Mishkat al-Masabih

‘Umar reported God's Messenger as saying, "Gold for gold is usury unless both hand over on the spot*; silver for silver is usury unless both hand over on the spot; wheat for wheat is usury unless both hand over on the spot; barley for barley is usury unless both hand over on the spot; dates for dates is usury unless both hand over on the spot." (Bukhari and Muslim.) *"the Arabic is ha’ waha’ meaning literally "take and take”.

Abu Sa'id and Abu Huraira told that God’s Messenger appointed a man over Khaibar and he brought him dates of a very fine quality. He asked him whether all the dates of Khaibar were like that, and he replied, “I swear by God that they are certainly not, Messenger of God. We take a sa‘ of this kind for two, and two for three." So he said, "Do not do so. Sell the lot for dirhams, then buy the very fine dates for dirhams." He said that it was the same when things were sold by weight. (Bukhari and Muslim.)

Abu Sa'id said that Bilal brought the Prophet some barni* dates, and when he asked him where he had got them he replied, "I had some inferior dates, so I sold two sa's of them for a sa." He said, "Ah, the very essence of usury, the very essence of usury. Do not do so, but when you wish to buy, sell the dates in a separate transaction, then buy with what you get." (Bukhari and Muslim.) * A type of dates of the best quality, sweet and luscious, red tinged with yellow.

Jabir told that a slave came and swore allegiance to the Prophet promising to emigrate, but he did not know that he was a slave. When his master came in search of him the Prophet said to him, ‘Sell him to me," and he bought him for two black slaves. Afterwards he never took an oath of allegiance from anyone without asking him whether he was a slave or free. Muslim transmitted it.

He said that God’s Messenger forbade selling a quantity of dates whose measure was unknown for a specific quantity of dates. Muslim transmitted it.

Fadala b. 'Ubaid* said that at the battle for Khaibar he had bought a necklace in which there were gold and gems for twelve dinars, and after considering them separately he found that it was worth more than twelve dinars, so he mentioned that to the Prophet who said, "It must not be sold till the contents are considered separately." Muslim transmitted it. * The Damascus edition, iii, 308 and Mirqat, iii, 311 wrongly give Abu 'Ubaid, but in the commentary Mirqat gives the name correctly as Fadala b. 'Ubaid.

Abu Huraira reported God's Messenger as saying, “A time is certainly coming to mankind when only the receiver of usury will remain, and if he does not receive it some of its vapour (or alternatively, its dust) will reach him.” Ahmad, Abu Dawud, Nasa'i and Ibn Majah transmitted it.

‘Ubada b. as-Samit reported God’s Messenger as saying, “Do not sell gold for gold, or silver for silver, or wheat for wheat, or barley for barley, or dates for dates, or salt for salt except equal for equal, kind for kind, payment being made on the spot; but sell gold for silver, silver for gold, wheat for barely, barley for wheat, dates for salt and salt for dates, payment being made on the spot, as you wish.” Shafi'i transmitted it.

Sa'd b. Abu Waqqas said he heard God's Messenger being asked about buying dry dates for fresh and asking whether the fresh dates were diminished when they became dry. On being told that they were, he forbade that. Malik, Tirmidhi, Abu Dawud, Nasa’i and Ibn Majah transmitted it.

Sa'id b. al-Musayyib told in mursal form that God’s Messenger forbade the sale of meat for animals1. Sa'id said it was connected with the maisir2 of the people of pre-Islamic times. It is transmitted in Sharh as-sunna. 1. i.e. meat sold in exchange for living animals. 2. A game of chance played with arrows for parts of a camel. The type of transaction mentioned in the tradition is evidently considered to contain something in the nature of a gamble.

Samura b. Jundub told that the Prophet, forbade selling animal for animals when payment was to be made at a later date. Tirmidhi, Abu Da.wud, Nasa’i, Ibn Majah and Darimi transmitted it.

‘Abdallah b. ‘Amr b. al-‘As told that the Prophet commanded him to equip an army, but when the camels were insufficient he commanded him to keep back the young camels of the sadaqa, and he was taking a camel to be replaced by two when the camels of the sadaqa came. Abu Dawud transmitted it.

Usama b. Zaid reported the Prophet as saying, "Credit involves usury.” In a version he said, "There is no usury when payment is made on the spot.” (Bukhari and Muslim.)

‘Abdallah, son of Hanzala who was washed by the angels*, reported God's Messenger as saying, "A dirham which a man knowingly receives in usury is more serious than thirty-six acts of fornication”. Ahmad and Daraqutni transmitted it. * Hanzala was killed at the battle of Uhud. The dead were buried without being washed, and as Hanzala is reputed to have been in a state of ceremonial impurity at the time, his family were anxious; so the Prophet told them he had been washed by the angels. He is commonly called al-ghasil. In the text above the phrase used is ghasil al-mala’ika. Baihaqi transmitted in Shu'ab al-iman on the authority of Ibn ‘Abbas with the addition that he said, "Hell is more fitting for him whose flesh is nourished by what is unlawful.”

Abu Huraira reported God’s Messenger as saying, "Usury has seventy parts, the least important being that a man should marry his mother.” Ibn Majah and Baihaqi, in Shu'ab al-iman

Ibn Mas'ud reported God’s Messenger as saying, "Even though usury be much it leads in the end to penury.” Ibn Majah and Baihaqi, in Shu'ab al-iman, transmitted it, and Ahmad also transmitted it.

Abu Huraira reported God's Messenger as saying, "On the night when I was taken up to heaven I came upon people whose bellies were like houses and contained snakes which could be seen from outside their bellies. I asked Gabriel who they were and he told me that they were people who had practised usury.” Ahmad and Ibn Majah transmitted it.

‘Ali said he heard God’s Messenger curse those who took usury, those who paid it, those who recorded it, and those who refused to give sadaqa; and he used to prohibit wailing. Nasa’i transmitted it.

The last verse to be sent down was that on usury (Al-Qur’an 2:275) but God's Messenger was taken without having expounded it to us; so leave aside usury and whatever is doubtful. Ibn Majah and Darimi transmitted it.

Anas reported God’s Messenger as saying, "When one of you makes a loan and the borrower sends him a present or provides an animal for him to ride, he must not ride the one or accept the other unless it is a practice they followed previously." Ibn Majah and Baihaqi, in Shu'ab al-iman, transmitted it.

He reported the Prophet as saying, "When a man makes a loan to another he must not accept a present." Bukhari transmitted it in his Ta’rikh, as is said in al-Muntaqa.

I came to Medina and met 'Abdallah b. Salam who said, "You are in a land in which usury is common, so when anyone owes you anything and presents you with a load of straw, or a load of barley, or a rope of lucerne grass, do not accept it for it is usury." Bukhari transmitted it.

Ibn ‘Umar said that God’s Messenger forbade muzabana, which means that a man sells the fruit of his garden, if it consists of palm trees*, for dried dates by measure; or if it consists of grapes, for raisins by measure; or (Muslim has “and if”) it is corn, he sells it for a measure of corn. He forbade all that. A version by both of them tells that he forbade muzabana, which means that the fruit on the palm-trees is sold for a specified measure of dates, the seller profiting if it is greater and losing if it is less. (Bukhari and Muslim.) * Explained as meaning fresh dates

Jabir said that God’s Messenger forbade mukhabara, muhaqala and muzabana. Muhaqala means that a man sells a sown field for a hundred faraqs ( 3 sa’s) of wheat; muzabana that he sells the dates on the palm-trees for a hundred faraqs and mukharaba is renting land for a third and a quarter of the produce. Muslim transmitted it.

He said that God’s Messenger forbade muhaqala, muzabana, mukhabara, mu'awama (Selling a year’s harvest before the crop has grown, or selling the fruit on one’s palm-trees two or three years ahead.) and thunya (An exception the amount of which is not accurately known.), but gave licence for ‘araya (Plural of ‘ariya. A palm-tree assigned by its owner to another who is in need, for him to eat its fruit for a year. It is said that a poor man who had no money to buy fresh dates might buy the fruit on a palm-tree for dry dates.) Muslim transmitted it.

Sahl b. Abu Hathma said that God’s Messenger forbade the sale of fruit for dried dates but gave licence regarding the ariya for its sale on the basis of a calculation of what the dates would be when dry, yet those who bought them could eat them when fresh. (Bukhari and Muslim.)

Abu Huraira said God's Messenger gave licence regarding the sale of ‘araya for a computation of their amount when dry, provided they were less than five wasqs*, or amounted to five wasqs. Dawud b. al Husain was doubtful (Bukhari and Muslim.) *(wasq is a camel load=60 sa’s)

‘Abdallah b. ‘Umar said that God's Messenger forbade the sale of fruits till they were clearly in good condition, forbidding it both to the seller and to the buyer. A version by Muslim says he forbade selling palm-trees (i.e. their fruit) till the dates began to ripen, and ears of corn till they were white and were safe from blight. (Bukhari and Muslim.)

when God keeps back the fruit, why should any of you take his brother’s property?” (Bukhari and Muslim.)

Jabir said that God's Messenger forbade selling fruit years ahead, and commanded that unforeseen loss be remitted in respect of what is affected by blight. Muslim transmitted it.

He reported God's Messenger as saying, “If you were to sell something to your brother and it was smitten by blight it would not be allowable for you to take anything from him. Why should you take your brother's property unjustly?” Muslim transmitted it.

Ibn ‘Umar said they used to buy grain in the upper part of the market and sell it in the same spot, but God’s Messenger forbade them to sell it there before removing it. Abu Dawud transmitted it. I have not found it in the two Sahihs.

He reported God's Messenger as saying, “If anyone buys grain he must not sell it till he has received it in full.” A version by Ibn ‘Abbas has, ‘‘till he measures it out.” (Bukhari and Muslim.)

Ibn ‘Abbas said what the Prophet forbade was that grain should be sold before it had been received. Ibn ‘Abbas said, “I do not think this applies to every commodity, but only to things of that type.” (Bukhari and Muslim.)

he may keep them if he is pleased with them, and may return them along with a sa‘ of dates if he is displeased with them.” A version by Muslim has, “If anyone buys a sheep whose udder has been tied up he has three days in which to decide whether to keep it or not; but if he returns it he must return with it a sa’ of any grain but wheat.”2 (Bukhari and Muslim.) 1. When agreement has obviously been reached, although the contract has not been confirmed, no one must step in and offer a higher price. 2. Samra’. The full pharse is hinta samra’, meaning "tawny wheat" ; then the adjective is used by itself as a word for wheat.

He reported God’s Messenger as saying, “Do not go out to meet what is being brought .* * He may find he could have a higher price in the market, and so he has the right to cancel the deal. Muslim transmitted it.

Ibn ‘Umar reported God’s Messenger as saying, “Do not go out to meet merchandise, till it is brought down to the market.” (Bukhari and Muslim.)

He reported God’s Messenger as saying, “One must not offer more than the amount agreed by his brother*, or ask a woman in marriage when his brother has done so, unless he permits him.” *i.e. when the parties have already agreed on a price. Muslim transmitted it.

Abu Huraira reported God’s Messenger as saying, “A man must not offer a price above that offered by his brother Muslim.” Muslim transmitted it.

Jabir reported God’s Messenger as saying, “A townsman must not sell for a man from the desert; if you leave people alone, God will give them provision from one another.” Muslim transmitted it.

Abu Sa'id al-Khudri said that God’s Messenger forbade two ways of dressing and two types of business transaction. He forbade mulamasa and munabadha in a business transaction. Mulamasa means that a man touches another’s garment with his hand, whether at night or by day, without turning it over any more than that involves. Munabadha means that a man throws his garment to another and the other throws his garment, that confirming their contract without inspection or mutual agreement. One of the ways of dressing is the wrapping of the samma, which means that a man puts his garment over one of his shoulders so that one of his sides appears uncovered; the other is when a man wraps himself up in his garment while sitting in such a way that none of it covers his private parts. (Bukhari and Muslim.)

Abu Huraira said that God’s Messenger forbade a transaction determined by throwing stones1, and the type which involves some uncertainty2. Muslim transmitted it. 1. A type of transaction in which it is made binding when the buyer or the seller throws a stone; or in which a man agrees to sell to another all the commodities on which stones which he throws alight; or in which one agrees to sell another some land up to the distance to which he can throw a stone. 2. Bai' al-gharar. One might translate this ‘aleatory contracts of sale’, but this is not the only term to which that applies. The type of transaction intended is one in which there is no guarantee that the seller can deliver the goods for which he receives payment. It could include such items as selling a runaway slave, or fish which one has not caught, etc.

Ibn ‘Umar said that God's Messenger forbade the transaction called habal al-habala which was one entered into in pre-Islamic times, whereby a man bought a she-camel which was to be the offspring of a she-camel which was still in its mother’s womb. (Bukhari and Muslim.)

He said that God’s Messenger forbade a stallion's covering. Bukhari transmitted it.

Jabir said that God’s Messenger forbade hiring a camel to cover a she-camel and selling water and land to be tilled (This is really mukhabara). Muslim transmitted it.

He said that God’s Messenger forbade the sale of excess water. Muslim transmitted it.

Abu Huraira reported God’s Messenger as saying, “Excess water must not be sold for the purpose of having the herbage which grows from it sold." (Bukhari and Muslim.)

He said that God's Messenger once came upon a heap of grain, and when he put his hand into it his fingers felt some dampness, so he asked the owner of the grain how that came about. On being told that rain had fallen on it he said, "Why did you not put the damp part on the top of the grain so that people might see it? He who deceives has nothing to do with me." Muslim transmitted it.

Jabir said that God’s Messenger forbade making an exception unless it was explicit. Tirmidhi transmitted it.

Anas said that God's Messenger forbade the sale of grapes till they became black and the sale of grain till it had become hard. Thus Tirmidhi and Abu Dawud transmitted it from Anas. The addition which is in al-Masabih, viz., his saying that he forbade the sale of dates till they became ripe, occurs only in their version from Ibn ‘Umar who said that he forbade the sale of palm-trees till the fruit was ripe. Tirmidhi said this is a hasan gharib tradition.