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 Commercial Transactions (Kitab Al-Buyu) 2

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PostSubject: Commercial Transactions (Kitab Al-Buyu) 2   Thu Jul 21, 2011 10:12 am

Book 010, Number 3662:

A hadith like this has been transmitted on the authority of Hakim b. Hizam (Imam Muslim) said: Hakim b. Hizam was born inside the Ka'ba and lived for one hundred and twenty years.


Chapter 12: HE WHO DECEIVES IN BUSINESS TRANSACTION
Book 010, Number 3663:

Abdullah b. Dinar narrated that he heard Ibn 'Umar (Allah be pleased with them) saying: A man mentioned to the Messenger of Allah (may peace be upon him) that he was deceived in a business transaction, whereupon Allah's Messenger (may peace be upon him) said: When you enter into a transaction, say: There should be no attempt to deceive.

Book 010, Number 3664:

This hadith has been narrated on the authority of 'Abdullah b. Dinar with the same chain of transmitters but these words are not found in it." When he buys he should say: There should be no attempt to deceive."


Chapter 13: PROHIBITION OF THE SALE OF FRUITS UNTIL THEY ARE CLEARLY IN GOOD CONDITION
Book 010, Number 3665:

Ibn 'Umar (Allah be pleased with them) reported that Allah's Messenger (may peace be upon him) forbade the sale of fruits until they were clearly in good condition, he forbade it both to the seller and to the buyer.

Book 010, Number 3666:

Ibn 'Umar (Allah be pleased with them) reported that Allah's Messenger (may peace be upon him) forbade the sale of palm-trees (i. e. their trults) until the dates began to ripen, and ears of corn until they were white and were safe from blight. He forbade the seller and the buyer.

Book 010, Number 3667:

Ibn Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) as saying: Do not buy fruit until its good condition becomes clear, and (the danger) of blight is no more. He said: Its good condition becoming clear implies that it becomes red or yellow.

Book 010, Number 3668:

This hadith is reported or the authority of Yahya with the same chain of transmitters up to" until its good condition becomes clear," but lie did not mention what follows (these words).

Book 010, Number 3669:

This hadith has been narrated on the authority of Ibn 'Umar through another chain of transmitters.

Book 010, Number 3670:

Nafi, reported on the authority of Ibn Umar (Allah be pleased with them) a hadith like that narrated before.

Book 010, Number 3671:

Ibn Umar (Allah be pleased with them) reported Allah's Messenger' (may peace be upon him) as saying: Do not buy fruits (on the trees) until their good condition becomes clear. In the hadith transmitted on the authority of Shu'ba it was stated that Ibn Umar (Allah be pleased with them) was asked what good condition implied. He said: When (the danger of) blight is no more.

Book 010, Number 3672:

Jabir (Allah be pleased with him) reported that Allah's Messenger (may peace be upon him) forbade (or forbade us) the sale of fruits until they are ripe in a good condition.

Book 010, Number 3673:

Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) forbidding the sale of fruit until its good condition is obvious.

Book 010, Number 3674:

Abu Bakhtari reported: I asked Ibn 'Abbas (Allah be pleased with them) about the sale of dates. He said: Allah's Messenger (may peace be upon him) forbade the sale of dates of the trees until one eats them or they are eaten (i. e. they are fit to be eaten) or until they are weighed (or measured). I said: What does it imply:" Until it is weighed"? Thereupon a person who was with him (Ibn Abbas) said: Until he is able to keep it with him (after plucking them).

Book 010, Number 3675:

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as saying: Do not sell the fruits until their good condition becomes evident."


Chapter 14: IT IS FORBIDDEN TO SELL FRESH DATES AGAINST DRY DATES, EXCEPT IN CASE OF AL-ARAYA
Book 010, Number 3676:

Ibn Umar (Allah be pleased with them) reported Allah's Apostle (may peace be upon him) forbidding the sale of fruits until their good condition becomes evident and the purchase of dates for dates. Zaid b. Thabit (Allah be pleased with him) said that Allah's Messenger (may peace be upon him) gave a concession in case of the sale known as al-araya, there is an addition of the word an tuba'a in the hadith transmitted by Ibn Numair.

Book 010, Number 3677:

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as saying: Do not buy the fruit until their condition is clear, and do not buy the fresh dates. A hadith like this has been reported by Ibn 'Umar through another chain of transmitters.

Book 010, Number 3678:

Sa'id b. al-Musayyib said that Allah's Messenger (may peace be upon him) forbade the transaction of Af Muzabana and Muhaqala. Muzabana means that fresh dates on the trees should be sold against dry dates. Muhaqala implies that the wheat in the ear should be sold against the wheat and getting the land on rent for the wheat (produced in it). He (the narrator) said that the Holy Prophet (may peace be upon him) had aid: Do not sell fresh fruits on the trees until their good condition becomes manifest, and do not sell fresh dates on the trees against dry dates. Salim said: Abdullah informed me on the authority of Zaid b. Thabit, Allah's Messenger (may peace be upon him) having given concession afterwards in case of ariyya transactions by which dry dates can be exchanged with fresh dates, but he did not permit it in other cases.

Book 010, Number 3679:

Zaid b. Thabit (Allah be pleased with him) reported Allah's Messenger (may peace he upon him) having given concession in case of 'ariyya for selling dry dates (with) fresh dates after measuring them out.

Book 010, Number 3680:

Zaid b. Thabit reported that Allah's Messenger (may peace be upon him) give concession in case of 'ariyya transactions according to which the members of the household give dry dates according to a measure and then eat fresh dates (in exchange for it)

Book 010, Number 3681:

A hadith like this has been narrated on the authority of Nafi' with the same chain of transmitters.

Book 010, Number 3682:

Yahya b. Sa'id reported this hadith with the same chain of transmitters but with this change: 'Ariyya implies that date-palm trees should be donated to the people and then they sell it with a measure of dry dates.

Book 010, Number 3683:

Zaid b Thabit (Allah be pleased with him) reported that Allah's Messenger (may peace be upon him) gave concession in case of al-'ariyya transactions (for exchanging dates) for dates with measure. Yahya said: 'Ariyya implies that a person should buy fresh dates on the tree for his family to eat against a measure of dry dates.

Book 010, Number 3684:

Zaid b. Thabit (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) granting concession in case of 'ariyya transactions and that implies selling of (dry dates for fresh dates) according to a measure.

Book 010, Number 3685:

Ubaidullah reported this hadith with a slight change of words on the same authority (as quoted above).

Book 010, Number 3686:

Nafi, reported this hadith with the same chain of transmitters stating that Allah's Messengtr (may peace be upon him) granted concession in case of 'ariyya transactions (for exchange of the same commodity) with measure.

Book 010, Number 3687:

Bashair b. Yasir reported on the authority of some of the Companions of Allah's Messenger (may peace be upon him) among the members of his family among whom one was Sahl b. Abu Hathma that Allah's Messenger (may peace be upon him) forbade buying of fresh dates against dry dates and that it is Riba and this is Muzabana, but he made an exemption of 'ariyya (donations) of a tree or two in which case the members of a family sell dry dates and buy fresh dates for eating them.

Book 010, Number 3688:

Bushair b. Yasar reported on the authority of some of the Companion of Allah's Messenger (may peace be upon him) that he exempted the transactions, of 'ariyya (from the direct exchange of one kind) after measuring the dry dates (in exchange for fresh dates).

Book 010, Number 3689:

Bushair b. Yasir reported on the authority of some of the Companions of Allah's Messenger (may peace be upon hinn) from among the members of his family that he forbade (the direct exchange of a commodity having different qualities) but with the change that Ishaq and Ibn al-Muthanna used the word Zabn in place ot Riba and Ibn Abu 'Umar used the word Riba (interest).

Book 010, Number 3690:

A hadith like this has been narrated on the authority of Sahl b. Abu Hathma.

Book 010, Number 3691:

Sahl b. Abu Hathma reported Allah's Messenger (may peace be upon him) having forbidden Muzabana, i. e. exchange of fresh dates with dry dates. except in case of those to whom donations of some trees have been made. It is for them that concession has been given.

Book 010, Number 3692:

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) having given exemption of 'ariyya transactions measuring less than five wasqs or up to five wasqs (the narrator Dawud is in doubt whether it was five or less than five).

Book 010, Number 3693:

Ibn Umar (Allah be pleased them) reported Allah's Messenger (may peace be upon him) having forbidden Muzabana, and Muzabana implies the selling of fresh dates for dry dates by measuring them out and the selling of raisins by measure for grapes.

Book 010, Number 3694:

'Abdullah (b. Umar) reported that Allah's Apostle (may peace be upon him) forbade Muzabana, i. e. buying of fresh dates (on) the trees for dry dates by measure, and the buying of grapes for raisins by measure and the selling of field of corn for corn by measure.

Book 010, Number 3695:

A hadith like this has been narrated on the authority of 'Ubaidullah with the same chain of transmitters.

Book 010, Number 3696:

Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) having forbidden Muzabana, and Muzabana is the selling of dry dates by measure for fresh dates and the selling of raisins by measure for grapes and selling of all Ports of fruits on the basis of calculation.

Book 010, Number 3697:

Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) having forbidden Muzabana, and Muzabana implies the selling of dry dates for fresh dates on the tree with a definite measure (making it clear) that in case it increases, it belongs to me and if it is less, it is my responsibility.

Book 010, Number 3698:

A hadith like this has been transmitted on the authority of Ayyub.

Book 010, Number 3699:

Abdullah (b. Umar) (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) having forbidden Mazabana, and it implies that one should sell the fresh fruits of his orchard (for dry fruits) or, if it is fresh dates, for dry dates with a measure, or if it is grapes for raisins or if it is corn in the field for dry corn with a measure He (the Holy Prophet) in fact forbade all such transactions. Qutaiba has narrated it with a slight variation of words. This hadith has been narrated on the authority of Nafi with another chain of transmitters.


Chapter 15: PERTAINING TO ONE WHO SELLS DATE-PALM TREE WITH DATES HANGING ON ITS BRANCHES
Book 010, Number 3700:

Ibn Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) as saying: If anyone buys palm-trees after they have been fecundated the fruit belongs to the seller unless the buyer makes a proviso.

Book 010, Number 3701:

Nafi reported on the authority of Ibn Umar (Allah be pleased with them) that the Messenger of Allah (may peace be upon him) said: Whichever tree is bought with its roots, and if it is fecundatedits fruit would belong to one who has grafted it except when the provision is laid down by the buyer.

Book 010, Number 3702:

Ibn Umar (Allah be pleased with them) reported Allah's Apostle (may peace be upon him) as saying: Whosoever grafts the tree and then sells its roots, its fruit will belong to one who grafts it except when provision is laid down by the buyer.

Book 010, Number 3703:

This hadith has been narrated on the authority of Nafi, with the same chain of transmitters.

Book 010, Number 3704:

Abdullah b. Umar (Allah be pleased with them) reported Allah's Massenger (may peace be upon him) as saying: He who buys a tree after it has been fecundated, its fruit belongs to one who sells it except when the provision has been laid down by the buyer (that it will belong to him), and he who buys a slave, his property belongs to one who sells him except when a provision has been laid down by the buyer (that it will be transferred to him with the slave).

Book 010, Number 3705:

A hadith like this has been narrated on the authority of al Zuhri.

Book 010, Number 3706:

Ibn Umar reported on the authority of his father as Allah's Apostle (may peace be upon him) saying so.


Chapter 16: FORBIDDANCE OF AL-MUHAQALA, AND AL MUZABANA, AND AL- MUKHABARA, AND THE SALE OF FRUITS BEFORE THEIR GOOD CONDITION IS CLEAR, AND AL-MU'AWAMA. I. E. THE SALE FOR SOME YEARS
Book 010, Number 3707:

Jabir b. Abdullah (Allah be pleased with them) reported that Allah's Messenger (may peace be upon him) had forbidden Muhaqala. and Muzabana, Mukhibara and the sale of fruits until their good condition becomes clear, and (he commanded) that (commodities) should not be sold but for the dinar and dirham except in case of araya.

Book 010, Number 3708:

Jabir b. 'Abdullah (Allah be pleased with them) reported that Allah's Messenger (may peace be upon him) forbade the types of sales as described before.

Book 010, Number 3709:

Jabir b. 'Abdullah (Allah be pleased with them) reported that Allah's Messenger (may peace be upon him) forbade Mukhabara and Muhaqala, and Muzabana, and the sale of the fruit until it is fit for eating, and its sale but with dirham and dinar. Exception is made in case of 'araya. Ata' said: Jabir explained (these terms) for us. As for Mukhabara it is this that a wasteland is given by a person to another and he makes an investment in it and then gets a share in the produce. According to him (Jabir), Muzabana is the sell of fresh dates on the tree for dry dates with a measure, and Muhaqala in agriculture implies that one should sell the standing crop for grains with a measure.

Book 010, Number 3710:

Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) forbidding Muhaqala, and Muzabana, and Mukhabara, and the buying of date-palm until its fruit is ripened (ripening means that its colour becomes red or yellow, or it is fit for being eaten). And Muhaqala implies that crops in the field are bought for grains according to a customary measure. Muzabana implies that date-palm should be sold for dry dates by measuring them with wisqs, and al-Mukhabara is (a share), maybe one-third or one-fourth (in produce) or something like it. Zaid (one of the narrators) said to Ata' b. Abu Rabah (the other narrator): Did You bear Jabir b. Abdullah (Allah be pleased with them) making a mention of it that he had heard it directly from Allah's Messenger (may peace be upon him)? He said: Yes.

Book 010, Number 3711:

Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) forbidding Muzabana and Muhaqala, and Mukhabara, and the sale of fruits until they are ripe. I (the narrator) said to Sa'id (the other narrator): What does ripening imply? He said: It meant that they become red or become yellow and are fit for eating.

Book 010, Number 3712:

Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) forbidding Muhaqala and Muzabana and Mu'awama and Mukhabara. (One of the narrators) 'said: Sale years ahead is Mu'awama, and making exceptional but he made an exemption of araya.

Book 010, Number 3713:

A hadith like this has been narrated on the authority of Jabir (Allah be pleased with him) from Allah's Apostle (may peace be upon him). but he made no mention of transactions years (ahead) implying Mu'awama.

Book 010, Number 3714:

Jabir b. Abdullah (Allah be pleased with them) reported that Allah's Messenger (may peace be upon him) forbade leasing of land, and selling ahead for years and selling of fruits before they become ripe.


Chapter 17: LEASING OUT LAND
Book 010, Number 3715:

Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) having forbidden the renting of land.

Book 010, Number 3716:

Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) as saying: He who has land should cultivate it himself, but if he does not cultivate it himself, then he should let his brother cultivate it.

Book 010, Number 3717:

Jabir b. Abdullah (Allah be pleased with them) reported some of the Companions of Allah's Messenger (may peace be upon him) had surplus of land. Thereupon Allah's Messenger (may peace be upon him) said: He, who has surplus land (in his possession) should cultivate it, or he should lend it to his brother for benefit, but if he refuses to accept it, he should retain it.

Book 010, Number 3718:

Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) having forbidden taking of rent or share of land.

Book 010, Number 3719:

Jabir (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as saying: He who has land should cultivate it, but if he does not find it possible to cultivate it, or finds himself helpless to do so, he should lend it to his Muslim brother, but he should not accept rent from him.

Book 010, Number 3720:

Sulaiman b. Musa asked Ata': Did Jabir b. 'Abdullah (Allah be pleased with them) reported Allah's Apostle (may peace be upon him) as saying:" He who has land should cultivate it himself, or let his brother cultivate it, and should not give on rent"? He said: Yes.

Book 010, Number 3721:

Jabir (Allah be pleased with him) reported Allah's Apostle (may peace be upon him) having forbidden Mukhabara.

Book 010, Number 3722:

Jabir b. Abdullah (Allah be pleased with them) heard Allah's Messenger (may peace be upon him) say: He who has surplus of land should either cultivate it himself, or let his brother cultivate it, an should not sell it. I (the narrator) said to Sa'id: What does his statement" do not sell it" mean? Does it imply" rent"? He said: Yes.

Book 010, Number 3723:

Jabir b. 'Abdullah reported: We used to cultivate land on rent during the lifetime of Allah's Apostle (may peace be upon him) and we got a share out of the grain left in the ears after threshing them and something unspecified. Allah's Messenger (may peace be upon him) said: He who has land should cultivate it or let his brother till it, otherwise he should leave it.

Book 010, Number 3724:

Jabir b. Abdullah (Allah be pleased with them) reported: We used to get land (on rent) during the lifetime of Allah's Messeuge, (may peace be upon him) with a share of one-third or one-fourth (of the produce from the land irrigated) with the help of canals. Thereupon Allah's Messenger (may peace be upon him) stood up (to address) and said: HRe who has land should cultivate it, and if he does not cultivate it, he should lend it to his brother, and if he does not lend it to his brother, he should then retain it.

Book 010, Number 3725:

Jabir (Allah he pleased with him) reported: I heard Allah's Apostle (may peace be upon him) as saying: He who has (surplus) land should donate it (to others), or lend it. This hadith has been narrated on the authority of A'mash with the same chain of transmitters, but with a slight change of words.

Book 010, Number 3726:

Jabir b. `Abdullah (Allah be pleased with them) reportedthat Allah's Messenger (may peace be upon him) had forbidden renting of land. Bukair (one of the narrators) said: Nafi` reported to me that he heard Ibn `Umar (Allah be pleased with them) saying: We usedto give land on rent; we then abandoned this practice when we heard the hadith of Rafi` b. Khadij.

Book 010, Number 3727:

Jabir (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) forbidding the selling (renting of) uncultivated land for two years or three.

Book 010, Number 3728:

Jabir (Allah be pleased with him) reported Allah's Apostle (may peace be upon him) forbidding selling of (produce) in advance for two years, and in the narmtion of Ibu Abd Shaiba (the words are):" Selling of the fruits (on the tree) in advance for two years."

Book 010, Number 3729:

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as saying: He who has land should cultivate it or lend it to his brother, but if he refuses, he should retain his land.

Book 010, Number 3730:

Jabir b. Abdullah (Allah be pleased with them) reported: I heard Allah's Messenger (may peace be upon him) forbidding Muzabana, and Huqul. Jabir b. Abdullah (Allah be pleased with them) said: Muzabana means the selling of fruits for dry dates and Huqul is the renting of land.

Book 010, Number 3731:

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) forbidding Muhaqala and Muzabana.

Book 010, Number 3732:

Abu Sa'id al-Khudri (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) having forbidden Mazabana and Muhaqala. Muzibana means the buying of fruits on the trees and Muhaqala is the renting of land.

Book 010, Number 3733:

Zaid b. Amr reported: I heard Ibn Umar (Allah be pleased with them) say: We did not see any harm in renting of the land, but as the first year was over Rafi' alleged Allah's Apostle (may peace be upon him) having forbidden that.

Book 010, Number 3734:

This hadith has been narrated on the authority of Amr b. Dinar with the same chain of transmitters but (in) the hadith transmitted on the authority of 'Uyainah (the words are):" We abandoned it (renting) on account of that."

Book 010, Number 3735:

Ibn 'Umar (Allah be pleased with them) reported: Rafi forbade us from benefitting from our land (in the form of rent).

Book 010, Number 3736:

Nafi reported that Ibn Umar (Allah be pleased with them) rented his land during the lifetime of Allah's Messenger (may peace be upon him) and during the caliphate of Abu Bakr and that of Umar and that of Uthman (Allah be pleased with them) and during the early period of Muawiya's caliphate until at the end of Muawiya's reign, it reached him (Ibn 'Umar) that Rafi b. Khadij (Allah be pleased with him) narratted (a hadith) in which (there was a decree) of prohibition by Allah's Apostle (may peace be upon him). He (Ibn 'Umar) went to him (Rafi b. Khadij) and I was with him and he asked him, whereupon he said: Allah's Messenger (may peace be upon him) used to forbid the renting of land. So Ibn Umar (Allah be pleased with them) abandoned it, and subsequently whenever he was asked about it, he said: Rafi b. Khadij (Allah be pleased with him) alleged that Allah's Messenger (may peace be upon him) forbade it.

Book 010, Number 3737:

This hadith has been narrated on the authority of Ayyub and he made an addition in the hadith narrated by Ibn Ulayya in which he said: Ibn Umar abandoned it afterwards and he did not rent it (the land).

Book 010, Number 3738:

Nafi reported: I went to Rafi b. Khadij in the company of Ibn 'Umar (All be pleased with them) until he (Ibn 'Umar) came to him at Balat (a place near Prophet's Mosque at Medina) and he (Rafi b. Khadij) informed him that Allah's Messenger (may peace be upon him) had forbidden the renting of land.

Book 010, Number 3739:

Nafi, reported from Ibn Umar (Allah be pleated with them) that he came to Rafi and he narrated this hadith from Allah's Apostle (may peace be upon him).

Book 010, Number 3740:

Nafi, reported that Ibn Umar (Allah be pleased with them) used to rent the land, and that he was conveyed the hadith transmitted on the authority of Rafi b. Khadij. He (the narrator) said: He then went to him along with me. He (Rafi) narrated from some of his uncles in which it was mentioned that Allah's Apostle (may peace be upon him) forbade the renting of land. Ibn 'Umar (Allah be pleased with them) then abandoned this practice of renting. This hadith has been narrated through another chain of transmitters.

Book 010, Number 3741:

Salim b. Abdullah reported that AbduUah b. Umar (Allah be pleased with them) used to give land on rent until (this news) reached him that Rafi b. Khadij Ansari used to forbid the renting of land. Abdullah met him and said: Ibn Khadij, what is this that you narrate from Allah's Messenger (may peace be upon him) pertaining to renting of land? Rafi b. Khadij said to Abdullah: I heard it from two uncles of mine and they had participated in the Battle of Badr who narrated to the members of the family that Allah's Messenger (may peace be upon him) forbade the renting of land. Abdullah said: I knew it that the land was rented during the lifetime of Allah's Messenger (may peace be upon him). Abdullah then apprehended that Allah's Messenger (may peace be upon him) might have said something new in this connection (in regard to prohibition of renting) which I failed to know. So he abandoned the renting of land.


Chapter 18: RENTING OF LAND FOR FOOD
Book 010, Number 3742:

Rafi b. Khadij (Allah be pleased with him) reported: We used to give on rent land during the lifetime of Allah's Messenger (may peace be upon him). We rented it on the share of one-third or one-fourth of the (produce) along with a definite quantity of corn. One day a person from among my uncles came to us and said: Allah's Messenger (may peace be upon him) forbade us this act which was a source of benefit to us, but the obedience to Allah and to His Messenger (may peace be upon him) is more beneficial to us. He forbade us that we should rent land with one-third or one-fourth of (the produce) and the corn of a measure, and he commanded the owner of land that he should cultivate it or let it be cultivated by other (persons) but he showed disapproval of renting it or anything besides it.

Book 010, Number 3743:

Rafi b. Khadij (Allah be pleased with him) reported: We used to give land on rent, and we rented it on one-third or one-fourth share. The rest of the hadith is the same.

Book 010, Number 3744:

This hadith has been narrated on the authority of Rafi' b. Khadij with the same chain of transmitters, but in it no mention is made of some of his uncles.

Book 010, Number 3745:

Rafi (Allah be pleased with him) reported that Zuhair b. Rafi (who was his uncle) came to me and said: Allah's Messenger (may peace be upon him) forbade a practice which was useful for us. I said: What is this? (I believe) that whatrver Allah's Messenger (may peace be upon him) says is absolutely true. He (Zuhair) said that he (the Holy Prophet) asked me: What do you do with your cultivable lands? I said: Allah's Messenger, we rent those irrigated by canals for dry dates or barley. He said: Don't do that. Cultivate them or let them be cultivated (by others) or retain them yourself.

Book 010, Number 3746:

This hadith has been transmitted on the authority of Rafi from the Prophet (may peace be upon him) about this, but he did not make mention of his uncle Zuhair.


Chapter 19: RENTING OF LAND BY GOLD AND SILVER
Book 010, Number 3747:

Hanzala b. Qais reported that he asked Rafi b. Khadij (Allah be pleased with him) about renting of land, whereupon he said: Allah's Messenger (may peace be upon him) forbade the renting of land. I said: Is it forbidden (even if it is paid) in gold (dinar) and silver (dirham)? Thereupon he said: If it is paid in gold and silver, there is no harm in it.

Book 010, Number 3748:

Hanzala b. Qais al-Ansri reported: I asked Rafi' b. Khadij about the renting of land for gold and silver, whereupon he said: There is no harm in it for the people let out land situated near canals and at the ends of the streamlets or portion of fields. (But it so happened) that at times this was destroyed and that was saved. whereas (on other occasions) this portion was saved and the other was destroyed and thus no rent was payable to the people (who let out lands) but for this one (which was saved). It was due to this that he (the Holy Prophet) prohibited it. But if there is something definite and reliable (e. g. money). there is no harm in it.

Book 010, Number 3749:

Hanzala reported that he heard Rafi' b. Khadij (Allah be pleased with him) say: We were the major agriculturists of the Ansar and so we let out land (saying): The produce of this (part of land) would be ours and (the produce) of that would be theirs. But it so happened that at times this (land) gave harvest, but the other one produced nothing. So he (the Holy Prophet) forbade this. But so far as the payment in silver (dirham, a coin) is concerned, he did not forbid.

Book 010, Number 3750:

This hadith has been narrated on the authority of Yahya b. Sa'id with the same chain of transmitters.


Chapter 20: IN THE SARE CROPPING AND LEASING
Book 010, Number 3751:

Abdullah b. al Sa'ib reported: I asked Abdullah b. Ma'qil about Muzara'a (cultivating land on share basis in the produce). He said: Thabit b. Dahhak informed me that Allah's Messenger (may peace be upon him) forbade Muzara'a as Ibn Abu Shaiba forbade it with a slight change of words. He (the narrator) said: I asked Ibn Ma'qil but he did not name 'Abdullah.

Book 010, Number 3752:

Abdullah b. al-Sa'ib reported: We visited 'Abdullah b. Ma'qil and asked him about sharing of crops, whereupon he said: Thabit alleged that Allah's Messenger (may peace be upon him) forbade Muzara'a and commanded leasing it out on rent (for money) and said: There is no harm in it.


Chapter 21: THE LAND IS GRANTED
Book 010, Number 3753:

Mujahid said to Tiwus: Come along with me to Ibn Rafi b. Khadij in order to listen from him the hadith transmitted on the authority of his father (pertaining to the renting of land) from Allah's Apostle (may peace be upon him). He (Tawus) scolded him and said: By Allah, it I were to know that Allah's Messenger (may peace be upon him) had forbidden it, I would have never done it. But it has been narrated to me by one who has better knowledge of it amongst them (and he meant Ibn 'Abbas) that Allah's Messenger (may peace be upon him) said: It is better if a person lends, his land to his brother (for cultivation) than that he gets recognised rent on it.

Book 010, Number 3754:

Tawus reported that he let out his land on rent, whereupon Amr said: I said to him: Abu Abd al-Rahrman, I wish if you abandon this renting of land, for they alleged that Allah's Apostle (may peace be upon him) forbade Mukhabara. He siad: Amr, one who has informed me has the best knowledge of it among them (he meant Ibn Abbas). (He said) that Allah's Apostle (may peace be upon him) did not prohibit it altogether, but said: Lending of land by one among you to his brother is better for him than getting a specified amount of produce from it.

Book 010, Number 3755:

A hadith like this has been transmitted on the authority of Ibn Abbas (Allah be pleased with them).

Book 010, Number 3756:

Ibn Abbas (Allah be pleased with them) reported Allah's Apostle (may peace be upon him) as saying: If one among you lets out land to his brother, that is better for him than if he receives such and such (the definite thing). Ibn 'Abbis (Allah be pleased with them) said: It is Haql, and in the parlance of the Ansr it is Muhaqala.

Book 010, Number 3757:

Ibn Abbas (Allah be pleased with them) reported Allah's Apostle (may peace be upon him) as saying: He who has land, it is better for him that he should let it out to his brother.


Chapter 22: SHARING OF FRUITS
Book 010, Number 3758:

Ibn Umar (Allah be pleased with them) reported that Allah's Messenger (may peace be upon him) contracted with the people of Khaibar the (trees) on the condition that he would have half the produce in fruits and harvest.

Book 010, Number 3759:

Ibn Umar (Allah be pleased with them) reported: Allah's Messenger (may peace be upon him) handed over the land of Khaibar (on the condition) of the share of produce of fruits and harvest, and he also gave to his wives every year one hundred wasqs: eighty wasqs of dates and twenty wasqs of barley. When 'Umar became the caliph he distributed the (lands and trees) of Khaibar, and gave option to the wives of Allah's Apostle (may peace be upon him) to earmark for themselves the land and water or stick to the wasqs (that they got) every year. They differed in this matter. Some of them opted for land and water, and some of them opted for wasqs every year. 'A'isha and Hafsa were among those who opted for land and water.

Book 010, Number 3760:

Abdullah b. Umar (Allah be pleased with them) reported that Allah's Messenger (may peace be upon him) contracted with the people of Khaibar (land and trees on the condition that they should give) half of the yield from land and trees. The rest of the hadith is the same. In the hadith transmitted on the authority of AIi b. Mushir there is no mention of it, but that A'isha and Hafsa were those who opted for land and water, but he (the narrator) said: He (Hadrat 'Umar, gave option to the wives of Allah's Apostle (may peace be upon him) that land would be earmarked for them, but he made no mention of water.

Book 010, Number 3761:

'Abdullah b. Umar (Allah be pleased with them) reported that when Khaibar had been conquered, the Jews asked Allah's Messenger (may peace be upon him) to let them continue (cultivation in those lands) on half of the share of yield in fruits and crop, whereupon Allah's Messenger (may peace be upon him) said: I will allow you to continue here, so long as we would desire. The rest of the hadith is the same, but with this addition:" The fruit would be distributed equal to the half of Khaibar. And out of hall of the produce of the land, Allah's Apostle (may peace be be upon him) got the fifth part."

Book 010, Number 3762:

Abdullah b. Umar (Allah be pleased with them) reported that Allah's Messenger (may peace be upon him) returned to the Jews of Khaibar the date-palms of Khaibar and its land on the condition that they should work upon them with their own wealth (seeds, implements), and give half of the yield to Allah's Messenger (may peace be upon him).

Book 010, Number 3763:

Ibn Umar reported that 'Umar b. al-Khattab (Allah be pleased with him) expelled the Jews and Christians from the land of Hijaz, and that when Allah's Messenger (may peace be upon him) conquered Khaibar he made up his mind to expel the Jews from it (the territory of Khaibar) because, when that land was conquered, it came under the sway of Allah, that of His Messenger (may peace be upon him) and that of the Muslims. The jews asked Allah's Messenger (may peace be upon him) to let them continue there on the condition that they would work on it, and would get in turn half of the fruit (of the trees), whereupon Allah's Messenger (may peace be upon him) said: We would let you continue there so long as we will desire. So they continued (to cultivate the lands) till 'Umar externed them to Taima' ang Ariha (two villages in Arabia, but out of Hijaz).


Chapter 23: EXCELLENCE OF PLANTING OF TRESS AND TILLING OF LAND
Book 010, Number 3764:

Jabir (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as saying: Never a Muslim plants a tree, but he has the reward of charity for him, for what is eaten out of that is charity; what is stolen out of that, what the beasts eat out of that, what the birds eat out of that is charity for him. (In short) none incurs a los! k to him but it becomes a charity on his part.

Book 010, Number 3765:

Jabir (Allah be pleased with him) reported that Allah's Apostle (may peace be upon him) visited Umm Mubashshir al-Ansariya at her orchard of date-palms and said to her: Who has planted these trees of dates-a Muslim or a non-Musim? She said: A Muslim, of course, whereupon he said: Never a Muslim plants, or cultivates a land, and it out of that men eat, or the animals eat, or anything else eats, but that becomes charity on his (planter's) behalf.

Book 010, Number 3766:

Jabir b. 'Abdullah (Allah be pleased with them) reported: I heard Allah's Messenger (may peace be upon him) saying: Never does a Muslim plant, or cultivate, but has reward for him for what the beasts eat, or the birds eat or anything else eats out of that.

Book 010, Number 3767:

Jabir b. Abdullah (Allah be pleased with them) reported: Allah's Apostle (may peace be upon him) visited the orchard of Umm Ma'sud and said: Umm Ma'bad. he who has planted this tree, is he a Muslim or a non-Muslim? She said: Of course, he is a Muslim, whereupon he (the Holy Prophet) said: No Muslim who plants (trees) and from their fruits the human beings or the beasts or birds eat, but that would be taken as an act of charity on the Day of Resurrection.

Book 010, Number 3768:

This hadith is transmitted on the authority of Abu Muawiya (but With a slight change of words).

Book 010, Number 3769:

Anas reported Allah's Messenger (may peace be upon him) as saying Never does a Muslim plant trees or cultivate land and birds or a man or a beast eat out of them but that is a charity on his behalf.

Book 010, Number 3770:

Anas b. Malik (Allah be pleased with him) reported that Allah's Apostle (may peace be upon him) visited the date-palms of Umm Mubashshir (Allah be pleased with her), a lady from the Ansar, and said: Who planted this palm-a Muslim or an unbelievers The rest of the hadith is the same.


Chapter 24: REMISSION IN THE PAYMENT OF YIELD STRICKEN BY CALAMITY
Book 010, Number 3771:

Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) saying: If You sell fruits to your brother (and Jabir b. Ahduthh reported through another chain of narrators: If you were to sell fruits to your brother) and these is a stricken with Calamity, it is not permissible for you to get anything from him. Why do you get the wealth of your brother, without jutification?

Book 010, Number 3772:

A hadith like this has been narrated on the authority of Juraij with the same chain of transmitters.

Book 010, Number 3773:

Anas (Allah be pleased with him) reported that Allah's Apostle (may peace be upon him) forbade the sale of the fruit of date-palms until it becomes mellow. We (some of the other narrators in the chain of transmitters) said: What does the word" mellow" mean? He said: (There the fruit) turns red or yellow. Don't you see if Allah had checked (the growth of) fruits; then what for the wealth of your brother would be permissible for you?

Book 010, Number 3774:

Anas b. Malik (Allah be pleased with him) reported that Allah's Messenger (may peace be upon him) forbade the sale of fruits until these are mellow. They (the companions of Anas) said: What is meant by" mellow"? He said: It implies that these became red. He said: When Allah hinders the growth of fruits, (then) what for the wealth of your brother would become permissible for you?

Book 010, Number 3775:

Anas (Allah be pleased with him) reported Allah's Apostle (may peace be upon him) as saying: If Allah does not fructify them, then what is permissible for one of you to take the wealth of his brother?

Book 010, Number 3776:

Jabir (Allah be pleased with him) reported that Allah's Apostle (may peace be upon him) commanded to make deductions in the payment of that stricken with a Calamity.


Chapter 25: EXCELLENCE OF MAKING REDUCTION IN THE DEBT
Book 010, Number 3777:

Abu Sa'id al-Khudri (Allah be pleeased with him) reported that in the time of Allah's Messenger (may peace be upon him) a man suffered loss in fruits he had bought and his debt increased; so Allah's Messenger (may peace be upon him) told (the people) to give him charity and they gave him charity, but that was not enough to pay the debt in full, whereupon Allah's Messenger (may peace be upon him) said to his creditors:" Take what you find, you will have nothing but alms.

Book 010, Number 3778:

This hadith has been narrated on the authority of Bukair b. al-Ashajj with the same chain of transmitters.

Book 010, Number 3779:

A'isha (Allah be pleased with her) reported: Allah's Messenger (may peace be upon him) heard the voices of altercation of two disputants at the door; both the voices were quite loud. The one demanded some remission and desired that the other one should show leniency to him, whereupon the (other one) was saying: By Allah will not do that. Then there came Allah's Messenger (may peace be upon him) to them and said: Where is he who swears by Allah that he would not do good? He said: Massenger of Allah, it is I. He may do as he desires.

Book 010, Number 3780:

Abdullah b. Ka'ab b. Malik reported from his father that he pressed in the mosque Ibn Abu Hadrad for the payment of the debt that he owed to him during the lifetime of Allah's Messenger (may peace be upon him). (In this altercation) their voices became loud, until Allah's Messenger (may peace be upon him) heard them, while he was in the house, so Allah's Messenger (may peace be upon him) came out towards them, and he lifted the curtain of his apartment and he called upon Ka'b b. Malik and said: O Ka'b. He said: At thy beck and call, Allah's Messenger. He pointed out with the help of his hand to remit half of the loan due to him. Ka'b said: Allah's Messenger, I am ready to do that, whereupon Allah's Messenger (may peace be upon him) said (to Ibn Abu Hadrad): Stand up and make him the payment (of the rest).

Book 010, Number 3781:

Ka'b b. Malik reported that he made a demand for the payment of the debt that Ibn Abu Hadrad owed to him. This hadith is narrated through another chain of transmitters and (the words are):" He had to get the loan from Abdullah b. Hadrad al-Aslami. He met him and pressed him for payment. There was an altercation between them, until their voices became loud. There happened to pass by them Allah's Messenger (may peace be upon him) and he said: O Ka'b, and pointed out with his hand in such a way as he meant half. So he got half of what he (Ibn Abu Hadrad) owed to him and remitted the half."


Chapter 26: IF THE BUYER BECOMES INSOLVENT AND THE SELLER FINDS THE COMMODITY SOLD TO THE BUYER INTACT, HE CAN TAKE IT BACK
Book 010, Number 3782:

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as saying: He who found his property intact with a person (who bought it but who later on) became insolvent (or a person who became insolvent), he (the seller) is entitled to get it more than anyone else. '

Book 010, Number 3783:

This hadith has been narrated on the authority of Yahya b. Sa'id with the same chain of transmitters (but with a slight variation of words and these are)" Whenever a man becomes poor."

Book 010, Number 3784:

Abu Huraira (Allah be pleased with him) reported Allah's Apostle (may peace be upon him) saying about a person who becomes insolvent and (the thing bought by him) is found intact with him, that belongs to one who sold it.

Book 010, Number 3785:

Abu Huraira (Allah be pleased with him) reported Allah's Apostle (may peace be upon him) as saying: When a man becomes insolvent (and the other) man (the seller) finds his commodity intact with him, he is more entitled to get it (than anyone else)

Book 010, Number 3786:

This hadith has been narrated on the authority of Qatada with the same chain of transmitters (but with a change of these words):" He is more entitled to get it than any other creditor."

Book 010, Number 3787:

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as saying: When a inan becomes insolvent, and the other person (seller) finds his goods intact with him, he is more entitled to get them than anyone else.


Chapter 27: MERIT OF GIVING RESPITE TO ONE WHO IS IN STRAITENED CIRCUMSTANCES
Book 010, Number 3788:

Hudhaifa reported Allah's Messenger (may peace be upon him) as saying The angels took away the soul of a person who had lived among people who were before you. They (the angels) said: Did you do anything good? He said: No. they said: Try to recall. He said: I used to lend to people and order my servants to give respite to one in straitened circumstances and give allowance to the solvent, for Allah, the Exalted and Majestic, said (to the angels): You should ignore (his failing).

Book 010, Number 3789:

Hudhaifa reported: A person met his Lord (after death) and He said: What (good) did you do? He said: I did no good except this that I was a rich man, and I demanded from the people (the repayment of debt that I advanced to them). I, however, accepted that which the solvent gave and remitted (the debt) of the insolvent, whereupon He (the Lord) said: You should ignore (the faults) of My servant. Abu Mas'ud (Allah be pleased with him) said: This is what I heard Allah's Messenger (may peace be upon him) as saying.

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