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 Commercial Transactions (Kitab Al-Buyu) 4

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PostSubject: Commercial Transactions (Kitab Al-Buyu) 4   Thu Jul 21, 2011 10:13 am

Book 010, Number 3883:

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

Book 010, Number 3884:

AI-Nu'man b. Bashir reported it from Allah's Apostle (may peace be upon him). The hadith narrated by Zakariya is, however, more complete and lengthy than the other ones.

Book 010, Number 3885:

Nu'man b. Bashir b. Sa'd, a Companion of Allah's Messenger (may peace be upon him) was heard delivering a sermon at Hims and was saying: I heard Allah's Messenger (way peace be upon him) as saying: The lawful is evident and the unlawful is evident, the rest of the hadith is the same as related by Zakariya.


Chapter 42: THE SELLING OF THE CAMEL AND STIPULATION OF RIDING ON IT
Book 010, Number 3886:

Jabir b. 'Abdullah (Allah be pleased with them) reported that he was travelling on his camel which had grown jaded, and he decided to let it off. When Allah's Apostle (may peace be upon him) met him and prayed for him and struck it, so it trotted as it had never trotted before. He said: Sell it to me for an 'uqaya. I said: No. He again said: Sell it to me. So I sold it to him for an 'uqaya, but made the stipulation that I should be allowed to ride back to my family. Then when I came to (my place) I took the camel to him and he paid me its price in ready money. I then went back and he sent: (someone) behind me (and as I came) he said: Do you see that I asked you to reduce price for buying your camel. Take your camel and your coins; these are yours.

Book 010, Number 3887:

This hadith has been narrated on the authority of Jabir through another chain of transmitters.

Book 010, Number 3888:

Jabir b. 'Abdullah (Allah be pleased with them) reported: I went on an expedition with Allah's Messenger (may peace be upon him). He overtook me and I was on a water-carrying camel who had grown tired and did not walk (trot). He (the Holy Prophet) said to me: What is the matter with your camel? I said: It is sick. He (the Holy Prophet) stepped behind and drove it and prayed for it, and then it always moved ahead of other camels. He (then) said: How do you find your camel? I said: It is, by the grace of your prayer, all right. He said: Would you sell this (camel) to me? I felt shy (to say him," No" ) as we had no other camel for carrying water, but (later on) I said: Yes, and to I sold it to him on the condition that (I would be permitted) to ride it until I reached Madina. I said to him: Allah's Messenger, I am newly married, so I asked his permission (to go ahead of the caravan). He permitted me, and I reached Medina well in advance of other people, until I reached my destination. There my maternal uncle met me and asked me about the camel, and I told him what I had done with regard to it. He reproved me in this connection. He (Jabir) said: When I asked his permission (to go ahead of the caravan) Allah's Messenger (may peace be upon him) inquired of me whether I had married a virgin or a non-virgin. I said to him: I have married a non-virgin. He said: Why did you not marry a virgin who would have played with you and you would have played with her? I said to him: Allah's Messenger, my father died (or he fell as a martyr), and I have small sisters to (look after), so I did not like the idea that I should marry a woman who is like them and thus be not able to teach them manners and look after them properly. So I have married a non-virgin so that she should be able to look after them and teach them manners, When Allah's Messenger (may peace be upon him) came to Medina, I went to him in the morning with the camel. He paid me its price and returned that (the camel) to me.

Book 010, Number 3889:

Jabir reported: We went from Mecca to Medina with Allah's Messenger (may peace be upon him) when my camel fell ill, and the rest of the hadith is the same. (But it in also narrated in it: ) He (the Holy Prophet) said to me: Sell your camel to me. I said: No, but it is yours. He said: No. (it can't be), but sell it to me. I said: No, but, Allah's Messenger, it is yours. He said: No, it can't be, but sell it to me. I said: Then give me an 'uqaya of gold for I owe that to a person and then it would be yours. He (the Holy Prophet) said: I take it (for an 'uqiya of gold) and you reach Medina on it. As I reached Medina, Allah's Messenger (may peace be upon him) said to Bilal: Give him an 'uqiya of gold and make some extra payment too. He (Jabir) said: He gave me an 'uqiya of gold and made an addition of a qirat. He (Jabir) said: The addition made by Allah's Messenger (may peace be upon him) was with me (as a sacred trust for belssing) and lay with me in a pocket until the people of Syria took it on the Day of Harra.

Book 010, Number 3890:

Jabir b. 'Abdullah (Allah be pleased with them) reported: We were with Allah's Messenger (may peace be upon him) in a journey and my camel meant for carrying water lagged behind. The rest of the hadith is the same and it is mentioned also: Allah's Messenger (may peace be upon him) pricked it and then said to me: Ride in the name of Allah. He constantly made addition (in prayers for me) and went on saying. May Allah forgive you!

Book 010, Number 3891:

Jabir (Allah be pleased with him) reported: My camel had grown tired as Allah's Messenger (may peace be upon him) came to me. He goaded it and it began to jump. After that I tried to restrain its rein so that I could listen to his (Prophet's) words, but I could not do that. Allah's Apostle (may peace be upon him) met me and said: Sell it to me, and I sold it for five 'uqiyas. I said: On the condition that I may use it as a ride (for going back) to Medina. He (the Holy Prophet) said: Well, you may use it as a ride up till Medina. When I came to Medina I handed over that to him and he made an addition of an uqiya (to that amount which had been agreed upon) and then presented that (camel) to me.

Book 010, Number 3892:

Abd Mutawakkil al-Najl reported from Jabir b. 'Abdullah (Allah be pleased with them) who said: I accompanied Allah's Messenger (may peace be upon him) in one of his journeys (the narrator says, he said in Jihad), and he narrated the rest of the hadith, and made this addition: He (the Holy Prophet) said: Jabir, have you received the price? I said: Yes, whereupon he said: Yours is the price as well as the camel; yours is the price as well as the camel.

Book 010, Number 3893:

Jabir b. 'Abdullah (Allah be pleased with them) reported: Allah's Messenger (may peace be upon him) bought a camel from me for two 'uqiyas and a dirham or two dirhams. As he reached Sirar (a village near Medina), he commanded a cow to be slaughtered and it was slaughtered, and they ate of that, and as he (the Holy Prophet) reached Medina he ordered me to go to the mosque and offer two rak'ahs of prayer, and he measured for me the price of the camel and even made an excess payment to me.

Book 010, Number 3894:

Jabir b. 'Abdullah (Allah be pleased with them) reported this narration from Allah's Apostle (may peace be upon him) but with this variation that he said: He (the Holy Prophet) bought the camel from me on a stipulated price. And he did not mention two 'uqiyas and a dirham or two dirhams, and he comanded a cow (to be slaughtered) and it was slaughtered, and he then distributed its flesh.

Book 010, Number 3895:

Jabir (Allah be pleased with him) reported that Allah's Apostle (may peace be upon him) said to him: I have taken your camelfor four dinars, and you may ride upon it to Medina.


Chapter 43: HE WHO TOOK SOMETHING AS A LOAN AND MADE ITS PAYMENT BACK, OVER AND ABOVE THAT (IS APPROVED) AND BEST AMONG YOU IS ONE WHO IS BEST IN MAKING PAYMENT
Book 010, Number 3896:

Abu Rafi' reported that Allah's Messenger (may peace be upon him) took from a man as a loan a young camel (below six years). Then the camels of Sadaqa were brought to him. He ordered Abu Rafi' to return to that person the young camel (as a return of the loan). Abu Rafi' returned to him and said: I did not find among them but better camels above the age of six. He (the Holy Propet) said: Give that to him for the best men are those who are best in paying off the debt.

Book 010, Number 3897:

Abu Rafi', the freed slave of Allah's Messenger (may peace be upon him), said: Allah's Messenger (may peace be upon him) took as a loan (the rest of the hadith is the same), but with this variation that he (the Holy Prophet) said: Good amongst the servants of Allah is he who is best in paying off the debt.

Book 010, Number 3898:

Abu Huraira (Allah be pleased with him) reported: Allah's Messenger (may peace be upon him) owed (something) to a person. He behaved in an uncivil manner with him. This vexed the Companions of the Holy Prophet (may peace be upon him), whereupon Allah's Apostle (may peace be upon him) said: He who has a right is entitled to speak, and said to them (his Companions): Buy a camel for him and give that to him. They said: We do not find a camel (of that age) but one with better age than that. He said: Buy that and give that to him, for best of you or best amongst you are those who are best in paying off debt.

Book 010, Number 3899:

Abu Huraira (Allah be pleased with him) reported: Allah's Messenger (may peace be upon him) took a camel on loan, and then returned him (the lender) the camel of a more mature age and said: Good among you are those who are good in clearing off the debt.

Book 010, Number 3900:

Abu Huraira (Allah be pleased with him) reported: There came a person demanding a camel from Allah's Messenger (may peace be upon him). He (the Holy Prophet) said: Give him (the camel) of that age or of more mature age, and said: Best among you is one who is best in clearing off the debt.


Chapter 44: PERMISSIBILITY OF SELLING AN ANIMAL FOR AN ANIMAL OF ITS KIND BY SUPERIORITY
Book 010, Number 3901:

Jabir (Allah be pleased with him) reported: There came a slave and pledg- ed allegiance to Allah's Apostle (may peace be upon him) on migration; he (the Holy Prophet) did not know that he was a slave. Then there came his master and demanded him back, whereupon Allah's Apostle (may peace be upon him) said: Sell him to me. And he bought him for two black slaves, and he did not afterwards take allegiance from anyone until he had asked him whether he was a slave (or a free man)


Chapter 45: PLEDGE AND ITS PERMISSIBILITY WHETHER AT RESIDENCE OR IN A JOURNEY
Book 010, Number 3902:

'A'isha (Allah be pleased with her) reported that Allah's Messenger (may peace be upon him) bought some grain from a Jew on credit and gave him a coat-of- mail of his as a pledge.

Book 010, Number 3903:

'A'isha (Allah be pleased with her) reported: Allah's Messenger (may peace be upon him) bought from a Jew grain (as loan) and pledged him his iron coat-of-mail.

Book 010, Number 3904:

'A'isha (Allah be pleased with her) reported that Allah's Messenger (may peace be upon him) bought from a Jew grain for a specified time; and gave him iron coat-of-mail of his as a pledge.

Book 010, Number 3905:

This hadith has been narrated on the authority of 'A'isha (Allah be pleased with her), through another chain ol transmitters, but no mention was made of (its being made) of iron.


Chapter 46: OF SALAM SALE
Book 010, Number 3906:

Ibn 'Abbas (Allah be pleased with them) reported that when Allah's Prophet (may peace be upon him) came to Medina, they were paying one and two years in advance for fruits, so he said: Those who pay in advance for anything must do so for a specified weight and for a definite time.

Book 010, Number 3907:

Ibn 'Abbas (Allah be pleased with them) reported that when Allah's Messenger (may peace be upon him) came to (Medina) and the people were paying in advance (for the fruits, etc.), he said to them: He who makes an advance payment should not make advance payment except for a specified measure and weight (and for a specified period).

Book 010, Number 3908:

Ibn Abu Najih has narrated a hadith like this with the same chain of transmitters, but he has not mentioned:" for a definite period".

Book 010, Number 3909:

This hadith has been narrated by Ibn Abu Najih through another chain of transmitters mentioning in it" for a specified period".


Chapter 47: HOARDING OF FOODSTUFF IS FORBIDDEN
Book 010, Number 3910:

Ma'mar (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as saying: He who hoards is a sinner. It was said to Sa'id (b. al-Musayyib): You also hoard. Sa'id said: Ma'mar who narrated this badith also hoarded.

Book 010, Number 3911:

Ma'mar b. Abdullah reported Allah's Messenger (may peace be upon him) as saying: No one hoards but the sinner.

Book 010, Number 3912:

This hadith has been transmitted on the authority of Sulaiman b. Bilal from Yahya.


Chapter 48: PROHIBITION OF TAKING OATH IN BUSINESS TRANSACTION
Book 010, Number 3913:

Abu Huraira (Allah be pleased with him) said he heard Allah's Messenger (may peace be upon him) as saying: Swearing produces a ready sale for a commodity, but blots out the blessing.

Book 010, Number 3914:

Abu Qatada al-Ansari (Allah be pleased with him) reported he heard Allah's Messenger (may peace be upon him) say: Beware of swearing; it produces a ready sale for a commodity, but blots out the blessing.


Chapter 49: SHUF'A (PRE-EMPTION)
Book 010, Number 3915:

Jabir b. 'Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) as saying: He who has a partner in a dwelling or a garden, it is not lawful for him to sell that until he is permitted by his partner. If he (the partner) agrees, he should go in for that, and if he disapproves of that, he should abandon (the idea of selling it).

Book 010, Number 3916:

Jabir bin 'Abdullah (Allah be pleased with them) said that the Messenger of Allah (may peace be upon him) decreed pre-emption in every joint ownership and not divided-the one-it may be a dwelling or a garden. It is not lawful for him (for the partner) to sell that until his partner gives his consent. He (the partner) is entitled to buy it when he desires and he can abandon it if he so likes. And if he (the one partner) sells it without getting the consent of the (other partner), he has the greatest right to it.

Book 010, Number 3917:

Jabir b. 'Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) as saying: There is pre-emption in everything which is shared, be it land, or a dwelling or a garden. It is not proper to sell it until he informs his partner; he may go in for that, or he may abandon it; and it he (the partner intending to sell his share) does not do that, then his partner has the greatest right to it until he permits him.


Chapter 50: FIXING A BEAM IN THE NEIGHBORS WALL
Book 010, Number 3918:

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as saying: None among you should prevent his neighbour from fixing a beam in his wall. Abu Huraira (Allah be pleased with him) then said: What is this that I see you evading (this injunction of the Holy Prophet)? By Allah, I will certainly throw it between your shoulders (narrate this to you.)

Book 010, Number 3919:

This hadith is narrated on the authority of Zuhri with the same chain of transrmitters.


Chapter 51: IT IS FORBIDDEN TO SEIZE LAND AND OTHER THINGS WITHOUT LEGITIMATE RIGHT
Book 010, Number 3920:

Sa'id b. Zaid b. 'Amr b. Nufail (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) as saying: He who wrongly took a span of land, Allah shall make him carry around his neck seven earths.

Book 010, Number 3921:

Sa'id b. Zaid b. 'Amr b. Nufail (Allah be pleased with them) reported that Arwi (bint Uwais) disputed with him (in regard to a part of the land) of his hodse. He said: Leave it and take off your claim from it, for I heard Allah's Messenger (may peace be upon him) as saying: He who took a span of land without his right would be made to wear around his neck seven earths on the Day of Resurrection. He (Sa'id b. Zaid) said: O Allah, make her blind if she has told a lie and make her grave in her house. He (the narrator) said: I saw her blind groping (her way) by touching the walls and saying: The curse of Sa'id b. Zaid has hit me. And it so happened that as she was walking in her house, she passed by a well in her house and fell therein and that be- came her grave.

Book 010, Number 3922:

Hisham b. Urwa reported on the authority of his father (Allah be pleased with him) that Arwa bint Uwais disputed with Sa'id b. Zaid that he had seized some of the land belonging to her. She brought this dispute before Marwan b. al-Hakam. Sa'id said: How could I take a part of her land, after what I heard from Allah's Messenger (may peace be upon'him)? He (Marwan) said: What did you hear from Allah's Messenger (may peace be upon him)? He said: I heard Allah's Messenger (may peace be upon him) say: He who wrongly took a span of land would be made to wear around his neck seven earths. Marwan said: I do not ask any evidence from you after this. He (Sa'id) said: O Allah, make her blind if she has told a lie and kill her in her own land. He (the narrator) said: She did not die until she had lost her eyesight, and (one day) as she was walking in her land, she fell down into a pit and died.

Book 010, Number 3923:

Sa'id b. Zaid reported: I heard Allah's Apostle (may peace be upon him) say: He who took a span of earth wrongly would be made to wear around his neck seven earths on the Day of Resurrection.

Book 010, Number 3924:

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace he upon him) as saying: One should not take a span of land without having legitimate right to it, otherwise Allah would make him wear (around his neck) seven earths on the Day of Resurrection.

Book 010, Number 3925:

Muhammad b. Ibrahim said that Abu Salama reported to him that there was between him and his people dispute over a piece of land, and he came to 'A'isha and mentioned that to her, whereupon she said: Abu Salama, abstain from getting this land, for Allah's Messenger (may peace be upon him) said: He who usurps even a span of land would be made to wear around his neck seven earths.

Book 010, Number 3926:

This hadith has been narrated on the authority of Abu Salama with another chain of transmitters.


Chapter 52: HOW MUCH LAND IS TO BE SPARED WHEN THERE IS DISAGREEMENT OVER THE BREADTH OF PATH
Book 010, Number 3927:

Abu Haraira reported Allah's Apostle (may peace be upon him) as saying: When you disagree about a path, its breadth should be made seven cubits.
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