Mishkat al-Masabih

Ibn ‘Umar said the Prophet forbade selling a debt to be paid at a future date for another (This is allowing a man who cannot pay a debt when it is due to have an extension of the period in return for an additional sum payable; or when a man agrees to sell an article which someone owes him for money which someone else owes to the buyer. Daraqutni transmitted it.

‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that God’s Messenger forbade the type of transaction in which earnest money was paid (An arrangement by which the earnest-money was treated as part of the price if the deal was completed but was retained if it was not completed). Malik, Abu Dawud and Ibn Majah transmitted it.

‘Ali said God’s Messenger forbade a forced contract, one which involves some uncertainty, and the sale of fruit before it is ripe. Abu I Dawud transmitted it.

Anas said that a man of Kilab asked the Prophet about hiring a stallion to cover a female and he forbade him; but when he said, "Messenger of God, we lend a stallion to cover a female and are given a present," he gave him licence to accept a present. Tirmidhi transmitted it.

Hakim b. Hizam said God's Messenger forbade him to sell anything which was not in his possession. Tirmidhi transmitted it. In a version by Abu Dawud and Nasa’i, he had said, “Messenger of God, a man comes to me and wants me to sell him something, but I do not have it and so I buy it for him from the market.” He replied, “Do not sell what you do not possess.”

or selling an article for a stated price on condition that the buyer sells article for a stated price. Malik, Tirmidhi, Abu Dawud and Nasa‘i transmitted it.

‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that God’s Messenger forbade two transactions in one bargain. It is transmitted in Sharh as-sunna.

He reported God’s Messenger as saying, “The proviso of a loan combined with a sale is not allowable, nor two conditions relating to one transaction, nor the profit arising from something which is not in one’s charge (An article belongs to the seller till the transaction is complete, and so long as it is still in his possession he is the one who gains any profit on it or bears any loss. The buyer cannot claim profit till he is in possession of the article nor selling what is not in your possession. Tirmidhi, Abu Dawud and Nasa’i transmitted it, Tirmidhi saying this is a sahih tradition.

Ibn ‘Umar said he used to sell camels at an-Naqi‘for dinars and take dirhams for them, and sell for dirhams and take dinars for them. He went to the Prophet and mentioned that to him, and he replied, “There is no harm in taking them at the current rate so long as you do not separate leaving something still to be settled.” Tirmidhi, Abu Dawud, Nasa’i and Darimi transmitted it.

This is what al-‘Adda’ b. Khalid b. Haudha brought from Muhammad, God’s Messenger. He bought from him a slave, or a slave woman, with no disease or wickedness, or anything unlawful*, a transaction between two Muslims. Tirmidhi transmitted it, saying this is a gharib tradition. * This might be bad character on the part of the slave or unlawful enslavement.

Anas said that God’s Messenger offered for sale a saddle-cloth (woolen cloth placed on a camel under the pack-saddle), and a drinking-vessel, saying, “Who will buy this saddle-cloth and drinking- vessel?” A man offered to take them for a dirham and the Prophet asked whether anyone would give more. A man offered him two dirhams and he sold them to him. Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

Wathila b. al-Asqa' told that he heard God's Messenger say, "If anyone sells a defective article without drawing attention to it, he will remain under God’s anger," or, “the angels will continue to curse him.” Ibn Majah transmitted it.

Ibn ‘Umar reported God’s Messenger as saying, “If anyone buys palm-trees after they have been fecundated the fruit belongs to the seller unless the buyer makes a proviso; and if anyone buys a slave who possesses property his property belongs to the seller unless the buyer makes a proviso." Muslim transmitted it and Bukhari transmitted something to the same effect as the first part alone.

I was travelling on a camel of mine which had grown jaded when the Prophet passed by and struck it, with the result that it went as it had never done before. He then said, “Sell it to me for a wuqiya*”. I agreed, but made the stipulation that I should be allowed to ride it home. Then when I came to Medina I took the camel to him and he paid me its price in ready money. In a version he said, “He gave me its price and returned it to me." In a version by Bukhari he said to Bilal, “Pay him and give something extra," so he gave the money adding a qirat (A small coin, probably meaning here a sixteenth of a dirham). (Bukhari and Muslim.) *This and the more common form uqiya used below in the tradition from 'A'isha is an amount equivalent to forty dirhams.

What is the matter with people who make conditions which are not in God’s Book? Any condition which is not in God’s Book is worthless. Even if there are a hundred conditions, God’s decision is more valid and God's condition is more binding. The right of inheritance belongs only to the one who has set a person free.” (Bukhari and Muslim.)

Ibn ‘Umar said that God’s Messenger forbade selling or giving away the right to inheritance from a manumitted slave. (Bukhari and Muslim.)

I bought a slave and made him earn something for me, but afterwards I found a defect in him and so brought a case regarding him before ‘Umar b. ‘Abd al-‘Aziz, who decided in my favour that I should return him, but against me that I should return what he had earned. I therefore went to ‘Urwa and informed him, and he replied that he would go that evening to him and tell him he had been informed by ‘A'isha that God’s Messenger had given judgment in a similar case that any profit goes to the one who bears responsibility*. ‘Urwa went to him, and he gave judgment in my favour that I should receive the profit from the one for whom he had given the decision against me. * al-Kharaj bid daman. After a sale any profit which accrues belongs to the buyer. It is transmitted in Sharh as-sunna.

‘Abdallah b. Mas'ud reported God’s Messenger as saying, “When two people who are arranging a business transaction disagree the decision rests with the seller, but the buyer has the right to choose whether he will confirm this*.” Tirmidhi transmitted it. In the version of Ibn Majah and Darimi he said, “When two people who are arranging a business transaction disagree, the commodity being present and is neither being able to prove his case, the decision rests with the seller, or they may both reject the transaction.” * The seller swears an oath to the effect that he is right. The buyer may either agree or swear in an oath that he is right. In the latter instance the qadi cancels the deal.

Abu Huraira reported God’s Messenger as saying, “If anyone rescinds a sale with a Muslim, God will cancel his slip* on the day of resurrection.” * God will forgive his fault. Abu Dawud and Ibn Majah transmitted it; and it occurs in Sharh as-sunna with the wording in al-Masabih on the authority of Shuraih ash-Shami in mursal form.

Abu Huraira reported God’s Messenger as saying, “A man of those who were before your time bought some real estate from another, and the buyer found in what he had bought a jar containing gold. The buyer told the other to take his gold from him as he had bought from him only the property and had not bought the gold from him, but the man who had sold the land said he had sold him the land and its contents. They brought the matter before another for decision and he asked whether they had any children. When one said he had a boy and the other said he had a girl, he told them to marry the boy to the girl and spend* some of the gold on them and give sadaqa.” *While the dual has been used with reference to the two men, the plural is used for “marry" and “spend’’. (Bukhari and Muslim.)

Ibn 'Abbas said that when God’s Messenger came to Medina they were paying one, two and three years in advance for fruits, so he said, “Those who pay in advance for anything must do so for a specified measure and weight with a specified time fixed.” (Bukhari and Muslim.)

'A’isha said that God’s Messenger bought some grain from a Jew to be paid at a specified time, and gave him a coat of mail of his as a pledge. (Bukhari and Muslim.)

She said that when God’s Messenger died his coat of mail was in pledge with a Jew for thirty sa's of barley. Bukhari transmitted it.

Abu Huraira reported God’s Messenger as saying, “An animal may be ridden for payment when it is in pledge and the milk of milch-camels may be drunk of payment when in pledge, payment being made by the one who rides and the one who drinks.” Bukhari transmitted it.

Sa'id b. al-Musayyib reported God’s Messenger as saying, “A pledge does not become lost to its owner when he does not redeem it in time. Any increase in its value goes to him and any loss must be borne by him.” Shafi'i transmitted it in mursal form, and something similar or something with a similar meaning with no discrepancy is transmitted on the authority of Abu Huraira with a fully connected isnad.

Ibn ‘Umar reported the Prophet as saying, “The measure of capacity is that used by the people of Medina and the measure of weight is that used by the people of Mecca.” Abu Dawud and Nasa’i transmitted it.

Ibn ‘Abbas reported God’s Messenger as saying to those who measured commodities by capacity and those who measured by weight, “You have been put in charge of two matters because of which peoples of the past before your time perished.” Tirmidhi transmitted it.

Abu Sa'id al-Khudri reported God’s Messenger as saying, “If anyone pays in advance for an article he may not transfer, it to someone else before he receives it.” Abu Dawud and Ibn Majah transmitted it.

Ma'mar reported God's Messenger as saying, “If anyone keeps goods till the price rises he is a sinner.” Muslim transmitted it.

‘Umar reported the Prophet as saying, “He who brings goods for sale is blessed with good fortune, but he who keeps them till the price rises is accursed.” Ibn Majah and Darimi transmitted it.

Anas said that when prices were high in the Prophet’s time the people asked him to fix prices for them, but he replied, “God is the One who fixes prices, who withholds, gives lavishly and provides, and I hope that when I meet my Lord none of you will have any claim on me for an injustice regarding blood or property.” Tirmidhi, Abu Dawud, Ibn Majah and Darimi transmitted it.

‘Umar b. al-Khattab told of hearing God’s Messenger say, “If anyone keeps grain from the Muslims waiting for the price to rise, God will smite him with tubercular leprosy* and insolvency.” Ibn Majah, Baihaqi, in Shu'ab al-iman, and Razin in his book transmitted it. * Judham.

Ibn ‘Umar reported God’s Messenger as saying, “If anyone with-holds grain for forty days thereby desiring a high price, he has renounced God and God has renounced him.” Razin transmitted it.

Mu‘adh told of hearing God’s Messenger say, “The man who withholds goods is evil. If God lowers prices he is grieved, and if He raises them he is happy.” Baihaqi transmitted it in Shu'ab al-lman and Razin in his book.

Abu Umama reported God’s Messenger as saying, “If anyone hoards grain for forty days and then gives it in sadaqa, that will not act as an atonement for him.” Razin transmitted it.

Abu Huraira reported God’s Messenger as saying, “If anyone becomes insolvent and a creditor finds his very property with him, he is more entitled to it than anyone else.” (Bukhari and Muslim.)

Abu Sa'id said that in the time of the Prophet a man suffered loss affecting fruits he had bought and owed a large debt, so God’s messenger told the people to give him sadaqa and they did so, but as that was not enough to pay the debt in full God’s Messenger said to his creditors, “Take what you can find, but that is all you may have.” Muslim transmitted it.

Abu Huraira said that the Prophet told of a man who used to make loans and say to his servant, “When you come to one who is in straitened circumstances forgive him, for perhaps God may forgive us.” He said that when he met God He forgave him. (Bukhari and Muslim.)

Abu Qatada reported God's Messenger as saying, “If anyone would like God to save him from the anxieties of the day of resurrection, he should grant a respite to one who is in straitened circumstances, or remit his debt.” Muslim transmitted it.

He told of hearing God’s Messenger say, “He who grants a respite to one who is in straitened circumstances or who remits his debt will be saved by God from the anxieties of the day of resurrection.” Muslim transmitted it.

Abul Yasar told of hearing God’s Messenger say, “He who grants a respite to one who is in straitened circumstances or remits his debt will be taken by God under His protection.” Muslim transmitted it.

God’s Messenger borrowed a young camel, and when the camels of the sadaqa came to him he ordered me to pay the man his young camel. When I told him that I could find only an excellent camel in its seventh year he said, “Give it to him, for the best person is he who discharges his debt in the best manner." Muslim transmitted it.

Abu Huraira told that a man demanded payment of a debt from God's Messenger in a most uncivil manner and his companions were vexed, but he said, “Leave him alone, for one who has a right is entitled to speak, and buy him a camel and give it to him." When they told him that all they could find was one of a more excellent age than the man was entitled to, he said, “Buy it and give him it, for the best person among you is he who discharges his debt in the best manner." (Bukhari and Muslim.)

He reported God's Messenger as saying, “Delay in payment by a rich man is injustice, but when one of you is referred for payment to a wealthy* man he should accept the reference." (Bukhari and Muslim.) *Mali'. This word is used of a wealthy man, and also of one who cannot be called wealthy but who is careful to pay his debts.

Ka'b b. Malik said that in the time of God’s Messenger he made demand in the mosque for payment of a debt due to him from Ibn Abu Hadrad and their voices rose till God’s Messenger, who was in his house, heard them. He went out to them and removing the curtain of his chamber called to Ka'b b. Malik addressing him by name. He replied, “At your service, Messenger of God", whereupon he made a gesture with his hand indicating that he should remit half the debt due to him, and when Ka'b expressed his willingness he told the other to get up and discharge his debt. (Bukhari and Muslim.)

While we were sitting with the Prophet a bier was brought along and the Prophet was asked to pray over it. He asked whether the dead man owed anything and when he was told that he did not he prayed over it. Another bier was brought along later, and when he asked whether the dead man owed anything and was told that he did, he asked whether he had left anything. On being told that he had left three dinars he prayed over the bier. A third was brought along later, and when he asked whether the dead man owed anything and was told that he owed three dinars, he asked whether he had left anything. On being told that he had not, he ordered them to pray over their friend; but when Abu Qatada said, “Pray over him, Messenger of God, and I shall be responsible for his debt,” he prayed over him. Bukhari transmitted it.

Abu Huraira reported the Prophet as saying, “If anyone accepts other people’s belongings meaning to pay back, God will pay back for him; but if anyone accepts them meaning to squander them, God will on that account destroy his property.” Bukhari transmitted it.

Abu Qatada told of a man saying, “Tell me, Messenger of God, if I am killed in God’s path showing endurance, seeking my reward from God, advancing and not retreating, will God efface my sins?” He replied, “Yes,” but when the man turned away he called him and said, “Yes, with the exception of a debt. Thus Gabriel said.” Muslim transmitted it.

‘Abdallah b. ‘Amr reported God’s Messenger as saying, “Every fault but a debt will be forgiven to a martyr.” Muslim transmitted it.

A man who had died in debt would be brought to God’s Messenger and he would ask whether he had left any-thing to discharge his debt. If he was told ^that he had left enough he would pray, otherwise he would tell the Muslims to pray over their friend. But when God wrought the conquests at his hands he stood up and said, “I am closer to the believers than their own selves (Al-Qur’an 33:6), so if any of the believers dies leaving a debt I shall be responsible for paying it, and if anyone leaves property it goes to his heirs.” (Bukhari and Muslim.)