l4j 41
- 433
Messenger
,
he woul d ask whether itwas a
giftor Sadaqa (something given in charity). If
he was tol d thatitwas Sadaqa, he woul d tel l
his Companions to eatit, butif itwas a gift,
he woul d hurry to share itwith them.
Some meatwas broughtto the Prophet
and itwas said thatthe meathad been given
in charity to Barira. He said, "Itwas Sadaqa
(charity) for Barira buta giftfor us. "
2578. Narrated 'Aishah ,a: I
intended to buy Barira buther masters
stipul ated thather Wala' shoul d be for
them. W hen the Prophet
A
was tol d about
it, he said to me, "Buy and manumither, as
the Wala' i s for the l iberator. " Once, Barira
was given some meat, and the Prophet
asked, "W hatis this?" I said, "Ithas been
given to Barira in charity. " He said, "Itis
Sadaqa (charity) for her buta giftfor us."
Barira was given the option (to stay with her
husband or to partwith him). 'Abdur-
Rahman (a subnarrator) wondered, "W as
her husband a sl ave or a free man?" Shu'ba
(another subnarrator) said, "I asked 'Abdur-
Rahman whether her husband was a sl ave or
a free man. He repl ied thathe did notknow
whether he was a sl ave or a free man
51- THE BOOK OF GIFTS
434
2579. Narrated Umm 'Atiyya
Once the Prophet;wentto 'Aishah and
asked her whether she had something (to
eat). She said thatshe had nothing exceptthe
mutton which Umm 'Atiyya had sentto
(Barira) in charity. The Prophet
i
said
thatithad reached its destination (i. e. , itis
no l onger an objectof charity. )
(8) CHAPTER. W hosoever gave a gift to his
friend and chose (the time) when he was at
the home of some of his wives and did not
give it to him, while he was in the homes of
his other wives.
2580. Narrated 'Aishah Li i The
peopl e used to send gifts to the Prophet;on
the day of my turn. Umm Sal ama said: "My
companions (the wives of the Prophetother
than 'Aishah ii e) gathered and they
compl ained aboutit. So I informed the
Prophetth. , aboutiton their behal f, buthe
remained sil ent.
2581. Narrated 'Urwa that'Aishah i
said: The wives of Al l ah's Messenger
were in two groups. " 'Urwa added: One
group consisted of 'Aishah, IIaf, Safiyya
and Sauda;and the other group consisted of
Umm Sal ama and the other wives of Al l ah's
Messenger . The Musl ims knew that
Al l ah's Messenger l oved 'Aishah, so if any
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51- THE BOOK OF GIFTS JI ,a - 435
of them had a giftand wished to give to
Al l ah's Messenger , he woul d del ay ittil l
Al l ah's Messenger Qthad come to 'Aishah's
home and then he woul d send his giftto
Al l ah's Messenger in her home. The
group of Umm Sal ama discussed the matter
together and decided thatUmm Sal ama
shoul d requestAl l ah's Messenger to tel l
the peopl e to send their gifts to him in
whatever wife's house he was. Umm Sal ama
tol d Al l ah's Messenger of whatthey had
said, buthe did notrepl y. Then they (those
wives) asked Umm Sal ama aboutit. She
said, "He did notsay anything to me." They
asked her to tal k to him again. She tal ked to
him again when she methim on her day, but
he gave no repl y. W hen they asked her, she
repl ied thathe had given no repl y. They said
to her, "Tal k to him til l he gives you a repl y. "
W hen itwas her turn, she tal ked to him
again. He then said to her, "Do nothurtme
regarding 'Aishah, as the Divine Revel ations
do notcome to me on any of the beds except
thatof 'Aishah. " On thatUmm Sal ama said,
"I repentto Al l ah for hurting you." Then the
group of Umm Sal ama cal l ed Fatima, the
daughter of Al l ah's Messenger and sent
her to Al l ah's Messenger
j
to say to him,
"Your wives requestto treatthem and the
daughter of Abu Bakr on equal terms." Then
Fatima conveyed the message to him. The
Prophetsaid, "0 my daughter! Don'tyou
l ove whom I l ove?" She repl ied in the
affirmative and returned and tol d them of
the situation. They requested her to go to
him again, butshe refused. They then sent
Zainab bintJahsh who wentto him and used
harsh words saying, "Your wives requestyou
to treatthem and the daughter of Ibn AbU
Qul afa on equal terms. " On thatshe raised
her voice and turned to 'Aishah who was
sitting and insul ted her so much so that
51-THE BOOK OF GIFTS t - 436
Al l ah's Messenger itl ooked at'Aishah to L.
see whether she woul d retort. 'Aishah started - - - - -
repl ying to Zainab til l she sil enced her. The - - - - -
Prophet, then l ooked at'Aishah and said,
"She is real l y the daughter of AbU Bakr. " - - - - -
- -
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(9) CHAPTER. W hat sort of presents (gifts)
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should not be rejected.
2582. Narrated 'Azra bin ThabitAl - wi,. . t. . - 'Y
(1) (H. 2581) She is real l y as honest, wise and wel l -versed as her father.
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51 THE BOOK OF GIFTS
'
1
-
AnsrI: W hen I wentto Thumama bin
'Abdul l h, he gave me some perfume and
said thatAnas woul d notrejectthe gifts of
perfume. Anas said: The Prophetused
notto rejectthe gifts of perfume.
(10) CHAPTER. W hoever thinks that it is
permissible to give as a gift, something not
present.
2583, 2584. Narrated Al -Miswar bin
Makhrama ;and Marwn: W hen
the del egates of the tribe of Hawzin came to
the Prophet, he stood up amongstthe
peopl e, gl orified and praised Al l ah as He
deserved, and said, "Then after: Your
brethren have come to you with repentance
and I see itl ogical to return to them their
captives;so whoever amongstyou l ikes to do
thatas a favour, then he can do it, and
whoever of you l ikes to stick to his share til l
we give him his rightfrom the very firstFai '
(war booty)(') which Al l ah wil l bestow on us,
then (he can do so). " The peopl e repl ied,
"W e do that(to return the captives) wil l ingl y
as a favour for your sake."
(11) CHAPTER. Compensation for a gift.
2585. Narrated 'Aishah LL ZI
Al l ah's Messenger

used to acceptgifts
and used to give something in return.
(1) (H. 2583) Fai ': See gl ossary.
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51 - THE BOOK OF GIVES
Jl j4l . . 4fl - 438
(12) CHAPTER. Giving gifts to one's sons.
If somebody gives something to some of
his sons then itis notpermissibl e unl ess he
does justice to al l of his sons and gives the
same to the other sons equal l y, butno one
has the rightto bear witness to whatone's
father does. The Prophetsaid, "Do justice
when giving a giftto your chil dren." Is it
permissibl e for the father to demand back the
giftwhich he has given to his chil dren? W hat
one can eatfrom one's son's property? One
can eatreasonabl y withoutextravagance.
And the Prophetttboughta camel from
'Umar and gave itto Ibn 'Umar and said,
"Dispose itas you l ike."
thathis father took him to Al l ah's Messenger
and said, "I have given this son of mine a
sl ave." The Prophetasked, "Have you
given al l your sons the l ike?" He repl ied in
the negative. The Prophet;said, "Take
back your giftthen."
(13) CHAPTER. The witnesses for A 1-Hi bah
(the gifts).
2587. Narrated 'Amir: I heard An-
Nu'mn bin Bashir L4!. on the
51 - THE BOOK OF GIFTS iJ 14IM3 411 - 439
pul pitsaying, "My father gave me a giftbut
'Amra bintRawaba (my mother) said that
she woul d notagree to itunl ess he made
Al l ah's Messenger ;as a witness to it. So,
my father wentto Al l ah's Messenger ;and
said, 'I have given a giftto my son from
'Amra bintRawaha, butshe ordered me to
make you as a witness to it, 0 Al l ah's
Messenger!' Al l ah's Messenger , asked,
'Have you given (the l ike of it) to everyone
of your sons?' He repl ied in the negative.
Al l ah's Messenger said, 'Be afraid of
Al l ah, and be justto your chil dren. ' My
father then returned and took back his gift. "
(14) CHAPTER. Giving gifts by a husband to
his wife, and by a wife to her husband.
Ibrahim said, "Itis permissibl e." 'Umar
bin 'Abdul 'Aziz said, "None of them can
take his giftback. " The Prophettook
permission from his wives to l ethim stay with
'Aishah during his il l ness. The Prophet,
said, "A person who takes back his gift(what
he donates) is l ike a dog thatswal l ows back
its vomit. " Az-Zuhri said, "If a husband
askes his wife to remital l or some of the Mahr
(bridal money), and shortl y after her consent
he divorces her whereupon she demands
whatshe has given up, then he shoul d pay
back her gift, if he has deceived her. Butif
she has given her free consentwil l ingl y and
the man has meantno deception, the giftis
val id, for Al l ah Jw says:
". . . Butif they, of their own good
pl easure, remitany partof itto you. . . "
(V. 4:4)
t1;. -
51 THE BOOK OF GUTS
44
p.2lJ t4i.s2k3 h - 440
2588. Narrated Az-Zuhri: 'Ubaidul l ah
bin 'Abdul l h tol d me that'Aishah Zi
had said, "W hen the Prophetbecame
sick and his condition became serious, he
requested his wives to al l ow him to be treated
in my house, and they al l owed him. He came
outl eaning on two men whil e his feetwere
dragging on the ground. He was wal king
between A1-'Abbs and another man. "
'Ubaidul l ah said, "W hen I informed Ibn
'Abbs of what'Aishah had said, he asked
me whether I knew who was the second man
whom 'Aishah had notnamed. I repl ied in
the negative. He said, 'He was 'Al l bin Abi
Tal ib. '"
2589. Narrated Ibn 'Abbas L4 it
The Prophetsaid, "One who takes back
his gift(which he has al ready given) is l ike a
dog thatswal l ows its vomit. "
(15) CHAFFER. It is permissible for a
woman to give gifts to somebody other than
her husband and to free her slaves in the
lifetime of her husband provided that she is
not weak-minded. If she is weak-minded,
then it is not permissible.
Al l ah jLz says:
"And give notunto the fool ish your
property. . . " (V. 4:5)
2590. Narrated Asma' L i i Once I
said, "0 Al l ah's Messenger! I have no
PiD
property exceptwhathas been given to me by
Az-Zubair (i. e. , her husband). May I give in
charity?" The Prophetsaid, "Give in
charity and do notwithhol d it(i. e. , weal th)
otherwise Al l ah withhol d itfrom you."
2591. Narrated Asm' Al l ah's
Messenger said, "Give (in charity) and do
notwithhol d your weal th by counting and
hoarding it, being afraid thatitmay be
exhausted (by spending in Al l ah's Cause) l est
Al l ah shoul d withhol d His Bl essings from
you;and do notwithhol d your money l est
Al l ah shoul d withhol d itfrom you. "
2592. Narrated Kuraib, the freed sl ave of
Ibn 'Abbas ;, thatMaimUna bint
Al -Uarith (the wife of the Prophet
) said thatshe manumitted a sl ave-girl but
did nottake the permission of the Prophet
On her turn when the (Prophet) came
to her house she said, "Do you know 0
Al l ah's Messenger, thatI have manumitted
my
sl avegirl
He (b;) asked, "Have you
(al ready) done it?" She repl ied, "Yes. " The
Prophet;said, "You woul d have gotmore
reward if you had given her (i. e. , the sl ave-
girl ) to one of your maternal uncl es."
2593. Narrated 'Aishah L4
W henever Al l ah's Messenger #jg wanted to
go on a journey, he woul d draw l ots as to
51- THE BOOK OF GIFTS - 442
which of his wives woul d accompany him. He
woul d take her whose name came out. He
used to fix for each of them a day and a night.
The subnarrator added: "Sauda bintZam'a
gave up her (turn) day and nightto 'Aishah,
the wife of the ProphetjW , in order to seek the
pl easure of Al l ah's Messenger tj(by that
action) . "
tt\
11v 111. o'c tvov
2595. Narrated 'Aishah LL &: I said,
"0 Al l ah's Messenger! I have two
neighbours;which of the two shoul d I give
a gift?" The Prophetsaid, "(Give) to the
one whose door is nearer to you."
[vote yo. 'rv vii
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(16) CHAPTER. W ho is to be given the gift
first?
2594. Narrated MaimUna, the wife of the
Prophetthatshe manumitted her sl ave-
girl and the Prophetsaid to her, "You
woul d have gotmore reward if you had given
the sl ave-girl to one of your maternal
uncl es. "
J:Lv
51 THE BOOK OF GW IS t4j - 443
(17) CHAPTER. W hoever refused to accept a
present for a certain reason.
'Umar bin 'Abdul -'Aziz said, "A giftwas
(real l y) a giftduring the l ifetime of Al l ah's
Messenger , buttoday itis a bribe. "
2596. Narrated 'Abdul l ah bin 'Abbas ;
thathe heard As-S'b bin Jaththgma
Al -Laithi, who was one of the companions of
the Prophet, saying thathe gave the meat
of an onager to Al l ah's Messenger whil e
he was ata pl ace cal l ed Al -Abwa' or
W addn, and was in a state of Ihram. The
Prophetdid notacceptit. W hen the
Prophetsaw the signs of sorrow on As-
Sa'b's face because of notaccepting his
present, he said (to him), "W e are not
returning your present, butwe are in the
state of Ihram ."
[See Hadi th No. 2244, 2245]
2597. Narrated Aba Humaid As-S'idi
The Prophetappointed a man
from the tribe of AI-Azd, cal l ed Ibn Al -
Lutabiyya for col l ecting the Zakt. W hen he
returned he said, "This (i. e. , the Zakat)i s
for you and this has been given to me as a
present." The Prophetsaid, "W hy hadn't
he stayed in his father's or mother's house to
see whether he woul d be given presents or
not? By Him in W hose Hands my soul is,
whoever takes something from the resources
of the Zakat (unl awful l y) wil l be carrying iton
his neck on the Day of Resurrection;if itbe a
camel , itwil l be grunting;if a cow, itwil l be
mooing;and if a sheep, itwil l be bl eating."
The Prophetthen raised his hands til l we
saw the whiteness of his armpits, and he said
I4.SJ 416JLI - 444
thrice, "0 Al l ah! Haven'tI conveyed Your
Message (to them)?"
(18) CHAPTER. If somebody gi
somebody else a present, or promises to
give him a present, and one of them dies
before the gift reaches the other person.
"Ubaida said, "If both the giver and the
receiver have died butthe presentwas set
aside (i. e. , separated) in the l ifetime of the
receiver, itwil l be given to his inheritors, and
if itwas notseparated, itwil l go to the
inheritors of the giver." Al -Uasan said, "It
wil l be given to the inheritors of 'the receiver
(i. e. , to whom the presentwas meant) no
matter who died first, if the gifthas been
del ivered to the messenger. "
2598. Narrated Jbir L The
Prophetsaid to me, "I wil l give you so
much (the Prophetpointed thrice with his
hands) when the funds of Bahrain wil l come
to me." Butthe Prophetdied before the
money reached him. (W hen itcame,) Abu
Bakr ordered an announcer to announce that
whoever had a money cl aim on the Prophet
, or was promised to be given something,
shoul d come to Abti Bakr. I wentto AbU
Bakr and tol d him thatthe Prophethad
promised to give me so much. On thatAba
Bakr gave me three handful s (of money).
(19) CHAPTER. How to take over the slave
and property (given as gifts)?
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Narrated Ibn 'Umar L4L I was
riding a troubl esome camel and the Prophet
boughtitand said: "It(this camel ) is for
you, 0 'Abdul l h. "
[See Hadi th No. 2610, 2611].
2599. Narrated A]-Miswar bin Makhrama
&i Al l ah's Messengerij
distributed some cl oaks butdid notgive
anything thereof to Makhrama. Makhrama
said (to me), "0 son! Accompany me to
Al l ah's Messenger . " W hen I wentwith
him, he said, "Cal l him to me. " I cal l ed him
(i. e. , the Prophet) for my father. He ;
came outwearing one of those cl oaks and
said, "W e keptthis (cl oak) for you,
(Makhrama). " Makhrama l ooked atthe
cl oak and said, "Makhrama is pl eased," (or
the Prophetsaid), "Is Makhrama
pl eased?"
(20) CHAPTER. W hen someone gives
something (as a gift) to another person and
the receiver takes it into his possession
without saying, "I have accepted it."
2600. Narrated Abu Hurairah ui
A man came to Al l ah's Messenger and
said, "I am ruined. " The Prophetitasked,
"W hatdo you mean?" He said, "I had a
sexual intercourse with my wife during
Ramadan (whil e observing fast). " The
Prophet40 asked him, "Can you manumita
sl ave?" He repl ied in the negative. He then
asked him, "Can you observe Saum (fast) for
two successive months continuousl y?" He
repl ied in the negative. The Prophetthen
asked him, "Can you feed sixty poor
persons?" He repl ied in the negative. In the
meantime an A nsari man came with a basket
ful l of dates. The Prophetsaid to the man,
)) :J
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51THE BOOK OF GIFTS 4. 4a 6pW J13 4Lhb3 416ja - ol
446
"Take itand give itin charity (as an expiation
of your sin) . " The man said, "Shoul d I give it
to some peopl e who are poorer than we, 0
Al l ah's Messenger? By Him W ho has sent
you with the Truth, there is no famil y
between Al -Madina's two mountains poorer
than we." Al l ah's Messenger ittol d him to
take itand provide his famil y with it. "
(21) CHAPTER. If a creditor gives the debt,
due to him, as a gift,
According to Al -Uakam, itis permissibl e.
Al -Il asan bin 'Al l L4 . 0 gave up the
debtdue to him to a man as a gift. The
Prophetsaid, "If somebody owes
something, he shoul d either repay itor get
itremitted. " Jabir said, "W hen my father
was martyred, he was in debt. So, the
Prophetasked his creditors to take the
fruits of my garden and forgive my father. "
2601. Narrated Jabir bin 'Abdul l h &
L4i. : My father was martyred on the day (of
the battl e) of Uhud and his creditors
demanded the debtback in a harsh
manner. So, I wentto Al l ah's Messenger
and informed him of that, he asked them to
acceptthe fruits of my garden and excuse my
father, butthey refused. So, Al l ah's
Messengerjdid notgive them the fruits,
nor did he cutthem and distribute itamong
them, butsaid, "I wil l come to you tomorrow
morning. " So, he came to us the next
morning and wal ked aboutin between the
date-pal ms and invoked Al l ah to bl ess their
fruits. I pl ucked the fruits and gave back al l
the rights of the creditors in ful l , and a l otof
fruits were l eftfor us. Then I wentto Al l ah's
51 - THE BOOK OF GIFTS fl j4W ab3 41 ya
-
Messenger , who was sitting, and informed
him aboutwhathappened. Al l ah's
Messenger tol d 'Umar, who was sitting
there, to l isten to the story. 'Umar said,
"Don'twe know thatyou are Al l ah's
Messenger? By Al l ah! You are Al l ah's
Messenger!"
(22) CHAPTER. The giving of a gift by one
person to a group.
Asm' said to 41-Qsim bin Muhammad
and Ibn AbU 'Atiq, "I inherited some l and in
the forestfrom my sister 'Aishah, and
Mu'awiya offered me one hundred
thousand for it, butI give itto both of you
as a gift. "
2602. Narrated SahI bin Sa'd ii
;A
drink (of mil k mixed with water) was brought
to the Prophetwho drank some of itwhil e
a boy was sitting on his rightand ol d men on
his l eft. The Prophetsaid to the boy, "If
you permitme, I'l l give (the restof the drink
to) these ol d men first." The boy said, "I wil l
notgive preference to anyone over me as
regards my share from you, 0 Al l ah's
Messenger!" The Prophetthen putthat
container in the boy's hand.
[See Hadi th No . 2351]
(23) CHAPTER. The received and
unreceived gifts, and the divided and
undivided gifts.
The Prophetand his companions gave
to the peopl e of Hawazin whatthey had got
51 THE BOOK OF GUTS t. c
4j416ja -
448
from them as war booty, al though ithad not
been divided yet.
2603. Jbir Z said, "I wentto the
Prophetin the mosque and he paid me my
rightand gave me more than he owed me
2604. Narrated Jabir bin 'Abdul l h
I sol d a camel to the Propheton one
of .u. journeys. W hen we reached Al -
Macl ina, he ordered me to go to the
mosque and offer two Rak'a. Then he
weighed for me (the price of the camel in
gol d) and gave an extra amountover it. A
partof itremained with me til l itwas taken by
the army of Sham on the day of Harra ."
2605. Narrated SahI bin Sa'd u . . e,: A
drink (of mil k mixed with water) was brought
to Al l ah's Messenger whil e a boy was
sitting on his rightside and ol d men were
sitting on his l eftside. He asked the boy,
"W il l you al l ow me to give itto these
(peopl e)?" The boy said, "No, by Al l ah, I
wil l notgive preference to anyone over me as
regards my share from you. " Then the
Prophetputthe bowl in the boy's hand.
Al l ah's Messenger owed a man some debt
(and thatman demanded itvery harshl y).
51-THE BOOK OF GIFTS l - 449
The companions of the Prophetwanted to
harm him, butthe Prophetsaid to them,
"Leave him, as the one who has a right
(creditor) has the rightto demand it(or
speak harshl y). " He then added, "Buy (a
camel ) of the same age and give itto him."
They said, "W e cannotgetexcepta camel
ol der and better than thatof his. " He said,
"Buy itand give itto him, as the bestamongst
you is he who pays back his debtin the most
handsome way. '
(24) CHAPTER. If a group of persons gives a
gift to some people.
2607, 2608. Narrated Marwn bin Al -
Hakam and Al -Miswar bin Makhrama:
W hen the del egates of the tribe of Hawzin
came to the Prophetthey requested him
to return their properl y and their captives.
He said to them, "As you see, this concerns
al so other peopl e al ong with me, and the best
statementto me is the true one, so you may
choose one of two al ternatives;either the
captives or the property and (I have not
distributed the booty, for) I have been
waiting for you. " W hen the Prophethad
returned from Ta'if, he waited for them for
more than ten nights. W hen they came to
know thatthe Prophetwoul d notreturn
exceptone of the two, they chose their
captives. The Prophetitthen stood up
amongstthe Musl ims, gl orified and praised
Al l ah as He deserved, and then said, "Then
after: These brothers of yours have come to
you with repentance (asking for Al l ah's
Forgiveness), and I see itproper to return
their captives. So, whoever amongstyou l ikes
Lc
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51THE BOOK OFGUTS 416JLI - 1
450
I
to do thatas a favour, then he can do it, and
whoever of you wants to stick to his share til l
we pay him from the very firstFai (i. e. , war
booty) which Al l ah wil l give us, then he can
do so. " The peopl e said, "W e return (the
captives) to them wil l ingl y as a favour, 0
Al l ah's Messenger!" The Prophet;said, "I
do notknow who of you has given his consent
and who has not;so go back and your l eaders
may presentyour decision to me. " The
peopl e wentaway, and their l eaders
discussed the matter with them, and then
came to the Prophetto tel l him thatal l of
them had given their consent(to return the
captives) wil l ingl y.
(A2-Zuhri, the subnarrator said, "This is
whatwe know aboutthe captives of
Hawazin. ")
(25) CHAPTER. W hosoever is given a gift
while some people are sitting with him, he
only has the right to have it.
Ibn 'Abbas L4i is reported to have
said thatthe peopl e sitting with thatperson
wil l be his co-owners. Butthis reportis not
confirmed by an authentic narration.
The Prophettook a camel of a certain age
from somebody on credit. Its owner came
and demanded itback (harshl y). The
Prophetsaid, "No doubt, he who has a
right, has the ful l rightto demand it. " Then
the Prophet;gave him an ol der and better
camel than his camel and said, "The best
amongstyou is he who repays his debts in the
31 :jLii Aj JUi
51 - THE BOOK OF GIVES
4j 41
- 451
mosthandsome way. " L. ;3
2610. Narrated Ibn 'Umar 4 I
:
. . L -
thathe was in the company of the Prophet
on a Journey, riding a troubl esome camel
bel onging to 'Umar. The camel used to go : L4i ii
'3
ahead of the Prophet. So, Ibn 'Umar's - - -. -
'1
"Cl 'Abdul l h! father woul d say, No one
shoul d go ahead of the Propheta. " The sz
Prophetjsaid to him, "Sel l itto me. "
J,. . i .
'Umar said to the Prophet,"Itis for you. "
So, he boughtitand said, "O'Abdul l ah! Itis fl JJ Lzi 'i
for you, and you can do with itwhatyou - - -, -
_
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(26) CHAPTER. If someone gives a camel as
J4-)
I (r)
a gift to a man riding it, then the deed is - - -
valid.
2611. Narrated Ibn 'Umar L4 3 L- JU, -
W e were in the company of the Propheton
jy4. LJL'
U
yc
L7'
- a Journey, and I was riding a troubl esome -. - -
camel . The Prophetasked 'Umar to sel l : JU L4. n
thatcamel to him. So, 'Umar sol d itto him. -
"O'Abdul l h!The The Prophet then said, ?
L 5
?" L51
camel is for you. " I JU. i
I JU U
(27) CHAPTER. The presenting of a gift of LL ('YV)
clothes, the wearing of which is disliked.
2612. Narrated 'Abdul l h bin 'Umar 'ibi _J_ U. . L. - ''
L41 . u: 'Umar bin Al -Khattab saw a sil ken -
dress (cl oak) being sol d atthe gate of the
mosque and said, "0 Al l ah's Messenger! I. 4i fl
'3
4i . L
W oul d thatyou buy itand wear iton Fridays
UJ :
3
U
and when the del egates come to you!" Al l ah's -
51]HE BOOK OF GIFTS 1- 452
JJ
Messenger said, "This is worn by the one
who wil l have no share in the Hereafter."
Later on, some sil k dresses were broughtand
Al l ah's Messenger l l sentone of them to
'Umar. 'Umar said, "How do you give me
this to wear whil e you said whatyou said
aboutthe dress of 'Utrid?" 1 Al l ah's
Messenger , said, "I have notgiven itto
you to wear. " So, 'Umar gave itto a Musjjri k
brother of his in Makkah.
2613. Narrated Ibn 'Umar 4
Once the Prophetwentto the house of
Fatima butdid notenter it. 'Al l came and she
tol d him aboutthat. W hen 'Al l asked the
Prophet, aboutit, he said, "I saw a (mul ti-
col oured) decorated curtain on her door. I
am notinterested in worl dl y things. " 'Al l
wentto Fatima and tol d her aboutit. Fatima
said, "I am ready to dispense with itin the
way he suggests. " The Prophetordered
her to send itto such and such needy
peopl e. "
2614. Narrated 'Al l L ItThe
Prophetgave me a sil ken dress as a gift
and [wore it. W hen I saw the signs of anger
on his face, I cutitinto pieces and distributed
itamong my wives. "
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(1) (H. 2612) 'Umar u a;is referring to the previous occasion when Al l ah's
Messenger refused to buy the cl oak sol d atthe gate of the mosque.
51 THE BOOK OFGIFTS
60, wadli 4Lj41
01
453
(28) CHAPTER. The acceptance of presents
from A1-Mushrikn (polytheists, idolaters,
pagans)
Narrated AbU Hurairah ii ;: The
Prophetsaid, "W hen Ibrahim (Abraham
k_Jl d) migrated al ong with Sarah, he
reached a town rul ed by a king or a tyrant.
The l atter ordered his men to give Sarah,
Ajar. " The Prophetwas given a cooked
poisoned sheep as a present.
Narrated AbU Humaid The
king of Ail a senta white mul e to the Prophet
;, and the Prophet;senthim a garment
and wrote to him a confirmation of the treaty
concerning his country.
2615. Narrated Anas i A J ubba
(i. e. , cl oak) made of thick sil ken cl oth was
presented to the Prophet. The Prophet
used to forbid peopl e to wear sil k. So, the
peopl e were pl eased to see it. The Prophet
, said, "By Him in W hose Hands
Muhammad's soul is, the handkerchiefs of
Sa'd bin Mu'dh in Paradise are better than
this. "
2616. Anas added, "The presentwas sent
to the Prophetby Ukaidir (a Christian)
from Dauma. "
A Jewess broughta poisoned (cooked) sheep
for the Prophetwho ate from it. She was
broughtto the Prophetand was asked,
"Shal l we kil l her?" He xhr, said, "No." Anas
added: "I continued to see the effectof the
[t1
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ft
:5l L
51- THE BOOK OF GIFTS tl &4i. . -
II
poison on the pal ate of the mouth of Al l ah's
Messenger a."
2618. Narrated 'Abdur-Rahman bin AbU
Bakr L4 i W e were one hundred and
thirty persons accompanying the Prophet
who asked us whether anyone of us had food.
There was a man who had abouta Sa' of
wheatfl our which was mixed with water to
make dough (for baking bread). Then a very
tall manfrom A 1-Mushri kn" (pol ytheists,
pagans, idol aters, and disbel ievers in the
Oneness of Al l ah and in His Messenger
Muhammad
)
came driving the sheep. The
Prophetasked him, "W il l you sel l us (a
sheep) or give itas a present?" He said, "I
wil l sel l you (a sheep). " The Prophet;
boughta sheep and itwas sl aughtered. The
Prophetordered thatits l iver and other
abdominal organs be roasted. By Al l ah, the
Prophetuii gave every person of the one
hundred and thirty a piece of that;he gave al l
those of them who were present;and kept
the shares of those who were absent. The
Prophetthen putits meatin two huge
basins and al l of them ate to their fil l , and
even then more food was l eftin the two
basins which were carried on the camel (or
said something l ike it).
(29) CHAPTER. Giving presents to
AI-Mushrikn" (polytheists, pagans,
idolaters).
And the Statementof Al l ah ,37:
'Al l ah does notforbid you to deal justl y
and kindl y with those who foughtnotagainst
51- THE BOOK OF GIFTS - 01 455
you on accountof rel igion, nor drove you out
of your homes. Veril y, Al l ah l oves those who
deal with equity. " (V. 60:8)
4
'Umar saw a sil ken cl oak over a man for sal e
and requested the Prophetjjto buy itin
order to wear iton Fridays and whil e meeting
del egates. The ProphetjLhv said, "This is
worn by the one who wil l have no share in the
Hereafter. " Later on, Al l ah's Messenger 4Li,
gotsome sil ken cl oaks simil ar to thatone,
and he sentone to 'Umar. 'Umar said to the
Prophetjot, "How can I wear it, whil e you
said aboutitwhatyou said?" The Prophet
said, "I have notgiven itto you to wear, but
to sel l or to give to someone el se." So, 'Umar
sentitto his brother atMakkah before he (his
brother) embraced Isl am.
2620. Narrated Asma' bintAbU Bak
;
L.4i : My mother came to me during the
l ifetime of Al l ah's Messenger and she was
a
Mu/i ri kah
(pol ytheist, idol atress, pagan). I
said to Al l ah's Messenger (seeking his
verdict), "My mother has come to me and
she desires to receive a reward from me, shal l
I keep good rel ations with her?" The Prophet
said, "Yes, keep good rel ation with her. "
(30) CHAPTER. It is not legal for anyone to
take back his presents or Sadaqa (things
given in charity).
l l 64M tJlj 4j 41 i..Aa - 456
2621. Narrated Ibn 'Abbas ..4i
The ProphetjW said, "He who takes back his
presentis l ike him who swal l ows his vomit. "
2622. Narrated Ibn 'Abbas L4i i
The Prophetsaid, "The bad exampl e is
notfor us. He who takes back his presentis
l ike a dog thatswal l ows back its vomit."
2623. Narrated 'Umar bin Al -Khattab
L :i I gave a horse in Al l ah's Cause.
The person to whom itwas given did notl ook
after it. I intended to buy itback from him,
thinking thathe woul d sel l itcheap. W hen I
asked the Prophet
;,
he said, "Don'tbuy it,
even if he gives itto you for one Dirham as
the person who takes back whathe has given
in charity, is l ike a dog thatswal l ows back its
vomit."
(31) CHAPTER.
2624. Narrated 'Abdul l Ah bin 'Ubaidul l Ah
bin AbU Mul aika: The sons of Suhaib,
(Suhaib, who was the freed sl ave of Bani
Jud'An) cl aimed thatAl l ah's Messenger A
t
had given two houses and one room to
51 - THE BOOK OF GIFTS zl$ 4, I t' - 01
Suhaib. Marwan asked, "W ho wil l testify
your cl aim?" They repl ied thatIbn 'Umar
woul d do so. Marwn sentfor Ibn 'Umar who
testified thatAl l ah's Messenger had real l y
given Suhaib two houses and a room. So,
Marwn gave the verdict(in favour of
Suhaib's sons), because of (Ibn 'Umar's)
witness.
(32) CHAFFER. W hat is said about the
'Umra and the Ruqba.
If one says, "I give you the house as
'Umra
,(1)
one means, "I give itto you to l ive
in as l ong as you are al ive."
2625. Narrated Jbir Z ZI
The
Prophetj
gave the verdictthat'Umra is for
the one to whom itis presented.
:
The Prophetsaid," 'Umra is permissibl e. "
'Ata' said, "Jbir narrated the same to me
from the Prophet. "
(1) (Ch. 32) 'Umra: This kind of giftis al so cal l ed Ruqba, which is derived from the Arabic
verb meaning 'to wait' because both the giver and the person given to, used to waitfor
the death of each other so thatthe house etc. (given as gift) woul d bel ong to him
permanentl y. (Fatz A l-Ban)
LL. :tL. -
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L743
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51-THE BOOK OF GIFTS
44&pW jadl j41. - 458
(33) CHAPTER. Borrowing a horse from
some people.
2627. Narrated Anas Once,
the peopl e of Al -Madmna were frightened, so
the Prophetborrowed a horse from AbU
Tal ha cal l ed Al -MandUb, and rode it. W hen
he came back he said, "W e have notseen
anything
(to be afraid of), butthe horse was
very fast."
(34) CHAFFER. To borrow something for
the bride at the tii her wedding.
2628. Narrated Aiman: I wentto 'Aishah
;and she was wearing (a coarse
dress) costing five Dirham. 'Aishah said,
"Look up and see my sl ave-girl who refuses to
wear itin the house, though during the
l ifetime of Al l ah's Messenger I had a
simil ar dress which no woman desiring to
appear el egant(before her husband) fail ed to
borrow from me."
(35) CHAPTER. The superiority of the
Mniha, i.e., a milch she-camel or a sheep
lent to somebody to use its milk and return it
to its owner afterwards.
2629. Narrated AbU Hurairah $
Al l ah's Messenger said, "W hata good
Mani za (the she-camel which has recentl y
Ula
51- THE BOOK OF GIFFS
-
1
given birth and which gives profuse mil k) is,
and (whata good Mani ha)(the sheep which
gives profuse mil k, a bowl in the morning and
another in the evening) is!"
Narrated Mal ik: Mani ha i s a good deed of
charity.
2630. Narrated Ibn Shihab Az-Zuhri:
Anas bin Mal ik ;said, "W hen the
emigrants came to Al -Madina from Makkah
they had nothing, whereas the A nsar had
l and and property. The A nsar gave them
their l and on condition thatthe emigrants
woul d give them hal f the yearl y yiel d and
work on the l and and provide the necessaries
for cul tivation." His (i. e. , Anas') mother,
who was al so the mother of 'Abdul l Ah bin
AbU Tal ba, gave some date-pal ms to Al l ah's
Messenger who gave them to his freed
sl ave-girl (Umm Aiman) who was al so the
mother of Usama bin Zaid. W hen the
Prophetfinished from the fighting
againstthe peopl e of Khaibar and returned
to Al -Madina, the emigrants returned to the
A nsar the fruitgifts which the A nsar had
given them. The Prophet
jjt
al so returned to
Anas' mother the date-pal ms. Al l ah's
Messenger gave Umm Aiman other trees
from his garden in l ieu of the ol d gift.
t#W A3 41 yLf - 460

[t\'. tr
2631. Narrated 'Abdul l h bin 'Amr i
L4L thatAl l ah's Messenger said, "There
are forty good qual ities (virtuous deeds) and
the bestof them is the Mani ha of a she-goat;
and anyone who does one of these virtuous
deeds, hoping for Al l ah's Reward with firm
confidence thathe wil l getit, then Al l ah wil l
make him enter Paradise because of it."
Hassan (a subnarrator) said, "W e tried to
countthose good deeds bel ow the Mantha;
we mentioned repl ying to the sneezer,
removing harmful things from the road,
etc. , butwe fail ed to counteven fifteen. "
2632. Narrated Jabir Z Some
men had excess l and (more than they can
cul tivate themsel ves) and they said thatthey
woul d give itto others to cul tivate on the
condition thatthey woul d getone-third or
one-fourth or hal f of its yiel d. The Prophet
said "W hoever has l and shoul d cul tivate it
himsel f or give itfree to his brother for
cul tivation, butif his brother refuses then he
shoul d or keep ituncul tivated. "()
:)]
2633. Narrated AbU Sa'id Z Zi : A L_J JLij-
(1) (H. 2632) Itis said thatto rentthe l and for its yiel d was notal l owed by the Prophet
butto rentitfor money was al l owed. [See Hadi th No. 2346]
51- THE BOOK OF GIFTS aJj 4IN2J 41 6ja - 461
bedoum came to the Prophetand asked
him aboutemigration. The Prophetsaid
to him, "May Al l ah be Merciful to you. The
matter of emigration is difficul t. Have you
gotsome camel s?" He repl ied in the
affirmative. The Prophetasked him,
"Do you pay their Zakt?" He repl ied in
the affirmative. He asked, "Do you l end
(give) some of them to others (as gratis) so
thattheir mil k may be util ized by others?"
The bedouin said, "Yes. " The Prophet
asked, "Do you mil k them on the day of
watering them?" He repl ied, "Yes. " The
Prophetsaid, "Do good deeds beyond the
merchants (or the sea) and Al l ah wil l never
disregard any of your deeds." (See
Ijadi th
No . 3923, Vol . 5)
2634. Narrated Tawas thathe was tol d by
the mostl earned one amongstthem, i. e. ,
Ibn 'Abbs L4i i thatthe Prophetit
wenttowards some l and which was
fl ourishing with vegetation and asked to
whom itbel onged. He was tol d thatsuch
and such a person took iton rent. The
ProphetjJ said, "If he had given itto him
gratis rather than charging him a fixed rent."
(36) CHAPTER. It is permissible if
somebody says, "I give this slave-girl to you
for your service according to the prevalent
convention known amongst the people."
Some peopl e said, "She is regarded as
something l enttemporaril y, butif someone
says, 'I give you this garmentto wear,' then it
is a gift. "
:
L1
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51THE BOOK OFGIFFS
t6k&
,zl 3j
t#wjIh,
-
1462
Al l ah's Messenger said, "The Prophet
Ibrhim (Abraham ) migrated with
Sarah. The peopl e (of the town where they
migrated) gave her Ajar (i. e. , Hajar). Sarah
returned and said to Ibrahim, "Do you know
that Al l ah has humil iated thatdisbel iever and
he has given a sl ave-girl for my service?"
(37) CHAPTER. If somebody gives another
person a horse (as a gift) then the rule is the
same as that concerning the 'Umra or Sadaqa
(i.e., the giver has no right to claim
restitution).
Some peopl e said, "The giver retains the
rightto cl aim restitution. "
2636. Narrated 'Umar bin Al -Khattb
iit Once I gave a horse (for riding)
in Al l ah's Cause. Later, I saw itbeing sol d. I
asked Al l ah's Messenger (whether I coul d
buy it). He said, "Don'tbuy it, for you
shoul d notgetback whatyou have given in
charity. "
52 - THE BOOK OF W ITNESSES Q1.34.4h 6
.
Ja - 463
52 THE BOOK OF W ITNESSES
rule that the plaintiff has to produce a proof.
The Statement of Allah )W :
110 you who believe! W hen you contract a
debt for a fixed period, write it down..
(V.2:282)
And the Statement of Allah J. :
"0 you who believe! Stand out firmly for
Justice, as witnesses to Allah... (to the end of
the verse) Ever W ell-Acquainted with what
you do." (V.4:135)
(2) CHAPTER. If a person attests the
honourable record of a witness by saying,
"I do not know except good about him.
"

In the narration of the forged story (i. e. ,
the accusation of 'Aishah i a) when
the Prophet
j
consul ted UsAma (regarding
Aishah), Usama said, "Keep your wife, as
we know nothing abouther exceptgood. "
2637. Narrated 'Urwa bin Al -Musaiyab,
Aiqama bin W aqqa and 'Ubaidul l ah bin
Abdul l h aboutthe story of
'Aishah L and their narrations were
simil ar attesting each other, when the l iars
said whatthey invented about'Aishah, and
the Divine Revel ation was del ayed, Al l ah's
Messenger jotsentfor 'Al l and Usma to
consul tthem in divorcing his wife (i. e. ,
'Aishah). Usma said, "Keep your wife, as
we know nothing abouther exceptgood."
Barira said, "I cannotaccuse her of any
defectexceptthatshe is stil l a young girl who
sl eeps, negl ecting her famil y's dough which
the domestic goats come to eat(i. e. , she was
too simpl e-minded to deceive her husband). "
Al l ah's Messenger said, "W ho can hel p
me to take revenge over the man who has
52 -TILE BOOK OF W ITNESSES Q1. 344$1 - 464
harmed me by defaming the reputation of my
famil y? By Al l ah, I have notknown aboutmy
famil y anything exceptgood, and they
mentioned (i. e. , accused) a man about
whom I did notknow anything exceptgood."
(3) CHAPTER. The witness of an
eavesdropper.
'Ainr bin Huraith al l owed such a witness
and said, "This is the way to be fol l owed to
discover the real ity of an evil person. " Ibn
SirIn, 'Ata' and Qatada said, "A witness can
be based on hearing onl y (i. e. , even if the
hearer does notsee the speaker. )" Al -Uasan
used to say atthe time of giving evidence,
"They did notmake me a witness butI heard
such and such."
i: Al l ah's Messenger and Ubal bin
. (a'b Al -Anri wentto the garden where Ibn
Saiyyad used to l ive. W hen Al l ah's
Messenger entered (the garden), he
(i. e. , Al l ah's Messenger j) started hiding
himsel f behind the date-pal ms as he wanted
to hear secretl y the tal k of Ibn $aiyyd before
the l atter saw him. Ibn Saiyydd wrapped with
a softdecorated sheetwas l ying on his bed
murmuring. Ibn Saiyyad's mother saw the
Prophethiding behind the stems of the
date-pal ms. She addressed Ibn Saiyyad
saying, "0 Saf, this is Muhammad. "
Hearing thatIbn Saiyyad stopped
murmuring (or gotcautious), the Prophet
said, "If she had l efthim undisturbed, he
52 - THE BOOK OF W ITNESSES

woul d have reveal ed his real ity. "
[See Vol . 4, Ijadi tli No. 3055, 3056, for
detail s]
2639. Narrated 'Aishah it: The
wife of Rif'a Al -QurazI came to the Prophet
and said, "I was Rifa'a's wife, buthe
divorced me and itwas a final irrevocabl e
divorce. Then I married 'Abdur-Rahman bin
Az-Zubair buthe is impotent. " The Prophet
asked her, "Do you wantto re-many
Rifg'a? You cannot, unl ess you enjoy a
compl ete sexual rel ation with your present
husband and he enjoys a compl ete sexual
rel ation with you." Ab Bakr was sitting with
Al l ah's Messenger and Khl id bin Sa'id
bin Al -'As was atthe door waiting to
admitted. He said, "0 AbU Bakr! Do you
hear whatthis (woman) is reveal ing frankl y
before the Prophet ;?"
(4) CHAPTER. W hen a witness or witnesses
give an evidence.
And some peopl e say thatthey do not
know such an evidence, then the case wil l be
decided according to the statementof the
witnesses. A-Humaidi said, "This
(judgement) was adopted when Bil l said
thatthe Prophethad offered Salat
52-THE BOOK OF W ITNESSES 3l I 6
.
Ja - 466
(prayer) inside the Ka'bah whil e Al -Fal said
thathe had notoffered Salat, so the peopl e
accepted Bilal's assertion. Simil arl y, if two
persons give witness thatsuch a person owes
another one thousand Dirham, buttwo other
witnesses state thathe owes him one
thousand and five hundred Dirham then the
judgementwil l be based on the higher
amount.
2640. Narrated 'Abdul l h bin AbU
Mul aika from 'Uqba bin Al -Uarith: 'Uqba
married the daughter of AbU Ihb bin 'Aziz,
and then a woman came and said, "I suckl ed
'Uqba and his wife . " 'Uqba said to her, "I do
notknow thatyou have suckl ed me, and you
did notinform me. " He then sentsomeone
to the house of Abu Ihab to enquire about
thatbutthey did notknow thatshe had
suckl ed their daughter. Then 'Uqba wentto
the Prophetin Al -Madina and asked him
aboutit. The Prophetsaid to him, "How
(can you keep your wife) after ithas been said
(thatboth of you were suckl ed by the same
woman)?" So, he divorced her and she was
married to another man.
(5) CHAPTER. The just witnesses. And the
Statement of Allah )t. . . :
"And take as witness two justpersons
from among you (Musl ims). . . . . (V.65 :2)
". . . such as you agree for witnesses. . . "
(V. 2:282)
2641. Narrated 'Umar bin A1-Khattb
Peopl e were (sometimes) judged
by the reveal ing of a Divine Revel ation
during the l ifetime of Al l ah's Messenger ,
butnow there is no l onger any more (new
revel ation). Now, we judge you by the deeds
31
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you practise publ icl y, so we wil l trustand
favour the one who does good deeds in front
of us, and we wil l notcal l him to account
aboutwhathe is real l y doing in secret, for
Al l ah wil l judge him for that;butwe wil l not
trustor bel ieve the one who presents to us
with an evil deed even if he cl aims thathis
intentions were good.
(6) CHAPTER. How many witnesses are
sufficient to attest one's good or bad record?
2642. Narrated Anas : A funeral
procession passed in frontof the Prophet
and the peopl e praised the deceased. The
Prophetsaid, "Ithas been affirmed
(Paradise). " Then another funeral
procession passed by and the peopl e tal ked
badl y of the deceased. The Prophetsaid,
"Ithas been affirmed (Hel l ). " Al l ah's
Messenger was asked, "0 Al l ah's
Messenger! You said ithas been affirmed
for both?" The Prophetsaid, "The
testimony of the peopl e (is accepted), (for)
the bel ievers are Al l ah's witnesses on the
earth. "
2643. Narrated Abu Al -Aswad: Once I
wentto Al -Madina and atthattime there was
an outbreak of disease and the peopl e were
dying rapidl y. I was sitting with 'Umar
L and a funeral procession passed by. The
peopl e praised the deceased. 'Umar said, "It
has been affirmed (Paradise) . " Then another
funeral procession passed by. The peopl e
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praised the deceased. 'Umar said, "Ithas
been affirmed (Paradise). " Then a third
funeral procession passed by and the peopl e
tal ked badl y of the deceased. 'Umar said, "It
has been affirmed (Hel l ) . " I asked 'Umar,
"0 chief of the bel ievers! W hathas been
affirmed?" He said, "I have said whatthe
Prophetsaid. He said, 'Al l ah wil l admit
into Paradise any Musl im whose good
character is attested by four persons. ' W e
asked the Prophet, 'If there were three
witnesses onl y?' He said, 'Even three. ' W e
asked, 'If there were two onl y?' He said,
'Even two. ' Butwe did notask him aboutone
witness."
(7) CHAPTER. To give witness concerning
lineage, foster suckling relations and dead
persons, who died long before.
The Prophetsaid, "I and AbU Sal ama
were suckl ed by Thuwaiba . "
The necessity of being sure of the witness
in such cases.
2644. Narrated 'Aishah i Afl ah
asked the permission to visitme butI did not
al l ow him. He said, "Do you veil yoursel f
before me al though I am your uncl e?"
'Aishah said, "How is that?" Afl ab repl ied,
"You were suckl ed by my brother's wife with
my brother's mil k. " I asked Al l ah's
Messenger aboutit, and he said, "Afl ab
is right, so permithim to visityou. "
jI - 469
2645. Narrated Ibn 'Abbs 4, i :
The Prophetsaid aboutUamza's
daughter, "I am notl egal l y permitted to
marry her, as foster suckl ing rel ations are
treated l ike bl ood rel ations (in marital
affairs). She is the daughter of my foster
brother. "
4-
Zi the
wife of the Prophetj: W hil e the Prophet
was with me (in my house), I heard a man
asking IIafa's permission to enter her house.
'Aishah i4 further said, "I said '0
Al l ah's Messenger! I think the man is Uafa's
foster uncl e. " 'Aishah added, "0 Al l ah's
Messenger! There is a man asking the
permission to enter your house. " Al l ah's
Messenger , repl ied, "I think the man is
Hafsa's foster uncl e." 'Aishah said, "If so-
and-so were l iving (i. e. , her foster uncl e)
woul d he be al l owed to visitme?" Al l ah's
Messenger said, "Yes, he woul d, as the
foster suckl ing rel ations are treated l ike
bl ood rel ations (in marital affairs). " [i. e. ,
those things which are il l egal because of
bl ood rel ations are to be considered as il l egal
because of the corresponding foster suckl ing
rel ations].
2647. Narrated 'Aishah i Once
the Prophetcame to me whil e a man was
in my house. He said, "0 'Aishah! W ho is
jJI 6JU - 470
this (man)?" I repl ied, "My foster brother. "
He said, "0 'Aishah! Be sure aboutyour
foster brothers, as fostership is onl y val id if it
takes pl ace in the suckl ing period (before two
years of age as the chil d sucks with hunger) . "
(8) CHAPTER. The witness of a person
falsely accusing somebody of illegal sexual
intercourse and the witness of a thief or an
adulterer.
The Statementof Al l ah j-i : ". . . And
rejecttheir testimony forever, they indeed
are the Fasi qun(l iars, rebel l ious, disobedient
to Al l ah). Exceptthose who repent
thereafter and do righteous deeds. .
(V.24:4,5)
'Umar gave l egal punishmentof scourging
to Abu Bakra, Shibl bin Ma'bad and Nfi' for
accusing Al -Mugira for il l egal sexual
intercourse fal sel y, and then they were
made to repentand he said thatwhoever
repented, his witness woul d be accepted (in
the future). 'Abdul l h bin 'Utba,' 'Umar bin
'Abdul Am, Sa'id bin Jubair, Tawus,
Mujahid, Ash-Sha'bi, 'Ikrima, Az-Zuhri,
Muhrib bin Dithar, Shuraib and Mu'awiya
bin Qurra considered itpermisibl e (i. e. , the
witness of the fal se accusers after being
punished). Abu Az-Zinad said, "Our
verdictin Al -Madina is that, if the fal se
accuser (of others of il l egal sexual
intercourse) withdraws the accusation and
repents, then his (future) witness is
acceptabl e." Ash-Sha'bi and Qatada said,
"If he tel l s thathe has tol d a l ie, the l egal
punishmentwil l be instituted againsthim,
a$t+iil
6
.
Ja - 471
buthis (future) witness wil l be accepted
Ath-Thauri said, "If a sl ave is scourged
(for fal sel y accusing others of il l egal sexual
intercourse) and l ater on he is manumitted,
then his (future) witness is to be accepted. If
somebody who has received such punishment
is made a judge, his decisions wil l be val id."
Some peopl e said, "The witness of a fal se-
accuser is notto be accepted even if he
repented. " They added: "The marriage is
notl egal unl ess itis witnessed by two
witnesses;itis permissibl e thatthe two
witnesses can be those who have received
such punishments, butthe sl aves are notto
be accepted as witnesses to marriage." He
accepts the witness of the person who has
received the punishment(for fal sel y accusing
others of il l egal sexual intercourse) and the
witness of a mal e sl ave and a femal e sl ave
concerning the appearance of the new moon
(i. e. , crescent) (of the month of fasting etc. ).
How to know the repentance of a person who
has received the punishmentof fal se
accusation and no doubt, the Prophet
keptan adul terer in exil e for one year. The
Prophetdid notal l ow anybody to tal k to
Ka'b bin Ml ik and his two companions for
fifty days.
2648. Narrated 'Urwa bin Az-Zubair: A
woman committed theftin the Ghazwa of the
Conquest(of Makkah) and she was taken to
the ProphetQ5 who ordered her hand to be
cutoff. 'Aishah said, "Her repentance was
perfectand she was married (l ater) and used
to come to me (after that) and I woul d
presenther needs to Al l ah's Messenger
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2649. Narrated Zaid bin Khal id jii
Z: Al l ah's Messenger 0, ordered thatan
unmarried man who committed il l egal sexual
intecourse be scourged one hundred l ashes
and sentinto exil e for one year.
(9) CHAPTER. Do not be a witness for
injustice, if asked for that.
2650. Narrated An-Nu'man bin Bashir
My mother asked my father to
presentme a giftfrom his property;and he
gave itto me after some hesitation. My
mother said thatshe woul d notbe satisfied
unl ess the Prophetis made a witness to it.
I being a young boy, my father hel d me by the
hand and took me to the Prophet . He said
to the Prophet, "His mother, bint
Rawaba, requested me to give this boy a
gift. " The Prophetjsaid, "Do you have
other sons besides him?" He said, "Yes. "
The Prophetsaid, "Do notmake me a
witness for injustice. "
Narrated Ash-'Sha'bi thatthe Prophet
said, "I wil l notbecome a witness for
injustice ."
2651. Narrated Zahdam bin Mudarrib: I
heard 'Imran bin Huain .b I saying,
"The Prophetsaid, 'The bestamongstyou
peopl e are those l iving in my century
(generation), then those coming after them,
L4 [V :3i fl]
4J
QIJ44316J4 -
II
and then those coming after [the second
century (generation)]. '" 'Imran said, "I do
notknow whether the ProphetjW mentioned
two or three centuries (generations) after
your presentcentury (generation). The
Prophetadded, 'There wil l be some
peopl e after you, who wil l be dishonestand
wil l notbe trustworthy and wil l give witness
(evidences) withoutbeing asked to give
witness, and wil l vow butwil l notful fil their
vows, and fatness wil l appear among them'. "
2652. Narrated 'Abdul l h'Zr- The
Prophetsaid: "The bestpeopl e are the
peopl e of my century (generation), then
those coming after them, and then those
coming after the l atter. After thatthere wil l
come some peopl e whose witness wil l
precede their oaths, and their oaths wil l
precede their witness. " Ibrhim (a sub-
narrator) said, "W e used to be beaten for
taking oaths by saying, 'I bear witness by the
Name of Al l ah or by the Covenantof
A1l ah'. " 1 (See H. 3651, 6429, 6658)
(10) CHAPTER. W hat has been said about
false witness.
In respectof the Saying of Al l ah )t.:
"And those who do notbear witness to
fal sehood. . . . . (V. 25 :72)
W hatis said abouthiding or conceal ing
evidences, as Al l ah jW says:
". . . And conceal notthe evidence for he,
who hides it, surel y his heartis sinful . And
(1) (H. 2652) Ibrhim means thatwhen they were stil l boys, their el ders woul d beatthem if
they took oaths, so thatthey woul d notgetaccustomed to taking oaths on al l occasions
even needl essl y. (Fath A l-Ban)
- OT
Al l ah is Al l -Knower of whatyou do. "
(V. 2:283)
". . . And if you distortyour witness
(V. 4:135) means 'distortyour witness with
your tongues. . . "
2653. Narrated Anas Z The
Prophetwas asked aboutthe greatsins,
He said, "They are:
(1) To join others in worship with Al l ah,
(2) To be undutiful to one's parents,
(3) To kil l a person (which Al l ah has
forbidden to kil l ) (i. e. , to committhe crime
of murdering).
(4) And to give a fal se witness."
2654. Narrated Ab Bakra -- :The
Prophetsaid thrice, "Shoul d I inform you
aboutthe greatestof the greatsins?" They
said, "Yes, 0 Al l ah's Messenger!" He said,
"(1) To join others in worship with Al l ah
(2) and to be undutiful to one's parents. "
The Prophetthen satup after he had been
recl ining (on a pil l ow) and said,
"(3) And I warn you againstgiving a l ying
speech (fal se statement)," and he kepton
saying thatwarning til l we thoughthe woul d
notstop.
[See Vol. 8, Hadi th No.5976]
[ro
:-L_-J11 4L [TAr
52 - THE BOOK OF W ITNESSES - 475
(11) CHAPTER. The witness of a blind man,
his marriage, his affairs, the marriage
conducted by him, and his buying and
selling;and accepting his call for the Salt
(prayer), etc., and what can be known by
sound or voice.
Al -Qasim, Al -Hasan, Ibn Sirin, Az-Zuhri
and 'Ata' permitted the witness of the bl ind.
Ash-Sha'bi said, "The witness of a bl ind man
is val id if he is intel l igentand witty. " Al -
Hakam said, "The witness of a bl ind man in
certain things is to be accepted. " Az-Zuhri
said, "Suppose Ibn 'Abbas gave a witness
againstme, woul d you rejecthis witness?"
Ibn 'Abbas used to send a man to watch the
sunsetso thathe mightbreak his fast. He
woul d ask aboutthe dawn, and if he was
informed thatitwas dawn, he woul d offer
two Rak'a prayer. Sul aiman bin Yasar said,
"I asked 'Aishah to admitme into her house
and she recognized my voice and said,
,
"Sul aiman! Come in, as you are stil l a sl ave
so l ong as you stil l owe partof the price of
your manumission. " Samura bin Jundab
accepted the evidence of a veil ed woman.
2655. Narrated 'Aishah t ti i The
Prophetheard a man (reciting the Qur'an)
in the mosque, and he said, "May Al l ah
bestow His Mercy upon him. No doubt, he
made me remember such and such Verses of
such and such Srah which I dropped (from
my memory)."
Narrated 'Aishah t4 : The Prophet
1 performed the Tahajjud prayer in my
house, and then he heard the voice of 'Abbd
who was offering Salat (prayer) in the
mosque, and said, "0 'Aishah! Is this
'Abbd's voice?" I said, "Yes. " He said,
"0 Al l ah! Be Merciful to 'Abbd!"
L4.L t: The ProphetjW said, "Bil al
pronounces the
A 4J i n
when itis stil l night
(before dawn), so eatand drink til l the next
A 4/ani s pronounced (or til l you hear Ibn
Umm MaktUm's A dhan)." Ibn Umm
MaktUm was a bl ind man who woul d not
pronounce the A 4Iantil l he was tol d thatit
was dawn.
52-THE BOOK OF W ITNESSES Ltj. th 6
.
ja - 476
2657. Narrated Al -Miswar bin Makhrama
Some outer garments were
presented to (or received by) the Prophet
and my father (Makhrama) said to me, "Let
us go to the Prophetso thathe may give us
something from the garments. " So, my
father stood atthe door and spoke. The
Prophetiii recognized his voice and came
outcarrying a garmentand tel l ing Makhrama
the good qual ities of thatgarment, adding, "I
have keptthis for you, I have keptthis for
you. "
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(12) CHAPTER. The witness of women.
". . . And if there are nottwo men
(avail abl e), then a man and two women. . . "
(V. 2:282)
Z : The Prophetsaid, "Isn'tthe witness
of a woman equal to hal f of thatof a man?"
The women said, "Yes. " He said, "This is
because of the deficiency of a woman's
mind. "
(13) CHAPTER. The witness of male and
female slaves.
Anas said, "The witness of a sl ave is to be
trusted, provided he is a just, wel l -reputed
man. " Shuraih and Zurara bin AUfa
considered itpermissibl e. Ibn Sirin
considered the witness of a sl ave
permissibl e exceptwhen in favour of his
master. A. . Iasan and Ibrahim considered it
permissibl e in minor matters. Shuraih said,
"You are al l the sons of sl aves and sl ave-
girl s. "
2659. Narrated 'Uqba bin Al -Hrith that
he had married Umm Yal iy bintAbU Ihab.
He said. "A bl ack sl ave-l ady came and said,
'E suckl ed you both. ' I then mentioned thatto
the Prophetitwho turned his face aside. "
Uqba further said, "I wentto the other side
and tol d the Prophetaboutit. He said,
'F-l ow can you (keep her as your wife) when
the l ady has said thatshe suckl ed both of you
(i. e. , you and your wife)?" So, the Prophet
ordered him to divorce her.
(Yr)
. [M :yJJ
4tZ14
52- THE BOOK OF W ITNESSES - 478
(14) CHAPTER. The witness of a wet nurse.
2660. Narrated 'Uqba bin Al -Urith
. u: I married a woman and l ater on a
woman came and said, "I suckl ed you both. "
So, I wentto the Prophet(to ask him
aboutit). He said, "How can you (keep her
as a wife) when ithas been said (thatyou
were foster brother and sister)? Leave
(divorce) her. "
(15) CHAPTER. The women's attesting the
honourable record of each other.
2661. Narrated 'Aishah Li t
I
(the
wife of the Prophet ):"W henever Al l ah's
Messenger intended to go on a journey, he
woul d draw l ots amongsthis wives and woul d
take with him the one upon whom the l otfel l .
During a G/azwa of his, he drew l ots
amongstus and the l otfel l upon me, and I
proceeded with him after Al l ah had decreed
the use of the veil by women. I was carried in
a Hawdaj (on the camel ) and dismounted
whil e stil l in it. W hen Al l ah's Messenger
tj
had finished his Ghazwa and returned home,
and we approached the city of Al -Madina,
Al l ah's Messenger ordered us to proceed
atnight. W hen the order of setting off was
given, I wal ked til l I l eftthe army (camp)
behind to answer the cal l of nature. After
finishing I returned (to the camp) to depart
(with the others) and suddenl y real ized that
my neckl ace over my chestwas missing. So, I
52 -THE BOOK OF W ITNESSES
4IJI - 479
returned to l ook for itand was del ayed
because of that. The peopl e who used to
carry me on the camel , came to my Hawdaj
and putiton the back of the camel , thinking
thatI was in it, as, atthattime, women were
l ightin weight, and thin and l ean, and did not
use to eatmuch. So, those peopl e did not
feel the difference in the heaviness of the
Hawdaj whil e l ifting it, and they putitover
the camel . Atthattime I was a young l ady
(l ess than 15 years ol d). They setthe camel
moving and proceeded on. I found my
neckl ace after the army had gone, and
came to their camp to find nobody. So, I
wentto the pl ace where I used to stay,
thinking thatthey woul d discover my absence
and come back in my search. W hil e in that
state, I fel tsl eepy and sl ept. Safwan bin
Mu'attal As-Sul ami Adh-Dhakwgni was
behind the army and reached my abode in
the morning. W hen he saw a sl eeping
person, he came to me, and he had seen
me before veil ing. So, I gotup when I heard
hi m sayi ng, 'Inna li llahi wa i nna i lai hi raji 'un
(Trul y to Al l ah we bel ong and trul y to Him
we shal l return). . . (2:156).' He made his
camel kneel down. He gotdown from his
camel , and puthis l eg on the frontl egs of the
camel and then I rode and satover it. SafwAn
setoutwal king, l eading the camel by the
rope til l we reached the army who had hal ted
to take restatmidday. Then whoever was
meantfor destruction, fel l into destruction,
(some peopl e accused me fal sel y) and the
l eader of the fal se accusers was 'Abdul l ah bin
Uhai bin Sal Ul . After thatwe returned to Al -
Madina, and I became il l for one month
whil e the peopl e were spreading the forged
statements of the fal se accusers. I was feel ing
during my ail mentas if I were notreceiving
the usual kindness from the Prophetwhich
I used to receive from him when I gotsick.
52-THE BOOK OF W ITNESSES tl4l 6its -
ot [48O
Buthe woul d come, greetand say, 'How is
that(girl )?' I did notknow anything of what
was going on til l I recovered from my ail ment
and wentoutwith Umm Mistah to the
Mansi' where we used to answer the cal l of
nature, and we used notto go to answer the
cal l of nature exceptfrom nightto nightand
thatwas before we had l avatories near to our
houses. And this habitof ours was simil ar to
the habitof the ol d Arabs in the open country
(or away from houses). So, I and Umm
Mistah bin Ruhm wentoutwal king. Umm
Mistah stumbl ed because of her l ong dress
and on hatshe said, 'LetMistah be ruined. '
I said, 'You are saying a bad word. W hy are
you abusing a man who took partin (the
battl e of) Badr?' She said, '0 Hanta (you
there), didn'tyou know whatthey said?'
Then she tol d me the rumours of the fal se
accusers. My sickness was aggravated, and
when I returned home, Al l ah's Messenger
came to me, and after greeting he said, 'How
is that(girl )?' I requested him to al l ow me to
go to my parents. I wanted then to be sure of
the news through them. Al l ah's Messenger
ktal l owed me, and I wentto my parents and
asked my mother, 'W hatare the peopl e
tal king about?' She said, '0 my daughter!
Don'tworry much aboutthis matter. By
Al l ah, never is there a charming woman
l oved by her husband who has other wives,
butthe women woul d forge fal se news about
her. ' I said, 'Gl orified is Al l ah! Are the
peopl e real l y tal king of this matter?' That
nightI kepton weeping and coul d notsl eep
til l morning. (The subnarrator added:) In
the morning Al l ah's Messenger ;cal l ed 'Al l
bin Abi Tal ib and Usama bin Zaid, when he
saw the Divine Revel ation del ayed, to
consul tthem aboutdivorcing his wife (i. e. ,
'Aishah). Usama bin Zaid said whathe knew
of the good reputation of his wives and
52 - THE BOOK OF W ITNESSES . . - 481
added, '0 Al l ah's Messenger! Keep your
wife, for, by Al l ah, we know nothing about
her butgood. ' 'Al tbin AN Tal ib said, '0
Al l ah's Messenger! Al l ah has notimposed
restrictions on you, and there are many
women other than she, yetyou may ask the
woman-servantwho wil l tel l you the truth. '
On thatAl l ah's Messenger cal l ed Barira
and said, '0 Barira! Did you ever see
anything which roused your suspicions
abouther?' Barira said. 'No, by Al l ah W ho
has sentyou with the Truth, I have never
seen in her anything faul ty exceptthatshe is a
girl of immature age, who sometimes sl eeps
and l eaves the dough for the goats to eat. ' On
thatday Al l ah's Messenger , ascended the
pul pitand requested thatsomebody support
him in punishing 'Abdul l h bin Ubai bin
Sal ul . Al l ah's Messenger . said, 'W ho wil l
supportme to punish thatperson ('Abdul l h
bin Ubai bin Sal Ul ) who has hurtme by
sl andering the reputation of my famil y? By
Al l ah, I know nothing aboutmy famil y but
good, and they have accused a person about
whom I know nothing exceptgood, and he
never entered my house exceptin my
company. '
Sa'd bin Mu'dh gotup and said, '0
Al l ah's Messenger! By Al l ah, I wil l rel ieve
you from him. If thatman is from the tribe of
the 'Aus, then we wil l chop his head off, and
if he is from our brothers, the Khazraj, then
order us, and we wil l ful fil l your order. ' On
thatSa'd bin 'Ubada, chief of the Khazraj
and before this incident, he had been a pious
man, gotup, motivated by his zeal for his
tribe and said, 'By Al l ah, you have tol d a l ie;
you cannotkil l him, and you wil l never be
abl e to kil l him. ' On thatUsaid bin Al -
Uudair gotup and said (to Sa'd bin 'Ubada),
'By Al l ah! you are a l iar. By Al l ah, we wil l kil l
him;and you are a hypocrite, defending the
52 - THE BOOK OF W ITNESSES Q1. 34. iwl 60a - 482
hypocrites. ' On this, the two tribes of 'AUs
and Khazrajgotexcited and were aboutto
fighteach other, whil e Al l ah's Messenger j
was standing on the pul pit. He gotdown and
quietened them til l they became sil entand he
keptquiet. ('Aishah Li i ;continued:)
On thatday I kepton weeping so much so
thatneither did my tears stop, nor coul d I
sl eep.
In the morning my parents were with me
and I had weptfor two nights and a day, til l I
thoughtmy l iver woul d burstfrom weeping.
W hil e they were sitting with me and I was
weeping, an A nsri woman asked my
permission to enter, and I al l owed her to
come in. She satdown and started weeping
with me. W hil e we were in this state, Al l ah's
Messenger jgtcame and satdown and he had
never satwith me since the day they forged
the accusation. No revel ation regarding my
case came to him for a month. He recited
Shahadah (i. e. , La i lha i llallah wa anna
Muhammad-ar-Rasul A llah none has the
rightto be worshipped butAl l ah, and
Muhammad is Al l ah's Messenger) and then
said, '0 'Aishah! I have been informed such
and such aboutyou;if you are innocent, then
Al l ah wil l soon reveal your innocence, and if
you have committed a sin, then repentto
Al l ah and ask Him to forgive you, for when a
person confesses his sin and asks Al l ah for
forgiveness, Al l ah accepts his repentance. '
W hen Al l ah's Messenger finished his
speech, my tears ceased compl etel y and
there remained noteven a singl e drop of it.
I requested my father to repl y to Al l ah's
Messenger on my behal f. My father said,
'By Al l ah, I do notknow whatto say to
Al l ah's Messenger . ' I said to my mother,
'Tal k to Al l ah's Messenger on my behal f. '
She said, 'By Al l ah, I do notknow whatto
say to Al l ah's Messenger . ' I was a young
52 -- THE BOOK OF W ITNESSES jJl 6jUS - or 483
girl and did nothave much knowl edge of the
Qur'an. I said, 'I know, by Al l ah, thatyou
have l istened to whatpeopl e are saying and
thathas been pl anted in your minds and you
have taken itas a truth. Now, if I tol d you
thatI am innocent, and Al l ah knows thatI
am innocent, you woul d notbel ieve me, and
if I confessed to you fal sel y thatI am guil ty,
and Al l ah knows thatI am innocent, you
woul d bel ieve me. By Al l ah, I cannotfind for
you and I, an exampl e, exceptthatof YUsuf's
(Joseph's) father [i. e. , Yaqb (Jacob) 4J,
who said, ". . . So, (for me) patience is
mostfitting. And itis Al l ah (Al one) W hose
hel p can be soughtagainstthat(l ie) which
you describe. ' (V. 12:18). Then I turned to
the other side of my bed hoping thatAl l ah
woul d prove my innocence. By Al l ah, I never
thoughtthatAl l ah woul d reveal Divine
Revel ation in my case, as I considered
mysel f too inferior to be tal ked of in the
Qur'an. I had hoped thatAl l ah's Messenger
mighthave a dream in which Al l ah woul d
prove my innocence. By Al l ah, Al l ah's
Messenger had notgotup and nobody
had l eftthe house before the Divine
Revel ation came to Al l ah's Messenger .
So, there overtook him (i. e. , the Prophet)
the same state which used to overtake him,
(when he used to have, on being inspired
Divinel y). He was sweating so much so that
the drops of the sweatwere dropping l ike
pearl s though itwas a (col d) wintry day.
W hen thatstate of Al l ah's Messenger was
over, he was smil ing and the firstword he
said, ' 'Aishah! Thank Al l ah, for Al l ah has
decl ared your innocence. ' My mother tol d
me to go to Al l ah's Messenger . I repl ied,
'By Al l ah I wil l notgo to him and wil l not
thank butAl l ah. '
So Al l ah reveal ed:
Veril y! Those who broughtforth the
52 - THE BOOK OF W ITNESSES 484 11
sl ander (against'Aishah t-- the wife
of the Prophet) are a group among you. . . '
(V. 24:1 1)
"W hen Al l ah gave the decl aration of my
innocence, AbU Bakr, who used to provide
for Mistah bin Athatha, for he was his
rel ative, said, 'By Al l ah, I wil l never
provide Mistab with anything because of
whathe said about'Aishah. ' ButAl l ah l ater
reveal ed:
'And l etnotthose among you who are
bl essed with graces and weal th swear notto
give (any sortof hel p). . up to. . Oft-forgiving,
Most-Merciful . ' (V. 24:22)
"After thatAbu Bakr said, 'Yes! By
Al l ah! I l ike thatAl l ah shoul d forgive me,'
and resumed hel ping Mistab whom he used
to hel p before
'Aishah added: "Al l ah's Messenger .
al so asked Zainab bintJahsh (i. e. , the
Prophet's wife) aboutme saying, 'W hatdo
you know and whatdid you see?' She repl ied,
O Al l ah's Messenger! I refrain to cl aim
hearing or seeing whatI have notheard or
seen. By Al l ah, I know nothing except
goodness about'Aishah'. " 'Aishah further
added, "Zainab was competing with me (in
her beauty and the Prophet's l ove), yetAl l ah
protected her (from being mal icious), for she
had piety. "
:L
:J
J,
L
3i
L'
(16) CHAPTER. If only one man attests the
(good) conduct of another, then it is
sufficient.
AhU Janl l a said, "1 found a foundl ing,
and when 'Umar saw me he said (whatmay
mean). 'Perhaps whatyou intend to do wil l
cause you rouhl e,' as if he was accusing me
(of denying my paternity of the chil d and
cainhing fal sel y thathe was a foundl ing). My
monitor said, 'l ie is real l y a pious man. '
l iniar said to me, 'If itis so, then go (and be
the chil d's guardian) and we wil l provide for
it(from the Musl im's treasury)
- 486
2662. Narrated AbU Bakra i A
man praised another man in frontof the
Prophet. The Prophetsaid to him,
"W oe to you, you have cutoff your
companion's neck, you have cutoff your
companion's neck," repeating itseveral
times and then added, "W hoever amongst
you has to praise his brother shoul d say, 'I
think thathe is so-and-so, and Al l ah knows
exactl y the truth, and I do notconfirm
anybody's good conductbefore Al l ah, butI
think him so-and-so,' if he real l y knows what
he says abouthim. "
(17) CHAPTER. W hat is hated of
exaggeration in praising, and one should
say only what he knows.
2663. Narrated AbU MUsa Al -Ash'ari
: The Prophet. heard someone
praising another and exaggerating in his
praise. The Prophetsaid, "You have
ruined or cutthe man's back (by praising him
much) . "
(18) CHAPTER. The boys attaining the age
of puberty and the validity of their witness.
And the Statementof Al l ah )L:
"And when the chil dren among you come
to puberty, then l etthem (al so) ask for
permission. " (V. 24:59)
Al -Mugira said, "I attained puberty at
the age of twel ve." The attaining of puberty
by women is with the startof menses, as is
52-THE BOOK OF W ITNESSES
Q1144.,W ..,UOT487
referred to by the Statementof Al l ah J-, :
"And those of your women as have passed
the age of monthl y courses, (up to) until they
del iver (their burdens). . . . . (V.65 :4)
Al -Hasan bin $Al ih said, "I saw a
neighbouress of mine who became a
grandmother atthe age of twenty-one.
"(1)
Al l ah's Messenger cal l ed me to present
mysel f in frontof him on the eve of the battl e
of Uhud, whil e I was fourteen years of age at
thattime, and he did notal l ow me to take
partin thatbattl e, buthe cal l ed me in front
of him on the eve of the battl e of the Trench
when I was fifteen years ol d, and he al l owed
me (to join the battl e) . " Nafi' said, "I wentto
'Umar bin 'Abdul AzIz who was cal iph atthat
time and rel ated the above narration to him.
He said, "This age (fifteen) is the l imit
between chil dhood and manhood," and
wrote to his governors to give sal aries to
those who reached the age of fifteen 2 .
2665. Narrated AbU Said A1-Khudri e;
. The Prophetsaid, "Taking a bath
on Friday is compul sory for those who have
attained the age of puberty. "
L
5UJ
i 44
--
. J iL i-
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[ADA:
(1) (Ch. 18) This woman attained puberty atthe age of nine and married to give birth to a
daughter atten;the daughter had the same experience.
(2)
(H. 2664) W hen a Musl im reached the age of fifteen, he was regarded as a sol dier
ready to carry arms when required;on this basis he was given a sal ary.
52 - THE BOOK OF W ITNESSES t$JI 6
.
ja - 488
(19) CHAPTER. The question of the judge to :Jl . fl . uil ji,L
()
the plaintiff, "Have you a proof?" before
-
asking the defendant to take an oath. -. --
2666, 2667. Narrated 'Abdul l h LU rv
i: Al l ah's Messenger . said. "If somebody
y
L-
takes a fal se oath in order to grab the '
property of a Musl im (unjustl y) by that 3l C.
oath then Al l ah wil l he angry with him
when he wil l meetHim. AI-Ash'ath
i nformed me, "By Al l ah! This was said
. .
regarding me. There was a dispute abouta
-- - -
j
L
l ip
piece of l and between me and a man from the -
I -
Jews who denied my right. Itook him to the
JL : JU .
Prophet. Al l ah's Messenger : asked me,
L5
41
Do you have an evidence? I repl ied in the -
negative. He said to the Jew 'Take in oath. '-
I said '0 Al l ah's Messenger! He wil l surel y
4;'- ,
take an oath and take my property unjustl y'. '
-
So, Al l ah reveal ed: :
JL
"Veril y! those who purchase a smal l gain

oaths. . . " (V. 3:77) : !u :J :
11
a
. [vv 21
5i
[rv .r31 :
(20) CHAPTER. The defendant must take an iJl ).
,Li
()
oath in matters concerning property or legal
punishments. - - - -
The Prophetsaid, (thatthe pl aintiff :
Ji
musthave) "Two witnesses, otherwise (the -,
U
.
defendant) shoul d take the oath. ' - - - - - -
Ibn Shubruma said, "W hen Abu A z-
)
J

Zind asked me my opinion aboutthe -
-' LJ
verdictthatone witness and the oath of the
pl aintiff are sufficient, I said, "Al l ah JU :
stated
A
And gettwo witnesses outof your own
52 - THE BOOK OF W ITNESSES - 489
men. And if there are nottwo men
(avail abl e), then a man and two women,
such as you agree for witnesses, so thatif one
of them (two women) errs, the other can
remind her. . . '" (V. 2:282)
[added, "If one witness and the oath of
the pl aintiff were sufficient, there woul d be
no need for one of the two women to remind
the other. "
2668. Narrated Ibn AbU Mul aika: Ibn
'Abbas wrote thatthe Prophet. gave his
verdicton the basis of the defendant's oath.
2669, 2670. Narrated AbU W ft'il :
Ahdul l h (bin Mas'Ud said,
"W hoever takes a (fal se) oath in order to
grab some property (unjustl y), Al l ah wil l be
angry with him when he wil l meetHim. Al l ah
confirmed thatthrough His Divine
Revel ation:
'Veril y, those who purchase a smal l gain
oaths. . (up to). . a painful torment. '"
(V. 3:77)
Al -Ash'ath bin Qais came to us and asked,
'W hatis AhU 'Abdur-Rahman (i. e. ,
'Abdul l h) tel l ing you?" W e tol d him what
he was narrating to us. He said, "He was
tel l ing the truth;this Divine Verse was
reveal ed in connection with me. There was
a dispute between me and another man about
something and the case was presented before
Al l ah's Messenger Omr who said, 'Produce
your two witnesses or el se the defendantis to
take an oath. ' I said, The defendantwil l
surel y take a (fal se) oath withoutheed. ' The
52-THE BOOK OF W ITNESSES - 490
Prophetsaid, 'W hoever takes a fal se oath
in order to grab (other's) property, then
Al l ah wil l be angry with him when he wil l
meetHim. Then Al l ah reveal ed its
confirmation. Al -Ash'ath then recited the
above Divine Verse." (V. 3:77)
(21) CHAPTER. If someone claims
something or accuses somebody of illegal
sexual intercourse, he should search for the
proof and he is to be given a respite to get an
evidence.
2671. Narrated Ibn 'Abbs L4L
Hil al bin Umaiyya accused his wife before the
Prophetof committing il l egal sexual
intercourse with Shank bin Sahma'. The
Prophetsaid, "Produce a proof, or el se
you woul d getthe l egal punishmnt(by being
l ashed) on your back. " Hil al said, "0 Al l ah's
Messenger! If anyone of us saw another man
over his wife, woul d he go to search for a
proof?" The Prophetwenton saying,
"Produce a proof or el se you woul d getthe
l egal punishment(by being l ashed) on your
back. " The Prophet;then mentioned the
narration of Li 'an' (as in the Hol y Book).
(Surat A n-Nr: No. 24)
(22) CHAPTER. The taking of an oath after
the 'A.yr prayer.
2672. Narrated Abo Hurairah
Al l ah's Messenger . said, "There are three
types of peopl e whom Al l ah wil l neither
speak to them nor l ook atthem nor purify
(1) (H. 2671) Literal l y, Li 'nmeans cursing, l egal l y itmeans an oath by which a husband
cl aims thathis wife has committed il l egal sexual intercourse. The wife in her turn
denies the accusation and takes a simil ar oath. In both oaths Al l ah is invoked to curse
the l iar. The case ends with divorce butno punishmentis imposed on any of the two
because there are no witnesses to confirm the accusation.
LS
:r4:L
L
tJl 6
.
ja - 491
them (from the sins), and they shal l have a
painful torment. (They are):
(1) A man possessed superfl uous water on
a way and he withhel d itfrom the travel l ers,
(2) A man who gives a Bai a (pl edge) to a
Musl im rul er and gives itonl y for worl dl y
gains. If the rul er gives him whathe wants,
he remains obedientto it, otherwise he does
notabide by it, and
(3) A man bargains with another man
after the 'A r prayer and the l atter takes a
fal se oath in the Name of Al l ah cl aiming that
he has been offered so much for the thing and
the former (bel ieves him and) buys it."
(23) CHAPTER. The defendant has to take
an oath wherever it becomes legally
compulsory, and it is not imperative to
take him from his place to another place
(i.e., a sacred place like a mosque) for this
purpose.
Marwan ordered Zaid bin Thabitto take
an oath on the pul pit, butthe l atter said, "I
wil l take an oath atmy pl ace," and started
taking the oath and refused to take iton
pul pit. Marwan was surprised athis refusal .
The Prophetsaid to the pl aintiff,
"Produce your two witnesses, or el se the
defendanthas to take an oath." Buthe did
notspecify (where the oath was to be taken).
2673. Narrated Ibn Mas'Ud Zi :
The Prophetsaid, "W hoever takes a
(fal se) oath in order to grab (others)
property, then Al l ah wil l be angry with him
when he wil l meetHim."
(24) CHAPTER. If (some people have to take
an oath) and each of them wants to take it
first.
The Prophet. asked some peopl e to take an
oath, and they hwried for it. The Prophet.
ordered thatl ots shoul d be drawn amongst
them as to who woul d take the oath first.
(25) CHAPTFR. The Statement of Allah
"Verily, those who purchase a small gain at
the cost of Allah's Covenant and their oaths,
they shall have no portion in the Hereafter
(Paradise). Neither will Allah speak to
them, nor look at them on the Day of
Resurrection nor will He purify them, and
they shall have a painful torment." (V. 3:77)
2675. Narrated 'Abdul l Ah bin Abu Aufa
L4 A man displ ayed some goods in
the marketand took a fal se oath thathe had
been offered so much for them, though he
was notoffered thatamount. Then the
fol l owing Divine Verse was reveal ed:
oaths." (V. 3:77)
Ibn AbU Aifa added, "Such person as
described above is a treacherous Ri ba-eater
(i. e. , eater of usury) . "
2676, 2677. Narrated AbU W a'il from
'Abdul l h The Prophet, said,
"W hoever takes a fal se oath in order to grab
another man's (or his brother's) property,
then Al l ah wil l be angry with him when he
wil l meetHim. " Then Al l ah confirmed this
[oy yroi
52- THE BOOK OF W ITNESSES l tl - 493
by reveal ing the Divine Verse:
'Veril y, those who purchase a smal l gain
oaths. . (up to). . a painful torment'"
(V. 3:77)
Al -Ash'ath metme and asked, "W hatdid
'Abdul l h tel l you today?" I said, "Such and
such. " He said, "The Verse was reveal ed
regarding my case
(26) CHAPTER. How (and with what) to
swear?
Al l ah said:
"They swear by Al l ah. . . " (V.9:56, 62,
74,95).
And Al l ah j-, ,c said:
. . . They come to you swearing by Al l ah:
'W e meantno more than goodwil l and
concil iation'. " (V. 4:62)
The expressions used in Arabic for 'By
A llah' are: Bi t-lhi , Ta1-lhi , Wal-lahi .
The Prophetsaid, "And a man who
takes a fal se oath in the Name of Al l ah after
the 'A sr prayer. The Prophet. said, "One
shoul d notswear exceptby Al l ah."
2678. Narrated Tal ba bin 'Ubaidul l ah
: A man came to Al l ah's Messenger
asking him aboutIsl am, Al l ah's Messenger
said,
(1) "You have to offer five compul sory
congregational Salfi t (prayers) in a day and a
night(24 hours). " The man asked, "Are
there any more compul sory a1at (prayers)
for me?" Al l ah's Messenger said, "No,
unl ess you l ike to offer Nawafi l (i. e. , optional
aiat). " Al l ah's Messenger ;then added,
(2) "You have to observe Saum (fasts)
52-THE BOOK OF W ITNESSES i34l - OT
R
during the month of Ramadan." The man
said, "Am Ito fastany other days?" Al l ah's
Messenger said, "No, unl ess you wish to
observe the optional fastvol untaril y. " Then
Al l ah's Messenger tol d him aboutthe
compul sory Zakat. The man asked, "Do I
have to give anything besides?" Al l ah's
Messenger said, "No, unl ess you wish to
give in charity vol untaril y. " So, the man
departed saying, "By Al l ah I wil l neither do
more nor l ess than that. " Al l ah's Messenger
said, "If he has said the truth he wil l be
successful . " (See H. 46)
2679. Narrated 'Abdul l h Z .i The
Prophetsaid, "W hoever has to take an
oath shoul d swear by Al l ah or keep quiet. "
(i. e. , He shoul d notswear by other than
Al l ah. )
&L3u .K3 l)) :JU
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(27) CHAPTER. W hoever produces the
proof after (the defendant) has taken the
oath.
The Prophet;said, "Perhaps some of
you are more el oquentand persuasive in
presenting their arguments than their
opponents. " Tawas, Ibrahim and Shuraih
said, "A cl ear, justevidence (produced by
the pl aintiff) is more val id than a fal se oath
(taken by the defendant)
2680. Narrated Umm Sal ama t
Once Al l ah's Messenger said, "You
peopl e presentyour cases to me and some
of you may be more el oquentand persuasive
in presenting their arguments. So, if I give
some one's rightto another (wrongl y)
because of the l atter's (tricky) presentation
of the case, I am real l y giving him a piece of
fire;so he shoul d nottake it
[l1tA11t1 1).ArAr1
i iJl
(tv)
Y 1A
rr
L. )
al
i1 0) JU
r
52 -. THE BOOK OF W ITNESSES Q1. 14. 4jl 6. Ja -
(28) CHAPTER. W hoever sees that promises
should be fulfilled.
Al -Uasan supported this judgement.
(Al l ah says:)
"And mention in the Book (the Qur'an)
Isnia'i1 (Ishmael ): Veril y! He was true to
whathe promised. " (V. 19:54)
Ibn Al -Ashwa' judged thatpromises
shoul d be ful fil l ed, and he mentioned that
Samura adopted the same opinion.
Narrated Al -Miswar bin Makhrama ;
LL : I heard the Prophetsaying:
(aboutone of his sons-in-l aw), "He promised
me and ful fil l ed his promise." Narrated AbU
'Abdul l h (Al -Bukhri): I saw Isaq bin
Ibrahim depending on Ibn Ashwa's
narration in giving verdicts.
2681. Narrated 'Abdul l ah bin 'Abbas
..4L: AbU Sufyan tol d me thatHeracl ius
said to him, "W hen I enquired you whathe
(i. e. , Muhammad
) ordered you, you

repl ied thathe ordered you to establ ish the
Salat (prayer), to speak the truth, to be
chaste, to keep promises and to pay back
trusts. " Then Heracl ius added, "These are
real l y the qual ities of a Prophet. " (See H. 7)
2682. Narrated Aba Hurairah i
AILIh's Messenger said, "The signs of a
hypocrite are three:
(1) W henever he speaks, he tel l s a l ie,
(2) W henever he is entrusted, he proves
52 - THE BOOK OF W ITNESSES Q1. 344JI
-
496
to be dishonest,
(3) W henever he promises, he breaks his
promise. " (See H. 33)
2683. Narrated Muhammad bin 'Al l :
Jbir bin 'Abdul l h L4i said,
"W hen the Prophetdied, Abu Bakr
received some property from Al -'Al bin
Al -Ha l raml . AbU Bakr said to the peopl e,
'W hoever has a money cl aim on the Prophet
, or was promised something by him,
shoul d come to us (so thatwe may pay him
his right). '" Jabir added, "I said (to AbU
Bakr), 'Al l ah's Messenger promised me
thathe woul d give me this much, and this
much, and this much (spreading his hands
three times)'. " Jabir added, "Abo Bakr
counted for me and handed me five
hundred (gol d pieces), and then five
hundred, and then five hundred. "
2684. Narrated Sa'id bin Jubair: A Jew
from Hira asked me which one of the two
periods MUsa (i. e. , ProphetMoses LJ d)
compl eted. I said, "I don'tknow, (butwait)
til l I see the mostl earned Arab and enquire
him aboutit." So, I wentto Ibn 'Abbas and
asked him. He repl ied, "Musa compl eted the
l onger and better period." Ibn 'Abbs added,
"No doubt, a Messenger of Al l ah al ways does
whathe says. "
A
52- THE BOOK OF W ITNESSES ittJl 6.ja - OT
R
(29) CHAPTER. 'A1-Mushrikn (idolaters,
polytheists, and pagans) should not be asked
to give witness or the like (i.e., their
witnesses are not acceptable).
Ash-Sha'b said, "The witnesses of the
peopl e of the differentrel igions againstone
another is notval id,' as Al l ah j. -i
says:
'So, W e pl anted amongstthem enmity
and hatred. . . " (V. 5:14)
Abu I-Iurairah said, "The
Prophet, said, 'Neither bel ieve the peopl e
of the Scriptures, nor disbel ieve them, but
say: W e bel ieve in Al l ah and whatever was
reveal ed by Him. '"
2685. Narrated 'Ubaidul l ah bin 'Abdul l ah
bin 'Utba: Ibn 'Abbs 4, said, "0
assembl y of Musl ims! How do you ask the
peopl e of the Scriptures, though your Book
(i. e. , the Qur'n) which was reveal ed to His
Prophetis the mostrecentinformation
from Al l ah and you recite it, (the Qur'an)
thathas notbeen distorted? Al l ah has
informed you thatthe peopl e of the
Scriptures distorted and changed whatwas
reveal ed to them, with their own hands and
they said (as regards their changed
Scriptures): 'This is from Al l ah,' in order to
getsome worl dl y benefitthereby." Ibn AbbAs
added, "Isn'tthe knowl edge reveal ed to you
sufficientto preventyou from asking them?
By Al l ah, I have never seen any one of them
asking you (Musl ims) aboutwhathas been
reveal ed to you
(1) (Ch. 29) Al -Ijasan and some other schol ars say thatthe witness of somebody against
someone bel onging to another rel igion, is notval id, butitis val id if the two persons
bel ong to the same rel igion. Ash-Sha'bi permits the witness of Musl ims in cases
invol ving non-Musl ims.
[vor
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i
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iiI I
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52-THE BOOK OF W ITNESSES
4Jl 6ja - 498
(30) CHAPTER. Drawing lots to solve
problems.
". . . W hen they castl ots with their pens as
to which of them shoul d be charged with the
care of Maryam (Mary). . . . . (V. 3:44)
Ibn 'Abbas (expl aining the Verse) said,
"They drew l ots (by throwing their pens in
the river);the pens wental ong the stream
exceptZakariya's pen which stood stationary
againstthe fl ow of the stream, and so
Zakariya was charged with the care of
Maiyam
Al l ah al so said, "Fasahama! He (Prophet
Jonah 4i) (agreed to) castl ots, and he
was among the l osers," means, "the l otfel l
on him". (V. 37:141)
Narrated Abu Hurairah i "The
Prophetordered some peopl e to take an
oath, and al l of them hurried to take it, but
he ordered thatl ots be castas to which of
them shoul d take the oath (first) . "
The Prophet, said, "The
exampl e of the person abiding by Al l ah's
Orders and Limits (or the one who abides by
the l imits and regul ations prescribed by
Al l ah) in comparison to the one who do
wrong and viol ate Al l ah's Limits and orders
is l ike the exampl e of peopl e drawing l ots for
seats in a boat. Some of them gotseats in the
upper partwhil e the others in the l ower part;
those in the l ower parthave to pass by those
in the upper one to getwater, and that
troubl ed the l atter. One of them (i. e. , the
peopl e in the l ower part) took an axe and
started making a hol e in the bottom of the
52 - THE BOOK OF W ITNESSES i l - 499
boat. The peopl e of the upper partcame and
asked him, (saying), 'W hatis wrong with
you?' He repl ied, 'You have been troubl ed
much by me (coming up to you), and I have
to getwater. ' Now, if they preventhim from
doing thatthey wil l save him and themsel ves,
butif they l eave him (to do whathe wants),
they wil l destroy him and themsel ves
(1)
(See H. 2493)
2687. Narrated Umm Al -'Al thatwhen
the A nsar drew l ots as to which of the
emigrants shoul d dwel l with which of the
A nsar, the name of 'Uthman bin Maz'un
came out(to be in their l ot). Umm Al -'Al a
further said, " 'Uthmn stayed with us, and
we nursed him when he gotsick, buthe died.
W e shrouded him in his cl othes, and Al l ah's
Messenger came to our house and I said,
(addressing the dead 'Uthmn), '0 AbU As-
Sa'ib! May Al l ah be Merciful to you. I testify
thatAl l ah has bl essed you. ' The Prophetttj
said to me, 'How do you know thatAl l ah has
bl essed him?' I repl ied, 'I do notknow 0
Al l ah's Messenger! May my parents be
sacrificed for you. ' Al l ah's Messenger
said, 'As regards 'Uthman, by Al l ah he has
died and I real l y wish him every good, yet, by
Al l ah, al though I am Al l ah's Messenger, I do
notknow whatwil l be done to him. " Umm
Al -'Al a added, "By Al l ah, I shal l never attest
the piety of anybody after him. And what
Al l ah's Messenger , said made me sad. "
Umm Al -'Al a further said, "Once I sl eptand
saw in a dream, a fl owing stream for
Uthmn. So, I wentto Al l ah's Messenger
and tol d him aboutit, he said, 'Thatis
(the symbol of) his (good) deeds. "
(1) (H. 2686) This means thatone shoul d notonl y avoid viol ating Al l ah's l imits butshoul d
preventothers from doing so;otherwise the whol e society gets corrupted and the good
and the evil peopl e are destroyed withoutdiscrimination.
52 - THE BOOK OF W ITNESSES . dtfJl . . - 500
2688. Narrated ' ishah L4
W henever Al l ah's Messenger intended to
go on a journey, he used to draw l ots among
his wives and woul d take with him the one on
whom the l otfel l . He al so used to fix for
everyone of his wives a day and a night, but
Sauda bintZam'a gave her day and nightto
'Aishah, the wife of the Prophet6tr intending
thereby to pl ease Al l ah's Messenger .
Al l ah's Messenger said, "If the peopl e
knew whatis (the reward of) pronouncing the
A dhn [cal l for the Salat (prayers)] and (of
being in) the firstrow (in the Congregational
prayer), and if they found no other way to get
this privil ege exceptby casting l ots, they
woul d certainl y castl ots for it. If they knew
(the reward of) the noon prayer, they woul d
race for it, and if they knew (the reward of)
the morning (i. e. , Fajr) and 'Is/i a' (l ate
evening) 5aldt (prayers), they woul d present
themsel ves for the Salat (prayers) even if they
had to crawl to reach there. " (See H. 615)
53-- THE BOOK OF PEACEMAKING (OR RECONCILIATION) C.Lwiall 6ja - Or 501
- or 53 THE BOOK OF PEACEMAKING
[OR (RE)CONCILIATION]
(1) CHAPTER. W hat has been said
regarding (re)conciliation between the
people.
And the Statementof Al l ah L-:
"There is no good in mostof their secret
tal ks, save (in) him who orders Sadaqa
(charity in Al l ah's Cause), or Ma'ruf
(Isl amic Monotheism and al l the good and
righteous deeds which Al l ah has ordained),
or concil iation between mankind;and he
who does this, seeking the good Pl easure of
Al l ah, W e shal l give him a greatreward. "
(V. 4:114)
And the going of the rul er to the pl aces
(where disputes arise) to bring abouta
reconcil iation between peopl e through his
companions.
2690. Narrated Sahi bin Sa'd
There was a dispute amongstthe peopl e of
the tribe of Bani 'Amr bin 'AUf. The Prophet
, wentto them al ong with some of his
companions in order to make peace between
them. The time for the Salat (prayer) became
due butth Prophetdid notturn up;Bil al
pronounced the
A 4Ii n
(cal l for Salat)for the
Salt (prayer), butthe Prophetdid not
turn up, so Bil al wentto AbU Bakr and said,
"The time for the Salat (prayer) is due and
the Prophetis detained, woul d you l ead
the peopl e in the Salat (prayer)?" Abu Bakr
repl ied, "Yes, if you wish. " So, Bil al
pronounced the Iqama of the Salat (prayer)
and AhU Bakr wentahead [to l ead the Salat
(prayer)], butthe Prophetcame wal king
among the rows til l he joined the firstrow.
The peopl e started cl apping and they cl apped
too much, and Abu Bakr used notto l ook
hither and thither in the Sal& (prayer), but
LS
LU . J
L ii
:JU U.
ii
53- THE BOOK OF PEACEMAKING (OR RECONCILIATION) aWall ya - or 502
he turned round and saw the ProphetJgI
standing behind him. The Prophet
beckoned him with his hand to keep on
offering alat (prayer) where he was. Abu
Bakr raised his hand and praised Al l ah and
then retreated til l he came in the (first) row,
and the Prophetwentahead and l ead the
peopl e in the Salat (prayer). W hen the
ProphetJijfinished the Salat (prayer), he
turned towards the peopl e and said, "0
peopl e! W hen something happens to you
during the Salat (prayer), you startcl apping,
infactcl apping is (permissibl e) for women
onl y. If something happens to one of you in
his al[! (prayer), he shoul d say: 'Subhan
Al l ah', (Gl orified be Al l ah), for whoever
hears him (saying so) wil l directhis attention
towards him. 0 AbU Bakr! W hatprevented
you from l eading the peopl e in the Salat
(prayer) when I beckoned to you (to
continue)?" AbU Bakr repl ied, "Itdid not
befitthe son of AbU Quhafa to l ead the Salat
(prayer) in frontof the Prophet
2691. Narrated Anas i Itwas
said to the Prophet: "W oul d thatyou see
'Abdul l h bin Ubai. " So, the Prophet
wentto him, riding a donkey, and the
Musl ims accompanied him, wal king on sal ty
barren l and. W hen the Prophetreached
'Abdul l h bin Ubal , the l atter said, "Keep
away from me! By Al l ah, the bad smel l of
your donkey has harmed me. " On thatan
A nsri man said (to 'Abdul l ah), "By Al l ah!
The smel l of the donkey of Al l ah's Messenger
is better than your smel l ." On thata man
from 'Abdul l ah's tribe gotangry for
'Abdul l h's sake, and the two men abused
each other which caused the friends of the
53- THE BOOK OF PEACEMAKING (OR RECONCILIATION) C.Lall - or
M
two men to getangry, and the two groups
started fighting with sticks, shoes and hands.
W e were informed thatthe fol l owing Divine
Verse was reveal ed (in this concern):
"And if two parties or groups among the
bel ievers fal l to fighting, then make peace
between them both. . . " (V. 49:9)
(2) CHAPTER. He who makes peace
between the people is not a liar.
2692. Narrated Umm Kul thQm hintUqba
thatshe heard Al l ah's Messenger
saying, "He who makes peace between the
peopl e by inventing good information or
saying good things, is nota l iar. "
(3) CHAPTER. The saying of the ruler to his
companions, "Let us go to bring about a
(re)conciliation (between people) . "
2693. Narrated SahI bin Sa'd
Once the peopl e of Quba' foughtwith each
other til l they threw stones on each other.
W hen Al l ah's Messenger was informed
aboutit, he said, "Letus go to bring abouta
(re)concil iation between them."
4l LJ
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53 - THE BOOK OF PEACEMAKING (OR RECONCILIATION) or 504
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"...If they make terms of peace between
themselves;and making peace is better..."
(V.4:128)
2694. Narrated ' ishah
4-
i i The
fol l owing Verse:
"And if a woman fears cruel ty or desertion
on her husband's part. . . . . (V. 4:128)
This Verse means if the husband notices
something unpl easantabouthis wife, such as
ol d age or the l ike, and wants to divorce her,
butshe asks him to keep her and provide for
her as he wishes).
(5) CHAPTER. If some people are
(re)conciled on illegal basis, their
(re) conciliation is rejected.
2695, 2696. Narrated AbU Hurairah and
Zaid bin Khl id Al -Juhani L41 A
bedouin came and said, "0 Al l ah's
Messenger! Judge between us according to
Al l ah's Laws. " His opponentgotup and
said, "He is right. Judge between us
according to Al l ah's Laws." The bedouin
said, "My son was a l abourer working for this
man, and he committed il l egal sexual
intercourse with his wife. The peopl e tol d
me thatmy son shoul d be stoned to death;
so, in l ieu of that, I paid a ransom of one
hundred sheep and a sl ave-girl to save my
son. Then I asked the l earned schol ars who
said, 'Your son has to be l ashed one hundred
l ashes and has to be exil ed for one year. '"
The Prophetsaid, "No doubt, I wil l judge
between you according to Al l ah's Laws. The
53 THE BOOK OF PEACEMAKING (OR RECONCILIATION)
- or
R
sl ave-girl and the sheep are to go back to you,
and your son wil l geta hundred l ashes and
one year exil e. " He then addressed
somebody, "0 Unais! Go to the wife of this
(man) and stone her to death." So, Unais
wentand stoned her to death.
2697. Narrated 'Aishah L+. L
Al l ah's Messenger said, "If somebody
innovates something which is notpresentin
our rel igion (of Isl amic Monotheism), then
thatthing wil l be rejected.
(6) CHAPTER. How to write: These are the
terms on which so-and-so, the son of so-and-
so reconciled with so-and-so, the son of so-
and-so, without mentioning the name of the
tribe or the family name.
2698. Narrated Al -Bard' bin 'Azib
L4: W hen Al l ah's Messenger . concl uded
a peace treaty with A 1-Mu/jri kn
(pol ytheists, idol aters, pagans) atAl -
}Judaihiya, 'Al l bin Abi Tl ib L
wrote the documentand he mentioned in it,
"Muhammad, Al l ah's Messenger . " The
A 1-Mushri kn said, "Don'twrite
'Muhammad, Al l ah's Messenger', for if you
were a Messenger we woul d notfightwith
you." Al l ah's Messenger . asked 'Al l to rub
ii out, but'Al l said, "I wil l notbe the person
53- THE BOOK OF PEACEMAKING (OR RECONCILIATION) C. LwW l 6
.
ja - 506
to rub itout. " Al l ah's Messenger rubbed it
outand made peace with them on the
condition thatthe Prophetand his
companions woul d enter Makkah (next
year) and stay there for three days, and that
they woul d enter with their weapons in cases.
[See. Hadi / No. 2731, 2732].
2699. Narrated Al -Bar' I:W hen
the Prophet, intended to perform 'Umra in
the month of Dhul -Qa'da, the peopl e of
Makkah did notl ethim enter Makkah til l he
settl ed the matter with them by promising to
stay in itfor three days onl y. W hen the
documentof treaty was written, the fol l owing
was mentioned: 'These are the terms on
which Muhammad , the Messenger of
Al l ah agreed (to make peace). ' They said,
"W e wil l notagree to this, for if we bel ieved
thatyou are Al l ah's Messenger we woul d not
preventyou, butyou are Muhammad bin
'Abdul l h. " The Prophetsaid, "I am
Al l ah's Messenger and al so Muhammad bin
'Abdul l h. " Then he said to 'Al t, "Rub off
(the words) 'Al l ah's Messenger'", but'Al l
said, "No, by Al l ah, I wil l never rub off your
name. " So, Al l ah's Messenger t jtook the
documentand wrote, 'This is what
Muhammad bin 'Abdul l ah has agreed
upon: No arms wil l be broughtinto
Makkah exceptin their cases, and nobody
from the peopl e of Makkah wil l be al l owed to
go with him (i. e. , the Prophet) even if he
wished to fol l ow him and he (the Prophet)
wil l notpreventany of his companions from
staying back in Makkah if the l atter wants to
stay. ' W hen the Prophet
tA
entered Makkah
53- THE BOOK OF PEACEMAKING (OR RECONCILIATION) - 507
(the nextyear) and the time l imitpassed, the
Makkans wentto 'Al l and said, "Tel l your
friend (i. e. , the Prophet) to go out, as the
period (agreed to) has passed. " So, the
Prophet, wentoutof Makkah. The
daughter of Uamza ran after them (i. e. , the
Prophetli and his companions), cal l ing, "0
Uncl e! 0 Uncl e!" 'Al l L received her
and l ed her by the hand and said to Fatima
"Take your uncl e's daughter. "
Zaid and Ja'far quarrel l ed abouther. 'Al l
said, "I have more rightto her as she is my
uncl e's daughter. Ja'far said;"She is my
uncl e's daughter, and her auntis my wife. "
Zaid said, "She is my brother's daughter. "
The Prophetjudged thatshe shoul d be
given to her aunt, and said thatthe auntwas
l ike the mother. He then said to 'Al l , "You
are from me and I am from you", and said to
Ja'far, "You resembl e me both in character
and appearance", and said to Zaid, "You are
our brother (in faith) and our freed sl ave. "
1)
(7) CHAPTER. To make peace with A l-
Mushrikn (polytheists, idolaters, pagans).
This chapter incl udes AbU Sufyan's
narration.
Narrated 'AUf bin Mal ik: The Prophet
said, "There wil l be a peace treaty between
you and BanI Al -Asfar (the Byzantines) . "
2700. Narrated Al -Bara' bin 'Azib
[vA \ :-SJ
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(1) (H. 2699) The Prophethad establ ished the bond of brotherhood between Zaid, his
freed sl ave, and Il amza, the Prophet's uncl e. This is why Zaid said, "She is my
brother's daughter. " The Prophetin addressing the three persons cl aiming the right
of taking Uamza's daughter, is consol ing them by rel ating them to himsel f, so thatthey
woul d notbe dissatisfied with his judgement.
53- THE BOOK OF PEACEMAKING (OR RECONCILIATION) l Ql - 508
.4: On the day of Hudai bi ya, the Prophet
. made a peace treaty with the A l-
Mushri knon three conditions:
I. The Prophett4r. woul d return to them any
person from A 1-Musjri kun (pol ytheists,
idol aters, pagans)
2. A l-Mu./ri kdn pagans woul d notreturn
any of the Musl ims going to them, an
3. The Prophet. and his companions
woul d come to Makkah the fol l owing
year and woul d stay there for three days
and woul d enter Makkah with their
weapons in cases, e. g. , swords, arrows,
bows, etc.
AbU Jandal came hopping, his l egs being
chained, butthe Prophet, returned him to
A l-Mushri kn
2701. Narrated Ibn 'Umar .4
Al l ah's Messenger . setoutfor the 'Umra
butthe disbel ievers of Quraish prevented
him from reaching the Ka'bah. So, he
sl aughtered his sacrifice and gothis head
shaved atAl -IIudaibiya, and agreed with
them thathe woul d perform 'U,nra the
fol l owing year and woul d notcarry weapons
exceptswords, and woul d notstay in Makkah
exceptfor the period they al l owed. So, the
Prophet, performed the 'Umra in the
fol l owing year and entered Makkah
according to the treaty, and when he stayed
for three days, the disbel ievers ordered him
to depart, and he departed.
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53- THE BOOK OF PEACEMAKING (OR RECONCILIATION) - or
R
2702. Narrated SahI bin AbU Hathma:
'Abdul l h bin SahI and Mubaiyisa bin Mas'Ud
bin Zaid wentto Khaibar when ithad had a
peace treaty (with the Musl ims).
(8) CHAPTER. Agreement about Diya
(blood money).
2703. Narrated Anas ul : Ar-Rabi',
the daughter of An-Na l r broke the tooth of a
girl , and the rel atives of Ar-Rabi' requested
the girl 's rel atives to acceptthe A rsJ
(compensation for wounds etc. ) and forgive
(the offender), butthey refused. So, they
wentto the Prophetwho ordered them to
bring aboutretal iation. Anas bin An-Na l r
asked, "0 Al l ah's Messenger! W il l the tooth
of Ar-Rabi' be broken? No, by Him W ho has
sentyou with the Truth, her tooti. wil l notbe
broken. " The Prophetsaid, "0 Anas!
Al l ah's Law ordains retal iation. " Later the
rel atives of the girl agreed and forgave her.
The Prophetsaid, "There are some of
Al l ah's sl aves who, if they take an oath by
Al l ah, are responded to by Al l ah (i. e. , their
oath is ful fil l ed). " Anas added, "The peopl e
agreed and accepted the A rh
to Al-Hasan bin 'All 1,;e', son of
mine is Sai yi d(a noble) and may Allah make
peace between two big groups (of Muslims)
through him." And the Statement of
53- THE BOOK OF PEACEMAKING (OR RECONCILIATION) - ov
IR
Al l ah it. . :
". . . Then make peace between them both.. . "
(V.49:9)
2704. Narrated Al -Uasan (Al -Basri): By
Al l ah, Al -Ijasan bin 'Al l l ed l arge battal ions
l ike mountains againstMu'awl ya. 'Amr bin
A1-'As said (to Mu'awiya), "I surel y see
battal ions which wil l notturn back before
kil l ing their opponents." Mu'awiya who was
real l y the bestof the two men said to him, "0
'Amr! If these kil l ed those and those kil l ed
these, who woul d be l eftwith me for the jobs
of the peopl e, who woul d be l eftwith me for
their women, who woul d be l eftwith me for
their chil dren?" Then Mu'wiya senttwo
QuraishI men from the tribe of 'Abd Shams
cal l ed 'Abdur RahmAn bin Sumura and
Abdul l h bin 'Amir bin Kuraiz to Al -Hasan
saying to them, "Go to this man (i. e. , Al -
Uasan) and negotiate peace with him and
tal k and appeal to him. " So, they wentto Al -
Uasan and tal ked and appeal ed to him to
acceptpeace. Al -Hasan said, "W e, the
offspring of 'Abdul
Muttal ib,
have got
weal th and peopl e have indul ged in kil l ing
and corruption (and money onl y wil l appease
them). " They said to Al -Uasan, "Mu'awiya
offers you so and so, and appeal s to you and
entreats you to acceptpeace." Al -Hasan said
to them, "Butwho wil l be responsibl e for
whatyou have said?" They said, "W e wil l be
responsibl e for it. " So, whatever Al -Hasan
asked they said, "W e wil l be responsibl e for it
for you. " So, Al -Hasan concl uded a peace
treaty with Mu'awiya. Al -Fl asan (Al -Bari)
said: I heard AbU Bakra saying, "1 saw
Al l ah's Messenger on the pul pitand Al -
Uasan bin 'Al i was by his side. The Prophet
. was l ooking once atthe peopl e and once at
Al -IIasan bin 'Al ! saying, 'This son of mine is
a Sai yi d (i. e. , a nobl e) and may Al l ah
make peace between two big groups of
53- THE BOOK OF PEACEMAKING (OR RECONCILIATION) C. L. W l 6
.
ja - or 511
Musl ims through him. "
(10) CHAPTER. Should the Imam suggest
reconciliation?
2705. Narrated 'Aishah i Once,
Al l ah's Messenger Mj heard the l oud voices
of some opponents quarrel l ing atthe door.
One of them was appeal ing to the other to
deducthis debtand asking him to be l enient,
butthe other was saying, "By Al l ah, I wil l not
do so. " Al l ah's Messenger wentoutto
them and said, "W ho is the one who was
swearing by Al l ah thathe woul d notdo a
favour?" Thatman said, "I am thatperson,
O Al l ah's Messenger! I wil l give my opponent
whatever he wishes."
Mal ik from Ka'b bin Ml ik: 'Abdul l h bin
AbU Hadrad Al -Asl ami owed Ka'b bin Ml ik
some money. One day the l atter metthe
former and demanded his right, and their
53 THE BOOK OF PEACEMAKING (OR RECONCILIATION) CJial l 6
.
ja - 512
voices grew very l oud. The Prophetpassed
by them and said, "0 Ka'b," beckoning with
his hand as if intending to say, "Deducthal f
the debts. " So, Ka'b took hal f whatthe other
owed him and remitted the other hal f.
(11) 'HAPTER. The superiority of making
peace and establishing justice among the
people.
2707. Narrated Ab Hurairah
Al l ah's Messenger said, "There is a
Sadaqa to be given for every jointof the
human body;and for every day on which the
sun rises there is a Sadaqa (i. e. , charitabl e
giftto be given), the one who establ ishes
justice among peopl e() considered as a
adaqa.
[See Vol . 4, Hadi th No. 2891, 2989]
(12) ChAPTER. If the Imm (i.e., ruler)
suggests a (re)conciliation but the defendant
refuses it, he is to be judged by the evident
valid law.
2708. Narrated Urwa bin Az-Zubair
;
: Az-Zuhaii me thathe quarrel l ed
with an .4nsri man ho had participated in
(the battl e of) Badr in frontof Al l ah's
Messenger abouta water stream which
:3LJ - YV'A
u-
31 :l
-;
(1) (H. 2707) One is supposed to thank Al l ah for the many favours Al l ah has bestowed
upon one;one of these numberl ess favours is the miracul ous creation of the three
hundred and sixty joints of man's body. Al l ah rewards those who bring aboutpeace
among peopl e with their justice, and such good deeds compensate for the Sadaqa which
one shoul d pay as a sign of gratitude to Al l ah.
53 THE BOOK OF PEACEMAKING (OR RECONCILIATION) CJwW l 66ja - 513
both of them used for irrigation. Al l ah's
Messenger said to Az-Zubair, "0 Zubair!
Irrigate (your garden) first, and then l etthe
water fl ow to your neighbour ." The A nsri
became angry and said, "0 Al l ah's
Messenger! Is itbecause he is your cousin?"
On thatthe compl exion of Al l ah's Messenger
changed (because of anger) and he said
(to Az-Zubair), "Irrigate (your garden) and
then withhol d the water til l itreaches the
wal l s (surrounding the pal ms) ." So, Al l ah's
Messenger gave Az-Zubair his ful l right.
Before thatAl l ah's Messenger had given a
generous judgementbeneficial for Az-Zubair
and the A nsri , butwhen the A nsri irritated
Al l ah's Messenger 4the gave Az-Zubair his
ful l rightaccording to the evidentl aw. Az-
Zubair said, "By Al l ah! I think the fol l owing
Verse was reveal ed concerning thatcase:
j~t
)
judge in al l disputes between them. . . '"
(V.4:65)
(13) CHAPTER. Reconciliation between the
creditors and between the inheritors and the
repayment of debts by giving an amount that
is not specified or counted.
L0Jl ::-
.WL (\r)
'
Jl
Ibn 'Abbas said, "There is no harm if two
partners agree thatone of them takes the
debts and the other takes the assets, butif the
property of any of them is ruined the l oser
has no rightto cl aim itfrom the other
partner ."
t41: My father died and was in debt. I
suggested thathis creditors take the fruits
53- THE BOOK OF PEACEMAKING (OR RECONCILIATION)
L. gH ya - or
H
(i. e. , dates) of my garden in l ieu of the debt
of my father, butthey refused the offer, as
they thoughtthatitwoul d notcover the ful l
debt. So, I wentto the Prophet
iI
and tol d
him aboutit. He () said (to me), "W hen
you pl uck the dates and col l ectthem in the
Mi rbad(i. e. , a pl ace where dates are dried),
cal l me. " Final l y, he came accompanied by
AbU Bakr and 'Umar and saton the dates
and invoked Al l ah to bl ess them. Then he
said, "Cal l your creditors and give them their
ful l rights. " So, I paid al l my father's
creditors in ful l and yetthirteen extra Wasq
of dates remained, seven of which were 'A jwa
and six were Laun, or six of which were 'A jwa
and seven were Laun. I metAl l ah's
Messenger atsunsetand informed him
aboutit. On thathe smil ed and said, "Go to
AbU Bakr and 'Umar and tel l them aboutit. "
They said, "W e perceived thatthatwas going
to happen, as Al l ah's Messenger did what
he did. "
(14) CHAPTER. Bringing about
reconciliation in case of dispute concerning
debts.
2710. Narrated 'Abdul l ah bin Ka'b that
Ka'b bin Ml ik tol d him thatin the l ifetime of
Al l ah's Messenger he demanded his debt
53- THE BOOK OF PEACEMAKING (OR RECONCILIATION) C.W all - 515
from Ibn AbU Hadrad in the mosque. Their
voices grew l ouder til l Al l ah's Messenger 0
heard them whil e he was in his house. So, he
l ifted the curtain of his room and cal l ed Ka'b
bin Mal ik saying, "0 Ka'b!" He repl ied,
"Lcbbai k! 0 Al l ah's Messenger!" He
beckoned to him with his hand suggesting
thathe deducthal f the debt. Ka'b said, "I
agree, 0 Al l ah's Messenger!" Al l ah's
Messenger then said (to Ibn AbU
Hadrad), "Getup and pay him the rest. "
54- THE BOOK OF CONDITIONS .j,,..th 60a - 516
54 THE BOOK OF CONDITIONS
(1) CHAPTER. The conditions permissible
on embracing
Islm,(1)
and in contracts and
transactions.
2711, 2712. Narrated Marwn and Al -
Miswar bin Makhrama L4i W- i from the
Companions of Al l ah's Messenger : W hen
Suhail bin 'Amr agreed to the Treaty (of
udaibiya), one of the things he stipul ated
then, was thatthe Prophetshoul d return
to them (i. e. , the
A 1-MusJ i ri ki n)
anyone
coming to him from their side, even if he
was a Musl im;and woul d notinterfere
between them and thatperson. The
Musl ims did notl ike this condition and got
disgusted with it. Suhail did notagree except
with thatcondition. So, the Prophet
agreed to thatcondition and returned AbU
Jandal to his father Suhail bin 'Amr.
Thenceforth the Prophet, returned
everyone in thatperiod (of truce) even if he
was a Musl im. During thatperiod some
bel ieving women emigrants incl uding Umm
Kuithiim bint'Uqba bin Abu Mu'aitwho
came to Al l ah's Messenger and she was a
young l ady then. Her rel ative came to the
Prophetand asked him to return her, but
the Prophetdid notreturn her to them for
Al l ah had reveal ed the fol l owing Verse
regarding women:
". . . W hen bel ieving women come to you
as emigrants, examine them, Al l ah knows
bestas to their Faith. . (up to). . nor are the
disbel ievers l awful (husbands) for them. .
(V. 60:10)
(1) (Ch. 1) Some conditions are permissibl e, others are not;for exampl e, a non-Musl im
on embracing Isl am has the rightto stipul ate thathe shal l notbe ordered to move from
one country to another, buthe cannotstipul ate thathe may notperform the Salat
(prayers). (Fath A l-Ban)
[y
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54- THE BOOK OF COND1I3NS
JP$ J..W 1 4 - 517

2713. Narrated 'Urwa: 'Aishah tol d me,
Al l ah's Messenger gr used to examine them
according to this Verse:
'0 you who bel ieve! W hen bel ieving
women come to you as emigrants, examine
them. . . (upto). . . Oft-Forgiving, Most
Merciful . '" (V. 60:10-12)
'Aishah said, "W hen any of
them agreed to thatcondition(') Al l ah's
Messenger woul d say to her, 'I have
accepted your Bai a (pl edge). ' He woul d
onl y say that, but, by Al l ah he never touched
the hand of any woman (i. e. , never shook
hands with them) whil e taking the Bai a
(pl edge) and he never took their Bai 'a
(pl edge) exceptby his words (onl y) . "
2714. Narrated Jarir IW hen I
gave the Bai a (pl edge) to Al l ah's Messenger
, he stipul ated thatI shoul d be sincere and
true to every Musl im [i. e. order them forA/
-
Ma'nf(i .e. Isl amic Monotheism and al l that
Isl am has ordained) and to forbid them from
A l-Munkar (i. e. disbel ief, pol ytheism and al l
thatIsam has forbidden), and to hel p them,
to be kind and merciful to them].
(See H. 57 and its chapter)
2715. Narrated Jarir bin 'Abdul l ah i
L: I gave the Bai a (pl edge) to Al l ah's
Messenger for 1qamat-as-alat
,(2)
paying
(1) (H. 2713) The condition mentioned in the Verse, i. e. , thatthey wil l notassociate
anything in worship with Al l ah, thatthey wil l notsteal , thatthey wi ll notcommitil l egal
sexual intercourse, thatthey wil l notkil l their chil dren, thatthey wil l notutter sl ander
intentional l y forging fal sehood (i. e. , by making il l egal chil dren bel onging to their
husbands), and thatthey wil l notdisobey you in any Ma 'ruf (Isl amic Monotheism and
al l thatwhich Isl am ordains). . . . (V. 60:12).
(Fl . 2715) tqamat-as-Salat: See the gl ossary.
54 THE BOOK OF CONDITIONS iI 6
.
Al - 518
the Zakat and to be sincere and true to every
Musl im [i. e. order them for A 1-Ma'ruf (i. e.
Isl amic Monotheism and al l thatIsl am has
ordained) and to forbid them from A l-
Munkar (i. e. disbel ief, pol ytheism and al l
thatIsam has forbidden), and to hel p them,
to be kind and merciful to them].
(2) CHAPTER. (W hat is said regarding) the
sale of pollinated date-palms.
2716. Narrated 'Abdul l Ah bin 'Umar ;
L. 4L I: Al l ah's Messenger ;said, "If
someone sel l s pol l inated date-pal ms, their
fruits wil l be for the sel l er, unl ess the buyer
stipul ates the contrary. "
(3) CHAPTER. The conditions of selling.
tol d me thatBarira came to seek her hel p in
writing for emancipation and atthattime she
had notpaid any partof her price. 'Aishah
said to her, "Go to your masters and if they
agree thatI wil l pay your price (and free you)
on condition thatyour Wald' wil l be for me, I
wil l pay the money." Barira tol d her masters
aboutthat, butthey refused, and said, "If
'Aishah wants to do a favour she coul d, but
your Wald' wil l be for us. "
'Aishah informed Al l ah's Messenger jW, of
thatand he i&said to her, "Buy and manumit
Barira as the Wald' wil l go to the
manumitter. "
LLT
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54- THE BOOK OF CONDITIONS
- L 519
(4) CHAPTER. It is permissible for the
seller to stipulate that he should ride the
(sold) animal up to a certain place.
2718. Narrated Jabir !s ii W hil e I
was riding a (sl ow) and tired camel , the
Prophet;passed by and beatitand prayed
for Al l ah's Bl essings for it. The camel
became so fastas ithad never been before.
The Prophetthen said, "Sel l itto me for
one Uqi ya (of gol d). " I said, "No. " He again
said, "Sel l itto me for one Uqi ya (of gol d) . "
So I sol d itand stipul ated thatI shoul d ride it
to my house. W hen we reached (Al -Madina)
I took thatcamel to the Prophetand he
gave me its price. I returned home buthe
sentfor me (and when I wentto him) he said,
"1 was notgoing to take your camel . So, take
your camel as a giftfor you."
(Various narrations are mentioned here
with sl ightvariations in expressions rel ating
the condition thatJabir had the rightto ride
the sol d camel up to Al -Madina).
54- THE BOOK OF CONDITIONS .JJ..UI 6
.
ju - 520
(5) CHAPTER. Conditions in contracts (of
L
Jth
aL (o)
share-cropping etc.).
2719. Narrated AbU Hurairah L 1n
The A nsar said to the Prophet, "Divide
our date-pal ms between us and our emigrant
brothers. " The Prophetsaid, "No. " The
A nsr said to the emigrants, "You may do the
l abour (in our gardens) and we wil l share the
fruits with you." The emigrants said, "W e
hear and obey. "
:3LJ tiii. -
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: ,.LU L :J
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ri
La; 11 JU.i 00
LL. L VY
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6
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t: Al l ah's Messenger gave the l and
of Khaibar to the Jews on the condition that
they woul d work on itand cul tivate itand
they woul d gethal f of its yiel d.
(6) CHAPTER. The terms and the
conditions of Mahr at the time of the
marriage contract.
'Umar said, "The rights are l imited by the
conditions, and you wil l getonl y whatyou
stipul ate."
Narrated Al -Miswar, "I heard the
Prophetonce mentioning his son-in-l aw
and praising him highl y as a sincere son-in-
l aw. He said, 'W henever he tal ked to me, he
spoke the truth and whenever he promised
me, he ful fil l ed his promise. '"
2721. Narrated 'Uqba bin 'Amir ii
: Al l ah's Messenger said, "From among
al l the conditions which you have to ful fil l ,
the conditions which make itl egal for you to
have sexual rel ations (i. e. , the marriage
contract) have the greatestrightto be
ful fil l ed."
(7) CHAPTER. The conditions in share-
cropping.
2722. Narrated Rfi' bin KhadijZi
: W e used to work in the fiel ds more than
the other A nsar, and we used to rentthe l and
(for the yiel d of a specific portion of it). But
sometimes thatportion or the restof the l and
-" 1
522
did notgive any yiel d, so we were forbidden
(by the Prophet) to fol l ow such a system,
butwe were al l owed to rentthe l and for
money.
(8) CHAPTER. The conditions which are not
permissible in the contracts of marriage.
The Prophetsaid, "No town-dwel l er
shoul d sel l for a bedouin. Do notpractise
Najsh (i. e. , do notoffer a high price for a
thing which you do notwantto buy, in order
to deceive the peopl e). No Musl im shoul d
offer more for a thing al ready boughtby his
Musl im brother, nor shoul d he demand the
hand of a girl al ready engaged to another
Musl im. A Musl im woman shal l nottry to
bring aboutthe divorce of her sister (i. e. ,
another Musl im woman) in order to take her
pl ace hersel f. "
(9) CHAPTER. The conditions which are not
permissible in the legal punishments
prescribed by Allah.
2724, 2725. Narrated Abu Hurairah and
Zaid bin Khl id Al -Juhani
4
ui A
bedouin came to Al l ah's Messenger and
said, "0 Al l ah's Messenger! I ask you by
Al l ah to judge my case according to Al l ah's
Laws. " His opponent, who was more l earned
than he, said, "Yes, judge between us
according to Al l ah's Laws, and al l ow me to
speak." Al l ah's Messenger ,*, said, "Speak."
He (i. e. , the bedouin or the other man) said,
"My son was working as a l abourer for this
(man) and he committed il l egal sexual
intercourse with his wife. The peopl e tol d
me thatitwas obl igatory thatmy son shoul d
--
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L
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I , -
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:iJ . i :iJi
54 r --iK OF CONDITIONS
be stoned to death. So, in l ieu of thatI
ransomed my son by paying one hundred
sheep and a sl ave-girl . Then I asked the
rel igious schol ars aboutit, and they informed
me thatmy son mustbe l ashed one hundred
l ashes, and be exil ed for one year, and the
wife of this (man) mustbe stoned to death. "
Al l ah's Messenger said, "By Him in
W hose Hands my soul is, I wil l judge
between you according to Al l ah's Laws.
The sl ave-girl and the sheep are to be
returned to you, your son is to receive a
hundred l ashes and be exil ed for one year.
You, 0 Unais, go to the wife of this (man)
and if she confesses her guil t, stone her to
death. " Unais wentto thatwoman next
morning and she confessed. Al l ah's
Messenger ordered thatshe be stoned to
death.
(10) CHAPTER. The conditions permissible
in the case of a slave who has a writing for
emancipation, if he agrees to, be sold to
somebody else who promises to free him.
2726. Narrated Aiman Al -MakkI: W hen I
visited 'Aishah she said, "Barira
who had a written contractfor her
emancipation for a certain amountcame to
me and said, '0 Mother of the bel ievers! Buy
me and manumitme, as my masters wil l sel l
me. ' 'Aishah agreed to it. Barira said, 'My
masters wil l sel l me on the condition thatmy
Wald'' wil l go to them. ' 'Aishah said to her,
'Then I am notin need of you. ' The Prophet
jU heard of that, or was tol d aboutitand so
he asked 'Aishah, 'W hatis the probl em of
(1) (H. 2726) Wald': See the gl ossary.
- 524
Barira?' He said, 'Buy her and manumither,
no matter whatthey stipul ate. ' 'Aishah
added, 'I boughtand manumitted her,
though her masters had stipul ated thather
Wald' woul d be for them. ' The Prophet
said, 'The Wa/v is for the l iberator, even if
the other stipul ated a hundred conditions. '"
(11) CHAPTFR. Conditions concerning
divorce.
Al l ah's Messenger , forbade:
(i) The meeting of the caravan (of goods) on
the way,
(ii) Thata residing person sel l s goods of a
bedouin,
(iii) Thata woman stipul ates the divorce of
the wife of the woul d be husband,
(iv) Thata man tries to cause the cancel l ation
of a bargain concl uded by another. He al so
forbade A n-Najsh and thatone withhol ds the
mil k in the udder of an animal so thathe may
deceive peopl e on sel l ing it.
[See Hadi th 2656]
(12) CHAFFER. Verbal conditions with the
people.
2728. Narrated Ubai bin Ka'b tii. - YVA
Al l ah's Messenger 0, said, "Musa (Moses
54THE BOOK OF CONDITIONS
6a 525
. 5Lit) the Messenger of Al l ah," and then he
narrated the whol e story abouthim. Al -
Khidr said to Musa, "Did I nottel l you that
you woul d notbe abl e to have patience with
me. " (V. 18:72). MUsa then viol ated the
agreementfor the firsttime because of
forgetful ness, then Moses promised thatif
he asked Al -Khidr aboutanything, the l atter
woul d have the rightto deserthim. MUsa
abided by thatcondition and on the third
occasion he intentional l y asked Al -Khidr and
caused thatcondition to be appl ied. The
three occasions referred to above are
referred to by the fol l owing Verses:
'. . . Cal l me notto accountfor whatI
forgot, and be nothard upon me for my affair
(with you). ' (V. 18:73)
'. . . Til l they meta boy and he (Al -Khidr)
kil l ed him. .
'Then they both proceeded . . . found
therein a wal l aboutto col l apse and he (Al -
Khidr) setitup straight(V. 18:77)
(13) CHAPTER. Conditions for Wald'.
2729. Narrated 'Urwa: 'Aishah LL.
said, "Barira came to me and said, 'My
peopl e (masters) have written the contraet
for my emancipation for nine A waq(of gol d)
to be paid in yearl y instal l ments, one Uqi ya
per year;so hel p me. ' " 'Aishah said (to her),
(1) (H. 2728) In the second case Moses abided by the condition though there was no
written agreementor witnesses. So when Khidr said to him, "This is the parting
between me and you. 'Moses accepted his decision because itagreed with the condition
he himsel f had setup.
jil 6jts - 526
"If your masters agree, I wil l pay them the
whol e sum provided the Wald' wil l be for
me. " Barira wentto her masters and tol d
them aboutit, butthey refused the offer and
she returned from them whil e Al l ah's
Messenger 0, was sitting. She said, "I
presented the offer to them, butthey
refused unl ess the Wald' woul d be for
them. " W hen the Prophetj45 heard that
and 'Aishah tol d him aboutit, he said to her,
"Buy Barira and l etthem stipul ate thather
Wa/a' wil l be for them, as the Wald' is for the
manumitter. " 'Aishah did so. After that
Al l ah's Messenger gotup amidstthe
peopl e, gl orified and praised Al l ah and
said, "W hatis wrong with some peopl e who
stipul ate things which are notin Al l ah's
Laws? Any condition which is notin Al l ah's
Laws is inval id even if there were a hundred
such conditions. Al l ah's Rul es are the most
val id and Al l ah's Conditions are the most
sol id. The Wald' is for the manumitter. "
(14) CHAPTER. If the landlord stipulates in
the contract of share-cropping that he would
terminate the contract whenever he likes.
2730. Narrated Ibn 'Umar L4 ii
W hen the peopl e of Khaibar disl ocated
'Abdul l ah bin 'Umar's hands and feet,
Umar gotup del ivering a
IJ i utba (rel igious
tal k) saying, "No doubt, Al l ah's Messenger
;made a contractwith the Jews concerning
their properties, and said to them, 'W e al l ow
you (to stand in your l and) as l ong as Al l ah
al l ows you. ' Now 'Abdul l h bin 'Umar went
to his l and and was attacked atnight, and his
hands and feetwere disl ocated, and as we
have no enemies there exceptthose Jews,
4
JL
L
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L LLi
54-THE BOOK OF CONDITIONS &jifl 6
.
jtf - 527
they are our enemies and the onl y peopl e
whom we suspect, I have made up my mind
to exil e them." W hen 'Umar decided to carry
outhis decision, one of AbU Al -Ijuqiq's Sons
came and addressed 'Umar, "Cl chief of the
bel ievers, wil l you exil e us al though
Muhammad () al l owed us to stay atour
pl aces, and made a contractwith us about
our properties, and accepted the condition of
our residence in our l and?" 'Umar said, "Do
you think thatI have forgotten the statement
of Al l ah's Messenger , i. e. : W hatwil l your
condition be when you are expel l ed from
Khaibar and your camel wil l be carrying you
nightafter night?" The Jew repl ied, "That
was a joke from Abul -Qasim . " 'Umar said,
"0 the enemy of Al l ah! You are tel l ing a
l ie. " 'Umar then drove them outand paid
them the price of their properties in the form
of fruits, money, camel saddl es and ropes,
etc "
(15) CHAPTER. The conditions of Jihad and
peace treaties with (non-Muslim) warriors,
and the writing of the conditions.
2731, 2732. Narrated Al -Miswar bin
Makhrama and Marwn whose narrations
attesteach other: Al l ah's Messenger set
outatthe time of A l-Ijudai bi ya (treaty), and
when they proceeded for a distance, he said,
"Khal id bin Al -W al id l eading the caval ry of
Quraish constituting the frontof the army, is
ata pl ace cal l ed Al -Ohamim, so take the way
54- THE BOOK OF CONDITIONS th - 528
on the right. " By Al l ah, Khl id did not
perceive th arrival of the Musl ims til l the
dustarising. from the march of the Musl im
army reached him, and then he turned back
hurriedl y to inform Quraish. The Prophet
wenton advancing til l he reached the
'iiya (i. e. , a mountainous way) through
which one woul d go to them (i. e. , peopl e of
Quraish). The she-camel of the Prophet
satdown. The peopl e tried their bestto cause
the she-camel to getup butin vain, so they
said, Al -Qaswa' (i. e. , the she-camel 's name)
has become stubborn! Al -Qaswa' has become
stubborn!" The Prophetsaid, "M-Qaw'
has notbecome stubborn, for stubbornness is
nother habit, butshe was stopped by Him
W ho stopped the el ephant. " Then he said,
"By the Name of Him in W hose Hands my
soul is, if they (i. e. , the Quraish infidel s) ask
me anything which wil l respectthe
Ordinances of Al l ah, I wil l grantitto
them. " The Prophetitthen rebuked the
she-camel and she gotup. The Prophet
changed his way til l he dismounted atthe
farthestend of Al -udaibiya ata pit(i. e. ,
wel l ) containing a l ittl e water which the
neopl e used in smal l amounts, and in a
iortwhil e the peopl e used up al l its water
and compl ained to Al l ah's Messenger of
thirst. The Prophet;took an arrow outof
his arrow-case and ordered them to putthe
arrow in thatpit. By Al l ah, the water started
and continued sprouting outtil l al l the
peopl e quenched their thirstand returned
with satisfaction. W hil e they were stil l in that
state, Budail bin W arqa Al -Khuza'i came
with some persons from his tribe Khuza'a and
they were the advisers of Al l ah's Messenger
who woul d keep no secretfrom him and
were from the peopl e of Tihama. Budail
said, "I l eftKa'b bin Lu'ai and 'Amir bin
Lu'ai residing atthe profuse water of Al -
54-THE BOOK OF CONDITIONS 6ja - 529
Hudaibiya and they had mitch camel s (or
their women and chil dren) with them, and
wil l wage war againstyou, and wil l prevent
you from visiting the Ka'bah. " Al l ah's
Messenger said, "W e have notcome to
fightanyone, butto perform the 'Umra. No
doubt, the war has weakened Quraish and
they have suffered greatl osses, so if they
wish, I wil l concl ude a truce with them,
during which they shoul d refrain from
interfering between me and the peopl e
(i. e. , the Arab infidel s other than Quraish),
and if I have victory over those infidel s,
Quraish wil l have the option to embrace
Isl am as the other peopl e do, if they wish;
they wil l atl eastgetstrong enough to fight.
Butif they do notacceptthe truce, by Al l ah
in W hose Hands my soul is, I wil l fightwith
them defending my Cause til l I getkil l ed, but
([ am sure) Al l ah wil l definitel y make His
Cause victorious." Budail said, "I wil l inform
them of whatyou have said." So, he setoff
til l he reached Quraish and said, "W e have
come from thatman (i. e. , Muhammad ;)
whom we heard saying something which we
wil l discl ose to you if you shoul d l ike. " Some
of the fool s among Quraish shouted thatthey
were notin need of this information, butthe
wiser among them said, "Rel ate whatyou
heard him saying." Budail said, "I heard him
saying so and so," rel ating whatthe Prophet
had tol d him. 'Urwa bin Mas'ud gotup
and said, "0 peopl e! Aren'tyou the sons?"
They said, "Yes. " He added, "Am I notthe
father?" They said, "Yes. " He said, "Do you
mistrustme?" They said, "No. " He said,
"Don'tyou know thatI invited the peopl e of
'Ukz for your hel p, and when they refused I
broughtmy rel atives and chil dren and those
who obeyed me (to hel p you)?" They said,
"Yes. " He said, "W el l , this man (i. e. , the
Prophet) has offered you a reasonabl e
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54THE BOOK OF CONDITIONS - 530
proposal , you'd better acceptitand al l ow me
to meethim. " They said, "You may meet
him. " So, he wentto the Prophetand
started tal king to him. The Prophettol d
him al mostthe same as he had tol d Budail .
Then 'Urwa said, "0 Muhammad! W on't
you feel any scrupl e in extirpating your
rel ations? Have you ever heard of anyone
amongstthe Arabs extirpating his rel atives
before you? On the other hand, if the reverse
shoul d happen, (nobody wil l aid you, for) by
Al l ah, I do notsee (with you) dignified
peopl e, butpeopl e from various tribes who
woul d run away l eaving you al one. " Hearing
that, Abu Bakr abused him and said, "Do
you say we woul d run and l eave the Prophet
, al one?" 'Urwa said, "W ho is thatman?"
They said, "He is AN Bakr." 'Urwa said to
AN Bakr, "By Him in W hose Hands my soul
is, were itnotfor the favour which you did to
me and which I did notcompensate, I woul d
retorton you." 'Urwa kepton tal king to the
Prophet. and seizing the Prophet's beard as
he was tal king whil e Al -Mugira bin Shu'ba
was standing near the head of the Prophet
;, hol ding a sword and wearing a hel met.
W henever 'Urwa stretched his hand towards
the beard of the Prophet, Al -Mugira
woul d hithis hand with the handl e of the
sword and say (to 'Urwa), "Remove your
hand from the beard of Al l ah's Messenger
. " 'Urwa raised his head and asked, "W ho
is that?" The peopl e said, "He is Al -MugIra
bin Shu'ba. " 'Urwa said, "0 treacherous!
Am I notdoing my bestto preventevil
consequences of your treachery?" Before
embracing Isl am Al -Mugira was in the
company of some peopl e. He kil l ed them
and took their property and came (to Al -
Madina) to embrace Isl am. The Prophet
said (to him), "As regards your Isl am, I
acceptit, butas for the property I do nottake
54 THE BOOK OF CONDITIONS
- 531
anything of it. (As itwas taken through
treason) . " 'Urwa then started l ooking atthe
companions of the Prophet. By Al l ah,
whenever Al l ah's Messenger spitted, the
spittl e woul d fal l in the hand of one of them
(i. e. , the Prophet's companions) who woul d
rub iton his face and skin;if he ordered them
they woul d carry his orders immediatel y;if
he performed abl ution, they woul d struggl e
to take the remaining water;and when they
spoke to him, they woul d l ower their voices
and woul d notl ook athis face constantl y out
of respect. 'Urwa returned to his peopl e and
said, "0 peopl e! By Al l ah, I have been to the
kings and to Caesar, Khosrau and An-
Najshi, yetI have never seen any of them
respected by his courtiers as much as
Muhammad () is respected by his
companions. By Al l ah, if he spitted, the
spittl e woul d fal l in the hand of one of them
(i. e. , the Prophet's companions) who woul d
rub iton his face and skin;if he ordered
them, they woul d carry outhis order
immediatel y;if he performed abl ution, they
woul d struggl e to take the remaining water;
and when they spoke, they woul d l ower their
voices and woul d notl ook athis face
constantl y outof respect. " 'Urwa added,
"No doubt, he has presented to you a good
reasonabl e offer, so pl ease acceptit. " A man
from the tribe of Ban Kinna said, "Al l ow
me to go to him," and they al l owed him, and
when he approached the Prophetand his
companions, Al l ah's Messenger said, "He
is so-and-so who bel ongs to the tribe that
respects the Budn (i. e. , camel s of the
sacrifice). So, bring the Budn in frontof
him." So, the Budnwere broughtbefore him
and the peopl e received him whil e they were
reciting Talbi ya. W hen he saw thatscene, he
said, "Gl orified be Al l ah! Itis notfair to
preventthese peopl e from visiting the
54- THE BOOK OF CONDITIONS JIJ3 . - 532
Ka'bah." W hen he returned to his peopl e, he
said, "I saw the Budn garl anded (with
col oured knotted ropes) and marked (with
stabs on their backs). I do notthink itis
advisabl e to preventthem from visiting the
Ka'bah. " Another person cal l ed Mikraz bin
Haftgotup and soughttheir permission to go
to Muhammad , and they al l owed him,
too. W hen he approached the Musl ims, the
Prophet
;
said, "Here is Mikraz and he is a
vicious man. " Mikraz started tal king to the
Prophet
iJ
and as he was tal king, Suhail bin
'Amr came. W hen Suhail bin 'Amr came, the
Prophetsaid, "Now the matter has
become easy. " Suhail said to the Prophet
, "Pl ease concl ude a peace treaty with us."
So, the Prophet0, cal l ed the cl erk and said
to him, "W rite: By the Name of Al l ah, the
MostGracious, the MostMerciful ." Suhail
said, "As for 'Gracious,' by Al l ah, I do not
know whatitmeans. So write: By Your
Name 0 Al l ah, as you used to write
previousl y." The Musl ims said, "By Al l ah,
we wil l notwrite except: By the Name of
Al l ah, the MostGracious, the Most
Merciful . " The Prophetsaid, "W rite:
By Your Name 0 Al l ah." Then he dictated,
"This is the peace treaty which Muhammad,
the Messenger of Al l ah has concl uded. "
Suhail said, "By Al l ah, if we knew thatyou
are Al l ah's Messenger we woul d notprevent
you from visiting the Ka'bah, and woul d not
fightwith you. So, write: "Muhammad bin
'Abdul l h. "The Prophetj4 said, "By Al l ah!
I am Messenger of Al l ah even if you peopl e
do notbel ieve me. W rite: Muhammad bin
'Abdul l ah. " (Az-Zuhri said, "The Prophet
accepted al l those things, as he had
al ready said thathe woul d accepteverything
they woul d demand if itrespects the
Ordinance of Al l ah, (i. e. , by l etting him
and his companions perform 'Umra
. )" The
54.- THE BOOK OF CONDITIONS .IJI - 533
Prophetsaid to Suhail , "On the condition
thatyou al l ow us to visitthe House (i. e. ,
Ka'bah) so thatwe may perform Tawaf
around it. " Suhail said, "By Al l ah, we wil l
not(al l ow you this year) so as notto give
chance to the 'Arabs to say thatwe have
yiel ded to you, butwe wil l al l ow you next
year. " So, the Prophetgotthatwritten.
Then Suhail said, "W e al so stipul ate thatyou
shoul d return to us whoever comes to you
from us, even if he embraced your rel igion. "
The Musl ims said, "Gl orified be Al l ah! How
wil l such a person be returned to the
Musji ri kun (pol ytheists, idol aters, pagans)
after he has become a Musl im?" W hil e they
were in this state Abu Jandal bin Suhail bin
'Amr came from the val l ey of Makkah
staggering with his fetters and fel l down
amongstthe Musl ims. Suhail said, "0
Muhammad! This is the very firstterm with
which we make peace with you, i. e. , you
shal l return Abu Jandal to me." The Prophet
, said, "The peace treaty has notbeen
written yet." Suhail said, "I wil l never al l ow
you to keep him. " The Prophetsaid,
"Yes, do. " He said, "I won'tdo. " Mikraz
said, "W e al l ow you (to keep him). " Ab
Jandal sail , "0 Musl ims! W il l I be returned
to the pagans though I have come as a
Musl im? Don'tyou see how much I have
suffered?" AbU Jandal had been tortured
severel y for the Cause of Al l ah. 'Umar bin
Al -Khattab said, "I wentto the Prophet
and said, 'Aren'tyou trul y the Messenger of
Al l ah?' The Prophet0. said, 'Yes, indeed. ' I
said, 'Isn'tour cause justand the cause of the
enemy unjust?' He said, 'Yes. ' I said, 'Then
why shoul d we be humbl e in our rel igion?' He
said, 'I am Al l ah's Messenger and I do not
disobey Him, and He wil l make me
victorious. ' I said, 'Didn'tyou tel l us that
we woul d go to the Ka'bah and perform
54-THE BOOK OF CONDITIONS
- 534
Tawaf around it?' He said, 'Yes, butdid I tel l
you thatwe woul d visitthe Ka'bah this year?'
I said, 'No. ' He said, 'So you wil l visititand
perform Tawaf around it' " 'Umar further
said, "I wentto AbU Bakr and said, '0 AbU
Bakr! Isn'the trul y Al l ah's Prophet?' He
repl ied, 'Yes. ' I said, Isn'tour cause justand
the cause of our enemy unjust?' He repl ied,
'Yes. ' I said, 'Then why shoul d we be humbl e
in our rel igion?' He said, 'Indeed, he is
Al l ah's Mesenger and he does notdisobey his
Lord, and He wil l make him victorious.
Adhere to him as, by Al l ah, he is on the
right. ' I said, 'W as he nottel l ing us thatwe
woul d go to the Ka'bah and perform Tawaf
around it?' He said, 'Yes, butdid he tel l you
thatyou woul d go to the Ka'bah this year?' I
said, 'No. ' He said, 'You wil l go to Ka'bah
and perform Tawaf around it'. " (Az-Zuhri
said, " 'Umar said, 'I performed many good
deeds as expiation for the improper questions
I asked them'. ") W hen the writing of the
peace treaty was concl uded, Al l ah's
Messenger
il l
said to his companions, "Get
up and sl aughter your sacrifices and getyour
head shaved." By Al l ah none of them gotup,
and the ProphetjjLt, repeated his order thrice.
W hen none of them gotup, he l eftthem and
wentto Umm Sal ama and tol d her of the
peopl e's attitudes towards him. Umm
Sal ama said, "0 the Prophetof Al l ah! Do
you wantyour order to be carried out? Go
outand don'tsay a word to anybody til l you
have sl aughtered your sacrifice and cal l yur
barber to shave your head." So, the Prophet
wentoutand did nottal k to anyone of
them til l he did that, i. e. , sl aughtered the
sacrifice a id cal l ed his barber who shaved his
head. Seiing that, the companions of the
Prophetgotup, sl aughtered their
sacrifices, and started shaving the heads of
one another, and there was so much rush that
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54- THE BOOK OF CONDITIONS jil6
.
ja - at
there was a danger of kil l ing each other.
Then some bel ieving women came (to the
Prophet);and Al l ah jw reveal ed the
fol l owing Divine Verses:
"0 you who bel ieve, when the bel ieving
women come to you as emigrants examine
them. . . (up to). . the disbel ieving women as
wives. " (V. 60:10)
'Umar then divorced two wives of his who
were infidel s. Later on Mu'awiya bin AbU
Sufyan married one of them, and Safwan bin
Urnaiyya married the other.
W hen the Prophetj returned to Al -
Madina, Abu Basir, a new Musl im convert
from Quraish came to him. The infidel s sent
in his pursuittwo men who said (to the
Prophet, "Abide by the promise you gave
us. " So, the Prophethanded him over to
them. They took him out(of the city) til l they
reached Dhul -Il ul aifa where they
dismounted to eatsome dates they had with
them. AbU Bair said to one of them, "By
Al l ah, 0 so-and-so, I see you have a fine
sword. " The other drew itout(of the
scabbard) and said, "By Al l ah, itis very
fine and I have tried itmany times." Ab
Basir said, "Letme have a l ook atit. " W hen
the other gave itto him, he hithim with ittil l
he died, and his companion ran away til l he
came to Al -Madina and entered the mosque
running. W hen Al l ah's Messenger saw
him he said, "This man appears to have been
frightened." W hen he reached the Prophet
i jhe said, "My companion has been
murdered and I woul d have been murdered
too. " Abu Basir came and said, "0 Al l ah's
Messenger, by Al l ah, Al l ah has made you
ful fil your obl igations by your returning me to
them (i. e. , the infidel s), butAl l ah has saved
me from them. " The Prophetsaid, "W oe
to his mother! whatan excel l entwar kindl er
he woul d be, shoul d he onl y have
54THE BOOK OF CONDITIONS . . J1 - 536
supporters. " W hen Aba Basir heard thathe
understood thatthe Prophetwoul d return
him to them again, so he setoutand l efttil l
he reached the seashore. AbU Jandal bin
Suhail gothimsel f rel eased from them (i. e. ,
infidel s) and joined Abfl Basir. So, whenever
a man from Quraish embraced Isl am he
woul d fol l ow Abu Basir til l they formed a
strong group. By Al l ah, whenever they heard
abouta caravan of Quraish heading towards
Sham, they stopped itand attacked and
kil l ed them (i. e. , infidel s) and took their
properties. The peopl e of Quraish senta
message to the Prophetjrequesting him for
the sake of Al l ah and kith and kin to send for
(i. e. , AbU Basir and his companions)
promising thatwhoever (amongstthem)
came to the Prophetwoul d be secure.
So the Prophet;sentfor them (i. e. , Aba
Basir's companions) and Al l ah Jw reveal ed
the fol l owing Divine Verses:
"And itis He W ho has withhel d their
hands from you and your hands from them in
the midstof Makkah, after He made you
victors over them. . (up to). . pride and
haughtiness, the pride and haughtiness of
the time of ignorance." (V. 48:24-26)
And their pride and haughtiness was that
they did notconfess (write in the treaty) that
he (i. e. , Muhammad
)
is the Prophetof
Al l ah and refused to write: "In the Name of
Al l ah, the MostGracious, the Most
Merciful ," and prevented the Musl ims from
visiting the Ka'bah.
jjhil 6
.
ja -
1
537
1
2733. Narrated Az-Zuhri: 'Urwa said,
"'Aishah tol d me thatAl l ah's Messenger 4
used to examine the women emigrants. W e
have been tol d al so thatwhen Al l ah )t
reveal ed the order thatthe Musl ims shoul d
return to the Musri kn (pol ytheists,
idol aters, pagans) whatthey had spenton
their wives who emigrated (after embracing
Isl am) and thatthe Musl ims shoul d notkeep
disbel ieving women as their wives, 'Umar
divorced two of his wives, Qariba, the
daughter of AbU Umaiyya and the daughter
of Jarwal Al -Khuza'i. Later on Mu'wiya
married Qariba and Aba Jahm married the
other. "
W hen the
Musfjri kun
refused to pay what
the Musl ims had spenton their wives, Al l ah
jw reveal ed:
"And if any of your wives had gone from
you to the disbel ievers . . . . . . . (V. 60:11)
So, Al l ah ordered thatthe Musl im whose
wife has gone, shoul d be given, as a
compensation of the Mahr he had given to
his wife, from the Mahr of the wives of the
Mushri kunwho had emigrated deserting their
husbands.
54- THE BOOK OF CONDITIONS . jJI 6
.
ju - ot 53 8
W e do notknow any of the women
emigrants who deserted Isl am after
embracing it. W e have al so been tol d that
AbU Basir bin Mid Ath-Thaqafi came to the
Prophet
ii
as a Musl im emigrantduring the
truce. Al -Akhnas bin Shariq wrote to the
Prophetrequesting him to return Abu
Basir.
(16) CHAPTER. Conditions in loans
Ibn 'Umar L4i and 'Ata' said, "If
one l ends something for a certain period, the
debtis val id. "
2734. Narrated Abu Hurairah Z
Al l ah's Messenger ;mentioned a person
who asked an Israel i man to l end him one
thousand Dinars, and the Israel i l enthim the
sum for a certain fixed period.
(17) CHAPTER. Al-Mukatab (i.e., the slave
who is given the writing of emancipation for
a certain sum) and about the invalidity of
those conditions which contradict Allah's
Laws.
Jabir bin 'Abdul l h said
regarding A 1-Mukatab, "Their conditions
are those which are mutual l y agreed upon
by them. " Ibn 'Umar or 'Umar said, "Any
condition which is againstAl l fih's Laws, is
inval id, even if one stipul ates a hundred such
conditions."
54.-THE BOOK OF CONDITIONS
- 539
2735. Narrated 'Amra: 'Aishah
said thatBarira came to seek her hel p in the
writing of her emancipation. 'Aishah said to
her, "If you wish, I wil l pay your masters
(your price) and the Wald' wil l be for me. "
W hen Al l ah's Messenger came, she tol d
him aboutit. The Prophetsaid to her,
"Buy her (i. e. , Barira) and manumither, for
the Wald' is for the one who manumits. "
Then Al l ah's Messenger ascended the
pul pitand said, "W hataboutthose peopl e
who stipul ate conditions which are not
presentin Al l ah's Laws? W hoever stipul ates
such conditions as are notpresentin Al l ah's
Laws, then those conditions are inval id even
if he stipul ted a hundred such conditions. "
(18) CHAPTER. W hat kinds of conditions
are permissible;and what is exempted from
the decision;and the conditions which are
well-known amongst the people, and if
somebody says, "One hundred minus one
or two."
Narrated Ibn Sirin: A man said to a hirer
of animal s, "Prepare your travel l ing animal s,
and if I shoul d notgo with you on such and
such day, I shal l pay you one hundred
Dirhams," buthe did notgo on thatday.
Shuraih said, "If anyone puts a condition on
himsel f of his own free wil l withoutbeing
under duress, he has to abide by it. "
Narrated Ayyub from Ibn Sirin: A man
sol d foodstuff and the buyer tol d the sel l er
thatif he did notcome to him on
W ednesday, then the deal woul d be
cancel l ed (i. e. , inval id) and he did notturn
up on thatday. " Shuraih said to the buyer,
"You have broken your promise," and gave
the verdictagainsthim.
- 540
2736. Narrated Abfl Hurairah
Al l ah's Messenger said, "Al l ah has ninety-
nine names, i. e. , one hundred l ess one, and
whoever counts them (bel ieves in their
meanings and acts accordingl y) wil l enter
Paradise. " (Pl ease see Hadi th No. 6410
Vol . 8)
(19) CHAPTER. Conditions in Waaf (i.e.,
religious endowment).
2737. Narrated Ibn 'Umar L4L. 3I
'Umar bin Al -Khattab gotsome l and in
Khaibar and he wentto the Prophetto
consul thim aboutit, saying, "0 Al l ah's
Messenger I gotsome l and in Khaibar better
than which I have never had, whatdo you
suggestthatI do with it?" The Prophet
said, "If you l ike you can give the l and as
endowmentand give its fruits in charity. " So
'Umar gave itin charity as an endowmenton
the condition thatitwoul d notbe sol d nor
given to anybody as a presentand notto be
inherited, butits yiel d woul d be given in
charity to the poor peopl e, to the kith and
kin, for freeing sl aves, for Al l ah's Cause, to
the travel l ers and guests;and thatthere
woul d be no harm if the guardian of the
endowmentate from itwith Ma'rtIf
(according to his l abour with good
intention), and fed others withoutstoring it
for the future. .
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Sahih Al-Bukhari Vol. 3 - 1773-2737

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Sahih Al-Bukhari Vol. 3 - 1773-2737

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I

JyJI L.JL)J 4LJI LJJ i

(chil dren etc. ) . . . . . . . . . . . . . . . . . . . . . . . . . . . .

go on footto the Ka'bah. . . . . . . . . . . . . .

al l the evil and bad persons. . . . . . . . . . .

considered as l egal 7. . . . . . . . . . . . . . . . . . . . . 187

confirm the bargain. . . . . . . . . . . . . . . . . . . . . 188

cancel l ing the bargain. . . . . . . . . . . . . . . . . 188

(46) CHAFFER. If the sel l er has the

(47) CHAFFER. To buy a thing and

give itas a present. . . . . . . . . . . . . . . . . . . . . . . 190

regards cheating in business. . . . . . . . . . 191

(50) CHAPTER. The disl ike of

raising voices in the market. . . . . . . . . . . 194

the sel l er or the giver. . . . . . . . . . . . . . . . . . . 195

preferabl e regarding measuring. . . . . . 196

in the S' and Mudd of the

(54)CHAFFER. The sel l ing of the

178 foodstuff and its storage. . . . . . . . . . . . . . . 197

(56) CHAFFER. W hoever bought

weighing shoul d notsel l before

(57)CHAPTER. If somebody buys

with the sel l er, or itdies before he

(58) CHAFFER. Notto cancel a

(59)CHAFFER. Sel l ing by auction. 202

(61) CHAPTER. A l-Gharar and

(62) CHAPTER. A l-Li mas or

185 Mulamasa.................................. 203

(63) CHAFFER. Munbadha........ 204

al l owed to keep animal unmil ked for

(65)CHAFFER. Returning an ani-

mal after mil king it. . . . . . . . . . . . . . . . . . . . . . 206

oJ.Aa.H 6ja - r'.

1810. Narrated Sal im: ('Abdul l h) bin LL. 1 -

iJji)) :JUi Jl JLLJ

ft_ . ft- ft_ ft

said, "W e took the SaI'. ,

P#. 031 6ja - 102

And Al l ah said;"Veril y! W e have

The Prophetsaid, "W hoever observed

(19) CHAPTER. A Mu'tak(f can let his head

2046. Narrated 'Urwa: 'Aishah i,;tii. - 'c'.

2152. Narrated AbU Hurairah i

sexual intercourse. The Prophetsaid, "If

2155. Narrated 'Aishah LL i

2218. Narrated 'Aishah i Sa'd

Narrated AbU Ja'far: Al l the emigrants in

A nsar)on the condition of having one-third

or one-fourth of the yiel d. 'Al l , Sa'd bin

Mal ik, 'Abdul l h bin Mas'Ud, 'Umar bin

famil ies of AbU Bakr, of 'Umar and of 'Al l , ;Ji ..0

and Ibn Sit-in cul tivated the l and of 'Abdur-

Rahmn bin Yazid on the basis of taking a -

portion of the yiel d. " 'Umar made a deal j , .

A man came to Al l ah's Messenger and -

2373. Narrated Az-Zubair bin Al-

Prophet. The Prophetsaid thatAl l ah

2470. Narrated Jbir The

255O. Narrated 'Abdul l ahl ,:The Lt,. - :L

Prophet said, "If a sl ave serves his Sai yi d- -

(Al l ah) perfectl y, he wil l geta doubl e . t

2551. Narrated AbUMUsaii,,:The LL

obedientto his Sai yi d (master), wil l geta - - -, - - -