Chapter 38. Book of the Salam* Sale

[*A sale in which the price is paid in advance for goods to be delivered later.]

I: The salam in respect of a specified measure

2124. It is related that Ibn 'Abbas said, "When the Messenger of Allah, may Allah bless him and grant him peace, came to Madina, people used to pay for fruit one or two years in advance (or he said, "two or three years." Isma'il was unsure.) He said, 'Whoever pays for dates in advance should only do so for a specified measure and specified weight."

This is related from Ibn Abi Najih, "a specified measure and specified weight."

II: The salam in respect of a specified weight

2125. It is related that Ibn 'Abbas said, "When the Prophet, may Allah bless him and grant him peace, came to Madina, they used to pay for dates two and three years in advance. He said, 'When anyone pays in advance for something, it must be for a specified measure and specified weight for a specified term."

It is related from Ibn Abi Najih, "Advance payment is made for a specified measure for a specified term."

2126. It is related that Ibn 'Abbas said, "The Prophet, may Allah bless him and grant him peace, came and said, "a specified measure and a specified weight for a specified term."

2127. It is related that Muhammad or 'Abdullah ibn Abi'l-Mujalid said, "'Abdullah ibn Shaddad ibn al-Hadi and Abu Burda disagreed about advance payment and they sent me to Ibn Abi Awfa and I asked him about it. He said, 'In the time of the Messenger of Allah, may Allah bless him and grant him peace, Abu Bakr and 'Umar, we used to make advance payment for wheat, barley, raisins and dates.' I also asked Ibn Abza and he said the same as that."

III: Salam made to someone who has no crop

2128. It is related that Muhammad ibn Abi'l-Mujalid said, "Abdullah ibn Shaddad ibn al-Hadi and Abu Burda sent me to 'Abdullah ibn Abi Awfa and said to me, 'Ask him whether in the time of the Prophet, may Allah bless him and grant him peace, the Companions of the Prophet used to make advance payment for wheat. 'Abdullah said, 'We used to make advance payments to the peasants of the people of Syria for wheat, barley and oil for a specified measure and for a specified time.' I said, 'To the person who possessed the crop?' He said, 'We did not use to ask about that.' Then they sent me to 'Abdu'r-Rahman ibn Abza and I asked him and he said, 'The Companions of the Prophet, may Allah bless him and grant him peace, used to make advance payments in the time of the Prophet, may Allah bless him and grant him peace, and we did not ask them whether they had the crops or not.'"

2129. This is related from Muhammad ibn Abi'l-Mujalid. He said, "We paid them in advance for wheat and barley."

It is related from Sufyan that ash-Shaybani said, "And oil."

It is related from Jarir that ash-Shaybani said, "Wheat, barley and raisins."

2130. It is related that Abu'l-Bakhtari at-Ta'i said, "I asked Ibn 'Abbas about salam in respect of palm-trees. He said, 'The Prophet, may Allah bless him and grant him peace, forbade selling the fruits of the palm until they were ready to eat and until they were weighed.' A man asked, 'What is meat by 'weighed'?' A man beside him said, 'until they are gathered in.'"

The same as that is related from Abu'l-Bakhtari from Ibn 'Abbas: "The Prophet, may Allah bless him and grant him peace, forbade..."

IV: The salam in respect of date-palms

2131. It is related that Abu'l-Bakhtari said, "I asked Ibn 'Umar about the salam in respect of palm-trees. He said, 'It was forbidden to sell the fruits of the palm until they were sound, and to sell silver for delayed payment for [gold] immediately received.'"

I asked Ibn 'Abbas about the salam in respect of palm-trees. He said, "The Prophet, may Allah bless him and grant him peace, forbade selling the fruits of the palm until they could be eaten and until they were weighed."

2132. It is related that Abu'l-Bakhtari said, "I asked Ibn 'Umar about the salam in respect of palm-trees. He said, 'The Prophet, may Allah bless him and grant him peace, forbade selling the fruit until they were sound and he forbade selling silver for delayed payment for [gold] immediately received.'

"I asked Ibn 'Abbas and he said, 'The Prophet, may Allah bless him and grant him peace, forbade selling the fruits of the palm until they were ready to eat and until they were weighed.' I said, 'What does it mean 'weighed'?' A man with him said, 'until they are gathered in.'"

V: The guarantor (kafil) in the salam

2133. It is related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, bought some food from a Jew to be paid for later, and left his iron armour with him as security."

VI: Leaving things as security in the salam

2134. It is related that al-A'mash said, "We were discussing leaving things as security in cases of advance payment with Ibrahim and he said, 'Al-Aswad related to me from 'A'isha that the Prophet, may Allah bless him and grant him peace, bought some food from a Jew to be paid at a later fixed date, and left his iron armour with him as security.'"

VII: The salam with a specified term

Ibn 'Abbas, Abu Sa'id, al-Aswad and al-Hasan said it was allowed.

Ibn 'Umar said, "There is no harm in a specified food for a specified price to a specified term as long as it is not crops whose soundness has not yet appeared."

2135. It is related that Ibn 'Abbas said, "When the Prophet, may Allah bless him and grant him peace, came to Madina, people were paying for things two and three years in advance. He said, 'Pay in advance for fruits for a specified measure and a specified term.'"

It is related from Ibn Abi Najih, "a specified measure and a specified weight."

2136. It is related that Muhammad ibn Abi'l-Mujalid said, "Abu Burda and Abdullah ibn Shaddad sent me to 'Abdu'r-Rahman ibn Abza and 'Abdullah ibn Abi Awfa and I asked them about advance payment and they said, "We used to get booty with the Messenger of Allah, may Allah bless him and grant him peace, and some of the peasants of Syria would come to us and we would pay them in advance for wheat, barley and raisins for a specified time.' I said, Did they own the crop or not?' He replied, 'We did not use to ask about that.'

VIII: The salam sale whose term is the time the she-camel gives birth

2137. It is related that 'Abdullah said, "We used to sell camels in the basis of habal al-habala and the Prophet, may Allah bless him and grant him peace, forbade it." Nafi' explained that as being concluded the time when the she-camel gives birth to what is in its womb.

Chapter 39. Book of Pre-emption (shuf'a)

I: Pre-emption applies to what has not been demarcated, but when there are clear boundaries, there is no pre-emption

2138. It is related that Jabir ibn 'Abdullah said, "The Messenger of Allah, may Allah bless him and grant him peace, judged that there was pre-emption in all undemarcated property. When there were clear boundaries and roads were clear, then there was no [right of] pre-emption."

II: Offering pre-emption to a partner before selling

Al-Hakam said, "When someone entitled to pre-empt gives his partner is permission before the sale, then he has no right of pre-emption afterwards."

Ash-Sha'bi said, "If something is sold in a situation where a person has the right of pre-emption, and he witnesses it and does not object, he has no right of pre-emption."

2139. It is related that 'Amr ibn ash-Sharid said, "I was standing with Sa'd ibn Abi Waqqas when al-Miswar ibn Makhrama came and put his hand on my shoulder. Then Abu Rafi', the client of the Prophet, may Allah bless him and grant him peace, came and said, 'Sa'd! Buy two rooms in my house from me.' Sa'd said, 'By Allah, I will not buy them.' Al-Miswar said, 'By Allah, you will buy them!' Sa'd said, 'By Allah, 'I will not pay more than four thousand in instalments.' Abu Rafi' said, 'I have been offered five hundred dinars for them. If it were not that I heard the Prophet, may Allah bless him and grant him peace, say, "A neighbour is more entitled by reason of his proximity," I would not give them to you for four thousand. I would sell them for five hundred dinars.' He sold them to Sa'd."

III Which neighbour is considered nearer?

2140. It is related from 'A'isha, "I said, 'Messenger of Allah, I have two neighbours. To which of them should I give?' He replied, 'To the one whose door is nearer to you.'"

Chapter 40. Book of Hiring

I: Hiring a righteous man

in accordance with the words of Allah Almighty, "The best person to hire is someone strong and trustworthy." (28:26)

A trustworthy custodian and someone not giving a post to person who is overly eager for it

2141. It is related from Abu Musa al-Ash'ari that the Prophet, may Allah bless him and grant him peace, said, "A trustworthy custodian who carries out what he is ordered to do cheerfully is one of those who give sadaqa."

2142. It is related that Abu Musa said, "I came to the Prophet, may Allah bless him and grant him peace, with two men of the Ash'ari tribe. I said, 'I did not know that they were seeking posts.' He said, 'We will not appoint to our posts any who seek them.'"

II: Herding sheep for money (qirats)

2143. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Allah did not send any Prophet but that he herded sheep." His Companions said, "Including you?" He said, "Yes, I used to herd them for money (qirats) for the people of Makka."

III: Hiring idolaters in case of necessity or if there are no Muslims available

The Prophet, may Allah bless him and grant him peace, hired Jews at Khaybar.

2144. It is related that 'A'isha said, "The Prophet, may Allah bless him and grant him peace, and Abu Bakr hired a man of the Banu ad-Dil from the Banu 'Abd ibn 'Adi as an expert guide, (khirrit means expert guide.) He had taken an oath of alliance with the family of al-'As ibn Wa'il and followed the religion of the unbelievers of Quraysh. They both trusted him and gave him their mounts and arranged with him to meet them at the cave of Thawr after three nights. He brought them their mounts on the morning of the third day whereupon they set off. 'Amir ibn Fuhayra and the Dili guide went with them. He took them below Makka on the coastal route."

IV: It is permitted for someone to hire another to work for him after three days or a month or part of a year, both parties should carry out the conditions they have stipulated when the stipulated time comes

2145. It is related that 'A'isha, the wife of the Prophet, said, "The Prophet, may Allah bless him and grant him peace, and Abu Bakr hired a man of the Banu ad-Dil as an expert guide even though he followed the religion of the unbelievers of Quraysh. They gave him their mounts and they arranged to meet him at the cave of Thawr after three nights and he brought them their mounts on the morning of the third day."

V: Hired men on expeditions

2146. It is related that Ya'la ibn Umayya said, "I went on the expedition of the Army of Hardship (Tabuk) with the Prophet, may Allah bless him and grant him peace. I think that was one my best deeds. An employee of mine fought with a man and one of them close his teeth on the other's finger and when he pulled out his finger the other's tooth fell out. He went to the Prophet, may Allah bless him and grant him peace, who denied his claim for compensation for the tooth, saying, 'Would you rather he had left his finger in your mouth so that you could gnaw on it (he said, 'I think he said, ' as a stallion gnaws')."

A similar story to this is related from the grandfather of 'Abdullah ibn Abi Mulayka - a man bit another man's hand and his tooth fell out and Abu Bakr denied the claim.

VI: When someone is hired and the period of employment is made clear to him but not the work, with reference to the words of Allah, "I would like to marry you to one of these two daughters of mine ...to His words...Allah is Guardian over what we say." (28:27-28)

To hire someone means to give him a wage. Part of it is what is said in consolation, "May Allah repay you!"

VII: It is permitted to hire someone to shore up a wall that is about to fall down

2147. It is related from Ubayy ibn Ka'b that the Messenger of Allah, may Allah bless him and grant him peace, quoted [the ayat], "They went on ... and found there a wall on the point of falling down." (18:77) (Sa'id said, "[He indicated the wall] with his hand like this" and he raised his hand and held it upright.)" Ya'la said, "I think that Sa'id said, 'He touched it with his hand and put it upright.' He said, 'If you had wanted, you could have taken a wage for doing that..'" Sa'id said, "A wage that we can eat with."

VIII: Hiring people up to the time of midday

2148. It is related from Ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "Your example and the example of the People of the Two Books is like that of a man who hired some employees and said, 'Who will work for me from morning to midday for a qirat?' So the Jews worked. Then he said, 'Who will work for me from midday to the 'Asr prayer for a qirat?' So the Christians worked. Then he said, 'Who will work for me from 'Asr until sunset for two qirats?' You are they. The Jews and Christians became angry and said, 'Why do we have more work and less wages?' He said, 'Have I given you less than what was due to you?' They said, 'No.' He said, 'That is my bounty which I give to whomever I wish.'"

IX: Hiring until the time of 'Asr prayer

2149. It is related from 'Abdullah ibn 'Umar ibn al-Khattab that the Messenger of Allah, may Allah bless him and grant him peace, said, "The example of you, the Jews and the Christians is like that of a man who employed some workers. He said, 'Who will work for me until midday for a qirat each?' The Jews worked for a qirat each. Then the Christians worked for a qirat each. Then you are those who work from the 'Asr prayer to sunset for two qirats each. The Jews and Christians got angry and said, 'We did more work but get less pay!' He said, 'Have I wronged you at all regarding anything which was due to you?' They said, 'No.' He said, 'That is my bounty which I give to whomever I wish.'"

X: The sin of someone who withholds the wages of an employee

2150. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Allah Almighty says, 'I will be an adversary against three people on the Day of Rising: a man who makes an agreement in My name and then betrays it, a man who sells a free man and consumes the proceeds, and a man who hires an employee and gets full work from him and then does not pay him his wages.'"

XI: Hiring from the time of 'Asr till nightfall

2151. It is related from Abu Musa that the Prophet, may Allah bless him and grant him peace, said, "The example of the Muslims, Jews and Christians is like that of a man who hires some people to work for him for a day until nightfall for a specified wage. They work until midday and say, 'We do not need the wage you stipulated for us and let the work we have done be discounted.' He says to them, 'Do not do that. Finish the rest of your work and take your wages in full.' They refuse and leave. He hires two workers after them and says to them, 'Finish the rest of this day and you will have the wage I stipulated for them.' They work until the time of the 'Asr prayer and say, 'Let our work be discounted and you keep the wage which you stipulated for us for doing it.' He says, 'Finish the rest of your work. There is only a little of the day left.' They refuse. He hires some more people to work for him for the rest of the day and they work for the rest of the day until the sun sets and they take the full wage of both of the other two groups. That is their example and the example of their non-acceptance of this light."

XII: Someone who hires another who neglects to take his wage and then the employer uses that money and it increases, or someone who uses someone else's money which increases

2152. It is related from 'Abdullah ibn 'Umar that he heard the Messenger of Allah. may Allah bless him and grant him peace, say, "Three men among those before you were out walking. When night fell they took refuge in a cave and entered it and a rock fell down from the mountain and blocked their way out of the cave. They said, 'You will not be delivered from this rock unless you make supplication to Allah by your virtuous actions!' One of them said, 'O Allah, I have two aged parents and I used not to give any milk in the evening to my family or friends before them. One evening I went a long way to get something and did not reach them until after they had gone to sleep. I milked their evening drink for them and then found them asleep. I did not want to give my family or friends their evening drink before them so I remained with the cup in my hand waiting for them to wake up until dawn came. Then they woke up and drank their drink. O Allah, if I did that out of the desire for Your pleasure, then release us from this situation we are in respect of this rock.' A little gap opened but they still could not get out."

The Prophet, may Allah bless him and grant him peace, said, "Another said, 'O Allah! A niece of mine used to be the person I loved more than anyone else. I tried to seduce her and she refused me until one year she was suffering on account of a drought. She came to me and I gave her a hundred and twenty dinars provided that she would give me a free hand with herself. She did that until I was about to have her and she said, "It is not lawful for you to deflower without marriage." I gave up the idea of sexual intercourse with her and left her even though she was the person I loved more than any other. However, I still left the gold I had given her. O Allah, if I did that out of the desire for Your pleasure, then release us from the situation we are in!' The rock opened further but not enough to enable them to leave."

The Prophet, may Allah bless him and grant him peace, said, "The third one said, 'O Allah, I employed workers and gave them their wages except for one man who left what he was owed and went off. I invested his wage and the wealth from it multiplied. He came to me after a time and said, "'Abdullah, pay me my wage!" I said, "All the camels, cattle, sheep and slaves that you see here have come from your wage." He said, "'Abdullah, are you making fun of me?" I said, "No, I am not making fun of you." He took all of them and drove them off not leaving anything. O Allah, if I did that out of the desire for Your pleasure, then release us from the situation we are in!' The stone moved out of the way and they walked out."

XIII: Someone who lets himself be hired to carry things on his back and then gives his wage away as sadaqa, and the wages of porters

2153. It is related that Abu Mas'ud al-Ansari said, "When the Messenger of Allah, may Allah bless him and grant him peace, commanded us to give sadaqa, we used to go to the market and carry things and get a mudd. Some of us now have a hundred thousand." Shaqiq said, "We think he meant himself."

XIV: Wages of brokers

Ibn Sirin, 'Ata', Ibrahim and al-Hasan did not think that there was any harm in a broker reveiving a wage.

Ibn 'Abbas said, "There is no harm in someone saying, 'Sell this garment and whatever is more than such-and-such is yours.'"

Ibn Sirin said, "There is no harm in someone saying, 'Sell it for such-and-such and whatever profit there is belongs to you, or should be shared between you and me.'"

The Prophet, may Allah bless him and grant him peace, said, "Muslims abide by their conditions."

2154. It is related from Ibn 'Abbas, "The Prophet, may Allah bless him and grant him peace, forbade going out to meet caravans and that a townsman sell on behalf of men of the desert." Tawus said, "I asked, 'Ibn 'Abbas, what is meant by his words, "What does he means by 'townsmen should not sell on behalf of men of the desert'?" He said, "They should not act as his broker."

XV: Is a Muslim permitted to hire himself to an idolater in the Land of War?

2155. It is related that Khabbab said, "I used to be a blacksmith and I did some work for al-'As ibn Wa'il. He owed me some money, so I went to him to ask for it. He said, 'By Allah, I will not pay it to you until you reject Muhammad.' I said, 'By Allah, not until you die and are resurrected from the dead.' He said, 'So I will die and be resurrected?' I said, 'Yes.' He said, 'So then I will be given wealth and children and I will pay you.' So Allah Almighty revealed, 'Have you seen him who rejects Our Signs and says, "I will certainly be given wealth and children there"?' (19:77))"

XVI: What is paid for making incantation with the Fatiha of the Book over Arab tribes

Ibn 'Abbas reported from the Prophet, may Allah bless him and grant him peace, "That for which a man is most entitled to take a wage is the Book of Allah."

Ash-Sha'bi said, "A teacher should not stipulate any wage, but if he is given something, he should accept it." Al-Hakam said, "I did not hear of anyone disliking paying teachers a wage." Al-Hasan paid ten dirhams and Ibn Sirin did not see any harm in a wage being given to official distributors." He said, "It was said that suht (ill-gotten gains) refers to bribes given to secure favourable judgements. People used to be paid for estimating."

2156. It is related that Abu Sa'id said, "A group of the Companions of the Prophet, may Allah bless him and grant him peace, went on a journey and halted near one of the Arab tribes. They asked them for hospitality but they refused to give them any. The chief of that tribe was bitten or stung [by a snake or scorpion] and they tried everything, but nothing helped. One of them said, 'If you were to go to those people who camped, perhaps one of them has something.' So they went to them and said, 'Our chief has been stung and we have tried everything but nothing has helped him. Does any of you have anything [which will help]?' One of them said, 'Yes, by Allah. I can recite an incantation, but, by Allah, we asked you for hospitality and you did not give it to us. I will not recite it for you until you stipulate a payment for us.' They agreed to pay them a certain number of sheep. He spat on it and recited, 'Praise be to Allah, the Cherisher and Sustainer of the worlds.' It was as if the chief was released from a hobble and he began to walk and there was nothing wrong with him. He said, 'Pay them their wage which you agreed with them.' One of the [Muslims] said, 'Divide it up.' The one who had recited said, 'Do not do it until we reach the Prophet, may Allah bless him and grant him peace. We will tell him what happened and see what he commands us.' They went to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned it to him. He said, 'How did you know that it is an incantation?' Then he said, 'You were right. Divide and give me a share as well.' The Messenger of Allah, may Allah bless him and grant him peace, laughed."

It is related that Abu Bishr heard Abu'l-Mutawakkil relate this.

XVII: The levy on a slave and the paying of the levies of a slavegirl

2157. It is related that Anas ibn Malik said, "Abu Tayyiba cupped the Prophet, may Allah bless him and grant him peace, and he commanded a sa' or two sa's of food to be given to him and told his owners to reduce his levy or tax."

XVIII: The wages of a cupper

2158. It is related that Ibn 'Abbas said, "The Prophet, may Allah bless him and grant him peace, was cupped and paid the cupper."

2159. It is related that Ibn 'Abbas said, "The Prophet, may Allah bless him and grant him peace, was cupped and paid the cupper his wage. If he knew it was disliked, he would not have paid him."

2160. It is related that Anas said, "The Prophet, may Allah bless him and grant him peace, was cupped and never withheld anyone's wages."

XIX: Someone telling the owners of a slave to lessen his levy

2161. It is related that Anas ibn Malik said, "The Prophet, may Allah bless him and grant him peace, called for a slave who was a cupper and he cupped him and he commanded a sa' or two sa's or a mudd or two mudds to be given to him and spoke [to his owners] about him to reduce his levy."

XX: Earnings from prostitution and slavegirls

Ibrahim disliked paying wages to a wailer or a singing-girl.

The words of Allah Almighty, "Do not force your slavegirls to prostitute themselves if they desire to be virtuous women out of your desire for the goods of this world. If anyone forces them, after they have been forced, Allah is Ever-Forgiving, Most Merciful." (24:33) "Fatayatikum means your slavegirls."

2162. It is related from Abu Mas'ud al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, forbade the proceeds from the sale of dogs, money earned through prostitution and the earnings of a soothsayer."

2163. It is related that Abu Hurayra said, "The Prophet, may Allah bless him and grant him peace, forbade the earnings of slavegirls."

XXI: The semen of male camels

2164. It is related that Ibn 'Umar said, "The Prophet, may Allah bless him and grant him peace, forbade selling the semen of the male camel."

XXII: When someone rents land and then  he or the owner dies

Ibn Sirin said, "His family cannot evict him until the end of the lease."

Al-Hakam, al-Hasan and Iyas ibn Mu'awiya said, "The lease lasts for its term."

Ibn 'Umar said, "The Prophet, may Allah bless him and grant him peace, rented out Khaybar for half its yield. That was in the time of the Prophet, may Allah bless him and grant him peace, and Abu Bakr and the beginning of the khalifate of 'Umar." He did not mention that Abu Bakr and 'Umar renewed the rent after the death of the Prophet, may Allah bless him and grant him peace.

2165. It is related that 'Abdullah ibn 'Umar said, "The Messenger of Allah, may Allah bless him and grant him peace, rented Khaybar to the Jews to work it and cultivate it on the basis that they would have half of what it produced." 'Umar related that the fields were rented for something [of the yield]. "Nafi' specified it but I do not remember what it was." Rafi' ibn Khadij said, "The Prophet, may Allah bless him and grant him peace, forbade renting out fields."

'Ubaydullah related from Nafi' from Ibn 'Umar, "until 'Umar expelled them."

Chapter 41. Book of Hawala (Debt-transfer)

I: On transferring a debt and whether it can be retracted

Al-Hasan and Qatada said, "If someone possessed wealth on the day it [a debt] was transferred to him, the transfer is permitted." Ibn 'Abbas said, "When two partners or heirs break up, and one of them takes assets and the other takes debts which prove to be uncollectable for him, the latter has no claim against the former."

2166. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Procrastination on the part of a rich man is injustice. If the debt of one of you is owed is transferred to a rich man, it should be allowed to take place."

II: When a debt is transferred to another man it is irrevocable

2167. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Procrastination on the part of a rich man is injustice. If the debt of one of you is owed is transferred to a rich man, it should be allowed to take place."

III: It is permitted for the debts of a dead person to be transferred to someone else

2168. It is related that Salama ibn al-Akwa' said, "One day we were sitting with the Prophet, may Allah bless him and grant him peace, when a dead man was brought for burial. They said, 'Pray over him.' He said, 'Has he any debts?' They answered, 'No.' He asked, 'Has he left anything?' They said, 'No,' so he prayed over him. Then another dead man was brought for burial and they said, 'Messenger of Allah, pray over him.' He asked, 'Has he any debts?' It was said, 'Yes.' He said, 'Has he left anything?' They replied, 'Three dinars.' He prayed over him. Then a third was brought and they said, 'Pray over him.' He asked, 'Has he left anything?' They answered, 'No.' He asked, 'Has he any debts?' They said, 'Three dinars.' He said, 'Pray over your companion.' Abu Qatada said, 'Messenger of Allah, pray over him and I will pay his debt.' So he prayed over him."

Chapter 42. Book of Sureties (Kafala)

I: When people or other things are taken as surety for loans or debts

Muhammad ibn Hamza ibn 'Amr al-Aslami said from his father that 'Umar sent him to collect zakat. There he found a man who had had intercourse with his wife's slavegirl and Hamza took sureties from the man to ensure that he appeared before 'Umar. 'Umar gave him a hundred lashes. 'Umar confirmed their story and excused the man because of his ignorance.

Jarir and al-Ash'ath said to 'Abdullah ibn Mas'ud about apostates, "Ask them to repent and take sureties from them." They repented and their tribe was their surety. Hammad said, "When a person stands as surety for someone else who dies, he is absolved from his undertaking." Al-Hakam said, "He remains as a guarantee."

2169. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, mentioned that a man of the tribe of Isra'il asked another of the tribe of Isra'il to lend him a thousand dinars. He said, "Bring me witnesses so I can have testimony." He said, "Allah is enough as a witness." He said, "Bring me a surety." He said, "Allah is enough as a surety." He said, "You have spoken the truth," and he lent it to him for a fixed term. The man set out over the sea and accomplished what he wanted. Then he looked for a boat in which he could sail so as to arrive back to meet the deadline he had set, but could find none. So he took a piece of wood, bored a hole in it, put the thousand dinars and a note from himself to his friend inside it, closed up the hole and took it down to the sea. He said, "O Allah, You know that I borrowed a thousand dinars from so-and-so and he asked me for a surety and I said, 'Allah is enough as a surety,' and he was satisfied with You. He asked me for a witness and I said, 'Allah is enough as a witness' and he was satisfied with You. I have tried to find a boat to send him what he is owed, but I have not been able to find one. Therefore, I have entrusted it to You." He threw it into the sea until it disappeared into the distance. Then he left and began to look for a ship to return to his country. The man who had lent the money to him went out looking to see if a ship had come with it and lo and behold there was the piece of wood containing the money. He took it to use as firewood for his family. When he sawed it up, he discovered the money and the note. Then the one who had borrowed it arrived, bringing another thousand dinars. He said, "By Allah, I tried to find a boat to bring you your money but found none before the one I came in. He said, "Did you send me something?" He said, "I tell you that I found no ship before the one I came in." He said, "Allah has delivered for you that which you sent in the wood, so go in right guidance together with your thousand dinars."

II: The words of Allah Almighty, "If you have a bond with people, give them their share" (4:33)

2170. It is related from Sa'id ibn Jubayr that Ibn 'Abbas said about "We have appointed heirs (mawali) for everything" that mawali are heirs. He said about "Those with whom you have a bond," "When the Muhajirun came to Madina, a Muhajir would inherit from an Ansari rather than his own relatives because of the brotherhood which the Prophet, may Allah bless him and grant him peace, had established between them. When it was revealed, 'We have appointed heirs (mawali) for everything,' this practice was abrogated." Then he said, "Those with whom you have a bond,' referred only to help, co-operation and good advice. Inheritance was abolished but it was permitted to leave them legacies."

2171. It is related that Anas said, "'Abdu'r-Rahman ibn 'Awf came to us and the Messenger of Allah, may Allah bless him and grant him peace, established a bond of brotherhood between him and Sa'd ibn ar-Rabi'."

2172. It is related that 'Asim said, "I said to Anas, 'Have you heard that the Prophet, may Allah bless him and grant him peace, said, "There is no hilf alliance in Islam"?' He replied, 'The Prophet, may Allah bless him and grant him peace, made a hilf alliance between Quraysh and the Ansar in my house.'"

III: Someone who makes himself a surety for the debts of a dead person cannot renege on that

Al-Hasan said that.

2173. It is related from Salama ibn al-Akwa' that a dead man was brought for burial to the Prophet, may Allah bless him and grant him peace, for him to pray over and he asked, "Has he any debts?" They answerted, "No," and he prayed over him. Then he was brought another man for burial and he asked, "Has he any debts?" They said, "Yes," and he said, "Pray over your companion." Abu Qatada said, "I will take on his debt, Messenger of Allah." So he prayed over him.

2174. It is related that Jabir ibn 'Abdullah said, "The Prophet, may Allah bless him and grant him peace, said, 'If the money from Bahrayn comes, I will give you such-and-such.' The money from Bahrayn did not come until after the Prophet, may Allah bless him and grant him peace, had died. When the money of Bahrayn arrived, Abu Bakr commanded that it be announced, 'Whoever has a promise from the Prophet, may Allah bless him and grant him peace, or a debt should come to us.' I came to him and said, 'The Prophet, may Allah bless him and grant him peace, told me such-and-such.' He gave me a double handful and I counted them and there were five hundred. He said, 'Take twice as much again.'"

[This was the jizya tax.]

IV: The protection and promise granted to Abu Bakr during the time of the Prophet

2175. It is related that 'A'isha, the wife of the Prophet, said, "I only remember my parents following the deen."

It is related that 'A'isha, the wife of the Prophet, said, "I only remember my parents following the deen. Not a day passed by without the Messenger of Allah, may Allah bless him and grant him peace, coming to us at the two ends of the day, morning and evening. When the Muslims were being persecuted, Abu Bakr departed for Abyssinia as an emigrant until he reached Bark al-Ghimad where he met Ibn ad-Daghina, the chief of the al-Qara tribe. He asked, 'Where are you going, Abu Bakr?' Abu Bakr replied, 'My people have driven me out. I am intending to travel in the earth and to worship my Lord.' Ibn ad-Daghina said, 'Someone like you should not leave nor be driven out. You help the poor, maintain your ties of kinship, give surety for orphans, give hospitality to guests and help people in times of trouble. I am your protector, so return and worship your Lord in your own land.' Ibn ad-Daghina travelled and returned with Abu Bakr and went around to the nobles of the unbelievers of Quraysh and said to them, 'Someone like Abu Bakr should not leave nor be expelled. Will you expel a man who helps the poor, maintains ties of kinship, gives surety for orphans, gives hospitality to guests and helps people in times of trouble?' Quraysh allowed the protection of Ibn ad-Daghina and gave security to Abu Bakr. They said to Ibn ad-Daghina, 'Tell Abu Bakr to worship his Lord in his house and to pray and recite as he likes but not to bother us with it, and he should not make it public. We fear that he will seduce our sons and women.' Ibn ad-Daghina told that to Abu Bakr and Abu Bakr began to worship his Lord in his house and not to do the prayer publicly or recite outside of his house. Then it occurred to Abu Bakr to build a mosque in the courtyard of his house and he began to pray in it and recite Qur'an, and the women and sons of the idolaters crowded around, admiring and looking at it. Abu Bakr was a man prone to weeping and he could not hold back his tears when he recited Qur'an. That alarmed the nobles of Quraysh who were idolaters and they sent to Ibn ad-Daghina who came to them. They said to him, 'We gave protection to Abu Bakr on condition that he would worship his Lord in his house and he has exceeded that and built a mosque in the courtyard of his house and has done the prayer and recitation publicly. We are afraid that he will seduce our sons and women. Go to him. If he wants to confine himself to worshipping his Lord in his house, he should do it. If he refuses not to do it in public, then ask him to return your pledge of protection to you. We dislike to break your pledge but we will not allow Abu Bakr to worship in public.'"

'A'isha said, "Ibn ad-Daghina went to Abu Bakr and said, 'You know the basis on which I gave you the pledge of protection. Either confine yourself to that or return my pledge to me. I do not want to hear the Arabs say that I broke my pledge to a man to whom I had given it.' Abu Bakr said, 'I return your protection to you. I am satisfied with the protection of Allah.' At that time the Messenger of Allah, may Allah bless him and grant him peace, was still in Makka. The Messenger of Allah, may Allah bless him and grant him peace, said, 'I have been shown your place of emigration. I saw salty land with palm-trees between two lava-fields.' When the Messenger of Allah, may Allah bless him and grant him peace,mentioned that, some people emigrated to Madina and some of those who had emigrated to the land of Abyssinia returned from there to Madina. Abu Bakr prepared to emigrate and the Messenger of Allah, may Allah bless him and grant him peace, said to him, 'Take your time. I hope to be given permission.' Abu Bakr said, 'My father be your ransom, do you hope for that?' He said, 'Yes.' Therefore Abu Bakr kept himself back to accompany the Messenger of Allah, may Allah bless him and grant him peace. He fed two riding-camels he had on acacia leaves for four months."

V: Debts

2176. It is related from Abu Hurayra that when a dead man with debts was brought to the Messenger of Allah, may Allah bless him and grant him peace, he used to ask, "Has he left any surplus to pay his debts with?" If he was told that he had left enough to pay his debts, he would do the prayer over him. Otherwise he told the Muslims, "Pray over your companion." When Allah granted him victories, he said, "I have more right to be the protector of the believers than themselves. If any believer dies leaving a debt, I will pay it. If anyone leaves property, it goes to his heirs."

Chapter 43. Book of Authorisation (Wakala)

I: A partner authorising another partner to act on his behalf in respect of distribution and other things

The Prophet, may Allah bless him and grant him peace, gave 'Ali authorisation to act on his behalf in dealing with his sacrificial animals and then commanded him to distribute them.

2177. It is related that 'Ali said, "The Messenger of Allah, may Allah bless him and grant him peace, ordered me to give away in sadaqa the cloths and skins of the camels which had been sacrificed."

2178. It is related from 'Uqba ibn 'Amir that the Prophet, may Allah bless him and grant him peace, gave him some sheep to distribute among his Companions. A lamb remained over and he mentioned it to the Prophet, may Allah bless him and grant him peace, who said, "You sacrifice it."

II: It is permitted for a Muslim to give authorisation to act to a harbi in the Abode of War or in the Land of Islam

2179. It is related that 'Abdu'r-Rahman ibn 'Awf said, "I wrote a document in conjunction with Umayya ibn Khalaf that he would protect my property in Makka and I would protect his property in Madina. When I mentioned "ar-Rahman", he said, 'I do not recognise "ar-Rahman". Write it for me in the name you used to have in the time of Jahiliyya.' So I wrote: ''Abdu 'Amr.' On the day of Badr, I went up the mountainside to give him protection when the people were asleep. Bilal saw him and went up to the group of the Ansar and said, 'There is Umayya ibn Khalaf! I would rather die than see Umayya saved!' A group of the Ansar went out with him after us. When I feared they were catching up with us, I left his son behind with them in order to distract them but they killed him. Then they insisted on coming after us. He was a large man and when they came up to us, I said to him, 'Kneel down' and he knelt down and I laid myself on top of him to protect him but they got their swords through under me until they had killed him. One of them hit my foot with his sword." He said, "'Abdu'r-Rahman ibn 'Awf used to show us that mark on the back of his foot."

III: Authorisation to act on one's behalf in respect of money-changing and weighing

'Umar and Ibn 'Umar used to authorise others to act on their behalf in money-changing transactions.

2180. It is related from Abu Sa'id al-Khudri and Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, appointed a man as an agent in Khaybar who brought them some dates of a really excellent kind. He said, "Are all the dates of Khaybar like this?" He said, "We take one sa' of this kind for two sa's and two sa'sfor three sa's." He said, "Do not do that. Sell the worse ones for dirhams and then buy the good ones with those dirhams." He said the same thing about weighing.

IV: If a shepherd or a deputy sees a sheep dying, or something going bad, he can slaughter it or put right what he fears will be spoiled

2181. It is related from Ibn Ka'b ibn Malik from his father that they had some sheep which grazed at Sal'. He said, "One of our slavegirls saw one of our sheep dying. She split a stone and slaughtered it with it. My father said to them, 'Do not eat until I ask the Prophet, may Allah bless him and grant him peace, (or 'I will send someone to the Prophet, may Allah bless him and grant him peace, to ask him') and he asked the Prophet, may Allah bless him and grant him peace, about that (or he sent a message) and he instructed him to eat."

'Ubaydullah said, "I appreciated the fact that although she was a slavegirl she had slaughtered."

'Abda corroborated it from 'Ubaydullah.

V: It is permitted to authorise someone whether he is present or absent

'Abdullah ibn 'Amr wrote to his deputy who was absent to pay zakat on behalf of his family, both young and old.

2182. It is related that Abu Hurayra said, "The Prophet, may Allah bless him and grant him peace, owed a man a camel of a certain age and he came to him to ask for it. He said, 'Give it to him.' They looked for one of that age, but only found one which was older. He said, 'Give it to him.' He said, 'You have given me full payment. May Allah give you full payment!' The Prophet, may Allah bless him and grant him peace, said, 'The best of you is he who is most generous in settlement.'"

VI: Authorisation in respect of settling debts

2183. It is related from Abu Hurayra that a man came to ask the Prophet, may Allah bless him and grant him peace, to pay his debts and spoke coarsely. His Companions wanted to attack him but the Messenger of Allah, may Allah bless him and grant him peace, said, 'Leave him alone. The one with a right can speak.' Then he said, 'Give him one the right age for the one he is owed.' They said, "Messenger of Allah, we can only find an older, more valuable one.' He said, 'Give to him. The best of you is he who is most generous in settlement."

VII: It is permitted to give something to a deputy or a people's mediator, going by the words of the Prophet, may Allah bless him and grant him peace, to the delegation of Hawazin when they asked him for booty and the Prophet, may Allah bless him and grant him peace, said, "My share is yours."

2184. It is related from Marwan ibn al-Hakam and al-Miswar ibn Makhrama that when the delegation of Hawazin came to the Messenger of Allah, may Allah bless him and grant him peace, as Muslims, he stood up. They asked him to restore to them their property and their people who had been captured. The Messenger of Allah, may Allah bless him and grant him peace, said to them, 'The statement I love the most is the one which is most sincere. Choose one of the two - either the captives or the property. I have delayed distributing them.' The Messenger of Allah, may Allah bless him and grant him peace, had waited for them for about ten days after returning from Ta'if. When it was apparent to them that the Messenger of Allah, may Allah bless him and grant him peace, would only return one of the two to them, they said, 'We will take the captives.' The Messenger of Allah, may Allah bless him and grant him peace, got up among the Muslims and praised Allah as He deserves and then said, 'Following on from that: these brothers of yours have come in repentance and I think that the captives should be returned to them. Any of you who are happy with this should do that. Any of you who want to keep their share until we can pay him from the first spoils which Allah brings us may do that. The people said, 'We are happy to do that in their case for the sake of the Messenger of Allah, may Allah bless him and grant him peace.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'We do not know which of you have allowed it and which have not. Go back so that your leaders can inform us of your decision.' The people went back and their leaders spoke to them and then they returned to the Messenger of Allah, may Allah bless him and grant him peace, and told him, 'They are happy with that and give their permission.'"

VIII: If one man authorises another to give something without making it clear how much, he should give according to what is common practice among the people

2185. It is related that Jabir ibn 'Abdullah said, "I was on a journey with the Prophet, may Allah bless him and grant him peace,and I was on a slow camel which was right at the rear. The Prophet, may Allah bless him and grant him peace, passed by me and said, 'Who is this?' I said, 'Jabir ibn 'Abdullah.' He said, 'What is wrong with you?' I said, 'I am on a slow camel.' He said, 'Do you have a stick with you?' I said, 'Yes.' He said, 'Give it to me.' I gave it to him and he hit the camel and chided it. It went from that place right up to the front. He said, 'Sell it to me.' I said, 'No, it is yours, Messenger of Allah.' He said, 'Sell it to me. I will buy it for four dinars and you can ride it to Madina.' When we drew near to Madina, I began to ride off. He said, 'Where are you going?' I said, 'I have married a woman who is a widow.' He said, 'Why not a virgin with whom you could sport and who could sport with you?' I said, 'My father died and left daughters, so I wanted to marry a woman with experience who was a widow.' He said, 'That's good.' When we arrived in Madina, he said, 'Bilal, pay him and give him extra.' He gave him four dinars and added a qirat to it." Jabir said, "That extra qirat from the Messenger of Allah, may Allah bless him and grant him peace, has never left me." The qirat did not leave the pocket of Jabir ibn 'Abdullah.

IX: A woman giving the ruler authority in respect of her marriage

2186. It is related that Sahl ibn Sa'd said, "A woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, I have given myself to you (to dispose of in marriage).' A man said, 'Marry her to me.' He said, 'We marry her to you for what you know of the Qur'an.'"

X: If someone authorises another and the authorised person hands over something, and the authoriser allows that, it is permitted. It is also permitted for him to lend for a specified period

2187. It is related that Abu Hurayra said, "The Messenger of Allah, may Allah bless him and grant him peace, put me in charge of guarding the zakat of Ramadan. Someone came to me and began to take handfuls of food. I grabbed him and said, 'By Allah, I will take you to the Messenger of Allah, may Allah bless him and grant him peace!' He said, 'I am needy and have a large family and I am in dire need.'" He said, "I let him go and in the morning the Prophet, may Allah bless him and grant him peace, said, 'Abu Hurayra, what did you do with your prisoner yesterday?'" He said, "I said, 'Messenger of Allah, he complained of dire need and a large family, so I showed mercy to him and let him go on his way.' He said, 'He lied to you and he will come back.' So, from the words of the Messenger of Allah, may Allah bless him and grant him peace, 'he will come back.', I knew that he would come back. Therefore, I lay in wait for him and he came and once more began to take handfuls of food. I seized him and said, 'I will take you to the Messenger of Allah, may Allah bless him and grant him peace!' He said, 'Let me go. I am in need and have a large family. I will not come back again.' I had mercy on him and let him go his way. In the morning the Messenger of Allah, may Allah bless him and grant him peace, said to me, 'Abu Hurayra, what did you do with your prisoner yesterday?' I said, 'Messenger of Allah, he complained of dire need and a large family, so I showed mercy to him and let him go on his way.' He said, 'He lied to you and he will come back.' So I lay in wait for him a third time and he came and began to take handfuls of food. I grabbed him and said, 'I will take you to the Messenger of Allah, may Allah bless him and grant him peace! This is the third time. You claimed you would not come back and then you came back.' He said, 'Let me go. I will teach you some words which will help you with Allah.' I said, 'What are they?' He said, 'When you go to bed, recite the Throne Verse, "Allah, there is no god but Him, the Living, the Self-Sustaining..." to the end of the ayat. You will have someone guarding over you from Allah and shaytan will not come near you until morning.' So I let him go his way. In the morning, the Messenger of Allah, may Allah bless him and grant him peace, said to me, 'What did you do with your prisoner yesterday?' I said, 'Messenger of Allah, he claimed that he would teach me some words which would help me with Allah, so I let him go his way.' He said, 'What are they?' I said, 'He said to me, "When you go to bed, recite the Throne Verse to the end: 'Allah, there is no god but Him, the Living, the Self-Sustaining'." He said to me, "You will have someone guarding over you from Allah and shaytan will not come near you until morning."' (They were exceedingly eager for good.) The Prophet, may Allah bless him and grant him peace, said, "He told you the truth even though he is a liar. Do you know whom you were speaking with on these three days, Abu Hurayra?'" He said, "No." The Prophet said, "It was Shaytan."

XI: If an authorised deputy sells something spoiled, his sale is null and void

2188. It is related that Abu Sa'id al-Khudri said, "Bilal brought some Barni dates to the Prophet, may Allah bless him and grant him peace, and the Prophet, may Allah bless him and grant him peace, said to him, 'Where did you get these from?' Bilal said, 'We had some bad dates and I sold two sa's of them for one sa' so that we could feed the Prophet, may Allah bless him and grant him peace.' The Prophet, may Allah bless him and grant him peace, then said, 'Oh! Oh! Usury itself! Usury itself! Do not do it. If you want to buy, then sell the dates in a separate sale and then buy the (other dates).'"

XII: Authorisation in respect of a waqf and its administration. The administrator may feed his friends and eat reasonably

2189. It is related that 'Amr said about the sadaqa (i.e. waqf) of 'Umar, "It is no sin for the trustee to eat and give to eat so long as there is no gain of wealth. Ibn 'Umar was in charge of the sadaqa of 'Umar. He used to give some of it to people he stayed with in Makka."

XIII: Authorisation in respect of the hudud punishments

2190. It is related from Zayd ibn Khalid and Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Unays, go to the wife of this man and if she confesses, then stone her."

2191. It is related that 'Uqba ibn al-Harith said, "An-Nu'ayman or the son of an-Nu'ayman was brought in a state of drunkenness, and the Messenger of Allah, may Allah bless him and grant him peace, commanded those in the house to beat him." He said, "I was one of those who beat him. We beat him with sandals and palm fronds."

XIV: Authorisation in respect of sacrificial camels and looking after them

2192. It is related that 'A'isha said, "I plaited the garlands of the sacrificial animals of the Messenger of Allah, may Allah bless him and grant him peace, with my own hands and then the Messenger of Allah, may Allah bless him and grant him peace, hung them round their necks with his own hands and then sent them with my father. Nothing was unlawful for the Messenger of Allah, may Allah bless him and grant him peace, which Allah made lawful for him during the time until the sacrifice was made."

XV: When a man says to his authorised deputy, "Place it where Allah shows you," and the deputy says, "I have heard what you said."

2193. It is related from Ishaq ibn 'Abdullah ibn Abi Talha that he heard Anas ibn Malik say, "Abu Talha had more property than any of the Ansar in Madina. His favourite property was Bayruha' which was opposite the mosque. The Messenger of Allah, may Allah bless him and grant him peace, used to enter that property and drink its sweet water. When this ayat was sent down: 'You will not attain true goodness until you give of what you love,' (3:93) Abu Talha went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, Allah Almighty says in His Book, "You will not attain true goodness until you give of what you love." The property I love the best is Bayruha'. It is sadaqa for Allah whose kindness I hope for, and I hope that it will be stored up for me with Allah. Messenger of Allah, dispose of it in whatever way Allah shows you is best.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Excellent! That is a profitable property. That is a profitable property. I have heard what you have said about it and I think that you should give it to your relatives.' Abu Talha said, 'I will do that, Messenger of Allah!' So Abu Talha divided it up among his relatives and cousins."

Isma'il corroborated it from Malik. Rawh said that Malik said "rabih" (rather than ra'ih).

XVI: A trustworthy person being given authority in respect of the treasury and similar things

2194. It is related from Abu Musa that Prophet, may Allah bless him and grant him peace, said, "A trustworthy treasurer, who pays (or he might have said, "gives") what he is commanded to, completely, fully and cheerfully to the one to whom he is commanded to give it, is one of two givers of sadaqa."


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