Chapter 44. Book of Agriculture and Sharecropping

I: The excellence of sowing and planting when people eat what comes from it by the words of Allah Almighty, "Have you thought about what you cultivate? Is it you who make it germinate or are We the Germinator? If We willed We could have made it broken stubble." (56:63-65)

2195. It is related that Anas said that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is no Muslim who plants a tree or sows a crop from which birds, man or beasts eat but that it is sadaqa for him."

It is related from Anas from the Prophet.

II: What one has to be careful about in respect of the consequences of using agricultural tools, or exceeding the limits which have been ordained.

2196. It is related that Abu Umama al-Bahili said when he saw a plowshare and some agricultural tools, "I heard the Prophet, may Allah bless him and grant him peace, say, 'This does not enter the house of a people without Allah making humiliation enter it as well.'"

III: Keeping a dog for agricultural purposes

2197. It is related that Abu Hurayra said that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone keeps a dog, a qirat is deducted from his actions every day - except for a farm dog or a dog used for livestock."

It is related from Abu Hurayra from the Prophet, may Allah bless him and grant him peace, "except for a dog used for sheep or the farm or hunting."

It is related from Abu Hurayra from the Prophet, may Allah bless him and grant him peace, "a hunting dog or one for livestock."

2198. It is related from as-Sa'ib ibn Yazid that he heard Sufyan ibn Abi Zuhayr, a man from Azd Shanu'a and one of the Companions of the Prophet say, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'If anyone keeps a dog which does not help him either with farming or livestock, a qirat is deducted from his actions every day.'" As-Sa'ib said, "I asked, 'You heard this from the Messenger of Allah, may Allah bless him and grant him peace?' He said, 'Yes, by the Lord of this mosque.'"

IV: Using cattle for ploughing

2199. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Once when a man was riding a cow, it turned to him and said, 'I was not created for this. I was created for ploughing.'" The Prophet said, "I, Abu Bakr and 'Umar all believe it. A wolf seized a sheep and the shepherd followed it. The wolf said, 'Who will look after it on the day that wild beasts reign supreme, when they will have no shepherd but me?'" He said, "I, Abu Bakr and 'Umar believe it." Abu Salama said, "On that day, the two of them were not among the people present."

V: When someone says, "Look after my date-palms or other crops and share their fruit with me."

2200. It is related that Abu Hurayra said, "The Ansar said to the Prophet, may Allah bless him and grant him peace, 'Divide the date-palms between us and our brothers.' He said, 'No.' They [the Muhajirun] said, 'Look after them and we will share the fruit with you.' They said, 'We hear and obey.'"

VI: Cutting down trees and date-palms

Anas said, "The Prophet, may Allah bless him and grant him peace, commanded date-palms to be cut down and they were."

2201. It is related from 'Abdullah that the Prophet, may Allah bless him and grant him peace, burned the date-palms of the Banu'n-Nadir and cut them down at al-Buwayra. Hassan said about it:

"The leaders of Banu Lu'ayy found it easy

     to watch the fire spreading at al-Buwayra."

2202. It is related that Rafi' ibn Khadij was heard to say, "We had more farms than anyone else in Madina. We used to rent out the land in return for the produce of a section of it which was allocated to the owner of the land." He said, "Sometimes that section would be blighted and the rest of the land sound and sometimes the rest of the land would be blighted and that section sound, so we were forbidden to do it. As for gold and silver, they were not used at that time."

VII: Sharecropping for half the yield and the like

It is related that Abu Ja'far said, "Every family of Muhajirun in Madina used to work the land for a third or a quarter of the produce. 'Ali, Sa'd ibn Malik, 'Abdullah ibn Mas'ud, 'Umar ibn 'Abdu'l-'Aziz, al-Qasim, 'Urwa, the family of Abu Bakr, the family of 'Umar, the family of 'Ali and Ibn Sirin all practised sharecropping."

'Abdu'r-Rahman ibn al-Aswad said, "I used to share with 'Abdu'r-Rahman ibn Yazid in agriculture. 'Umar used to arrange with the people that if he provided the seeds himself, he would receive half, but if they provided the seeds, they would receive such and such an amount."

Al-Hasan said, "There is no harm, if the land belongs to one of them but the outlay is on both of them, in their dividing the produce between the two of them." Az-Zuhri thought that too. Al-Hasan said, "There is no harm in picking cotton in return for half the crop." Ibrahim, Ibn Sirin, 'Ata', al-Hakam, az-Zuhri and Qatada said, "There is no harm in letting [the weaver] have a third or a quarter or some such amount of the cloth [he weaves]." Ma'mar said, "There is no harm in hiring animals for a fixed term in return for a third or a quarter [of what they carry]."

2203. It is related that 'Abdullah ibn 'Umar said that the Prophet, may Allah bless him and grant him peace, employed the Jews of Khaybar to work the land in return for half of its produce of fruit or other crops. He used to give his wives a hundred wasqs each, eighty wasqs of dates and twenty wasqs of barley. When 'Umar divided up Khaybar, he gave the wives of the Prophet, may Allah bless him and grant him peace, a choice between a grant of water and land or continuing as before. Some chose the land and some chose the wasqs. 'A'isha chose the land.

VIII: When the number of years of sharecropping is not stipulated

2204. It is related that Ibn 'Umar said, "The Prophet, may Allah bless him and grant him peace, employed the Jews of Khaybar for half of its produce of fruits or other crops."

2205. It is related that 'Amr said, "I said to Tawus, 'I wish you would give up sharecropping since they claim that the Prophet, may Allah bless him and grant him peace, forbade it.' He said, ''Amr! I give them land and help them. The most knowledgeable of them, i.e. Ibn 'Abbas, told me that the Prophet, may Allah bless him and grant him peace, did not forbid it, but said, "It is better for one of you to give land to his brother than to take a fixed rent for it."'"

IX: Sharecropping with the Jews

2206. It is related from Ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, gave Khaybar to the Jews to work and cultivate in return for half of what it produced.

X: Disliked conditions in respect of sharecropping

2207. It is related that Rafi' said, "We had more fields than anyone else in Madina and one of us would rent out his land and say, 'This piece is mine and that is yours.' Sometimes one would produce and the other would not. The Prophet, may Allah bless him and grant him peace, forbade people to do that."

XI: When someone cultivates using people's money without their permission and it results in profit for them

2208. It is related from 'Abdullah ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "Once three people were out walking. They were caught by the rain and took shelter in a mountain cave. A rock from the mountain fell down in front of the mouth of their cave and trapped them inside. They said to one another, 'See what right actions you have done for the sake of Allah and supplicate Allah by them so that hopefully He will let us out of here.' One of them said, 'O Allah, I have two aged parents and I also have young children. I used to graze the animals for them. When I returned to them, I would milk and give my parents milk first before my children. One day I was delayed and did not return until evening, finding them asleep. I milked as I normally did and stood at their heads, not wanting to wake them up nor to give the children milk either, even though the children were crying at my feet until dawn broke. If you know that I did that out of the desire for Your pleasure, then make an opening for us through which we can see the sky!' Allah made an opening and they saw the sky.' Another said, 'O Allah, I had a niece whom I loved with the strongest love with which a man can love a woman. I tried to seduce her and she refused me unless I brought her a hundred dinars. I wanted to have intercourse with her. When I was between her legs, she said, "Slave of Allah! Fear Allah and do not deflower without marriage," so I got up. If you know that I did that out of the desire for Your pleasure, then make an opening for us!' and it opened further. The third said, 'O Allah, I hired a worker for a faraq of rice. When he finished his work, he said, 'Give me my due.' I offered it to him but he refused it. I continued to sow it until I had cows and a cowherd from it. He came to me and said, "Fear Allah." I said, "Go to those cattle and the cowherd and take them." He said, "Fear Allah and do not mock me." I said, "I am not mocking you, take them." He took them. If you know that I did that out of the desire for Your pleasure, then make an opening for us!' and it opened the rest of the way and Allah set them free."

It is related from Nafi' that he said "sa'aytu" (rather than "baghaytu".)

XII: The awqaf of the Companions of the Prophet, may Allah bless him and grant him peace, and kharaj land, their sharecropping and other arrangements

The Prophet, may Allah bless him and grant him peace, said to 'Umar, "Make a sadaqa of the entirety of these [trees] which will not then be able to be sold. However their fruits can be sold and given as sadaqa."

2209. It is related that 'Umar said, "If it were not for future Muslims, I would have divided up every village I conquered among those who took it as the Prophet, may Allah bless him and grant him peace, divided up Khaybar."

XIII: Someone bringing barren land to life

'Ali thought that that also applied to the devastated land in Kufa.

'Umar said, "If anyone brings barren land to life, it belongs to him." It is related from 'Umar and Ibn 'Awf that the Prophet, may Allah bless him and grant him peace, said, "provided it does not rightfully belong to another Muslim. A man does not have any right to what he plants in it wrongfully."

It is related from Jabir from the Prophet, may Allah bless him and grant him peace.

2210. It is related from 'A'isha that the Prophet, may Allah bless him and grant him peace, said, "Anyone cultivating land which does not belong to anyone else has the most right to it."

'Urwa said, "'Umar gave that decision during his khalifate."

2211. It is related from 'Abdullah ibn 'Umar that when the Prophet, may Allah bless him and grant him peace, was in his resting-place in Dhu'l-Hulayfa at the bottom of the valley, he dreamt that he was told, "You are in a blessed valley."

Musa said, "Salim made our camels kneel at the place where 'Abdullah made his kneel, seeking the resting-place of the Messenger of Allah, may Allah bless him and grant him peace. It was below the mosque which is in the bottom of the valley, halfway between it and the road."

2212. It is related from 'Umar that the Prophet, may Allah bless him and grant him peace, said, "Tonight someone came to me from my Lord (when he was at al-'Aqiq) to pray in this blessed valley and say, ''Umra with the hajj."

XIV: When the owner of the land says, "I will let you remain as long as Allah lets you remain" without mentioning a specific term, the arrangement continues as long as both parties are in agreement

2213. It is related that Ibn 'Umar said, "The Messenger of Allah, may Allah bless him and grant him peace ..."

It is related from Ibn 'Umar that 'Umar ibn al-Khattab expelled the Jews and Christians from the land of the Hijaz. When the Messenger of Allah, may Allah bless him and grant him peace, conquered Khaybar, he wanted to oust the Jews from it. When he conquered it, the land was for Allah and His Messenger, may Allah bless him and grant him peace, and the Muslims. He wanted to oust the Jews from it but the Jews asked the Messenger of Allah, may Allah bless him and grant him peace, to let them remain there and they would work the land and take half of the produce. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "We will let you remain under that arrangement as long as we wish," and they remained there until 'Umar expelled them to Tayma' and Ariha'.

XV: The Companions of the Prophet used to share crops and fruits

2214. It is related that Rafi' ibn Khadij related that his uncle, Zuhayr ibn Rafi' said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade us something which made things easy for us." Rafi' said, "I said, 'What the Messenger of Allah, may Allah bless him and grant him peace, said was true.' He said, 'The Messenger of Allah, may Allah bless him and grant him peace, called me and said, 'What do you do with your fields?' I said. 'We rent them out in return for what grows by the river or for some wasqs of dates and barley.' He said, 'Do not do that. Cultivate them yourselves, or have them cultivated, or keep them.'" Rafi' said, "I said, 'We hear and obey.'"

2215. It is related that Jabir said, "They used to cultivate land for a third or a quarter or a half. The Prophet, may Allah bless him and grant him peace, said, 'Anyone who has land should cultivate it, or give away the use of it (for nothing). If he does not do that, he should simply let his land lie fallow.'"

2216. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Anyone who has land should cultivate it, or give away the use of it to his brother (for nothing). If he refuses to do that, he should simply let his land lie fallow.'"

2217. It is related that 'Amr said, "I mentioned it to Tawus and he said, 'It is rented out for cultivation.'" Ibn 'Abbas said, "The Prophet, may Allah bless him and grant him peace, did not forbid it, but he said, 'It is better for one of you to give it to his brother than to take a stipulated fee for it.'"

2218. It is related from Nafi', "Ibn 'Umar used to rent out his fields in the time of the Prophet, may Allah bless him and grant him peace, Abu Bakr, 'Umar, 'Uthman and at the beginning of the rule of Mu'awiya. Then he was told of the narration from Rafi' ibn Khadij in which the Prophet, may Allah bless him and grant him peace, forbade renting out fields. Ibn 'Umar went to Rafi' and I went with him. He questioned him and he stated, 'The Prophet, may Allah bless him and grant him peace, forbade renting out fields.' Ibn 'Umar said, 'You know that we used to rent out our fields in the time of the Messenger of Allah, may Allah bless him and grant him peace, in return for what was on the river banks and some figs.'"

2219. It is related that 'Abdullah ibn 'Umar said, "I know that in the time of the Prophet, may Allah bless him and grant him peace, land was rented out." Then 'Abdullah was afraid that the Prophet, may Allah bless him and grant him peace, had related something about it which he did not know, so he stopped renting out land."

XVI: Renting land for gold and silver

Ibn 'Abbas said, "The best thing you can do is to rent uncultivated land on a yearly basis."

2220. It is related that Rafi' ibn Khadij said, "My two uncles related to me that they used to rent out land in the time of the Prophet, may Allah bless him and grant him peace, in return for what grew on the river banks or for something stipulated by the owner of the land. The Prophet, may Allah bless him and grant him peace, forbade that." Hanzala ibn Qays said, "I asked Rafi', 'What about renting for dinars and dirhams?' Rafi' replied, 'There is no harm in doing it for dinars and dirhams.'" Al-Layth said, "If those with understanding of the lawful and unlawful had looked into what was forbidden regarding that, they would not have allowed it because of the danger inherent in it."

2221. It is related from Abu Hurayra: "One day the Prophet, may Allah bless him and grant him peace, was speaking while a man of the desert was with him, 'A man of the people of the Garden asked his Lord for permission to sow. He said to him, "Are you not surrounded by everything you desire?" He answered, "Yes, but I like to sow." He sowed and his plants grew quickly and stood straight ready for harvesting. They were as high as mountains. Allah says, "Here you are, son of Adam! Nothing satisfies you."' The bedouin said, 'By Allah, you will find that he is either Quraysh or an Ansari! They are people of agriculture, and we are not people of agriculture.' The Prophet, may Allah bless him and grant him peace, laughed."

XVII: What has come about planting trees

2222. It is related that Sahl ibn Sa'd said, "We used to be happy on the day of Jumu'a. There was a woman among us who used to pull up by the roots the garden-beet (silq) which we planted by our irrigation channels and put them in a pot. Then she would put in some barley. (I think that he said, "There was no fat or melted fat in it.") After praying the Jumu'a prayer we would visit her and then she would bring it to us. We used to be happy on the day of Jumu'a because of that. We did not have lunch or an afternoon nap except after Jumu'a."

2223. It is related that Abu Hurayra said, "They say that Abu Hurayra relates many hadiths. Allah is the One who will be met [on the Day of Rising!]! They say, 'Why do the Muhajirun and Ansar not relate the same hadiths as him?' My brothers among the Muhajirun used to be busy with their business in the markets and my brothers among the Ansar were busy with their property. I was a poor man and I would stick close to the Messenger of Allah, may Allah bless him and grant him peace, in order to fill my stomach and be present with him when others were absent and remember when they forgot. One day, the Prophet, may Allah bless him and grant him peace, said, 'Whoever of you spreads his garment until I finish what I am saying and then gathers it to his chest will never forget anything that I say.' I spread out a striped cloak of mine which was the only garment I had until the Prophet, may Allah bless him and grant him peace, finished what he was saying and then I gathered it to my chest. By the One who sent him with the truth, I have not forgotten anything right up until today. By Allah, if it had not been for two ayats in the Book of Allah, I would never have related anything: "Those who conceal the Clear Signs that We have sent down..." to "Most Merciful." (2:159-160) "

Chapter 45. Book of Limited Sharecropping (musaqa) and Water

I: Water

The words of Allah Almighty, "And We made from water every living thing. So will they not believe?" (21:30) and His words, may His mention be exalted!, "Have you thought about the water that you drink? Is it you who sent it down from the clouds or are We the Sender? If We willed We could have made it bitter. So why do you not give thanks?" (56:68-70)

II: On water and people who think it permitted to give water as sadaqa, as a gift and as a legacy, whether divided out or not

'Uthman said that the Prophet, may Allah bless him and grant him peace, said, "Who will buy the well of Ruma letting his own bucket in it have exactly the same status as the bucket of any other Muslim (i.e. make it a waqf)?" 'Uthman bought it.

2224. It is related that Sahl ibn Sa'd said, "The Prophet, may Allah bless him and grant him peace, was brought a cup and drank from it. On his right was a boy who was the youngest of the people present while the old men were on his left. He said, 'Boy, will you give me permission to give it to the old men first?' He said, 'I would not let anyone else have something you were going to give to me, Messenger of Allah,' so he gave it to him."

2225. It is related that Anas ibn Malik said, "I milked a domestic sheep for the Messenger of Allah, may Allah bless him and grant him peace, which was in the house of Anas ibn Malik. Its milk was mixed with water from the well in the house of Anas. He gave the Messenger of Allah, may Allah bless him and grant him peace, the cup and he drank from it and then lowered it from his mouth. Abu Bakr was on his left and a bedouin on his right. 'Umar said, being afraid that he would give it to the bedouin, 'Give it to Abu Bakr who is with you, Messenger of Allah.' He gave it to the bedouin who was on his right and said, 'The right, then the right.'"

III: Someone saying, "The owner of the water has more right to it until he has had his fill, according to the words of the Prophet, may Allah bless him and grant him peace, 'Do not withhold excess water.'"

2226. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not withhold excess water, preventing others from pasturing there."

2227. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not withhold excess water, preventing others from obtaining extra pasturage through it."

IV: Someone who digs a well on his own property is not liable [for injuries resulting from the well]

2228. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is no bloodwit for a mine. There is no bloodwit for a well. There is no bloodwit for a dumb animal. There is a fifth for buried treasure."

V: Disputes about wells and settling them

2229. It is related from 'Abdullah that the Prophet, may Allah bless him and grant him peace, said, "Whoever swears an oath depriving someone of his property and lies in his oath will meet Allah and find Him angry with him." Allah Almighty revealed, "Those who sell Allah's contract and their own oaths for a paltry price." (3:77) Al-Ash'ath came and said, "What has Abu 'Abdu'r-Rahman [i.e. 'Abdullah] related to you? This ayat was sent down about me. I owned a well on the land of a cousin of mine and [the Prophet] said to me, 'bring your witnesses.' I said, 'I do not have any witnesses.' He said, 'Then let him take an oath.' I said, 'Messenger of Allah, then he will take an oath,' and the Prophet, may Allah bless him and grant him peace, mentioned this report and Allah sent down that ayat to confirm it."

VI: The wrong action of someone who denies water to a traveller

2230. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "There are three whom Allah will not look at on the Day of Rising and will not purify and who will have a painful punishment: a man who had excess water by the roadside and withheld it from travellers; a man who gave allegiance to an Imam, only giving it for the sake of this world, and being pleased when he was given some of it and angry when he was not given any; and a man who put out his goods after 'Asr and said, 'By Allah. There is no god but He, I have already been given such-and-such for them,' and a man believes him." Then he recited this verse, "Those who sell Allah's contract and their own oaths for a paltry price." (3:77)

VII: Damming rivers

2231. It is related from 'Abdullah ibn az-Zubayr , "A man of the Ansar quarrelled with az-Zubayr in the presence of the Prophet, may Allah bless him and grant him peace, about the lava-bed canals by which the palm-trees were irrigated. The Ansari said, 'Let the water through,' and he refused. They quarrelled in the presence of the Prophet, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, told az-Zubayr, 'Zubayr, irrigate, and then let the water pass through to your neighbour.' The Ansari became angry and said, 'Is it because he is your aunt's son?' The face of the Messenger of Allah, may Allah bless him and grant him peace, changed colour and then he said, 'Water, Zubayr, and then retain the water until it reaches the wall.' Az-Zubayr said, 'By Allah, I think that this ayat was revealed about that, "No, by your Lord, they are not believers until they make you their judge in the disputes that break out between them."' (4:65)"

VIII: Watering the upper part before the lower

2232. It is related that 'Urwa said, "Az-Zubayr quarrelled with a man of the Ansar and the Prophet, may Allah bless him and grant him peace, said, 'Zubayr, irrigate and then let it through.' The Ansari said, 'He is your aunt's son.' He, peace be upon him, said, 'Water, Zubayr and then let the water reach the wall and then stop.' Az-Zubayr said, 'I think that this verse was revealed about that: "No, by your Lord, they are not believers until they make you their judge in the disputes that break out between them."'"

IX: Watering until it reaches the upper part to the ankles

2233. It is related from 'Urwa ibn az-Zubayr, "A man of the Ansar quarrelled with az-Zubayr about the lava-bed canals by which the palm-trees were irrigated. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Irrigate, Zubayr (and he commanded what was reasonable) and then let the water pass through to your neighbour.' The Ansari said, 'Is it because he is your aunt's son?' The face of the Messenger of Allah, may Allah bless him and grant him peace, changed colour and then he said, 'Water, Zubayr, and then retain the water until it reaches the wall.' So he gave him his full right. Az-Zubayr said, By Allah, I think that this ayat was revealed about that, "No, by your Lord, they are not believers until they make you their judge in the disputes that break out between them."' (4:65)" Ibn Shihab said to me, "The Ansar and other people thought that the words of the Prophet, may Allah bless him and grant him peace, 'Water and then retain the water until it reaches the wall' meant up to the ankles."

X: The excellence of giving water

2234. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Once a man was walking and was very thirsty. He went down a well and drank from it. Then he came back out and found a dog there, panting, which had been driven by thirst to eating mud. He said, 'This dog has reached the same state as I was in.' So he filled his leather sock and, holding it in his mouth, climbed back up and let the dog drink Allah thanked him for that and forgave him." They said, "Messenger of Allah, do we get a reward then on account of animals?" He said, "There is a reward on account of every live animal [lit. everything with a moist liver]."

It is corroborated from Muhammad ibn Ziyad.

2235. It is related from Asma' bint Abi Bakr that the Prophet, may Allah bless him and grant him peace, prayed the Eclipse Prayer and said, "The Fire drew so close to me that I said, 'O Lord, am I going to be one of them?' Suddenly there was a woman there (I think that he said a cat was mauling her). I said, 'What is happening to her?' They said, 'She shut the cat up until it died of hunger.'"

2236. It is related from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "A woman was punished on account of a cat which she shut up until it died of hunger. She entered the Fire because of it." He said, "He will say - and Allah knows best, 'You did not feed it nor give it water when you shut it up nor did you let it loose to eat from the grass of the earth.'"

XI: Someone thinking that the owner of a water basin and waterskin has more right to what he owns

2237. It is related that Sahl ibn Sa'd said, "The Messenger of Allah, may Allah bless him and grant him peace, was brought a cup and drank. On his right was a boy who was the youngest of the people present while the old men were on his left. He said, 'Boy, will you give me permission to give it to the old men?' He said, 'I would not let anyone else have something you were going to allot to me, Messenger of Allah,' so he gave it to him."

2238. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace,  said, "By the One in whose hand my soul is, I will drive away men from my Basin just as unfamiliar camels are driven from a watering place."

2239. It is related from Ibn 'Abbas that the Prophet, may Allah bless him and grant him peace, said, "May Allah be merciful to the mother of Isma'il! If she had left Zamzam (or he said, 'If she had not taken handfuls of water') it would have been a flowing fountain. Jurham came and said, 'Will you give us permission to camp with you?' She said, 'Yes, but you have no right to the water.' They said, 'Alright.'"

2240. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "There are three people that Allah will not speak to nor look at on the Day of Rising: a man who swears that he has been offered more for his goods than he has been offered and is lying, a man who swears a false oath after 'Asr in order to get the property of another Muslim man and a man who withholds excess water. Allah will say, 'Today I will withhold My bounty as you withheld the bounty of something that was not the work of your hands.'"

Another isnad which reaches back to the Prophet, may Allah bless him and grant him peace.

XII: There is no hima (private pasturage) except that of Allah and His Messenger

2241. It is related that as-Sa'b ibn Jaththama said that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is no hima except that of Allah and His Messenger." [Ibn Shihab] said, "It has been conveyed to us that the Prophet, may Allah bless him and grant him peace, made an-Naqi' a hima and that 'Umar made a hima at ash-Sharaf and ar-Rabadha."

XIII: People and animals drinking from rivers

2242. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Horses are a reward for one man, and a shelter for another man and a burden for another man. He for whom they are a reward is a man who tethers them in the way of Allah giving them a long tether in a pasture or meadow. He will have good deeds for everything the horse gets from the pasture or the meadow to the full extent of its tether. If it breaks its tether and crosses a hill or two, then he has good deeds for its tracks and dung. If it crosses a river and drinks from it, that will constitute good deeds for him even if he did not intend to give it water. So there is a reward for all of that. There is also the man who tethers them in order to be self-sufficient (from people) and to be able to refrain from asking from them, and then he does not forget the right of Allah over their necks (i.e. zakat if they are used for trade) and their backs (i.e. not overloading them), so they constitute a shelter for him. Then there is the man who tethers them out of boasting and showing-off and enmity towards the people of Islam. They constitute a burden for that man." The Messenger of Allah, may Allah bless him and grant him peace, was asked about donkeys and said, "Nothing has been revealed to me about them except this general single verse, 'Whoever has done an atom's weight of good will see it and whoever has done an atom's weight of evil will see it.'" (99:7-8)

2243. It is related that Zayd ibn Khalid said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about finding some lost property. The Prophet, may Allah bless him and grant him peace, said, 'Note the details of its container and its binding and publicise it for a year. If its owner comes, (give it to him). Otherwise, do what you want with it.' He said, 'What about a lost sheep?' and he said, 'It is for you, your brother or the wolf.' Then he said, 'What about a lost camel?' and he said, 'It has nothing to do with you. It has its water and its feet and it will find water and graze from the trees until its owner finds it.'"

XIV: Selling wood and grass

2244. It is related from az-Zubayr ibn al-'Awwam that the Prophet, may Allah bless him and grant him peace, said, "It is better for one of you to take ropes and bring a bundle of firewood on his back and sell it so that Allah gives him what he needs than for him to ask people who then give to him or refuse to."

2245. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is better for one of you to take a rope and carry firewood on his back than for him to go to a man to beg from him who then gives to him or refuses to."

2246. It is related that 'Ali ibn Abi Talib said, "I received an old she-camel as my share of the booty for being at the Battle of Badr with the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, gave me another old she-camel. One day I made both of them kneel at the door of a man of the Ansar, intending to load them with idhkhir to sell. With me was a goldsmith of the Banu Qaynuqa'. I wanted to use the proceeds for my wedding feast with Fatima. Hamza ibn 'Abdi'l-Muttalib was drinking in that house and there was a singer with him who said, 'O Hamza! The fat old she-camels!' Hamza went to them with his sword and cut off their humps and opened their sides and took some of their livers. (I asked Ibn Shihab, 'Part of their humps?' He said, 'He cut off their humps and took them.')" Ibn Shihab said that 'Ali said, "I looked at a sight which appalled me and I went to the Prophet of Allah, may Allah bless him and grant him peace. Zayd ibn Haritha was with him and I told him the news. He went out with Zayd and I went with him. He went to Hamza and was harsh with him and Hamza looked up and said, 'Are you people anything but the slaves of my fathers?' The Messenger of Allah, may Allah bless him and grant him peace, backed away from them. That was before wine was made unlawful."

XV: Land grants

2247. It is related that Anas said, "The Prophet, may Allah bless him and grant him peace, wanted to make a land grant of Bahrayn and the Ansar said, 'Not until you give the same land grant to our brothers of the Muhajirun that you give to us.' He said, 'After I have gone you will see others being given preference over you, so be patient until you meet me.'"

XVI: Written documentation of land grants

2248. It is related that Anas said, "The Prophet, may Allah bless him and grant him peace, summoned the Ansar to give them a land grant in Bahrayn. They said, 'Messenger of Allah, if you do it, write a document giving the same to our brothers of Quraysh.' The Prophet, may Allah bless him and grant him peace, could not do that and said, 'After I have gone you will see others being given preference over you, so be patient until you meet me.'"

XVII: Milking she-camels near water

2249. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Part of a camel's right is to be milked at a place where there is water."

XVIII: A man being able to pass through or irrigate in a garden or a palm grove

The Prophet, may Allah bless him and grant him peace, said, "If anyone sells palm-trees after they have been pollinated, the fruit belongs to the seller." The seller is permitted to pass through and irrigate them until he cuts the fruit. The same applies to the owner of an 'ariyya.

2250. It is related from the father of Salim ibn 'Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone sells palm-trees which have been pollinated, their fruits belong to the seller unless the buyer stipulates its inclusion. If anyone sells a slave who owns property, his property belongs to the seller unless the buyer stipulates its inclusion."

It is related from 'Umar, "...about the slave."

2251. It is related that Zayd ibn Thabit said, "The Prophet, may Allah bless him and grant him peace, gave a dispensation for 'ariyyas to be sold according to an estimate of the amount of their fruit."

2252. It is related from Jabir ibn 'Abdullah that the Prophet, may Allah bless him and grant him peace, forbade the mukhabara and muhaqala and the muzabana transactions and the selling of dates before it was clear that they were sound and fruits being sold for other than dinars and dirhams except in the 'ariyya sale.

2253. It is related that Abu Hurayra said, "The Prophet,  may Allah bless him and grant him peace, gave a dispensation for the sale of 'ariyyas according to an estimate of the amount of dates in cases where the amount was less than or equal to five wasqs." (Da'ud was uncertain about that.)

2254. It is related from Rafi' ibn Khadij and Sahl ibn Abi Hathma that the Messenger of Allah, may Allah bless him and grant him peace, forbade the muzabana sale, i.e. selling dates for dates - except for 'ariyya sales. He gave permission for that.

Ibn Ishaq said that Bushayr related the like of it.

Chapter 46. Book of Asking for Loans, Paying Debts, Freezing Funds and Bankruptcy

I: Someone who buys on credit and does not have the money to pay or does not have it with him

2255. It is related that Jabir ibn 'Abdullah said, "I went on an expedition with the Prophet, may Allah bless him and grant him peace, and he said, 'What is wrong with your camel? Will you sell it to me?' I replied, 'Yes,' and I sold it to him. When he reached Madina, I brought him the camel and he gave me the price."

2256. It is related that al-A'mash said, "We mentioned pledges in connection with the salam sale in the presence of 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 date, and left his iron armour with him as a pledge.'"

II: Someone taking people's property intending to repay it or destroy it

2257. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "If someone takes people's property intending to repay it, Allah will repay it for him, and if someone takes it intending to destroy it, Allah will destroy him."

III: Paying debts

Allah Almighty says, "Allah commands you to return to their owners the things you hold on trust and, when you judge between people, to judge with justice. How excellent is what Allah exhorts you to do! Allah is All-Hearing, All-Seeing." (4:58)

2258. It is related that Abu Dharr said, "I was with the Prophet, may Allah bless him and grant him peace, when he saw it (i.e. Uhud) and said, 'I would not like to have it turned into gold for me and then have even one dinar of it remain with me for more than three days except a dinar I might keep for paying debts.' Then he said, 'Those who have a lot (in this world) will have little (reward in the Next) except for someone who spends his money here and there, (and Abu Shihab indicated in front of him, to his right and to his left) and they are few.' He said, 'Stay where you are,' and went forward a little way and I heard a voice and wanted to go, but then I remembered his words, 'Stay where you are until I come back to you.' When he came back, I said, 'Messenger of Allah, who was that I heard? (or he said, 'What was the voice I heard?') He said, 'Did you hear something?' I said, 'Yes.' He said, 'Jibril, peace be upon him, came to me and said, "Any of your community who die without associating anything with Allah will enter the Garden." I said, "Even if he does such-and-such actions?" He said, "Yes."'"

2259. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If I had the equivalent of Uhud in gold, I would not be happy for three days to pass with any of it still in my possession except for something I might keep to pay off a debt."

Salih and 'Uqayl related it from az-Zuhri.

IV: Asking for a loan of camels

2260. It is related from Abu Hurayra that a man came to ask the Messenger of Allah, may Allah bless him and grant him peace, to settle his debt [to him] and spoke coarsely to him. His Companions went for him and the Messenger of Allah. may Allah bless him and grant him peace, said, 'Leave him alone. The one with a right is allowed to speak. Buy him a camel and give it to him.' They said, "Messenger of Allah, we can only find one which is better than the age that this one warrants.' He said, 'Buy it and give it to him. 'The best of you is he who is most generous in settlement.'"

V: Acting well when asking for debts to be settled

2261. It is related from Hudhayfa that the Prophet, may Allah bless him and grant him peace, said, "A man died and was questioned. He said, 'I used to buy and sell with people and I used to make things easy for the wealthy and give those in difficulty time to pay,' and he was forgiven."

Abu Mas'ud said, "I heard this from the Prophet, may Allah bless him and grant him peace."

VI: Can one give an older (camel) than the one he owes?

2262. It is related from Abu Hurayra "A man came to the Prophet, may Allah bless him and grant him peace, to ask (for a camel) he owed him. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give it to him.' They said, 'We can only find one which is better than the age that this one warrants.' The man said, 'You have given me full payment. May Allah give you full payment!' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give it to him. 'The best people are those who are most generous in settlement.'"

VII: Settling debts in a good manner

2263. 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 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.'"

2264. It is related that Jabir ibn 'Abdullah said, "I came to the Prophet, may Allah bless him and grant him peace, while he was in the mosque. (Mis'ar said, 'I think that he said, 'in the forenoon') He said, 'Pray two rak'ats.' He owed me for a debt which he paid me, giving me extra."

VIII: When someone pays less than is due or has his debt discharged, that is permitted

2265. It is related that Jabir ibn 'Abdullah said that his father was killed in the Battle of Uhud as a martyr while he had debts. (He said,) "The creditors were insistent about their rights and I went to the Prophet, may Allah bless him and grant him peace, and he asked them to accept the dates of my garden and discharge my father, but they refused. The Prophet, may Allah bless him and grant him peace, did not give them my garden. He said, 'We will come to you in the morning.' He came to us early in the morning and walked about amid the palm-trees and prayed for blessing in their fruit. I cut them paid them off and we still had some of its dates left."

IX: When someone settles an account (by their having an equivalent debt) or giving dates for dates or something else without measurement or weighing

2266. It is related from Wahb ibn Kaysan that Jabir ibn 'Abdullah informed him that his father died and left a debt of thirty wasqs which he owed to a Jewish man. Jabir asked for time to pay and the man refused to give him it, so Jabir spoke to the Messenger of Allah, may Allah bless him and grant him peace, to intercede with him on his behalf. The Messenger of Allah, may Allah bless him and grant him peace, went and spoke to the Jew about taking the fruit of his palm-trees in return for what he was owed, but he refused to do so. The Messenger of Allah, may Allah bless him and grant him peace, then went in among the date-palms and walked about among them and then said to Jabir, 'Cut them and give him what is due him.' So he cut them after the Messenger of Allah, may Allah bless him and grant him peace, had left and he gave him a full thirty wasqs and had seventeen wasqs over. Jabir came to the Messenger of Allah, may Allah bless him and grant him peace, to tell him what had happened and found him praying 'Asr. When he finished, he told him about the surplus and he said, 'Tell that to Ibn al-Khattab.' Jabir went to 'Umar and told him and 'Umar said to him, 'I knew when the Messenger of Allah, may Allah bless him and grant him peace, walked in it, that it would be blessed."

X: Someone seeking refuge from debts

2267. It is related that 'A'isha reported that the Messenger of Allah, may Allah bless him and grant him peace,used to make supplication in the prayer: "O Allah, I seek refuge with You from wrong action and debt." Someone remarked to him, "How often you seek refuge from debt, Messenger of Allah!" He said, "When a man is in debt, when he speaks, he lies and when he makes a promise, he breaks it."

XI: The prayer over someone who died leaving debts

2268. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "If anyone leaves money, it is for his heirs, but if anyone dies leaving weak dependants (or debts) it is our duty (to take care of them)."

2269. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "There is no believer but that I am closer to him than anyone both in this world and the next. If you wish, recite, 'The Prophet is closer to the believers than their own selves.' (33:6) If any believer dies and leaves money, it goes to whatever legal heirs he has. But if anyone leaves a debt or a needy family, I am the one to come to. I am his guardian."

XII: Any delay in payment on the part of a rich person is injustice

2270. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Delay in payment on the part of a rich man is injustice."

XIII: The person with a right can speak

It is mentioned that the Prophet, may Allah bless him and grant him peace, said, "Any delay in payment on the part of someone who has the means opens the way for his punishment and for damage to his reputation." Sufyan said that "his reputation" means that his delay in payment is talked about and "his punishment" means his imprisonment.

2271. 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 to him. His Companions went for him and the Messenger of Allah, may Allah bless him and grant him peace, said, "Leave him alone. The one with a right is allowed to speak."

XIV: When someone finds his property with a bankrupt person to whom he has sold it, lent it, or entrusted it, he has the greatest right to it

Al-Hasan said, "When someone is bankrupt and that is ascertained [by the judge], he is not permitted to set slaves free nor to buy or sell."

Sa'id ibn al-Musayyab said that 'Uthman judged that if someone took part of what he was due before the person became bankrupt, that was his. If someone recognises his goods, he has a better right to them.

2272. It is related that Abu Hurayra was heard to say that the Messenger of Allah, may Allah bless him and grant him peace, said - or he said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'If anyone finds any of his property with another man, or person, who has become bankrupt, he has more right to it than other people."

XV: Someone delaying a creditor for a day or so and not thinking that that constituted delay in payment

Jabir said, "When the creditors of my father were insistent in demanding their rights in respect of the debts of my father, the Prophet, may Allah bless him and grant him peace, asked them to accept the fruits of my garden, but they refused. So he did not give them the fruits of the garden nor have them picked. He said, 'I will come to you tomorrow.' He came to us in the morning and prayed that its fruits would be blessed, and so I paid them off."

XVI: Someone selling the property of a bankrupt or poor man and then dividing the proceeds among the creditors or giving it to him so that he could spend it on himself

2273. It is related that Jabir ibn 'Abdullah said, "A man set free a slave of his by tadbir (to be set free on his death) and then became in need of money. The Prophet, may Allah bless him and grant him peace, took the slave and said, 'Who will buy him from me?' Nu'aym ibn 'Abdullah purchased him and he took its price and gave it to the owner."

XVII: When something is lent for a fixed term, or selling on credit for a fixed term

Ibn 'Umar said that there is no harm in a loan for a fixed term, even if someone gives more dirhams (in repayment), as long as the creditor has not stipulated that. 'Ata' and 'Amr ibn Dinar said, "He has the loan for that fixed term."

2274. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "He mentioned a man among the Tribe of Israel who asked another of the Tribe of Israel to lend him something, and he gave it to him for a fixed term." The hadith... (see 1427)

XVIII: Interceding to ask for a reduction in a debt

2275. It is related that Jabir said, "My father died leaving children and debts. I asked those who were owed something to reduce some of his debt, but they refused to do so. Therefore I went to the Prophet, may Allah bless him and grant him peace, and asked him to intercede with them. They still refused. He said, 'Go and put your dates into their different categories, the 'adhq ibn Zayd (inferior dates) on one side, the layyin on one side, and the 'ajwa (excellent dates) on another side and then call them together and wait until I come.' I did that and then he, may Allah bless him and grant him peace, came and sat where they were. He measured for each man until he had his full amount, and the dates still remained as if they had not been touched at all. I was on a raid together with the Prophet, may Allah bless him and grant him peace, riding a camel we had which was tired out and caused me to fall behind. The Prophet, may Allah bless him and grant him peace, struck it with a stick from behind and said, 'Sell it to me and you can ride it back to Madina.' When were near, I asked his permission, saying, 'Messenger of Allah, I am newly married.' He, may Allah bless him and grant him peace, said, 'Who have you married, a virgin or someone who has already been married?' I said, 'Someone who has already been married. 'Abdullah died leaving young daughters, so I am marrying a woman who has been married before so that she can teach them and discipline them.' Then he said, 'Go to your family.' I went and told my uncle about selling the camel and he rebuked me. I told him about the slowness of the camel and what the Prophet, may Allah bless him and grant him peace, had done and how he had hit it. When the Prophet, may Allah bless him and grant him peace, came, I took the camel to him in the morning and he gave me the price of the camel, the camel itself and my share of the booty along with everyone else."

XIX: What is forbidden in respect of wasting wealth

The words of Allah Almighty, "Allah does not love corruption," (2:205) and "Allah does not uphold the actions of corrupters." (10:81) He says, "Do your prayers instruct you that we should abandon what our fathers worshipped or stop doing whatever we want to with our wealth?" (11:87) And He says, "Do not hand over to the simple-minded any property of theirs ..." (4:5) The prohibition is contained in this together with the prohibition of treachery.

2276. It is related that Ibn 'Umar said, "A man told the Prophet, may Allah bless him and grant him peace, "I am often duped in transactions.' He said, 'When you buy, say, "No cheating"' The man used to say this."

2277. It is related that al-Mughira ibn Shu'ba said that the Prophet, may Allah bless him and grant him peace, said, "Allah has forbidden you: disobedience to your mothers, burying your daughters alive, refusing to fulfil your obligations and taking what is not lawfully yours. He dislikes you to indulge in useless talk, asking too much and wasting wealth."

XX: The slave is a shepherd of his master's property and he should only use it with his permission

2278. It is related that 'Abdullah ibn 'Umar heard the Messenger of Allah, may Allah bless him and grant him peace, say. "Each of you is a shepherd and responsible for his flock. An Imam is a shepherd and he is responsible for those in his care. A man is a shepherd in his family and is responsible for those in his care. The woman is a shepherd in her husband's house and is responsible for those in her care. The servant is a shepherd of his master's property and is responsible for what is in his care." He said, "I heard this from the Messenger of Allah, may Allah bless him and grant him peace, and I think that he also said, 'A man is a shepherd of his father's property and is responsible for what is in his care. All of you are shepherds and each of you is responsible for his flock.'"

Chapter 47. Book of Disputes

I: What is mentioned about summoning the debtor and detaining him, and disputes between a Muslim and a Jew

2279. It is related that 'Abdullah said, "I heard a man reciting an ayat differently to how I had heard it from the Prophet, may Allah bless him and grant him peace. So I took him by the hand and brought him to the Messenger of Allah, may Allah bless him and grant him peace. He said, 'Both of you are correct.'" Shu'ba said, "I think that he said, 'Do not disagree. Those before you disagreed and therefore perished.'"

[The ayat was in Surat ar-Rahman]

2280. It is related that Abu Hurayra said, "Two men insulted one another - one of the men was a Muslim and the other man was a Jew. The Muslim said, 'By the One who chose Muhammad over all the worlds,' and the Jew said, 'By the One who chose Musa over all the worlds.' At that, the Muslim raised his hand and slapped the Jew's face. So the Jew went to the Prophet, may Allah bless him and grant him peace, and told him about what had happened between him and the Muslim. The Prophet, may Allah bless him and grant him peace, summoned the Muslim and asked him about that and he told him. The Prophet, may Allah bless him and grant him peace, stated, 'Do not prefer me over Musa. On the Day of Rising, people will faint, and I will faint with them. I will be the first to regain consciousness and I will find Musa grasping hold of the Throne. I do not know whether he will be among those who fainted and came to before me, or if he was one of those that Allah excepted.'"

2281. It is related that Abu Sa'id al-Khudri said, "While the Messenger of Allah, may Allah bless him and grant him peace, was seated, a Jew came and said, 'Abu'l-Qasim! One of your Companions has struck my face.' 'Who?' he asked. He replied, 'A man of the Ansar.' He said, 'Summon him,' and he asked, 'Did you strike him?' He said, 'I heard him taking an oath in the market, "By the One who chose Musa over all mankind." I said, "O base one, above Muhammad, may Allah bless him and grant him peace!" Anger took hold of me and I struck his face.' The Prophet, may Allah bless him and grant him peace, said, 'Do not create rivalry between the Prophets. On the Day of Rising people will faint and I will be the first from the earth splits. I will find Musa grasping hold to one of the legs of the Throne. I do not know whether he will be among those who fainted or if the first unconsciousness was enough for him.'"

2282. It is related from Anas that a Jew crushed a girl's head between two stones. It was said (in her presence), "Who did this to you? So-and-so? So-and-so?" until the Jew was named. Then she indicated with her head that it was him. The Jew was seized and confessed. The Prophet, may Allah bless him and grant him peace, commanded that his head be crushed between two stones.

II: Cancelling a transaction made by a fool or someone deficient in intelligence, even if the ruler has not declared him legally incompetent

It is reported from Jabir that the Prophet, may Allah bless him and grant him peace, refused the sadaqa [of someone who was poor] before he forbade him [to give] and then he forbade him [to give].

Malik said, "When a man is in debt to another man and the only thing which he has is a slave whom he then sets free, such an emancipation is not allowed. If someone sells something on behalf of someone who is weak-minded or the like and then gives its price to him, commanding him to use it correctly and look after it and he then spoils it, he can stop him [from spoiling it] because the Prophet, may Allah bless him and grant him peace, forbade wasting property. He said to the one who was often duped in transactions, "When you buy, say, 'No cheating.'" The Prophet. may Allah bless him and grant him peace, did not take his money.

2283. It is related that Ibn 'Umar was heard to say, "There was a man who was duped in transactions. and the Prophet, may Allah bless him and grant him peace, told him, 'When you buy, say, "No cheating."' He used to say that."

2284. It is related from Jabir that a man set a slave he owned free when that slave was the only property that he possessed. The Prophet, may Allah bless him and grant him peace, cancelled that [transaction] and Nu'aym ibn an-Nahham bought the slave from him.

III: Litigants arguing against one another

2285. It is related that 'Abdullah said that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever swears an oath in which he lies in order to take the property of a Muslim will meet Allah with anger directed to him." He said that al-Ash'ath said, "By Allah, that was about me. There was some land that was shared between me and a Jewish man, and he denied my claim, so I took him to the Prophet, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, asked me, 'Do you have a clear proof?' I answered, 'No.' He said to the Jew, 'Swear.'" He said, "I said, 'Messenger of Allah, then he will swear and make off with my property.' Then Allah Almighty revealed, 'Those who sell Allah's contract and their own oaths for a paltry price ....' (3:77)"

2286. It is related from Ka'b that he asked Ibn Abi Hadrad in the mosque to repay a debt he owed him and they raised their voices so loud that the Messenger of Allah, may Allah bless him and grant him peace, who was in his house, heard them. He came out to them, raising the curtain of his room. He called out, "Ka'b!" He said, "At your service, Messenger of Allah!" He said, "Reduce your debt by this much," and indicated a half to me. He said, "It is done, Messenger of Allah." He said, "Get up and pay it to him."

2287. It is related that 'Umar ibn al-Khattab was heard to say, "I heard Hisham ibn Hakim ibn Hizam reciting Surat al-Furqan in a different way to the way I recite it, and the Messenger of Allah, may Allah bless him and grant him peace, himself had taught me to recite it. I was about to hasten to remonstrate, but then I waited until he was finished. Then I collared him with his cloak and brought him to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'I heard this person reciting differently than how you taught me to recite.' He said to me, 'Let him go.' Then he said to him, 'Recite,' and he recited. He said, 'That is how it was revealed.' Then he said to me, 'Recite,' and I recited. He said, 'That is how it was revealed. The Qur'an was sent down in seven modes (ahruf), so recite what is easy of it.'"

IV: Ejecting the people who commit acts of rebellion and are engaged in argumentation from the houses after they are recognised

'Umar ejected the sister of Abu Bakr when she wailed.

2288. It is related from Abu Hurayra said that Prophet, may Allah bless him and grant him peace,said, "I seriously considered ordering the prayer be called and then coming up behind certain men and burning their houses down about them! "

V: A claim based on the will of the dead person

2289. It is related from 'A'isha that 'Abd ibn Abi Waqqas and Sa'd ibn Abi Waqqas brought a disagreement about the son of the slavegirl of Zam'a to the Prophet, may Allah bless him and grant him peace. Sa'd said, 'Messenger of Allah, my brother made a last testament to me that I should come and look out the son of the slavegirl of Zam'a and take him (into my care). (He told me,) "He is my son."' 'Abd ibn Zam'a said, 'He is my brother the son of my father's slavegirl. He was born on my father's bed.' The Prophet, may Allah bless him and grant him peace, discerned a clear resemblance between the child and 'Utba. He said, 'He is yours, 'Abd ibn Zam'a. The child belongs to the bed. But veil yourself from him, Sawda.'"

VI: Binding those whose corruption is feared

Ibn 'Abbas bound 'Ikrima in order to teach him the Qur'an, the sunan and the shares of inheritance

2290. It is related that Abu Hurayra was heard to say, "The Prophet, may Allah bless him and grant him peace, sent some horsemen in the direction of Najd and they came back with a man from the Banu Hanifa called Thumama ibn Uthal, the chief of the people of Yamama, whom they bound to one of the pillars of the mosque. The Prophet, may Allah bless him and grant him peace, came out to him and said, 'What do you have, Thumama?' He said, 'Good, O Muhammad.'" He mentioned the hadith and the Prophet said, "Release Thumama." [See 450]

VII: Tying up and imprisoning someone in the Haram

Nafi' ibn 'Abdu'l-Harith bought a house from Safwan ibn Umayya to use as a prison in Makka. Provided that 'Umar agreed, the sale would be concluded. If 'Umar did not agree, then Safwan would have four hundred dinars [for its use].

Ibn az-Zubayr imprisoned people in Makka.

2291. It is related that Abu Hurayra was heard to say, "The Prophet, may Allah bless him and grant him peace, sent some horsemen in the direction of Najd and they returned with a man from the Banu Hanifa called Thumama ibn Uthal whom they bound to one of the pillars of the mosque."

VIII: Detaining debtors

2292. It is related from Ka'b ibn Malik that he was owed a debt by Ibn Abi Hadrad al-Aslami. He met him and detained him and they talked until they raised their voices. The Prophet, may Allah bless him and grant him peace, passed by them and called out, "Ka'b!" He indicated with his hand as if he was saying "A half." So he took half of what he was owed and left the other half.

IX: Demanding what one is owed

2293. It is related that Khabbab said, "I used to be a blacksmith in the Jahiliyya and al-'As ibn Wa'il owed me some dirhams, so I went to him to ask for it. He said, 'I will not give it to you until you reject Muhammad, may Allah bless him and grant him peace.' I said, 'By Allah, I will not reject Muhammad, may Allah bless him and grant him peace, until Allah makes you die and then you are brought back to life.' He said, 'Leave me until I die and am resurrected. Then I will be given wealth and children and I will pay you.' So it was revealed, 'Have you seen him who rejects Our Signs and says, 'I will certainly be given wealth and children there.'?'" (19:77)


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