Mishkat al-Masabih

We went to Abu Huraira regarding a friend of ours who was insolvent and he said, “This is what God’s Messenger decided about him. If any one dies or is insolvent, the owner of the goods has most right to them if he finds his actual goods.” Shafi'i and Ibn Majah transmitted it.

Abu Huraira reported God’s Messenger as saying, “A believer’s soul is attached to his debt till it is paid.” Shafi‘i, Ahmad, Tirmidhi, Ibn Majah and Darimi transmitted it.

Al-Bara’ b. ‘Azib reported God's Messenger as saying, "A debtor is bound to his debt and will complain to his Lord of loneliness on the day of resurrection.” It is transmitted in Sharh as-sunna. A mursal tradition is transmitted to the effect that Mu'adh was in debt and his creditors went to the Prophet who sold all his property to pay his debt, with the result that Mu'adh had nothing left. This is the wording in al-Masabih, but the only source in which I have found it is al-Muntaqa.

‘Abd ar-Rahman b. Ka’b b. Malik said that Mu'adh b. Jabal was a generous young man who could save nothing and was always borrowing, so that he expended all his property on his debts. He went to the Prophet and asked him to speak to his creditors, and if they would have remitted debts to anyone they would have done it to Mu'adh for God’s Messenger’s sake, but God’s Messenger sold them his property with the result that Mu'adh had nothing left. Sa'id transmitted it in his Sunan in mursal form.

Ash-Sharid reported God’s Messenger as saying, ‘‘Delay in payment on the part of one who possesses the means makes it lawful to dishonour and punish him.” Ibn al-Mubarak said that “dishonour” means he may be spoken to roughly and “punish” means he may be imprisoned for it. Abu Dawud and Nasa’i transmitted it.

Abu Sa'id al-Khudrl said that a corpse was brought to the Prophet on a bier for him to pray over it and he asked the people whether their friend owed anything. On being told that he did, he asked whether he had left anything to discharge it, and when they replied that he had not, he told them to pray over him. But ‘Ali b. Abu Talib said, “I shall be responsible for his debt, Messenger of God,” so he went forward and prayed over him. A version has something to the same effect, adding that he said, “May God redeem your pledges from hell as you have redeemed the pledges of your brother Muslim! No Muslim will discharge his brother’s debt without God redeeming his pledges on the day of resurrection.” It is transmitted in Sharh as- sunna.

Thauban reported God’s Messenger as saying, “If anyone dies free from pride, unfaithfulness regarding spoil, and debt, he will enter paradise.” Tirmidhi, Ibn Majah and Darimi transmitted it.

Abu Musa reported the Prophet as saying, “The greatest sin in God's sight, after the serious sins which God has prohibited, which a man can bring into His presence is that he should die in debt without leaving enough to discharge it.” Ahmad and Abu Dawud transmitted it.

‘Amr b. ‘Auf al-Muzani reported the Prophet as saying, “Reconciliation is allowable between Muslims except such as makes unlawful something which is lawful, or makes lawful something which is unlawful ; and Muslims must keep to the conditions they have made, except for a condition which makes unlawful something which is lawful, or makes lawful something which is unlawful.” Tirmidhi, Ibn Majah and Abu Dawud transmitted it, but Abu Dawud's transmission ended at “the conditions they have made.”

Makhrafa al-‘Abdi and I imported some garments from Hajar* and brought them to Mecca. God’s Messenger came to us walking and after he had bargained with us for some trousers we sold them to him. God’s Messenger then said to a man there who was weighing out for pay, “Weigh out and give overweight.” *A name applied to the whole district of al-Bahrain. Ahmad, Abu Dawud, Tirmidhi, Ibn Majah and Darimi transmitted it, Tirmidhi saying this is a hasan sahih tradition.

Jabir said the Prophet owed him a debt and gave him something extra when he paid it. Abu Dawud transmitted it.

‘Abdallah b. Abu Rabi'a said the Prophet borrowed forty thousand* from him, and when revenue came in he paid it to him saying, “God most high bless your family and your property! The only reward for a loan is commendation and repayment.” *The text mentions the number. It probably means dirhams. Nasa’i transmitted it.

'Imran b. Husain reported God’s Messenger as saying, “When anyone has something due to him from another he will be credited with sadaqa for every day he allows the other to postpone payment.” Ahmad transmitted it.

My brother died leaving three hundred dinars and some young children, and I wanted to use them for their maintenance, but God’s Messenger said to me, “Your brother is im-prisoned by his debt, so pay it on his behalf.” I went and did so, and returned to tell God’s Messenger that I had done it and that there remained only a woman who claimed two dinars but had no proof she could show. He replied, “Give them to her, for she is speaking the truth.” Ahmad transmitted it.

When we were sitting in the courtyard of the mosque where the biers were laid down and God’s Messenger was sitting in the midst of us, he raised his eyes to the sky and looked, then lowering his eyes and putting his hand on his forehead he said, “Glory be to God, Glory be to God! What severity has come down!” We said nothing all day and night and experienced nothing but good till the morning. Then I asked God’s Messenger what the severity was which had come down, and he replied, “It has to do with debts. By Him in whose hand Muhammad’s soul is, if a man were to be killed in God’s path then come to life, be killed again in God’s path then come to life, and be killed once more in God’s path then come to life owing a debt, he would not enter paradise till his debt was paid.” Ahmad transmitted it, and there is something to the same effect in Sharh as-sunna.

Zuhra b. Ma'bad said his grandfather 'Abdallah b. Hisham would take him out to the market and buy grain, and Ibn ‘Umar and Ibn az- Zubair would meet him and say to him, “Take us into partnership, for the Prophet has invoked a blessing on you then he would take them into partnership. He would often make a profit of a camel-load* and send it to the house. ‘Abdallah b. Hisham had been taken by his mother to the Prophet who passed his hand over his head and invoked a blessing on him. Bukhari transmitted it. * Another explanation is that this means he made enough profit to buy a camel with its load' Cf. Mirqat, iii, 344.

Abu Huraira told that the Ansar asked the Prophet to divide the palm-trees between them and their brethren, but he replied, “No; save us the trouble of maintenance and we shall share the fruit with you.” They said, “We hear and we obey." Bukhari transmitted it.

‘Urwa b. Abul Ja‘d al-Bariqi said that God’s Messenger gave him a dinar to buy a sheep for him. He bought two sheep for him, sold one of them for a dinar and brought him a sheep and dinar. So God’s Messenger invoked a blessing on him in his business dealings, and he was such that if he had bought dust he would have made a profit from it. Bukhari transmitted it.

Abu Huraira traced to the Prophet the statement that God who is great and glorious says, “I make a third with two partners as long as one of them does not cheat the other, but when he cheats him I depart from them." Abu Dawud transmitted it and Razin added, “and the devil comes."

He reported the Prophet as saying, “Place trust in him who trusts you, but do not cheat him who cheats you.” Tirmidhi, Abu Dawud and Darimi transmitted it.

Jabir said he intended to go to Khaibar, so he went to the Prophet, gave him a salutation and told him of his purpose. He replied, “When you come to my agent take fifteen camel-loads from him, and if he desires a sign from you put your hand on his collar-bone*”. *This was evidently a pre-arranged sign to show that the Messenger was genuine. Abu Dawud transmitted it.

A business transaction with a time specified, muqarada* and mixing wheat and barley for one’s household but not for sale.” Ibn Majah transmitted it. * Giving someone some property to trade with, the profit being shared between the two, but any loss falling on the property.

Hakim b. Hizam said God's Messenger sent him with a dinar to buy a sacrificial animal for him. He bought a sheep for a dinar, sold it for two, came back, bought a sacrificial animal for a dinar, and brought it along with the extra dinar which he had gained. God’s Messenger gave the dinar as sadaqa and asked a blessing on him in his trading. Tirmidhi and Abu Dawud transmitted it.

Sa'id b. Zaid reported God’s Messenger as saying, “If anyone takes a span of land unjustly, its extent taken from seven earths will be tied round his neck on the day of resurrection.” (Bukhari and Muslim.)

Ibn ‘Umar reported God’s Messenger as saying, “No one must milk a man’s animal without his permission. Would any of you like his upper chamber to be entered, his treasury broken into, and his food taken away? The udders of their animals store up their food for them.” Muslim transmitted it.

Anas said that when the Prophet was with one of his wives one of the mothers of the faithful sent a bowl containing food and the one in whose house he was struck the servant’s hand with the result that the bowl fell and was broken in pieces. The Prophet collected the pieces of the bowl, then began to collect in it the food it had contained, saying, “Your mother is jealous.” He then detained the servant till a bowl was produced by the one in whose house he was, gave the sound bowl to the one whose bowl had been broken and kept the broken one in the house of the one who broke it. Bukhari transmitted it.

‘Abdallah b. Yazid said that the Prophet forbade spoliation1 and mutilation2. Bukhari transmitted it. 1. Either taking some of the spoil in battle before the division of the booty has been made, or appropriating anything belonging to a Muslim. 2. The reference here may simply be to cutting off certain parts of animals, but it can apply to human beings as well.

Jabir said that in the time of God’s Messenger there was a solar eclipse on the day his son Ibrahim died, and he led the people in a prayer of six rak'as with four sajdas, finishing when the sun came out of the eclipse. He then said, “There is nothing you have been promised which I have not seen during this prayer of mine. Hell was brought, and that was when you saw me draw back from fear that some of its heat might strike me. I saw in it, dragging his entrails in hell, the owner of the crooked stick who used to steal from pilgrims with his crooked stick saying, if it was noticed, that the article had accidentally attached itself to the stick, but going off with it if it was not noticed. I also saw the woman who possessed a cat which she tied up and did not feed or allow it to go and eat of the creeping things on the ground with the result that it died of hunger. Then paradise was brought, and that was when you saw me go forward and stand in my place and stretch out my hand meaning to take some of its fruit that you might look at it; but I thought it better not to do so.” Muslim transmitted it.

Qatada told of hearing Anas say that when there was an alarm in Medina the Prophet borrowed from Abu Talha a horse called al-Mandub which he rode. When he returned he said, “I did not see anything, and I found that the horse could run as speedily as a great river.” (Bukhari and Muslim.)

Sa'id b. Zaid reported the Prophet as saying, “If anyone makes barren land fertile it belongs to him, but no right pertains to one who plants wrongfully in land another has brought into cultivation*”. Ahmad, Tirmidhi and Abu Dawud transmitted it, and Malik transmitted it in mursal form on the authority of ‘Urwa. Tirmidhi said this is a hasan gharib tradition. *'Irq zalim, the literal translation would be “a wrongful root.” The translation given above represents the general sense of the phrase.

Abu Hurra ar-Raqashi on his paternal uncle’s authority reported God’s Messenger as saying, “You must not act oppressively, and a man’s property may not be taken except with his goodwill.” Baihaqi transmitted it in Shu'ab al-iman and Daraqutni in al-Mujtaba.

‘Imran b. Husain reported the Prophet as saying, “Having someone to urge on a horse from behind in a race, having a horse beside the one that is being ridden in a race to which the rider may transfer1, and giving a woman in marriage in return for another without dowry2 are not allowed in Islam, and he who plunders does not belong to us.” Tirmidhi transmitted it. 1. Ia jalaba wala janaba. One meaning of the phrase is that expressed in the translation, and is most likely to be the one intended here. Another meaning is that a collector of zakat must notdem and that animals be brought to him from a distance, and people must not remove their animals to a distance when they hear that the zakat collector is coming to them. Cf. p. 375. 2. Shighar.

As-Sa’ib b. Yazid on his father’s authority reported the Prophet as saying, “None of you must take his brother’s staff jestingly with the intention of causing annoyance. Anyone who takes his brother’s staff must return it to him.” Tirmidhi and Abu Dawud transmitted it, the latter’s version ending at “causing annoyance.”

Samura reported the Prophet as saying, “If anyone finds his actual property with someone he has most right to it, and the buyer must sue the one who made the sale.” Ahmad, Abu Dawud and Nasa’i transmitted it.

He reported the Prophet as saying, “The hand which takes is responsible till it pays.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

Haram b; Sa‘d b. Muhayyisa said that when a she-camel belonging to al-Bara’ b. ‘Azib entered a garden and did damage, God’s Messenger gave decision that the owners of gardens are responsible for guarding them by day, but that any damage done by animals during the night is a responsibility lying on their owners. Malik, Abu Dawud and Ibn Majah transmitted it.

Abu Huraira reported the Prophet as saying that no recompense may be demanded if a foot is trodden on*, and that the same applies in the case of fire. Abu Dawud transmitted it. * Or it may mean that no recompense may be demanded if one is kicked by an animal.

Al-Hasan on Samura’s authority reported the Prophet as saying, “When any of you comes upon animals whose owner is among them he must ask his permission; if not he must call three times and if anyone answers him he must ask his permission; but if no one answers him he may draw some milk and drink, but not carry any away.” Abu Dawud transmitted it.

Ibn ‘Umar reported the Prophet as saying, “If anyone enters a garden he may eat, but he must not take anything away in his clothing.” Tirmidhi and Ibn Majah transmitted it, Tirmidhi saying this is a gharib tradition.

Umayya b. Safwan quoted his father as saying that at the battle of Hunain the Prophet borrowed his coats of mail and he asked, “Are you taking them by force, Muhammad ?” to which he replied, “No, it is a loan with a guarantee of their return.'’ Abu Dawud transmitted it.

Abu Umama told of hearing God's Messenger say, “A loan must be paid back, a minha* must be returned, a debt must be discharged, and one who stands surety is held responsible.” Tirmidhi and Abu Dawud transmitted it. *This may be a she camel lent for a time for milking, but it can be used of other things which are lent for some specific purpose.

When I was a boy I used to throw stones at the palm-trees belonging to the Ansar and was brought to the Prophet. He asked, “Why do you throw stones at the palm-trees, boy?” and when I replied that it was to get something to eat he said, “Do not' throw stones, but you may eat anything that falls below them.” Then passing his hand over my head he said, “O God, fill his belly.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

Salim reported on his father's authority that God’s Messenger said, "If anyone takes any land without having a right he will be swallowed up seven earths deep on the day of resurrection.” Bukhari transmitted it.

Ya'la b. Murra told of hearing God’s Messenger say, “If anyone seizes land to which he has no right he will be made to carry its earth at the resurrection.” Ahmad transmitted it.

He told of hearing God’s Messenger say, “If anyone wrongly takes a span of land God who is great and glorious will make him dig it till he gets to the end of seven earths, and then he will have it tied round his neck till the day of resurrection until men are judged.” Ahmad transmitted it.

Jabir said the Prophet decreed the right to buy neighbouring property applicable to everything which is not divided, but when boundaries were fixed and separate roads made there was no option. Bukhari transmitted it.

He said that God’s Messenger decreed the right of option regarding everything which is shared, whether a dwelling or a garden, when it had not been divided. It is not lawful to sell before informing one’s partner who may take it or let it go as he wishes ; but if he sells without informing him, he has the greatest right to it. Muslim transmitted it.

Abu Rafi ‘reported God’s Messenger as saying, “The neighbour has the best claim by reason of his being near.” Bukhari transmitted it.

Abu Huraira reported God’s Messenger as saying, “One must not prevent his neighbour from fixing a beam in his wall.” (Bukhari and Muslim.)

He reported God’s Messenger as saying, “When you disagree about a road its breadth should be made seven cubits.” Muslim transmitted it.