Mishkat al-Masabih

Sa'id b. Huraith told of hearing God’s Messenger say, “If any of you sells a house or real estate it is right that he should not have a blessing unless he spends what he gets on something similar.” Ibn Majah and Darimi transmitted it.

Jabir reported God’s Messenger as saying, “The neighbour is most entitled to the right of option and its exercise should be waited for even if he is absent, when the two properties have one road.” Ahmad, Tirmidhi, Abu Dawud, Ibn Majah and Darimi transmitted it.

Ibn ‘Abbas reported the Prophet as saying, "The partner has first right to buy neighbouring property and the option to buy applies to everything.” Tirmidhi transmitted it, saying it has been transmitted on the authority of Ibn Abu Mulaika who quoted the Prophet in mursal form, and it is sounder.

‘Abdallah b. Hubaish reported God's Messenger as saying, ‘‘If anyone cuts down a lote tree, God will lower his head in hell.” Abu Dawud transmitted it, saying this is an abbreviated tradition meaning that if anyone wrongfully, unjustly and with no benefit to him from it cuts down in a desert a lote tree under which travellers and animals seek shade, God will lower his head in hell.

‘Uthman b. ‘Affan said that when boundaries have been set up in land there is no option to buy neighbouring property, and that the option does not apply to a well or to male palm-trees. Malik transmitted it.

‘ Abdallah b. Umar said that God’s Messenger handed over to the Jews of Khaibar the palm-trees and the land of Khaibar on condition that they should employ what belonged to them in working on them and that he should have half the produce. Muslim transmitted it. In Bukhari's version, it says that God’s Messenger gave Khaibar to the Jews to work and cultivate, in return for which they would get half of what it produced.

We used to employ people to till land for a share of its produce* and see no harm in it till Rafi' b. Khadij asserted that the Prophet forbade it, so we abandoned it on that account. Muslim transmitted it. * Mukhabir. From this comes the verbal noun mukhabara. See p. 607.

Hanzala b. Qais quoted Rafi‘ b. Khadij to the effect that his two paternal uncles told him they used to let out land in the time of the Prophet for what grew by the streamlets, or for something the owner of the land set aside, but the Prophet forbade them to do that. He asked Rafi’ how the matter would stand if payment were made in dirhams and dinars and he replied that there would be no harm in that. It seemed that what was prohibited was such as people versed in what is allowed and what is prohibited would not permit if they looked into it, because of the risk involved*. * The objection to such an agreement is that one cannot guarantee beforehand what a particular piece of land will produce. (Bukhari and Muslim.)

We had most agricultural land in Medina, and a man would let out his land on condition that he should have what was produced in one portion and the man to whom it was let out should have what was produced in another; but sometimes one portion produced a crop while the other did not, so the Prophet forbade them to do that. (Bukhari and Muslim.)

‘Amr said that he expressed a wish to Ta’us that he would abandon the practice of employing people on land in return for part of the pro-duce, for people asserted that the Prophet had forbidden it. He replied to ‘Amr that he was just giving them something and helping them, adding that the most learned of the people, meaning Ibn ‘Abbas, had informed him that the Prophet did not forbid it, but said, “It is better for one of you to lend to his brother than to take a prescribed sum from him." (Bukhari and Muslim.)

Jabir reported God’s Messenger as saying, “If anyone has land he should cultivate it, or lend it to his brother; but if he refuses he should retain his land.” (Bukhari and Muslim.)

Abu Umama on seeing a ploughshare and some agricultural instruments told that he had heard the Prophet say, “This will not enter any people’s house without God causing ignominy to enter it*.” Bukhari transmitted it. *This tradition says that agriculture is a less noble occupation than jihad.

Rafi‘ b. Khadij reported the Prophet as saying, “If anyone sows in other people’s land without their permission he has no right to any of the crop, but he may have what it cost him.” Tirmidhi and Abu Dawud transmitted it, Tirmidhi saying this is a gharib tradition.

Qais b. Muslim told that Abu Ja'far said there was not a family of the Emigrants who did not cultivate ground for a third and a quarter of the produce, and ‘Ali, Sa‘d b. Malik, ‘Abdallah b. Mas'ud, ‘Umar b. ‘Abd al-Aziz, al-Qasim, ‘Urwa, the family of Abu Bakr, the family of ‘Umar, the family of ‘Ali, and Ibn Sirin made contracts for part of the produce in return for working land. ‘Abd ar-Rahman b. al- Aswad said that he partnered 'Abd ar-Rahman b. Yazid in cultivation, and ‘Umar employed people on condition that if he provided the seed he should have half the crop, and if they provided the seed they should have such and such. Bukhari transmitted it.

‘Abdallah b. Mughaffal told that Thabit b. ad-Dahhak asserted that God’s Messenger forbade employing people on land for a share of the produce and ordered that they should be employed for a wage, saying there was no harm in it. Muslim transmitted it.

Ibn ‘Abbas said the Prophet had himself cupped and gave the cupper his pay; and he poured medicine into his nose. (Bukhari and Muslim.)

Abu Huraira reported the Prophet as saying, “God has not sent a prophet who did not work as a shepherd.” His companions asked whether this was also true of him and he replied, “Yes, I used to be a shepherd for the people of Mecca for a payment of some qirats.” Bukhari transmitted it.

a man who gave a promise in my name then acted faithlessly; a man who sold a free man and enjoyed the price he received for him; and a man who hired a servant and, after receiving full service from him, did not give him his wages.” Bukhari transmitted it.

Ibn 'Abbas said some of the Prophet's companions passed a watering-place where there was one who had been stung by a scorpion or bitten by a snake. One of the inhabitants of the watering-place accosted them and asked whether anyone among them could apply a charm, for at the watering-place there was a man who had been stung by a scorpion or bitten by a snake. One of them went and recited Fatihat al-Kitab in return for some sheep, and he was cured; but when he brought the sheep to his companions they disapproved of that saying, “You have taken payment for God’s Book.” When they came to Medina and told God’s Messenger that he had taken payment for God's Book, he replied, “The most worthy thing for which you have taken payment is God’s Book." Bukhari transmitted it. In a version he said, “You have done right. Divide them and give me a share along with you."

We came to a clan of the Arabs after leaving God's Messenger and they said, “We have been told that you have brought what is good from this man. Have you any medicine, or a charm, for we have a lunatic in chains?" When we replied that we had, they brought a lunatic in chains and I recited Fatihat al-Kitab over him three days morning and evening, collecting my saliva and then spitting it out, and he seemed as if he were set free from a bond. They gave me some payment, but I refused to accept it till I had asked the Prophet. When I did so he said, “Accept it*, for by my life, some accept it for a worthless charm, but you have done so for a genuine one." Ahmad and Abu Dawud transmitted it. * Literally "eat”.

‘Abdallah b. ‘Umar reported God’s Messenger as saying, “Give the hireling his wages before his sweat dries." Ibn Majah transmitted it.

Al-Husain b. ‘Ali reported God’s Messenger as saying, “The beggar has a right, even if he comes on a horse*." *This tradition means that one must not accuse a beggar of making false pretenses of being in need, even when circumstances suggest that that is so. Ahmad and Abu Dawud transmitted it. In al-Masabih it is given in mursal form.

‘Utba b. al-Mundhir said that once when they were with God’s Messenger he recited Ta’ Sin Mim (Al-Qur’an 28. The passage about Moses hiring himself is verses 26 to 28) till he came to the story of Moses and said, “Moses hired himself for eight or ten years in return for preserving his chastity and receiving his food." Ahmad and Ibn Majah transmitted it.

‘Ubada b. as-Samit told that he said, “Messenger of God, one of those whom I have been teaching the Book and the Qur’an has presented me with a bow, and as it cannot be reckoned property may I shoot with it in God's path?" He replied, “If you want to have a necklace of fire put on you, accept it." Abu Dawud and Ibn Majah transmitted it.

‘A’isha reported the Prophet as saying, “He who develops land which has no owner has the best right to it.” ‘Urwa said that ‘Umar gave decision accordingly during his caliphate. Bukhari transmitted it.

Ibn ‘Abbas said that as-Sa‘b b. Jath’thama told of hearing God’s Messenger say, “There is no preserve except what belongs to God and His Messenger.” Bukhari transmitted it.

‘Urwa said az-Zubair had a dispute with one of the Ansar about streamlets in the lava plain, and the Prophet said, “Water your ground, Zubair, then let the water run to your neighbour.” The Ansari said, “It is because he is your cousin.” Thereupon his face changed colour and he said, “Water your ground, Zubair, then keep back the water till it returns to the embankment, and afterwards let it run to your neighbour.” So the Prophet paid regard to az-Zubair’s right by the clear decision when the Ansari made him angry and he had given them advice which would have made matters easy for both of them. (Bukhari and Muslim.)

Abu Huraira reported God’s Messenger as saying, “Do not withhold excess water to prevent thereby extra herbage growing.” (Bukhari and Muslim.)

a man who swears falsely about some merchandise that he has previously received a larger offer than he has now been given; a man who swears a false oath after the afternoon prayer to deprive thereby a Muslim of his property; and a man who withholds excess water. God will say, ‘Today I am withholding from you my grace*as you withheld excess water which was not produced by the efforts of your hands’." (Bukhari and Muslim.) *The word for grace (fadl) is the same as the word for excess.

Al-Hasan said that Samura reported the Prophet as saying, “If anyone puts a wall round land*, it belongs to him.” Abu Dawud transmitted it. * Mirqat, iii, 369 says the reference is to barren land.

Asma' daughter of Abu Bakr said that God’s Messenger assigned some palm-trees to az-Zubair. Abu Dawud transmitted it.

Ibn ‘Umar said that the Prophet assigned to az-Zubair the land his horse could cover at a run. He made his horse run, and when it stopped he threw his whip. He then said, “Give it to him up to the spot his whip has reached.” Abu Dawud transmitted it.

‘Alqama b. Wa’il reported his father as saying that the Prophet assigned him land in Hadramaut, sending Mu'awiya with him and telling him to give it to him. Tirmidhi and Darimi transmitted it.

Abyad b. Hammal al-Ma’ribi said that he came to God’s Messenger and asked him to assign him the salt which was in Ma’rib*, which he did. When he turned away a man said, “Messenger of God, you have assigned him the perennial spring water,” so he took it back from him. He asked for the land which had arak trees (Thorny trees on which camels feed) growing in it, and he said he could have such as was beyond the region to which camels went. Tirmidhi, Ibn Majah and Darimi transmitted it. * This town was the capital of the Sabæans in the Yemen, famous for its dam.

water, herbage and fire.” Abu Dawud and Ibn Majah transmitted it.

Asmar b. Mudarris told that when he came and swore allegiance to the Prophet he said, “If anyone comes to water, no Muslim having come to it before him, it belongs to him.” Abu Dawud transmitted it.

Tawus, in mursal form, reported God's Messenger as saying, “If anyone cultivates barren land it belongs to him, but ancient property belongs to God and His Messenger and then comes to you from me.” Shafi‘i transmitted it.

Sharh as-sunna tells of the Prophet assigning to ‘Abdallah b. Mas'ud the open spaces in Medina between the dwellings and palm gardens of the Ansar, and when the B. 'Abd b. Zuhra said, “Remove from us the son of Umm ‘Abd,” (His mother was Umm 'Abd daughter of al-Harith b. Zuhra b. Kitab) replying, “Why then did God send me? God does not bless a people among whom a weak man is not given his right.” Sharh as-sunna

‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that God’s Messenger decided regarding the stream al-Mahzur* that its water should be held back till it reached the ankles and that the upper waters should then be allowed to flow to the lower. Abu Dawud and Ibn Majah transmitted it. * Taj al-'arus quotes Ibn al-Athir as saying this was the wadi of the B. Quraizah, and that water flowed in it only when rain fell.

Samura b. Jundub told that he had a row of palm-trees in the garden of a man of the Ansar who had his family with him. Samura used to go in, and as the Ansari was annoyed by this he went and mentioned the matter to the Prophet. He asked him to sell it (. i.e. he asked Samura to sell his row of palm-trees), but he refused, so he asked him to take something else in exchange, but he refused. He then said, “Give it to him and you can have such and such,” mentioning something with which he tried to please him, but he refused. He therefore told him he was a nuisance and told the Ansari to go and cut down his palm-trees. Abu Dawud transmitted it.

‘A’isha said she asked God's Messenger what the thing was which it was unlawful to refuse and he replied that it was water, salt and fire. She said, “Messenger of God, we know about water, but what is the significance of salt and fire?” He replied, “Little rosy one, he who gives fire is as though he had given sadaqa of all that that fire cooked ; he who gives salt is as though he had given sadaqa of all that that salt freshened ; he who gives a Muslim a drink of water where water is found is as though he had set free a slave; and he who gives a Muslim a drink of water where water is not found is as though he had given him life.” Ibn Majah transmitted it.

Ibn ‘Umar told that when ‘Umar got some land in Khaibar he went it to the Prophet and said, “Messenger of God, I have acquired land in Khaibar which I consider to be more valuable than any I have ever | acquired, so what do you command me to do with it?” He replied, “If you wish you may make the property an inalienable possession and give { its produce as sadaqa ” So ‘Umar gave it as sadaqa declaring that the property must not be sold, given away, or inherited, and he gave its produce as sadaqa to be devoted to the poor, relatives, the emancipation j of slaves, God’s path, travellers and guests, no sin being committed by the one who administers it if he eats something from it in a reasonable b manner or gives something to someone else to eat*, provided he is not storing up goods . Ibn Sirin said, “Provided he is not acquiring capital for himself.” * This is a literal translation. It is used of him getting a reasonable return for his services, i | both for himself and for his family. (Bukhari and Muslim.)

Abu Huraira reported the Prophet as saying, “Life-tenancy of a house is a gift.” (Bukhari and Muslim.)

is part of the inheritance of those who receive it.” Muslim transmitted it.

He reported God’s Messenger as saying, “If anyone has property [[given him for the use of himself and his descendants it belongs to the one to whom it is given and does not return to the one who gave it because he gave a gift which may be inherited.” (Bukhari and Muslim.)

He said that the life-tenancy which God’s Messenger allowed was (only that one should say, “It is for you and your descendants.” When he says, “It is yours as long as you live,” it returns to its owner. (Bukhari and Muslim.)

Jabir reported the Prophet as saying, “Do not give property to go to the survivor* and do not give life-tenancy, for if anyone is given either the property goes to his heirs." *This is said to be objectionable, as it may lead to the men hoping the other will die first. Abu Dawud transmitted it.

He reported the Prophet as saying, “Both life-tenancy and giving property which goes to the survivor are a gift which belongs to those who receive it." Ahmad, Tirmidhi and Abu Dawud transmitted it.

Jabir reported God’s Messenger as saying, “Keep your properties for yourselves and do not squander them, for if anyone gives a life- tenancy it goes to the one to whom it is given, both during his life and after his death, and to his descendants." Muslim transmitted it.

Abu Huraira reported God’s Messenger as saying, "If anyone is offered basil he must not reject it, for it is light to carry and has a sweet scent.” Muslim transmitted it.