Selections from Muḥammadan Traditions/Chapter 12
XII
THE BOOK OF BUYING AND SELLING
On Earning and Seeking What is Lawful
It is related from Al Miqdám bin Maʿdíkarib that, 'The Apostle of God said, "No one can ever eat better food than that he eat of the work of his own hands. Verily God's Prophet, David, used to eat of the work of his hands."'—Al Bukhárí.
It is related from Abú Hurairah that, 'The Apostle of God said, "A time will come to man when a person will not care whether what he takes be lawful or unlawful."'—Al Bukhárí.
It is related from Abú Juḥaifah that, 'The Prophet forbade the price of blood and the price of a dog and the hire of an adulteress. And he cursed the taker of interest and the giver of it, and the woman who tattoes the skin and the woman who is tattoed, and the painter.'—Al Bukhárí.
It is related from Jábir that in the year of the conquest of Mecca, when the Prophet was in Mecca, he heard him say, 'Verily God and His Apostle have made unlawful the selling of wine, and that which dies of itself and swine and idols.' Then it was said, 'O Apostle of God, inform us with regard to the fat of what dies of itself, for verily boats are smeared with it and leather is greased with it, and men light their lamps by it.' He replied, 'No! it is unlawful.' Then he said at that time, 'May God destroy the Jews! Verily when God made unlawful their fat they congealed it and afterwards sold it and ate its price.'—Muslim, Al Bukhárí.
It is related from Anas that, 'The Apostle of God cursed ten people in connexion with wine: the one who presses it out of the grapes for others, the one who presses it out for himself, the one who drinks it, the one who carries it, the one to whom it is carried, the one who serves it, the one who sells it, the one who takes its price, the one who buys it, and the one for whom it is bought.'—At Tirmidhí, Ibn Májah.
It is related from Abú Umámah that, 'The Apostle of God said, "Do not sell singing slave-girls, nor buy them, and do not teach them; and their price is unlawful." And in (a tradition) similar to this it runs, "And, amongst men, the one who sells amusing stories."'—Aḥmad, Tirmidhí, Ibn Májah.
It is related from ʿAbduʾlláh bin Maʿsúd that, 'The Apostle of God said, "It is an obligatory duty to seek to earn a lawful livelihood after (performing) one's religious duties."'—Al Baihaqi.
It is related from Ibn ʿAbbás that he was asked about taking remuneration for writing the Qurʾán. He replied, 'There is no harm; they are only makers of pictures, and they only eat from the work of their hands.'—Razín.
It is related from Náfiʿ that he said, 'I used to send expeditions to Syria and to Egypt. Then I sent an expedition to ʿIráq. And I came to the Mother of the Faithful, ʿÁyesha, and said to her, "O Mother of the Faithful, I used to send expeditions to Syria, and I have (now) sent an expedition to ʿIráq." She replied, "Do not do so. What is wrong with thee and thy merchandise? For verily I heard the Apostle of God say, 'When God provides a means of livelihood for any one of you in a certain way, then let him not give it up until it becomes impossible to him.'"'—Aḥmad, Ibn Májah.
It is related from ʿÁyesha that she said, 'Abú Bakr had a slave to whom he used to give a certain allowance of food; and Abú Bakr used to eat of his allowance. And he came on a certain day with some food and Abú Bakr ate of it. Then the slave said to him, "Dost thou know what this is?" Abú Bakr replied, "What is it?" He said, "In the times of ignorance I foretold the future for a man ; but I did not tell his fortune well, rather I deceived him. And he met me and gave me something ; and this is it of which thou hast eaten." (ʿÁyesha) said, "Then Abú Bakr put his finger down his throat, and vomited up everything that was in his stomach."'—Al Bukhárí.
On Gentleness in Mutual Behaviour
It is related from Ḥudaifah that, 'The Apostle of God said, "Verily there was a man of those who were before you: and the angel (of death) came to him to take his soul. And it was said to the man, 'Hast thou done any good thing?' He replied, 'I do not know.' It was said, 'Consider.' He replied, 'I do not know of anything, except that I used to buy and sell to men in the world, and I satisfied them. And I waited for the rich (to pay), and forgave those in straitened circumstances.' Then God took him into paradise."'—Muslim, Al Bukhárí. And in another tradition from Muslim, as received through ʿUqbah bin ʿÁmir and Abú Maʿsúduʾl-Anṣári, it runs, 'God said, "I am more worthy to do that (namely, forgive) than thou. (O angels), pass over my servant."
It is related from Abú Qatádah that, 'The Apostle of God said, "Beware of many oaths in buying and selling; for verily it causes goods to sell well, but afterwards it destroys."'—Muslim.
It is related from Abú Saʿíd that, 'The Apostle of God said, "The truthful and trustworthy merchant will be with the prophets and the just and the martyrs."'—At Tirmidhí, Al Dárimi.
On Option in Respect of Buying and Selling
It is related from Hakím bin Ḥizám that, 'The Apostle of God said, "The buyer and the seller have an option, so long as they do not separate. And if they speak the truth and explain (the defects) there is a blessing for them in their buying and selling; but if they conceal (defects) and lie, the blessing of their buying and selling is destroyed."'—Muslim, Al Bukhárí.
On Interest
It is related from Jábir that he said, 'The Apostle of God cursed the taker of interest and the giver of it, and the writer (of the bond) for it, and the witness to it; and he said, "They are all equal."'—Muslim.
It is related from Abú Saʿíduʾl-Khudri that, 'The Apostle of God said, "(Give) gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, salt for salt, like for like, from hand to hand. He who gives more and asks for more, has given and taken interest. The taker and the giver of it are alike."'—Muslim.
It is related from Abú Saʿíd and Abú Hurairah that the Apostle of God appointed a man over Khaibar. And he brought some janíb dates to him. The Prophet said, 'Are all the dates of Khaibar like this?' He replied, 'No, by God! O Apostle of God, we take one ṣáʿa (measure) of these for two ṣáʿas (of other dates), or two ṣáʿas for three.' He said, 'Do not do so; but sell the whole for money. After that buy janíb dates with money.' And he said, 'In weights it is the same.'—Muslim, Al Bukhárí.
It is related from Abú Saʿíd that he said, 'Bilál brought some barni dates to the Prophet. The Prophet said to him, "Whence are these?" He replied, "We had some bad dates, and I sold two ṣáʿa measures of them for one (of these good dates)." He said, "Ah! the very essence of interest! the very essence of interest! Do not do so; but when you wish to buy, then sell the dates by another transaction. After that buy with the proceeds."'—Muslim, Al Bukhárí.
It is related from Jábir that he said, 'A slave came and declared fealty to the Prophet, promising to emigrate to Madína; but the Prophet did not know that he was a slave. Then his master came, asking for him. And the Prophet said to him, "Sell him to me." And he bought him for two black slaves. And after him he never accepted the fealty of any one until he had asked him whether he was a slave or a free man.'—Muslim.
It is related from Abú Hurairah that, 'The Apostle of God said, "Certainly a time will come to men when not one will remain who will not take interest. And even if he does not take it, its smoke will reach him." And in another tradition it is said, "Its dust" will reach him.'—Aḥmad, Abú Dáud, An Nasái, Ibn Májah.
It is related from ʿAbduʾlláh bin Ḥanzalah that, 'The Apostle of God said, "One dirham of interest which a man takes, knowing it to be so, is more grievous than thirty six adulteries."'—Aḥmad.
It is related from Abú Hurairah that, 'The Apostle of God said, "Interest is composed of seventy parts, the least of which is that a man marry his own mother."
It is related from Ibn Maʿsúd that, 'The Apostle of God said, "Although interest brings increase, yet its end tends to scarcity."'—Ibn Májah.
It is related from Abú Hurairah that, 'The Apostle of God said, "On the night of my journey to heaven I came to a people whose bellies were like houses in which were snakes. These were seen from outside their bellies. Then I said, 'O Gabriel, who are these?' He replied, 'These are the takers of interest.'"'—Aḥmad, Ibn Májah.
It is related from ʿOmar binuʾl-Khaṭṭáb that, 'The last revelation which came down was the verse about interest; and verily the Apostle of God was taken without having explained it to us. Therefore abandon interest and all doubtful things.'—Ibn Májah, Al Dárimi.
It is related from Abú Burdah bin abi Músá that he said, 'I came to Madína, and I met ʿAbduʾlláh bin Salám. And he said, "Verily thou art in a land in which the taking of interest is prevalent. Therefore when thou hast a claim upon any man for debt, and he presents thee with a load of straw or a load of barley or a load of qatt grass; then do not take it, for verily it is interest."'—Al Bukhárí.
Concerning Sale
It is related from ʿAbduʾlláh bin ʿOmar that, 'The Apostle of God prohibited the sale of fruit until its good condition appeared evident. And he prohibited both the seller and the buyer.'—Muslim, Al Bukhárí. And in another tradition from Muslim it runs, 'He forbade the sale of dates until they blossomed, and the selling of corn until it became white and safe from blight.'
It is related from Ibn ʿOmar that, 'The Apostle of God said, "Whoever buys food must not re-sell it until he has got it into his full possession."'—Muslim, Al Bukhárí. And in another tradition from Ibn ʿAbbás it runs, 'Until he measures it.'
It is related from Wathila binuʾl-Asqaʿi that he said, 'I heard the Apostle of God say, "Whoever sells anything with a fault in it which he does not make known will remain hated of God, and the angels will continue to curse him."'—Ibn Májah.
It is related from Ibn ʿOmar that, 'The Apostle of God said, "Whoever buys a date tree after the pollen has appeared, its fruit belongs to the seller, unless the buyer makes a condition (to the contrary). And whoever buys a slave who possesses property, his property belongs to the seller, unless the buyer makes a condition (to the contrary)."'—Muslim.
It is related from 'Áyesha that she said, 'Barirah came and said, "Verily I have written (a bond to pay for my liberty) nine uqiyas, one in each year; therefore assist me." ʿÁyesha replied, "If thy masters desire, I will count it over to them in one counting and set thee free; but the right to inherit thy property must remain with me." Then Barirah went to her masters, but they refused, unless the right to inherit her property remained with them. Then the Apostle of God said, "Take her and set her free." Afterwards the Apostle of God stood up amongst the people and magnified God and praised Him. Then after that he said, "What will be the condition of those men who make stipulations which are not in the Book of God! Whatever stipulation is not in the Book of God is null and void, even though there be one hundred of them. And the commands of God are more worthy (to be obeyed), and the stipulations of God are more binding. And verily the right to inherit is only for the one who emancipates."'—Muslim, Al Bukhárí.
On Payment in Advance and Pledges
It is related from ʿÁyesha that she said, 'The Apostle of God bought some food from a certain Jew (to be paid for) in a certain time. And he pledged him his iron coat of mail.'—Muslim, Al Bukhárí.
It is related from ʿÁyesha that she said, 'The Apostle of God died, and his coat of mail remained in pledge with the Jew for thirty ṣáʾas of barley.'—Al Bukhárí.
It is related from Ibn ʿAbbás that, 'The Apostle of God said to the users of measures and weights, "Verily ye have been appointed over two matters in which the people who were before you were destroyed."'—At Tirmidhí.
On Monopolies
It is related from Maʿmar that, 'The Apostle of God said, "Whoever holds goods for excessive prices is a sinner."'—Muslim.
It is related from ʿOmar binuʾl-Khaṭṭáb that he said, 'I heard the Apostle of God say, "Whoever stores up the food of Muslims in order to obtain excessive prices, may God smite him with leprosy and bankruptcy."'—Ibn Májah.
On Bankruptcy and Delay (in Demanding Payment)
It is related from Abú Saʿíd that he said, 'A man in the time of the Prophet had a misfortune with some fruit which he had bought, and his debts increased. Then the Apostle of God said, "Give him alms." So the people gave him alms; but it did not reach the amount required to liquidate his debts. Then the Apostle of God said to his creditors, "Take what you get; for you will get nothing else beside that."'—Muslim.
It is related from Abú Hurairah that, 'The Prophet said, "There was a man who used to lend men money. And he was in the habit of saying to his young man, "When thou comest to one who is reduced to poverty, then forgive him. It may be that God will forgive us." (The Prophet) said, "That man met God, and he was forgiven."'—Muslim, Al Bukhárí.
It is related from Salamah binuʾl-Akwaʿ that he said, 'We were sitting near the Prophet when a bier was brought. And they said (to him), "Pray over it." He replied, " Has he any debts?" They said, 'No." Then he prayed over him. After that another bier was brought, and he said, "Has he any debts?" It was said, "Yes." He asked, "Has he left anything?" They replied, "Three dinars." Then he prayed over him. After that a third (bier) was brought. He asked, "Has he any debts?" They replied, "Three dinars." He said, "Has he left anything?" They replied, "No." He said, "Then you may pray over your friend." Abú Qatádah said, "O Apostle of God, pray over him, and I will be responsible for his debts." Then he prayed over him.'—Al Bukhárí.
It is related from Abú Qatádah that, 'A man said, "O Apostle of God, tell me, if I am killed in the way of God, being patient, hoping for rewards, facing (the enemy), and not turning my back to them, will God expiate my sins?" The Apostle of God replied, "Yes." Then when the man turned away, he called him and said, "Yes, except debt. Thus said Gabriel."'—Muslim.
It is related from Al Barái bin ʿÁzib that, 'The Apostle of God said, "A man who is in debt is a prisoner to his debt. He will complain to his Lord of loneliness on the day of resurrection."'—In Sḥarhu's-Sunnat. And it is related that Muáʾdh was in debt, and his creditors came to the Prophet. Then the Prophet sold everything which Muáʾdh possessed in satisfaction of his debts, until Muáʾdh stood without a thing.
It is related from Abú Músá that, 'The Prophet said, "Verily the greatest sin in the sight of God, after the mortal sins, is that a servant should meet Him with what God has forbidden, namely, that a man should die in debt, and leave nothing wherewith to redeem it."'—Aḥmad, Abú Dáud.
On Partnership and Agency
It is related from Zuhrah bin Maʿbad that his grandfather, ʿAbduʾlláh bin Ḥishám, used to take him out to the bazar and buy food. And Ibn ʿOmar and Ibn Zubair met him and said to him, "Take us into partnership, for verily the Prophet prayed for a blessing for thee." Then he took them into partnership. And it sometimes happened that he gained a camel's load, and sent it to his lodging. And it was that ʿAbduʾlláh bin Ḥishám whose mother had taken him to the Prophet; and he had stroked his head and supplicated a blessing for him.'—Al Bukhárí.
It is related from Jábir that he said, 'The sun was eclipsed in the time of the Apostle of God, on the day that Ibrahim, the Apostle's son, died. And the Prophet prayed with the people in six rakʿahs and four prostrations, and then turned away. And the sun had returned to its ordinary condition; and he said, "There is nothing which you have been promised which I have not seen in this prayer of mine. Hell fire was certainly brought, and that was when you saw me draw back in fear lest its scorching heat should reach me, till I saw in it a man with a hooked stick dragging his intestines in the fire. And he used to rob pilgrims with his hooked stick. And if he was spoken to about it, he used to say, 'It only got caught in my hooked stick.' And if the people were unaware of his thieving, then he would take the thing away. And I saw in the fire a woman who used to own a cat, which she tied up, and neither fed nor released so that it might eat of the birds and small animals of the earth, until it died of hunger. After that paradise was brought, and that was when you saw me move forward until I stood in my place and stretched out my hand wishing to take some of its fruit that you might look at it. After that it became manifest to me that I should not do so."—Muslim.
It is related from Ḥarám bin Saʾd bin Muḥaiṣah that, 'The camel of Al Barái bin ʿÁzib entered a garden and spoiled it. Then the Apostle of God gave judgement that the protection of gardens is the duty of their owners in the daytime; but that which animals destroy by night their owners are responsible for.'—Málik, Abú Dáud, Ibn Májah.
It is related from Al Ḥasan from Samurah that, 'The Prophet said, "When any one of you comes to cattle, then if their owner be amongst them, let him ask his permission (to milk them). But if he be not present, then let him call out three times. Then if any one answer him, let him ask his permission; but if no one answer him, then let him milk and drink; but he must take nothing away."'—Abú Dáud.
It is related from Ibn ʿOmar that, 'The Prophet said, "Whoever enters a garden may eat thereof, but let him not take away anything in his garments."'—At Tirmidhí, Ibn Májah.
On the Right of Pre-emption
It is related from Jábir that he said, 'The Prophet gave orders for pre-emption in everything which was not divided. But when the boundaries are delimitated and roads laid out, there is no pre-emption.'—Al Bukhárí.
It is related from Jábir that, 'The Apostle of God gave orders for pre-emption in every matter of partnership which had not been divided: lands or gardens. In such cases it is not lawful for a man to sell until he inform his partner. Then, if the latter wish, he may take it, and if he wish, he may leave it. And if he sell and do not inform his partner, then the latter has a prior right to it.'—Muslim.
It is related from Abú Hurairah that, 'The Apostle of God said, "Let not a neighbour forbid his neighbour from fixing a beam of wood in his wall."'—Muslim, Al Bukhárí.
It is related from ʿAbduʾlláh bin Ḥubaish that, 'The Apostle of God said, "Whoever cuts down a lotus tree, God will put down his head into the fire."—Abú Dáud. And he said, 'This tradition is abbreviated (it should be), "Whoever wantonly and injuriously cuts down a lotus tree in the desert, under which the traveller and beasts seek shade, having no right to do so, God will put down his head in the fire."'
Concerning Payment in Kind for Services Rendered
It is related from ʿAbduʾlláh bin ʿOmar that, 'The Apostle of God handed over to the Jews of Khaibár its date trees and its land, with the stipulation that they should cultivate them at their own expense; but that the Prophet should have half its fruits.'—Muslim.
It is related from Ráfiʿ bin Khadíj that he said, 'We, the majority of the people of Madína, were cultivators. And there was one of our number who used to hire out his land and say, "(The fruit of) this plot will be mine, and of that yours." And something happened, so that the one produced a crop, and the other did not. Then the Prophet prohibited them (acting thus).'—Muslim, Al Bukhárí.
It is related from Abú Umámah that he saw a ploughshare and other implements of cultivation and said, 'I heard the Prophet say, "This does not enter the home of any people, but it causes abasement to enter it."—Al Bukhárí.
It is related from Ráfiʿ bin Khadíj that, 'The Prophet said, "Whoever sows in the lands of a people without their permission, will have nothing of the crop except what he expended on it."'—At Tirmidhí, Abú Dáud.
It is related from Qais bin Muslim from Abú Jaʿfar that he said, 'There were none of the refugees in Madína who sowed the ground, except on the stipulation that they should receive one-third or one-fourth (of the produce). And ʿAlí and Saʿd bin Málik and ʿAbduʾlláh bin- Maʿsúd and ʿOmar bin ʿAbduʾl-Azíz and Al Qásim and ʿUrwah and the family of Abú Bakr and the family of ʿOmar and the family of ʿAlí and Ibn Sírín sowed in partnership. And ʿAbduʾr-Raḥmán binuʾl-Aswad said, "I was a partner with ʿAbduʾr-Raḥmán bin Yazíd in the crop." And ʿOmar arranged with the people that if he supplied the seed himself, he should have one half of the crop; and if they supplied the seed they should have the same.'—Al Bukhárí.
On the Lease of Revenues or Labour
It is related from Abú Hurairah from the Prophet that he said, 'God sent no prophet who did not graze goats.' Then his companions said, 'And thou?' He replied, 'Yes! I used to graze goats for the people of Mecca for a few karats.'—Al Bukhárí.
It is related from Abú Hurairah that, 'The Apostle of God said, "God Most High said, 'There are three classes of people whose adversary I shall be on the day of resurrection: the man who makes a promise in my name, and afterwards breaks it; the man who sells a free man, and eats his price; and the man who engages a labourer, and receives full labour from him, but does not pay him his wages.'"'—Al Bukhárí.
It is related from Ibn ʿAbbás that, 'A party of the companions of the Prophet passed by some water, and amongst them (i.e. the people camping there) was one who had been bitten by some poisonous scorpion or snake. And a man from the people living near the water came to them and said, "Have you a charmer amongst you; for amongst those living near the water is a man who has been bitten by some poisonous scorpion or snake." Then a man of their number went and recited the opening chapter of the Book, on condition of receiving some goats in payment. Then the man recovered, and he (who had recited) brought the goats to his companions. But they were displeased thereat, and said, "Thou hast taken a reward for reciting the Book of God," until they came to Madína and said to the Apostle of God, "He took a reward for reciting the Book of God?" The Apostle of God replied, "Verily the most proper thing for which you can take a reward is the Book of God."'—Al Bukhárí. And in another tradition it runs, 'You have acted righty. Divide them; and allot me a share with you.'
It is related from Khárija binuʾṣ-Ṣalt, from his paternal uncle, that he said, 'We came from the Apostle of God to some Arabs. They said, "Verily we have been informed that God has brought blessings from this man (Muḥammad). Have you any medicine or charm, for verily we have here a madman in fetters." We replied, "Yes." Then they brought the madman in fetters, and I recited over him morning and evening for three days the opening chapter of the Book, collecting the spittle in my mouth, and then spitting it on him. Khárija said, "And it was as if a rope were unbound from an animal's leg!" Then they gave me payment. But I said, "No, not until I ask the Prophet." He replied, "Take it, for by my life! certainly whoever takes a reward for a false charm (has sinned), but thou hast taken it for a true one,"'—Aḥmad, Abú Dáud.
It is related from ʿAbduʾlláh bin ʿOmar that, 'The Apostle of God said, "Give the labourer his wages before his perspiration becomes dry."'—Ibn Májah.
It is related from ʿUtbah binuʾl-Nuddar that he said, ' We were with the Apostle of God when he recited the chapter of the Qurʾán entitled "The story." And, when he reached the story of Moses he said, "Verily Moses hired himself for eight or ten years on condition that he preserved his continence and received his food."'—Aḥmad, Ibn Májah.
On Rejuvenating Dead (Lands) and Water
It is related from ʿUrwah that he said, 'Zubair had an altercation with a man of the helpers concerning a place where water flowed from the hot stony plains. And the Prophet said, "O Zubair, do thou use the water, and then afterwards send it on to thy neighbour." Then the helper said, "(This judgement) is because he is the son of thy aunt!" Then the Prophet's face changed colour, and he said, "O Zubair, use the water, and then impound it until it returns to the dam. After that send on the water to thy neighbour." And the Prophet protected the rights of Zubair for him by his plain orders when the helper made him angry. As a matter of fact, he had advised them a course which had in it amplitude for them both.'—Muslim, Al Bukhárí.
It is related from Ibn ʿOmar that, 'The Prophet gave Zubair land as a fief as far as his horse could go. Then Zubair drove his horse until it stopped. After that he threw down his whip; and the Apostle of God said, "Give him as far as the whip reaches."'—Abú Dáud.
It is related from Ibn ʿAbbás that, 'The Apostle of God said, "Muslims are partners in three things: in water and herbage and fire."'—Abú Dáud, Ibn Májah.
It is related from Ṭáus that, 'The Apostle of God said, "Whoever rejuvenates dead land, it becomes his, and ancient lands belong to God and His Apostle. Afterwards they become yours from me."'—Ash Sháfiʿ.
It is related from Samurah bin Jundub that he had some date trees in a garden belonging to a man of the helpers. And the man had his family with him. And Samurah used to go into the garden, and thereby caused him annoyance. Then the man came to the Prophet and mentioned the matter to him. Then the Prophet requested him (Samurah)to sell to him; but he refused. Then he requested him to exchange them for others; but he refused. Then the Prophet said, "Then give them to him, and thou wilt obtain such-and-such a reward," inspiring him with a desire for it. But he refused. Then the Apostle of God said, "Thou art a troublesome fellow." After that he said to the helper, "Go and cut down his date trees."—Abú Dáud.
On Giving
It is related from Ibn ʿOmar that he obtained some land in Khaibár. And he came to the Prophet and said, 'O Apostle of God, I have obtained some land in Khaibár, more valuable property than which I have never possessed. Then what dost thou command me with respect to it?' He replied, 'Thou mayest endow its principal in the name of religion and give in alms of its produce.' Then ʿOmar gave it in alms, so that its principal should not be sold, and should not be given away or inherited. And he gave its produce in alms to the poor, and to his relations, and for the emancipation of slaves, and in the road of God, and for travellers and guests. (And he proclaimed) that it should be no fault in those whom he had thus made participators in the produce if they ate of it in a reasonable manner or gave others to eat when in want. Ibn Sírín said, 'And provided they did not hoard up wealth.'—Muslim, Al Bukhárí.
It is related from Al Nuʿmán bin Bashír that his father brought him to the Apostle of God and said, 'Verily I have given this son of mine as a slave.' He said, 'Hast thou made presents of all thy sons in this manner?' He replied, 'No.' The Prophet said, 'Take him back.' And in another tradition it runs, 'He said, "Would it please thee that they should be equal before thee in righteousness?' He replied, "Yes." He said, "Then do not give him as a slave."' And in another tradition it runs, 'He said, "My father gave me away as a present. And ʿUmrah bint Rawáḥah said, 'I shall not be satisfied until thou make the Apostle of God a witness.' Then he came to the Apostle of God and said, 'Verily I have given my son, born of ʿUmrah bint Rawáḥah, as a present, and she ordered me to make thee a witness, O 'Apostle of God.' He replied, 'Hast thou given away the rest of thy sons in this manner?' He said, 'No.' He said, 'Then fear God, and act justly between thy children.' Nuʿmán said, 'Then he returned and took back his present.'"' And in another tradition it runs, 'He said, "I shall not be a witness to injustice."'—Muslim, Al Bukhárí.
It is related from Anas that he said, 'When the Apostle of God came to Madína, the refugees came to him and said, "O Apostle of God, we do not see any people more generous in great matters or more helpful in small than the people amongst whom we have settled. Of a truth they have sufficed us in trouble and made us their sharers in food, until we fear that they will take all the reward." He replied, "No, not so long as you pray to God for them and praise them."'—At Tirmidhí.
It is related from ʿÁyesha that, 'The Prophet said, " Make presents to one another; for verily presents dispel hatred."'
Concerning What is Found
It is related from Zaid bin Khálid that he said, 'A man came to the Apostle of God and asked him concerning (a straying animal) that is found. He replied, "Take note of its powers and its halter; then make it known for a year. Then if its owner comes (give it him), otherwise it becomes yours." The man said, "Then what of a goat which has wandered?" He replied, "It is thine, or thy brother's, or the wolf's." He said, "Then what of a camel that has strayed?" He replied, "What is that to thee, when it has with it its supply of water and the soles of its feet! It comes to water, and eats the trees until its master meets it."'—Muslim, Al Bukhárí. And in another tradition from Muslim it runs, 'He said, "Make it known for a year. Then take note of its halter and its powers. After that make use of it; and if its owner comes, then hand it over to him."
It is related from ʿÁmru bin Shuaib, from his father, from his grandfather, that the Apostle of God was asked about fruit hanging (on the trees). He replied, 'Whoever has a need of them (and eats them), without carrying any away in his garment, is blameless; but whoever takes any away must give double its value as damage, as well as (suffer) the punishment due. And whoever steals anything from it after that the threshing-floor has provided a place for it, its value being that of a shield, amputation (of the hand) is his punishment.' And ʿAmru made a remark with regard to a camel or goat that had strayed as others have mentioned. He said, '(The Prophet) was asked concerning what is found. He replied, "That which is found on a public road, or in a populous village, advertise it for a year. Then if its owner comes, hand it over to him; but if he does not appear, then thou mayest keep it. And whatever is found in old, abandoned land, of it. and of what is hidden therein—one fifth."'—An Nasái.
It is related from Jábir that he said, 'The Apostle of God made a concession to us in the matter of walking-sticks, whips, ropes and the like which a man picks up, that he might use it for his own benefit.'—Abú Dáud.
On the Division of Inheritance
It is related from Abú Hurairah that, 'The Prophet said, "I am more fit (to aid) Muslims than they themselves, therefore whoever dies in debt, leaving nothing wherewith to liquidate it, its payment rests with me. And whoever leaves property, it is for his heirs."'—Muslim, Al Bukhárí.
It is related from Usámah bin Zaid that, 'The Apostle of God said, "A Muslim shall not inherit from an infidel, nor an infidel from a Muslim."'—Muslim, Al Bukhárí.
It is related from Abú Hurairah that, 'The Apostle of God said, "A murderer shall not inherit."'—At Tirmidhí, Ibn Májah.
It is related from Buraidah that, 'The Prophet appointed a sixth for a grandmother, when there is besides her no mother.'—Abú Dáud.
It is related from Jábir that, 'The Apostle of God said, "When a (new-born) child utters a cry (and then dies), it must be prayed over, and its inheritance is passed on."'—Ibn Májah.
It is related from ʿAmru bin Shuaib, from his father, from his grandfather, that, 'The Prophet said, "Whatever man commits adultery, either with a free woman or a slave girl, the child is the child of adultery. It shall not inherit, nor be inherited from."'—At Tirmidhí.
It is related from ʿÁyesha that, 'A freedman of the Apostle died and left some property, but left no relations or child. Then the Apostle of God said, "Give his inheritance to a man of the people of the village."'—Abú Dáud, At Tirmidhí.
It is related from ʿAlí that he said, 'Ye read this verse (of the Qurʾán), "After the legacies which ye bequeath and the debts," but, verily the Apostle of God ordered the (payment) of debts before the (distribution) of the legacies; and he ordered that the sons of the same mother should inherit from one another, but not if they be by different mothers; and that a man should inherit from his brother born of his own father and mother, but not from his brother by his father only.'—At Tirmidhí, Ibn Májah.
It is related from Jábir that he said, 'The wife of Saʿd binuʾl-Rábi, came to the Apostle of God with her two daughters by Saʿd binuʾl-Rábiʿ and said, "O Apostle of God, these two are daughters of Saʿd binuʾl-Rábiʿ. Their father was killed as a martyr (when fighting) together with thee on the day of (the battle of) ʿUhud. And verily their uncle has taken their property, and left no property for them; and they cannot marry unless they obtain their property." He replied, "God will adjudicate on that matter." Then came down the verse of inheritance. So the Apostle of God sent to their uncle and said, "Give to the daughters of Saʿd two-thirds, and to their mother one-eighth; and what remains over is for thyself."'—Aḥmad, At Tirmidhí, Abú Dáud, Ibn Májah.
It is related from Huzail bin Shuraḥbíl that he said, 'Abú Músá was asked concerning (the inheritance of) a daughter, a son's daughter and a sister. He replied, "One half is for the daughter and one half for the sister; but go to Ibn Maʿsúd, and he will corroborate me." Then Ibn Maʿsúd was asked, and was informed of the words of Abú Músá. He replied, "Then (if I corroborate) I shall go astray, and shall not be of those who are guided aright. I shall pass judgement in the matter as the Prophet passed judgement. For the daughter is one-half, and for the son's daughter one-sixth to complete a full two-thirds, and what remains is for the sister." Then Abú Músá came to us and informed us of the words of Ibn Maʿsúd and said, "Do not ask me so long as this wise man remains amongst you."'—Al Bukhárí.
It is related from Qabísah bin Dhuwaib that he said, 'A grandmother came to Abú Bakr to ask about her inheritance. He said to her, "There is nothing for thee according to the Book of God, and nothing for thee according to the traditions of the Prophet. Then return until I can ask the people." Then he enquired, and Al Mughírah bin Shuʿbah said, "I was present with the Apostle of God when he gave her (i.e. a grandmother) one-sixth." Abú Bakr said, "Was there anyone present with thee besides thyself?" Then Muḥammad bin Maslamah answered in the same terms that Al Mughírah had spoken. Then Abú Bakr sent it to her. After that another grandmother came to ʿOmar to ask him about her inheritance. He replied, "It is that one-sixth. If you both agree, then it may be divided between the two of you; or whoever of you remains alone, it is for her."'—Málik, Aḥmad, At Tirmidhí.
Concerning Wills
It is related from Saʿd bin abi Waqqáṣ that he said, 'I was ill in the year of the conquest of Mecca, and I was nigh unto death. Then the Apostle of God came to me to visit me. And I said, "O Apostle of God, verily I have much wealth, and I have no one to inherit from me except my daughter. May I will away all that I possess?" He replied, "No." I said, "Then two-thirds of my property?" He replied, "No." I said, "Then one-half?" He replied, "No." I said, "Then one-third?" He replied, "Yes, one-third, for that is sufficient; and it is better to leave your heirs rich than indigent and begging, and holding out hands to beg of men. For thou wilt never expend alms, seeking thereby the face of God, but thou wilt be rewarded for it, even to the morsel thou raisest to thy wife's mouth."'—Muslim, Al Bukhárí.
It is related from Abú Hurairah that, 'The Prophet said, "Verily a man and his wife acted in accordance with the will of God for sixty years. Then death claimed them. But they did some one an injury in their will, therefore the fire became their rightful portion."'—Abú Dáud, Ibn Májah.