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فَإِكَّ الصِّدُقَ طَمَانِيْنَةٌ وَإِنَّ الْكَذِبَ رِئْبَةٌ - رَوَاهُ أَحْمَدُ وَالتِّزْ مِذِىُّ وَالنَّسَائِىُّ وَرَوَى الدَّارِيُّ الْفَضْلَ الْأَوَّلَ-
2773. Sayyiduna Hasan ibn Ali acas +, narrated that he had preserved (in his memory
the hadith) from Allah's Messenger صلى الله عليه وسلم (who said), "Abandon that which puts
you in doubt and take up that which does not cause you doubt, because truth
promotes contentment (of heart) while Falsehood raises confusion and doubt."1
COMMENTARY: Refrain from those things which involve you in doubt. Some ulama
(Scholars) say that when your conscience becomes doubtful about the permissibility or
prohibition of a deed or saying then you must abstain from that thing and adopt what
your conscience approves. A man's conscience does not mislead him. This is an axiom
to determine the nature of something whether it is lawful or not. However, not
everyone is qualified to judge in this manner. Only those righteous people whose
minds and thinking and hearts are repositories of taqwa (piety) and faith and rectitude,
can judge by their conscience.
DISTINGUISHING GOOD FROM BAD
(٢٧٧٤) وَعَنْ وَابِصَّةَ بْنِ مَعْبَدٍ آَكَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ يَا وَابِصَةُ جِئْتَ تَسْأَّلُ عَنِ الْآِرِ
وَالْإِثْمِ قُلْتُ نَعَمْ قَالَ ذَجَمَعَ أَصَابِعَهُ فَضَرَبَ بِهَا صَدْرَهُ وَ قَالَ اسْتَفْتِ نَّفْسَكَ إِسْتَفْتٍ قَلْبَكَ ثَلَاقًا
اَلْبِرُّمَا اطْمَأَنَّكُ إِلَيْهِ النَّفْسُ وَاطْمَأَّ إِلَيْهِ الْقَلْبُ وَالْإِثُمُ مَاحَاكَ فِي النَّفْسِ وَ تَرَدَّدَ فِي الَّدُرِ وَإِنْ
أَفْتَاكَ النَّاسُ- (رواه احمد والدارمى)
صلى الله narrated that Allah's Messenger رضى الله عنه Sayyiduna Wabisah ibn Ma'bad .2774
jule said, "O Wabisah, have you come to ask about piety and sin?" He said, "Yes"
He went on to narrate that the prophet صلى الله عليه وسلم joined his fingers and struck his
(wabisah's) chest with them and said, "Ask yourself the question. Ask your heart
for a ruling." He said that three times. "Righteousness is that with which your self
is content and the heart is content. And, sin is that which confuses the soul and
perplexes the heart, even though the people may uphold it."
COMMENTARY: This hadith emphasizes that a decision about what is good and pious
and about what is bad and evil, of any word or deed, should be left to one's conscience. If
one's conscience does not hesitate then the words or deeds are pious but if there is a
confusion then they are bad even though the people might recommend it and a mufti gives
his verdict in its favour. A mufti's verdict (fatwa) is not the same as righteousness (taqwa
(piety)). It is much better to abide by taqwa (piety) than to obey a fatwa.
As suggested in the commentary to the previous hadith, not everyone's heart is a
repository of taqwa (piety) to be able to judge by his conscience. Hence, too, the common
'ask your heart' applies to the righteous people whose hearts are pure and free of base
desires but filed with taqwa (piety) and love of Allah. Their hearts incline only to the good
and turn away from evil. Moreover, this command is applied when a clear ruling of
Shari'ah (divine law) is not found. Thus, when the verses of the Quran cannot be easily
interpreted, resort should be made to ahadith as a wajib (obligatory) and a decision should
1 Tirmidhi # 2526, Nasa'i # 5711, DArami # 2532 (first portion).

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be arrived at. If an interpretation alludes even from them, then resort should be made to
the ulama (Scholars) as a wajib (obligatory). If no clear answer is forthcoming even from
them, the heart should be asked and one of the opinion on which it seems convinced
should be followed .
When Sayyiduna Wabisah رضى الله عنه came to the Prophet صلى الله عليه وسلم, he did not ask him
anything but the Prophet , h & perceived his intention because of the gift of
perception and disclosed his intention. He then patted wabisah's As an , heart with his
fingers to bless it and enable it to understand. He also meant to tell him to ask his heart.
PERFECT ABSTINENCE
(٢٧٧٥) وَعَنْ عَلِيَّةَ السَّعْدِيِّ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا يَبْلُُ الْعَبْدُ آَنْ يَكُوَُ مِنَّ
الْمُتَّقِيْنَ حَتَّى يَدَھَ مَالَابَاسَ پهحَذْرًا لِمَا په باس۔(رواه الترمذى وابن ماجة)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Atiyah as-Sa'di .2775
said, "A person will never make it to (perfect) righteousness (and the rank of the
God fearing) till he abandons what is not harmful to be able to be on guard against
what is harmful."1
.
COMMENTARY: From the point view of Shari'ah (divine law) a muttaqi or the God-
fearing is the person who keep himself away from those things which is perpetrated invite
Allah's displeasure and punishment on the perpetrator.
Some ulama (Scholars) hold that taqwa (piety) or righteousness has three degrees:
(i)
To shun polytheism or associating with Allah. Anyone who keeps away
from it earns perpetual deliverance and this is stated in the verse:
اَلْزَمَهُمْ كَلِمَة التَّقُوى
{ ... made them stick to the word of piety} (48: 26)
(ii)
To abstain from every sin, even the minor sins, and some ulama (Scholars)
insist that this is taqwa (piety). This agrees with the verse:
وَلَوْ اَكَّ أَهْلَ الْقُرِى أُمَنُوْا وَ اتَّقُوْا
{And had the people of (those) townships believed and feared (Allah)} (7: 96)
(iii)
To exercise extreme care in everything so much so that even some
permissible things are avoided, not to let the heart think of anyone besides
Allah and to concentrate only on Him. This is the message of the verse:
إِثَّقُوا اللَّهَ حَقَّ تُقَاتِهِ
[Fear Allah as He should be feared} (3: 102)
In fact, the hadith under discussion also says the same things about the perfect degree of
taqwa (piety).
The essence of the hadith is that no one becomes a perfect muttaqi or abstinent unless he
shuns even the permitted things for fear lest they lead him to commit the unlawful or
makruh (disapproved) (disapproved) or doubtful. For instance, if he is a bachelor, he has
more sexual appetite, so he must shun such things as arouse his emotions, like perfume,
.
1 Tirmidhi # 2459, Ibn Majah # 4215.
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etc. In short, after keeping away from the unlawful, makruh (disapproved) and doubtful,
one must also give up some permissible, things as a cautionary measure to attain a perfect
degree of taqwa (piety) and abstinence. Sayyiduna Umar we du +, used to say, "Lest we fall
into the unlawful, we used to keep away from nine out of ten portions of the lawful."
Sayyiduna Abu Bakr us à , used to say, "We used to shun seventy portions of the
permissible for fear we might commit what is unlawful."
CURSE ON THOSE CONNECTED WITH WINE
(٢٧٧٦) وَعَنْ آَنَسٍ قَالَ لَعَرَّ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِى الْحُمْرِ عَشَرَةً عَاصِرَهَا وَ مُهْتَصِرَهَا وَشَارِ بَهَا
وَحَامِلَهَا وَالْمَحْمُوْلَةَ إِلَيْهِ وَسَاقِيَّهَا وَبَائِعَهَا وَ اكِلَ ثَّمَنِهَا وَالْمُشْتَرِى لَهَا وَالْمُشْتَری لَه- (رواه الترمذى وابن ماجة)
2776. Sayyiduna Anas رضى الله عنه narrated that Allah's Messenger صلى اللهعليه وسلم cursed ten
people connected with wine: The one who extracts it, the one who gets it extracted,
the one who consumes it, the one who delivers it, the one to whom it is delivered,
the one who serves it, the one who sells it. The one who uses its price for his good.
'The one who buys it and the one for whom it is bought.1
(٢١٧٧) وَعَنِ ابْنِ عُمَرَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَعَنَّ اللَّهُ الْحُمْرُ وَشَارِبَهَا وَسَاقِيُّهَا وَبِائِعَهَا
وَمُبْتَا عَهَا وَعَا صِرَهَا وَمُعْتَصِرَهَا وَحَامِلَهَا وَالْمَحْمُوْلَةً إِلَيْهِ- (رواه ابوداود وابن ماجة)
2777. Sayyiduna Ibn Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"Allah has cursed wine, its drinker, its server, its seller its buyer the person who
extracts it, the person for whom it is extracted, its deliverer and the person to whom
it is delivered."2
COMMENTARY: Wine is Umm-ul-KhaBaith (the root of all evils). Therefore, it is cursed.
However, it is possible that here 'wine' could refer to one who uses the price paid for wine.
WAGES OF THE CUPPER
(٢٧٧٨) وَعَنْ مُحَيِّصَةً أَنَّهُ اسْتَانَكَ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِي أُجْرَةِ الْحَجَامِ فَتَهَاهُ فَلَهُ يَزَّلُ
يَسْتَّاذِنُهُ حَتَّى قَالَ أَعْلِقْهُ نَاضِحَكَ وَاْحِمُهُ رَقِيقَكَ۔(رواهمالك والترمذى وابوداود وابن ماجة)
2778. Sayyiduna Muhaysah we also, reported that he sought permission of Allah's
Messenger ,là . for (collecting) the wages of the cupper, but he disallowed it,
He did not cease to ask for his permission, so finally he consented, "Feed the earnings
(from it) to your watering camels and feed your slaves (male and female) with it."
COMMENTARY: Many Sahabah (Prophet's Companions) (usan >, had a retinue of slaves
صلى الله عليه وسلم some of whom they had appointed to the profession of cupping. The Prophet
did not permit Sayyiduna Muhaysah an +, to use the share of earnings he received from
his slave but permitted him to feed the camels and the slaves from his share. Though these
earnings were not unlawful yet they were makruh tanzihi (disapproved for purification)
and not proper for the sahabah (Prophet's Companions) (sản ~>). He encouraged them in
this way to work hard for a living.
1Tirmidhi # 1299, Ibn Majah # 3381.
2 Abu Dawud # 3674, Ibn Majah # 3380, Musnad Ahmad 2-25.
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EARNINGS OF SONGSTRESS DISALLOWED
(٢٧٧٩) وَعَنْ أَبِي هُرَيْرَةَ قَالَ ◌َى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ ثَّمَنِ الْكَلْبٍ وَكَسْبِ الزَّمَّارَةِ- رَوَاءُفِ
شَرُحِ السُنَّةِ
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .2779
forbade the (use of the) price of the dog and the wages of the songstress.1
COMMENTARY: Some ulama (Scholars) say that the word (au;lt) (az-zammarah) means
the beautiful woman who is lecherous. Some others say that it means 'making signs with
the eyes.' Prostitutes do lure men by signs with the eyes. (These meanings are suggested
instead of 'songstress!')
BUYING AND SELLING SINGING GIRLS
(٢٧٨٠) وَعَنْ أَبٍ أُمَامَةً قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَاتَبِيْعُوا لْقَيْنَاتٍ وَلَّا تَشْتَرُو هُنَّ وَلَّا
◌ُعِلِّمُوْ هُنَّ وَثَمَنُّهُنَّ حَرَامْ وَفِي مِثْلٍ هُذَا أُنْزِلَتُ وَمِنَ النَّاسِ مَنْ يَشْتَرِىُ لَهُوَ الْحَدِيْثِ- رَوَاهُ أَحْمَدُ
وَالثَِّمِذِىُّ وَابْنُ مَاجَةَ وَقَالَ التِّزْمِذِىُّ هُذَا حَدِيْتُ غَرِيُبْ وَعَلُِّّ بْنُ يَزِيْدَ الرَّاوِىُّ يُضَغَفُ فِى الْحُدِيْثِ
وَسَتَذْكُرُ حَدُبِثَ جَابِرٍ تَّى عَنْ أَكْلِ الْهِّ فِي بَابٍ مَا تَحِلُّ اكْلُهُ إِنْ شَاء اللّهُ تَعَالى-
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Umamah .2780
said, "Do not sell singing girls, nor buy them, nor teach them (to sing). The price
paid for them is unlawful. The like of it has been revealed.
وَمِنَ النَّاسِ مَنْ يَشْتَرِئْ لَهُوَ الْخُدِيْثِ
(And of mankind is he who buys frivolous discourse} (1)2 (31;6)
COMMENTARY: Some ulama (Scholars) interpret the hadith to mean: it is not allowed to
sell the singing girls. All the others say that while it is permitted to sell them, yet the hadith
merely forbids receiving wages of their singing. Wages acquired for their songs are
unlawful. It is like grapes sold to the processor of wine, their price is forbidden, but not the
price of grapes as a commodity. In both cases, the wages or price are forbidden because
they are got from unlawful means. Neither grapes nor singing girls are disallowed to be
bought and sold.
The words 'frivolous discourse' (or, playthings as translated in Urdu) in the verse cited in
the hadith mean the songs and forbidden voices that keep a person away from
remembrance of Allah and cause him to commit sin. Every kind of vain talk comes under
this meaning. A man by the name of Nasr ibn Harith used to purchase singing girls so that
he could lead people away from Allah's path through them. This verse was revealed to
censure him. Some ulama (Scholars) say that Nasr ibn Harith had bought certain books of
the ajamis (non Arabs) from which he read stories to the Quraysh, saying, "Muhammad
relates to you the stories of the Aad and Thamud, but I narrate to you the tales of Rustum,
Isfandyar and kings."
1 Baghawi in Sharh us sunnah (Prophet's صلى الله عليه وسلم practice) # 2038.
2 Tirmidhi # 1286, Ibn Majah # 2118, Musnad Ahmad 5-264.

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وَسَنَذْكُرُ حَدِيْثَ جَابِرٍ ◌َى عَنْ أَكْلِ الْهِرِّفِيْ بَابٍ مَا تَحِلُّ أَكْلُهُ إِنْ شَآءَ اللّهُ تَعَالى
We shall mention the hadith of Jabir (# 128) forbidding eating of cats in the chapter on
what is allowed to be eaten, Insha Allah.
SECTION III
الفَضِلُ الثَّالِثُ
FARD (COMPULSORY) TO EARN LAWFUL SUSTENANCE
(٢٧٨١) عَنْ عَبْدِ اللَّهِ بْنِ مَدْعُوْدٍ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ طَلَبُ كَسَبِ الْخُلَالِ فَرِيْضَةٌ بَعْدَ
الْفَرِيْفَةِ- (رواه البيهقى فى شعب الايمان)
صلى ث narrated that Allah's Messenger رضى الله عنه Sayyiduna Abdullah ibn Mas'ud .2781
duy tle said, "Seeking to earn to lawful livelihood is obligatory duty after the
obligatory duties."1
COMMENTARY: The hadith means that it is fard (compulsory) to earn a living with one's
family. However, the obligatory duties, like salah (prayer) zakah (Annual due charity) etc.
prescribed by Allah are of prime importance and must be discharged without fail and
earning lawful sustenance follows next.
According to the ruling of fiqh (Islamic jurisprudence), it is fard (compulsory) for that person
to earn for the upkeep of himself and his family who is dependent on the earnings.
The hadith calls for lawful livelihood which means that is must not be unlawful. So, here
lawful sustenance could include doubtful earning too because the other ahadith call for
keeping away from doubtful provision only by way of caution, not as an obligatory duty.
Also, it is not fard (compulsory) on everyone to seek a livelihood for himself, because many
there are whose upkeep is wajib (obligatory) on other people so it is not necessary for them
to earn for themselves.
PERMITTED TO SEEK REMUNERATION FOR WRITING DOWN THE QURAN
(٢٧٨٢) وَعَنِ ابْنِ عَبَّاسِ أَنَّهُ سُئِلَ عَنْ أُجْرَةِ كِتَابَةِ الْمُصْحَفٍ فَقَالَ لَّا بَاسَ إِنَّمَا هُمْ مُصَوِّرُوْنَ وَاقَّهُمْ إِنَّمَا
يَاكُلُونَ مِنْ عَمَلِ آَيْدِئُھِمُ-(رواهرزین)
2782. Sayyiduna Ibn Abbas we a+, was asked about wages paid for writing down
the (copies of the) Quran. He said, "It does not matter. They are only those who
sketch lines and they only eat what their hands earn."2
COMMENTARY:'Sayyiduna Ibn Abbas as a , explained to the man who wondered if the
scribe could get wages for writing down the Quran that the scribe merely drew lines on
pages. He might do that for the Quran or for any other book. It is his art and his profession
and a means of his lawful sustenance.
THE MOST EXCELLENT EARNING
(٢٧٨٣) وَعَنْ رَافِعْ بُنِ خَدِيْجٍ قَالَ قِيْلَ يَا رَسُولَ اللَّهِ آَىُّ الْكَسَبِ أَظْيَبُ قَالَ عَمَلُ الرَّجُلِ بِيَدِهِ وَكُلُّ بَيْعٍ
مَبْرُوپ- (رواه احمد)
1 Bayhaqi in shu'ab ul Eeman # 8741.
2 Razin.

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2783. Sayyiduna Rafi ibn Khadij c a+, narrated that Someone asked (the Prophet
,4là10), "Ó Messenger of Allah, which kind of earning is the purest (meaning,
best)?" He said, "A person's work with his hand and every trade that is approved
(being according to principles and rules of Shari'ah (divine law))."1
COMMENTARY: The Prophet صلى الله عليه وسلم said that while the best profession was of
manual labour, yet if anyone cannot earn his living with his hands then he must engage in
some business conducting it honestly and in a trustworthy manner. This too is a pure and
lawful earning.
PRICE OF MILK
(٢٧٨٤) وُعَنْ آبيٍ بَكْرٍ بُنِ آَبٍ مَرْيَمَ قَالَ كَانَتْ لِمِقْدَامِ بْنِ مَعْدِئْ كَرِبَ جَارِيَةٌ تَبِيْءُ اللََّنَّ وَيَقْبِضُ الْمِقْدَامُ
ثَمَنَّهُ فَقِيْلَ لَهُ سُبْحَانَ اللهِ اتَّبِيْعُ اللَّبَنَّ وَتَقْبِضُ الثَّمَنَ فَقَالَ نَعَمْ وَمَا بَاسٌ بِذْلِكَ سَمِعْتُ رَسُولَ اللَّهِصَلَّى
اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُولُ لَيَاتِيَنَّ عَلَى النَّاسِ زَمَارٌّ لَا يَنْفَعُ فِيْهِ إِلَّ الدِّيْنَارُ وَالدِّرُهَمُ- (رواه احمد)
2784. Sayyiduna Abu Bakr ibn Abu Maryam s al », said that Sayyiduna Miqdan
ibn Ma'dikarib had a female slave who sold milk (of the domestic animals) and
Miqdam took its price. Someone exclaimed, "Subhan Allah, is it that she sell the
milk and you keep its price?" He said, "Yes! There is no harm in it. I had heard
Allah's Messenger صلى الله عليه وسلم say, 'A time will come to man without doubt when
nothing will benefit him but the dinar and the dirham."2
COMMENTARY: People questioned Sayyiduna Miqdam using», why he collected the price
of milk because it was better that milk should be given away to the poor or distributed to
friends and acquaintances. It did not behave him to sell milk and get its price. He clarified
that it was not disallowed by Shari'ah (divine law) and neither was it otherwise disallowed
nor disliked. Besides, he was not driven to sell milk out of greed but only made two ends
meet with it.
He also said that a time would come when people would think only of wealth and expand
the sphere of their needs but paucity of funds would involve them in different kinds of
difficulties. Hence, neither will they pay attention to leaning nor will they respect the learned.
Rather, they will have only one goal; money, and they will esteem the monied class.
The sahabah (Prophet's Companions) (sun », used to encourage each other to collect enough
wealth to be able to preserve a respectable way of life. They reminded others that a time
would come when the needy and hard-pressed would first of all risk his religion and faith.
RETAIN THE SOURCE OF PROVISION APPOINTED BY ALLAH
(٢٧٨٥) وَعَنُ نَافِعٍ قَالَ كُنْتُ أُجَهِّزُ إِلَى الشَّامِ وَإِى مِصْرَ فَجَهَّزُتُ إِلَى الْعِرَاقِ فَأَتَيْثُ أُمِّ الْمُؤْمِنِيْنَ عَائِشَةً
فَقُلْتُ لَهَايَا أُمَّ الْمُؤْمِنِيْنَّ كُنْتُ أُجْهِزُ إِلَى الشَّامِ فَجَهَزْتُ إِلَى الْعِرَاقِ فَقَالَتْ لَا تَفْعَلُ مَالَكَ وَلِمَتْجَرِكَ
فَائِّئْ سَمِعْتُ رَسُولَ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُوْلُ إِذَا سَبَّبَ اللَّهُ لِأَحَدِكُمْ رِزْقًّا مِنْ وَجُهٍ فَلَايَدَعُهُ حَتّى
1 Musnad Ahmad 4-141.
2 Musnad Ahmad 4-133.
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يَتَفَيََّ لَهُ اَوْ يَتَنَكَّرَلَه۔(رواه أحمد وابن ماجة)
2785. Sayyiduna Nafi als, said that he was in the habit of preparing (merchandise
for) his business expeditions to Syria and Egypt (under the supervision of his staff
and attorneys). Then, he decided to send on to Iraq and met the mother of the
believers, Sayyidah Ayshah Que a +, and said to her, 'O Mother of the believers,
used to prepare expeditions to Syria and now I have prepared one for Iraq." She
said, "Do not do so. What is wrong with you and with the place with which you
were trading? For, I did hear Allah's Messenger صلى الله عليه وسلم say. When Allah has
caused for any of you sustenance from one place, he should not abandon it unless it
changes for him or gets bad for him.'
COMMENTARY: Teebi à , said that if anyone receives something good of the
permissible then he must regard it as a blessing of Allah and continue to work for it. He
must not give it up without a valid reason to go for something else.
ABU BAKR'S 4.cần», CAUTION AND TAQWA (PIETY)
(٢٧٨٦) وَعَنْ عَائِشَةَ قَالَتُ كَانَ لِأَنِي بِكٍُ غُلَامْ يُخَرُِّ لَّهُ الْحُرَابَ فَكَاتَ أَبُوْبَكْرٍ يَاكُلُ مِنْ خَرَاجٍهٍ فَجَاء
يَؤمّا بِشَهِيٍ فَاكِّلَ مِنْهُ أَبُوْ بَّكٍُ فَقَالَ لَهُ الْغُلَامُ تَدْرِئٌ مَالهِذَا فَقَالَ أَبُوْبَكْرٍ وَمَا هُوَ قَالَ كُنْتُ تَكَهَّنْتُ
◌ِنْسَانٍ فِىِ الْجَاهِلِيَّةِ وَمَا أُحْسِنُ الْكَهَانَةَ إِلَّ آلِّ خَدَعْتُهُ فَلَقِيَنِيْ فَأَعْطَانِ بِذَلِكَ فَهذَا الَّذِى اكَلْتَ مِنْهُ
قَالَتْ فَأَدْخَلَ أَبُوْ بَكْرٍ يَدَ، فَقَاء كُلَّ شَمِئٍ فِي تَطْنِه-(رواه البخارى)
2786. Sayyidah Ayshah !رضى الله عنها narrated that Sayyiduna Abu Bakr رضى الله عنه had a
slave who paid to (Sayyiduna) Abu Bakr ue a >, a specified portion of his earnings
(as per the custom of the Arabs) and he consumed from what he brought. One day,
he brought something to him and Sayyiduna Abu Bakr wal +, ate from it. Then the
slave asked him, 'Do you relies what it is?" Abu Bakr usd+, asked, "what is it?" He
said, "I used to predict the future for one man during the jahiliyh but I was not
good at it, so I duped him. He happened to meet me today and gave that to me. It is
of this that you have eaten." She said, "Abu Bakr put his hand in his mouth and
vomited everything that was in his belly."1
COMMENTARY: Sayyiduna Abu Bakr we al+, vomited what he had eaten of the earnings
through soothsaying and deceit. He vomited not only what he had eaten of it but also
everything else lest it had mixed up with it.
Imam Ghazzali رضى الله عنه wrote in Minhaj ul Aabideen that he work of Abu Bakr رضى الله عنه was
his taqwa (piety) and fear of Allah. He also wrote that fear of Allah demands that nothing
should be taken from another unless its lawfulness is verified, after that it should be
confirmed that there is no dubious nature in it. If these things cannot be confirmed the it
should not be taken and it already taken then it should be returned.
1 Bukhari # 3842.

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CONSEQUENCES OF DEVOURING THE UNLAWFUL
(٢٧٨٧) عَنْ آنِ بَكْرٍ آَّ رَسُولَ اللَّهِ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا يَدْخُلُ الْجَنَّةَ جَسَدْ خُذِىَ بِالْخُرَامِ - (رواه
البهقی فی شعب الايمان)
2787. Sayyiduna Abu Bakr رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"The body that has been nourished with the unlawful shall not enter paradise."1
رضى الله عنه AN EXAMPLE OF SAYYIDUNA UMAR
: (٢٧٨٨) وَعَنُّ زَيْدِ بْنِ أَسْلَمَ أَنَّهُ قَالَ شَرِبَ عُمَرُ بْنُّ الْخُتَّابِ لَبَنَّا وَأَعْجَبَهُ وَقَالَ لِلَّذِىُ سَقَاءُ مِنْ أَيْنَ لَكَ هذَا
اللَّبْنُ فَأَخْبَرَهُ أَنَّهُ وَرَدَ عَلَى مَاءٍ قَدْ سَمَّاهُ فَإِذَا نَعَمْ مِنْ نَعَمِ الشَّدَقَّةِ وَهُمُ يَسْقُوُنَ الْحُلَبَ لِىُّ مِنْ الْبَائِهَا
فَجَعَلْتُهُ فِي سِقَائِىٌ وَهُوَ هُذَا فَأَدْخَلَ عُمَرُ يَدَهُ فَاسْتَقَّاهَ - رَوَاهُ الْبَيُّهَقِىُّ فِي شُعَبِ الْإِيمَانٍ-
رضى الله narrated that (once) Sayyiduna Umar رضى الله عنه Sayyiduna Zayd ibn Aslam .2788
4º drank milk that pleased (or seemed strange to)2 him. So, he asked the person who
had given him to drink, "From where did you get this milk? He informed him that
he had gone to a watering place, naming it. There some animals of the zakah
(Annual due charity) were gathered and were drinking water. The supervisors who
were watering the animals milked them for him and he put it in his milk skin. He
gave him that, so, Umar as a +, put his hand in his mouth and vomited (out the
milk because it was property of zakah (Annual due charity) not allowed to him).3
COMMENTARY: Sayyid Jamaluddin Muhaddith has pointed out that this hadith is not
found at this place in most copies of Mishkat and it is also not found in the copy from
which their teacher narrated ahadith to them. Rather, it is written in the margin at this
place in that book. Hence, it is proper that it should be omitted from this chapter. (Besides,
this hadith is found in Mishkat's Book of zakah (Annual due charity) with minor changes
"of words # 1836. So, it is not proper here again).
WORSHIP IS REJECTED IF WEALTH IS REQUIRED UNLAWFULLY HOWSOEVER
INSIGNIFICANT .
(٢٧٨٩) وَعَنِ ابْنِ عُمَرَ قَالَ مَّنِ اشْتَرَى ثَوْبًّا بِعَشْرَةٍ دَرَاهِمَ وَفِيْهِ دِرْهَوْ حَرَامٌ لَمُ يَقْبَلِ اللّهُ تَعَالى لَّهُ صَلَاً
مَادَابَ عَلَيْهِ ثُمَّ أَدْخَلَ إِصْبَعَيْهِ فِ أُذْنَيْهِ وَقَالَ صُّتَا إِنْ لَمْ يَكُنِ النَّبِىُ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ سَمِئْتُهُ يَقُوْلُهُ
رَوَاهُ الحَمْدُ وَالْبَيْهَقِيُّ فِى شُعَبِ الْإِيْمَانِ وَقَالَ إِسْنَادُهُ ضَعِيْفْـ
2789. Sayyiduna Ibn Umar us a >, said that if any one buys a clothing, say for ten
dirhams, of which one dirham is unlawfully acquired, Allah, the Exalted, shall not
accept from him salah (prayer) as long as that is on his body. Then, he put a finger
(his fore fingers) in each ear and said, "May they (both ears) become deaf if I had
1 Bayhaqi in Sha'bul Eeman.
2 Parenthesis depict translation as in Urdu text for Ajabahu (pleased him). - Mazahir Haq p 52.
3 Bayhaqi in Shu'ab ul eeman # 5771.

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not heard the Prophet صلى اللهعليه وسلم say it!"1
COMMENTARY: Even a small amount of wealth illegally acquired will have the effect of
salah (prayer) not being accepted to get him reward for it though his obligation will have
been discharged. It is like one offering salah (prayer) on illegally taken property belonging
to someone else in which case his obligation may stand discharged but he will get no
reward for his salah (prayer).
-صلى اللهعليه وسلم confirmed that he had heard the hadith from the Prophet رضى الله عنه Ibn Umar
CHAPTER - II
BEING GENTLE IN DEALINGS
بَابُ الْمُسَاهَلَةِفِى الْمُعَامَلَةِ
It is very necessary to be gentle in mutual dealings and in business affairs. This will
strengthen social relations and mutual cooperation and kindness. Ahadith on this subject
are narrated in this chapter.
SECTION I
اَلْفَضْلُ الْأَوَلُ
PROPHET'S PRAYER FOR THE GENTLE
(٢٧٩٠) عَنْ جَابِرٍ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَحِلَّمَ رَحِمَ اللهُ رَجُلًا سَمْحًا إِذَا بَاءَ وَإِذَا اشْتَرَى وَإِذَا
اقْتَفی-(رواه البخارى)
2790. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"May Allah have mercy on a man who is gentle when he sells, when he buys .
and when he demands."2
BE MILD ALLAH WILL SHOW MILDNESS TO YOU
(٢٧٩١) وَعَنْ حُذَيْفَةً قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِّ رَجُلًا كَانَ فِيْمَنُّ كَانَ قَبْلَكُمْ آَتَّاءُ
الْمَلَكُ لِيَقْبِضَ رُوْحَدٍ فَقِيْلَ لَهُ هَلْ عَمِلْتَ مِنْ خَيْرٍ قَالَ مَا أَعْلَمُ قِيْلَ لَهُ أُنْظُرْ قَالَ مَا أَعْلَمُ شَيْئًا غَيْرَ آَنَّ كُنْتُ
أُجَابِعُ النَّاسَ فِي الدُّنْيَا وَأُجَازِيْهِمْ فَأُنْظِرُ الْمُؤْسِرَ وَأَتَّجَاوَزُ عَنِ الْمُعْسِرِ فَأَدْخَلَهُ اللَّهُ الْجَنَّةًا مُتَفَقْ عَلَيْهِ وَفِى رَوَايَةٍ
لِمُسْلٍِ تَحْوَهُ عَنْ عُقْبَةَ بْنِ عَامِرٍ وَآنٍ مَسْعُودٍ الْآَنْصَارِيِّ فَقَالَ اللَّهُ اَنَا آحَقُّ بِذَا مِنْكَ تَجَاوَزُوا عَنْ عَبْدِئُ۔
2791. Sayyiduna Hudhayfah رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"There was a man among the people who preceded you. The angel came to him to
take away his soul. He was asked, 'Have you done any thing good?' He said, 'I do
not know.' He was asked to think over. He said, 'I do not know anything beyond
that I had business dealings with people in the world and when I demanded my
dues from them, I allowed respite to the rich and let the poor off.' So Allah
admitted him to paradise."3
1 Bayhaqi in Sha'b ul eeman 6114, Musnad Ahmad.
2 Bukhari # 2056, Ibn Majah # 2203.
3 Bukhari # 3451, Muslim # 26-1560, Darimi # 2546, Musnad Ahmad 5-395.

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رضى الله and Sayyiduna Abu Mas'ud Ansari رضى الله عنه Sayyiduna Uqbah ibn 'Aamir .2292
narrated samething like it: Allah said, "I have more right to do that than you
have forgive my slave!"1
COMMENTARY: The angel who came to the man was either Sayyiduna Izra'il (XuJI 4,le
himself or one of his sub-ordinates to take away his soul. It is more likely that he (Izra'il) 4,le
(JI had come as Allah says:
قُلُ يَتْوَقُگمُ مَلَكُ الْتَوْتِ الَّذِى وُِلَ پِگُمُ
{Say, 'The angel of death who has been given your charge shall take your souls.) (32: 11)
If it is a pure soul, the angels of mercy take it but if it is a bad soul, the angels of
punishment get hold of it. However, it must be known that the angel of death (whether
Izra'il (>Jule or any other angel) is only a means of extracting anyone's soul otherwise the
soul is taken and death given only by Allah, the Exalted, as the says so:
اللُّهُ يَتَوَلَى الْآَنْفُسَ حِيْنَ مَوِْمَا
{Allah takes the souls (of people) at the time of their death .... ] (89: 42)
As for the question to the man (when his soul was being taken), it was asked either by
Allah himself, or by the angels. The greater possibility is that the question was put to him
before his soul was taken as understood from the hadith. But, it is also possible that it was
put after he was buried in grave as Shaykh Mazhar alus, said. At the same time, Allamah
Teebi at , has also sounded the possibility that the question shall be asked (in the
hereafter) after resurrection.
The hadith says that it is very rewarding to give respite to one who is able to repay and to
write off for one who is unable.
AVOID SWEARING OFTEN WHILE TRADING
(٢٧٩٣) وَعَنْ أَبِيٍ فَتَادَةً قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِيَّاكُمْ وَكَثْرَةَ الْحُلْفِ فِي الْبَيْعِ فَإِنَّهِ يُتَفِقُ ثُمَّ
يَمُحُّ-(رواه مسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Qatadah .2793
said, "Beware of much swearing while buying and selling, for, though it may
promote sale yet it removes blessing."2
COMMENTARY: A man who swears much tends to lie too. That removes blessings and
people begin to mistrust him. They gradually stop buying from him.
(٢٧٩٤) وَعَنْ آبيْ هُرَيْرَةً قَالَ سَمِعْتُ رَسُولَ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَقُوْلُ الْخَلْفُ مُنْفِقَةٌ لِلِسِّلْعَةِ مُمْحِقَةٌ
للبرگة۔ (متفقعليه)
2794. Sayyiduna Abu Hurayrah a+, narrated that he heard Allah's Messenger
. Jule & say, "Swearing does get quick sale (in the beginning) for the merchandise
but (eventually) removes blessing."3
1 Muslim # 26-1560, Musnad Ahmad 4-118.
2 Muslim # 132-1607, Ibn Majah # 2209, Musnad Ahmad 4-118.
3 Bukhari # 2087, Muslim # 131-1606, Abu Dawud # 3335, Nasa'i # 4461.

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COMMENTARY: The hadith might mean too much swearing as also false swearing.
Whatever it be, swearing wipes out blessings from the merchandise and property.
Eventually, it is either misused or lost. There is no benefit in this world or the next.
WARNING AGAINST FALSE SWEARING
(٢٧٩٥) وَعَنْ أَبِ ذَرٍّ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ ثَلَاثَةٌ لَا يُكَلِّمُهُمُ اللَّهُ يَوْمَ الْقِيَامَةِ وَلَا يَنْظُرُ إِلَيْهِمْ
وَلَّا يُزِكِيْهِمْ وَلَّهُمُ عَذَابٌ أَلِيْهمْ قَالَ أَبُوْذَرٍ خَابُوْا وَخَسِرُوْا مَنْ هُمْ يَانَسُولَ اللَّهِ قَالَ الْمُسْبِلُ وَالْمَنَّابُ
وَالْمُنَفِقُ سِلُعَتَهُ بِالْخُلُفِ الگاذِبِ-(رواه مسلم)
2795. Sayyiduna Abu Dharr رضى الله عنه narrated that the Prophet صلى اللهعليه وسلم said, "Three
people there are to whom Allah will not speak (kindly) on the day of resurrection at
whom He shall not look (mercifully), and whom He shall not purify (from sins). For
them is a painful punishment." Sayyiduna Abu Dharr we dn >, exclaimed, "They are
failures and lost!" (And, he asked) "Who are they, O Messenger of Allah?" He said,
"He who wears a trailing robe. He who recounts his favours. And, He who expands
his business by false swearing."1
COMMENTARY: A trailing robe may also be any (trailing) lower garment hanging down
the ankles out of arrogance.
Anyone who reminds of his favours gets no reward for it whether it is an act of kindness,
of charity, or help.
Previously, anyone who swears falsely is defined.
SECTION II
الفَضلُ الثَّانِى
TRUTHFUL MERCHANT
(٢٧٩٦-٢٧٩٧) عَنْ آَنِ سَعِيْدٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ التَّاجِرُ الشَّدُوْقُ الْآَمِيْنُ مَعَ النَّبِيْنَ
وَالصِّدِّئْقِيْنَ وَالشُّهَدَاءِ- رَوَاهُ التِّزْ مِذِىُّ وَالدَّارِمِيُّ وَالدَّارِ قُطُنِيُ وَرَوَاهُ ابْنُ مَاجَةً عَنِ ابْنِ عُمَرَ وَقَالَ
التِّزْ مِذِىُّ هُذَا حَدِيثٌ غَرِيُبْ۔
2796. Sayyiduna Abu Sa'eed narrated that Allah's Messenger صلى الله عليه وسلم said, "The
truthful, trustworthy merchant will be (bracketed) with the Prophet (XuJI oule, the
upright true one and the martyrs."2
2797. Sayyiduna Ibn Umar رضى اللهعنه also narrated this hadith.3 .
COMMENTARY: The merchant may be an ordinary trader or monopolist. The best of all
trades is business of cloth followed by a perfumes (drapery and perfumery).
This person could be with those three great men in place of gathering in the shade of
mercy, or with them in paradise as their companion. He will be with the Prophets paulade
because of obedience to them, with the truthful people because of his own quality of
truthfulness and with the martyrs because they shall bear testimony to his honesty (the
word shuhada means martyrs and witnesses).
1 Muslim # 171-106, Nasa'i # 4458, Ibn Majah # 2208, Darimi # 2605, Musnad Ahmad 5-158.
2 Tirmidhi # 1213, Darimi # 2539.
3 Ibn Majah # 2139.

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CHARITY NECESSARY WITH TRADING
(٢٧٩٨) وَعَنْ قَيْسِ بُنِ آنٍ غَرَزَةَ قَالَ كُنَّا نُسَمِّى فِيْ عَهْدِ رَسُولِ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ السَّمَاسِرَةَ فَمَرَّبِنَا
تَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَسَنَّانَا بِاسْمٍ هُوَ أَحْسَنُ مِنْهُ فَقَالَ يَا مَعْشَرَ الثُّجَّارِ إِّ الْبَيْعَ يَخْفُرُهُ
اللَّغْوُوَالْخُلْفُ فَشُوُبُوْهُ بِالقَّدقَّةِ- (رواه ابوداود والترمذى والنسائى وابن ماجة)
2798. Sayyiduna Qays ibn Abu Gharazah As an », narrated that during the time of
Allah's Messenger صلى الله عليه وسلم they were known as as-Samasirah (brokers). One day,
Allah's Messenger صلى الله عليه وسلم passed by them and give them a name better than
that. He said, "O company of traders (tujjar), surely, in business vain talk and
swearing do crop up, so blend that with sadaqah (charity) (or charity)."1
COMMENTARY: Samasirah is plural of samsar meaning a broker or a proprietor or
supervisor. The Prophet صلى الله عليه وسلم called them tujjar which is a plural of tajir (merchant,
trader). It is a better name and Allah has used it to praise business as in the verse:
هَلْ آَدُلُّكُمْ عَلَى تِجَارَةٍ تُنْجِيْكُمُ مِنْ عَذَابٍ آلُچٍ
{Shall I direct you to a commerce that shall deliver you from a painful
chastisement?} (61: 10)
Or:
تِجَارَةٌ عَنْ تَرَاضٍ
{trading between you by mutual agreement .... } (4: 29)
Or:
تِجَارَُ لَنْ تَبُوْرٌ
{A commerce that perishes not } (35: 29)
The concluding command is to blend 'meaningless talk and swearing' with charity as an
expiation for inviting Allah's anger. Charity removes Divine wrath.
WARNING TO MERCHANTS
(٢٧٩٩ - ٢٨٠٠) وَعَنْ عُبَيْدٍ بُنِ رِفَاعَةَ عَنْ آَبِيْهِ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ الثُّجَّارُ هُشَرُونَ يَوْمٌ
الْقِيَامَةِ فُجَّارًا إِلَّامَنِ اتَّقَى وَبَرَّوَصَدَقَ - رَوَاهُ التِّرِ مِذِىُّ وَابْنُ مَاجَةَ وَالدَّارِمِيُّ وَرَوَى الْبَيْهَقِيُّ فِ شُعَبٍ
الْإِيْمَانِ عَنِ الْبَرَآءِ وَقَالَ التِّزْمِذُِّ هَذَا حَدِيْثُ حَسَنٌ صَحِيْهُ۔
2799. Sayyiduna Ubayd ibn Rifa'ah al dos, narrated that from his father that the
Prophet صلى الله عليه وسلم said, "The merchant shall be raised on the day of resurrection as
sinners, except those who fear Allah and are pious and truthful."2
2800. Sayyiduna Al-Bara رضى الله عنه also narrated that this hadith. 3
1 Tirmidhi # 1212, Abu Dawud # 3325, Nasa'i # 3803, Ibn Majah # 2145, Musnad Ahmad # 16134.
2 Tirmidhi # 1214, Ibn Majah # 2146, Darimi # 2538, Musnad Ahmad 3-428.
3 Bayhaqi in shu'b ul eeman.

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CHAPTER - III
◌َابُ الْخِيَارِ
OPTION TO CONFIRM OR TO REVOKE A TRANSACTION
The word Khiyar is derived from ikhtiyar which means 'to select or choose one of two
things.' Thus, the choice to cancel or retain a business transaction available to both parties
is called al-khiyar in the terminology of figh. There are many kinds of al-khiyar in business
transactions details of which may be seen in books of fiqh (Islamic jurisprudence).
However, we deem it necessary to name those kinds and to define them.
KHIYAR ASH SHART: (choice of stipulation) After a transaction is concluded, the seller
or the buyer or both have the right to revoke or retain the transaction. This is called khiyar
ash-shart. For instance, a seller sells something which a buyer buys, but, thereafter, one of
.
them says. "Though the sale is transacted, have the right for one day, two days or three
days to confirm or annual it." This kind of stipulation is allowed in such transactions and if
a transaction is revoked within the stipulated period then it would be cancelled but if it is
confirmed, or nothing is said, then after the stipulated period it will became final. The
period of stipulation is a maximum of three days according to Imam Abu Hanifah. dm,
KHIYAR UL AYB (CHOICE WHEN DEFECTIVE): It is the option available to the buyer,
after a sale transaction is concluded, on discovery of a defect, to hold on the purchased item
or to return it and get a refund of the price he had paid. However, if at the time of sale, the
seller had declared to the buyer that he is not responsible for any kind of defect detected in
the commodity so he may or may not purchase it. If the buyer buys is willingly in spite of
that, then whatever defect he discovers thereafter he has no right to return it.
KHIYAR US RU'YAH (OPTION TO INSPECT: The right of a buyer, who had bought the
merchandise without inspecting it, to return it, after having examined it, is called khiyar ur
riyah. A buyer is allowed to buy anything without examing it. Then, on seeing it, whenever
he likes, he may keep it or return it to the seller.
KHIYAR AT-TAYYIN (OPTION TO DETERMINE): It is the option available to the
buyer, who has bought a few things, to retain what he likes and return the others to the
seller. When he buys, he stipulates that he would keep one (or some) and return the others.
OTHERS: One more kind of Khiyar will be mentioned in this chapter Khiyar ul majlis. It is
that when buyer and seller conclude a transaction at a place then before that assembly
closes and they separate, both of them have the option individually to revoke the
agreement. Once the assembly is over, none of them has the option to annul the agreement
to transact. However, opinion differ on this kind of khiyar. Imam Shafi'I als, and some
other ulama (Scholars) accept this option but Imam Abu Hanifah ales, and a few others do
not subscribe to this option, saying that when a transaction was concluded by mutual
agreement, no one has the right to annul it. If khiyar ush shart was agreed at that time and
its maximum limit is three days then after three days this option too expires.
SECTION I
الفضل الأول
ABOUT KHIYAR UL MAJLIS
(٣٨٠١) عَنِ ابْنِ عُمَرَ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ الْمُتَبَّابِعَانٍ كُلُّ وَاحِدٍ مِنْهُمَا بِالْخِيَّارِ عَلى
صَاحِدٍ مَا لَمْ يَتَفَرَّقَا إِلَّ بَيْعَ الْخِيَارِ - مُتَّفَتْ عَلَيْهِ وَفِيْ رِوَايَةٍ لِمُسْلٍِ إِذَا تَبَايَةَ الْمُتَبَابِعَانٍ فَكُلُّ وَاحِدٍ مِنْهُمَا

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بِالْخِيَارِ مِنْ تَيْجِهِ مَا لَمُ يَتَفَّرَّقَا أَوْ يَكُوْنَ بَيْكُهُمَا عَنْ خِيَارٍ فَإِذَا كَانَ يَبِّئُهُمَا عَنْ خِيَّارٍ فَقَّدٌ وَجَبَ وَفِى
رِوَايَةٍ لِلِّمِذِيِّ الْبَيِّعَانِ بِالْخِيَّارِ مَالَمْ يَتَفَّرَّقَا أَوْ تَخْتَارًا وَفِى الْمُتَّفَقِ عَلَيْهِ أَوْ يَقُوْلُ أَحَدُهُمَا لِصَاحِبِ اخْتَرُ
بَدَلَ اَوْ يَخْتَارَا-
2801. Sayyiduna Ibn Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"The two parties (buyer and seller) in a business transaction own a right to annul it
as long as they have not separated except in Bai ul Khiyar (a transaction of optional
sale in which they enjoy the right to annul it).
A version in Muslim says: "The two parties in a business transaction enjoy a right
to revoke it till they do not separate, or the right to cancel is stipulated therein.
When that condition is made it remains valid."
A version in Tirmidhi says: "The two parties (to a transaction) have a right to revoke
the transaction as long as they do not separate, or retain the right (to cancel it later)."
A version: in Bukhari and Muslim says: "Or one of them says to the other party,
'exercise the right stipulated' (and the other agrees)" instead of 'or retain the right
(to cancel it later.'1.
COMMENTARY: This hadith seems to uphold Khiyar ul majlis, but those who do not
agree that khiyar ul majlis is a permitted kind (like Imam Abu Hanifah) al das, say that,
'separating from one another' is not the same as 'conclusion of the assembly.' Rather, they
say that separating signifies 'conclusion of their discussion about the trade transaction and
suspension.' While the offer and acceptance is yet unconcluded, each of them has choice to
call it off or continue it. However, once the seller confirms the sale and the buyer affirms
that he has bought it, neither of them has a right to revoke the transaction. These people
cite in support of this meaning of 'separating' in this verse
وَإِنْ يَتَفَّرَّقَا يُخْنِ اللَّهُ كُلََّ قِّنُّ سَعَّتِهِ
{And if they separate, Allah will enrich each of them out of His abundance} (4: 130)
This verse does not imply separating from an assembly. Rather, it is divorce, parting of
husband and wife.
(٢٨٠٢) وَعَنْ حَكِيُمِ بْنِ حِزَامٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ اَلْبَيِّعَانِ بِالْخِيَّارِ مَالَمْ يَتَفَرَّقَا
فَإِجْ صَدَقَا وَبَيَّنَا بُوْرِكَ لَّهُمَا فِى بَيْجِهِمَا وَإِنْ كَنَّمَا وَكَذَبَا مُحِقَّتُ بَرَكَةُ تَُچِهِمَا- (متفقعليه)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Hakim ibn Hizam .2802
said, "Both (the seller and the buyer) have the option to annui (or retain their
transaction) as long as they do not separate. If they speak the truth and disclose
everything they are blessed in their business transaction. But, if they conceal
something and speak lies, the blessing is withdrawn from their transaction."2
DO NOT DECEIVE
(٢٨٠٣) وَعَنِ ابْنِ عُمَرَ قَالَ قَالَ رَجُلْ لِلنَِّيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ إٍِّ أُخْدَهُ فِى الْبُيُوْءِ فَقَالَ إِذَا بَايَعُتَ فَقُلُ
1 Bukhari # 2107, Muslim # 431531, Abu Dawud # 3454, Tirmidhi # 1249, Nasa'i # 4465, Ibn Majah #
2181, Muwatta Maalik # 79 (Buyu), Musnad Ahmad 2-52.
2 Bukhari # 2079, Muslim # 47-1532, Tirmidhi # 1250, Musnad Ahmad 3-403.

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لَاخِلَابَةَ فَكَانَ الرَّجُلُ يَقُولُه- (متفق عليه) .
صلى الله narrated that a man submitted to the Prophet رضى الله عنه Sayyiduna Ibn Umar .2803
dale, "I become a prey to deception in business transactions." He instructed him,
"when you make a transaction, say (L)-y) (there is no deception)." The man made it
a practice of saying that.1
[(%)y) - la khilabah no deception.]
COMMENTARY: Different meanings have been attributed to the concluding words 'there
is no deception.' Of these, the explanation offered by Toorpushti ales, which Teebi alas,
has preferred is that the man was instructed to say to the seller. "I am naive in these
matters. So, be straight forward with me. Do not try to deceive me." In those days, every
Muslim was a well-wisher of another Muslim. So, they took great care of such a one.
SECTION II
الفَصلُ الثَّانِى
MUTUAL CONSENT
(٢٨٠٤) عَنْ عَمْرٍ وٍ بُنِ شُعَيْبٍ عَنْ آَبِهِ عَنْ جَدِّهِ أَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ البَيِّعَانِ بِالْخِيَارِ
مَا لَمْ يَتَفَّرَّقَا إِلَّ أَنْ يَدُوْنَ صَفْقَةُ خِيَّارٍ وَلَا يَحِلُّ لَهُ أَنْ يُفَارِقَ صَاحِبَهُ خَشْيَةً اَلْ يَسْتَقِيْلَه- (رواه
الترمذى وابوداود والنسائى)
2804. Sayyiduna Amr ibn Shu'ayb & us, reported from his father from his
.grandfather that Allah's Messenger صلى الله عليه وسلم said, "As long as they do not
separate, the seller and the buyer have a right to annul a transaction unless it is a
transaction with the right to annul it (even after they separate) included in it. And it
is not allowed to either of them to separate from the other apprehending that he
might call for an annulment of the transaction."2
(٢٨٠٥) وَعَنْ أَبِي هُرَيْرَةَ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا يَتَفَرَّقَنَّ اثْنَارٍ إِلَّ عَنْ تَرَاضٍ-(رواهابوداود)
2805. Sayyiduna Abu Hurayrah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said,
"The two people (seller and buyer) must not separate except by mutual consent."3
COMMENTARY: Both of them must not part from the another before finalising the terms
of the transaction with willingness, like price and custody of the item being sold. If they do
not follow this procedure, there is possibility of causing loss to one of them. This is
disallowed by Shari'ah (divine law). Or, the hadith means that when they have finalised
the transaction and one of them intends to depart, he must first ask the other if he has
agreed willingly to the terms or has any objection. If he wishes to revoke the transaction
then he too must revoke it and if he is willing to retain it, then he may separate after the
finalisation. In this way, this hadith will confirm to the previous, meaning wise. It must be
understood that the disallowance to separate is nahi tanzihi, because all the ulama
1 Bukhari # 2117, Muslim # 48. 1533, Abu Dawud # 3500, Nasai # 4484, Muwatta Maalik # 98 (Bayu)
Musnad Ahmad 2-8.
2 Tirmidhi # 1251, Abu Dawud # 3456, Nasa'i # 4490
3 Abu Dawud # 3458.

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(Scholars) agree that it is lawful to separate without one another's permission.
SECTION III
الفَصلُ الثَّالِثُ
RIGHT TO REVOKE AFTER AGREEMENT
(٢٨٠٦) عَنْ جَابِرٍ آَّ رَسُولَ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ خَيَّرَ أَعْرَابِنَّا بَعْدَ الْبَيْعِ - رَوَاهُ التِّزْ مِذِىُّ وَقَالَ هُذَا
حَدِيْثْ حَسَنْ صَحِيْمٌ غَرِيُبٌ.
2806. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم gave a
villager the option to annul a transaction (with the consent of the other party).1
CHAPTER - IV
AR-RIBA INTEREST (& USURY)
بابالّبُوا
Interest (receiving and paying) is a social curse and an ogre. It has always sucked the blood
of the poor to irrigate and feed the rich. Allah has warned those who are involved in this
cure with these words:
فَإِ لَّمْ تَفْعَلُوا فَأُذُنُوْا بِحَرْبٍ مِنَ اللّهِ وَرَسُولِه- (البقرة: ٢/٩:٢)
{And if you do it not, then be notified of war from Allah and His Messenger} (2: 279)
(If you do it not' mean if you obey not the command to desist from taking or paying.interest,)
Islam has forbidden interest dealings in both business and loans. To deal in it is a grave sin
and if any Muslim does not agree that interest (taking and giving) is forbidden then Islamic
law holds that he is a disbeliever.
This malady is very ancient. Even prior to Islam, the quraysh and the Jews, in Makkah and
Madinah respectively, were known to do interest business not only against loans, etc. but
also in their normal trading activities. At the same time, its evil effects have been
acknowledged always and even those who were engaged in interest dealings conceded to
its evil effects and unhealthy repercussions. However a fresh development is observed
since the Europeans have gained control over the economies of the world. They have
introduced it in new fashions with modern nomenclatures, where it was regarded as an
evil, now it is an essential element of every business so that no trade, industry of economic
activity can progress without interest. However, every learned economist with foresight
who casts a deep look into a realizes that it is a virus that must be removed to clear the
terrible confusion in the economy.
Interest dealings are so widespread and deep rooted in every economy that let alone
individuals and groups, whole nations cannot eliminate it from their lives. Even religious
minded, god fearing Muslim have now given up efforts to circumvent it in their day to day
businesses. Now, the righteous Muslim who abide by Shariah diligently are at par with
ordinary and law ranked Muslims as for as interest dealings are concerned.
In spite of that, it is wrong to take cover behind the common helplessness and be mindless
of this great curse; and a huge forbidden thing. The different explanations given for interest
and the new forms in which it is presented today are all as unlawful and forbidden as
1 Tirmidhi # 1259.

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interest is in its original form. Hence, Muslims must conduct their businesses in such a
manner that they preserve themselves from this curse as for as possible. If they cannot
change the current economic set up to rid themselves of interest dealings, they can, at least,
correct their private affairs to minimize the curse of interest and as Muslim fulfil the little
demand to avoid the forbidden.
In this chapter, ahadith will be mentioned concerning this subject. Relative commands and
rulings will be presented under them. It is necessary, however, to first give some basic
information on this subject.
DEFINITION OF RIBA: The dictionary meaning of riba is 'increase, addition, elevation.
In the terminology of Shari'ah (divine law), riba is an increase that is receive without a
monetary recompense.
DIFFERENCE BETWEEN RIBA AND INTEREST: That which is forbidden in the Quran
by the name of riba is translated generally as interest. This often causes a
misunderstanding to people and they presume that riba and prevailing interest are two
words for the same thing. But, it is not so. Riba is a common and wide meaning word while
interest is a kind of riba and its branch. Interest in the current form means 'to loan to
someone a specified some of money for a specified period of time at a specified rate of
profit or increase.' Certainly, this is one definition of riba, but riba is not merely profit or
increase on a loan or debt. Rather, riba has a wider application because the Prophet can
gave it a wider meaning in the light of divine revelation. Thus he included such
exchanges of commodities and such buying and selling of items as involve reduction or
increase in their barter or sale in purchase in riba and there is a debt transaction too even
though there is no increase in the principal amount but an equal giving and taking.
KIND OF RIBA AND COMMANDS: In the light of the wide meaning of riba, the jurists
have classified riba in different kinds of which five are generally known. They are: riba
qard, riba rahn, riba sharakat, riba nasi'ah and riba fadl.
RIBA QARD (LOAN): The creditor receives from the debtor, as previously stipulated, more
than the principal amount on the expiry of the determined time. Examples are the current form
of interest which is payable every month while the principal continues to be payable in full.
This form of riba is completely unlawful without any shadow of doubt whatsoever.
RIBA RAHN (MORTGAGE): It is the profit without any monetary recompense a
mortgage gets from the mortgagor or from the things mortgaged. An example for it is that
someone (the Mortgagor) keeps some of his possession like jewellary or property with
someone else (the mortgagee) as a pledge against some amount of money borrowed from
him. The mortgagee uses the pledged item to his benefit or receives profit from the
mortgagor by way of interest on the loan advanced. Both these kinds of mortgage are
unlawful and forbidden.
RIBA SHARAKAT (PARTNERSHIP): It is a partnership in which one partner determines
the profit of another partner and himself becomes responsible for loss and eligible for the
remaining profit. This too is forbidden and unlawful.
RIBA NASI'AH (ADVANCING MONEY AGAINST INTEREST): It is to better two
things on loan against interest or not. For example, a man gives another some grain on spot
and the other returns the same amount of grain (in future) a couple of days or a couple of
months later without any reduction of excess. However, riba nasi'ah is to increase or

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deduct or the original and it was practiced during the jihiliyah (ignorance period) and is
operative currently in the form of interest and is similar to riba qard.
RIBA FADL: It is to barter two commodities on spot but against excess or deduction.
Both these kinds of riba -an nasi'ah and al-fadl-are forms of mutual buying and selling but
unwary people do not detect the element of interest in them. Hence, before describing their
rules and working, it is proper to mention some warning and precautions to enable an easy
understanding of the rules and working.
1. Buying and selling, and trading, can be of three kinds; by weight, be capacity, by any
other method. The first two are weighed or measured and in the terminology of Shari'ah
(divine law) they are called qadr (,5). This word must be remembered. (It means quantity,
weight or capacity.)
2. Everything is distinct with its reality. It is its jins (_) or kind (genus). This word must
be remembered too.
3. The things that are exchanged could be identical in qadr (quantity) but different in jins
(kind), or identical in jins but different in qadr. Sometimes, they could be identical both in
qadr and jins, or not at all identical in either qadr or in jins. These days business is
conducted in the last manner because monetary currency (rupees, pounds,etc) is paid for
the merchandise which are identical neither in qadr nor in jins. Therefore, there are four
kinds of exchanges; (i) identical qadr and identical jins, (ii) identical qadr but verying jins,
(iii) identical jins but varying qadr, and (iv) both qadr and jins varying, not identical at all.
Having outlined this introduction, the general rule to be observed when buying and
selling, or doing business, should be borne in mind. If that is done then all the rulings of
this chapter will be understood easily and also it will be easy to preserve oneself from riba
and sin in one's practical life.
The general rule is that when both things are identical in qadr as swell as jins then Shari'ah
(divine law) demands two things when they are traded against one another:
(a)
They must be equal in weight or measure (capacity) and
(b)
They are exchanged on the spot.
For instance, if wheat is paid for wheat, there should be no reduction or increase. The two
people involved must pay the same weight to one another, say one kilogram here and
there. Also, it is wrong for one to take possession on spot and for the other to receive it the
next day or after a while. Rather, it is wajib (obligatory) for each to get his right in the same
sitting and at the same time.
When the two things are identical in qadr (quantity) but different in jins (kind), or vice-
versa (dentical in jins but different in qadr), reduction and increase is allowed in buying or
selling them but credit sale is disallowed. For instance, if wheat is exchanged for gram, they
are of different jins but identical qadr so it is allowed to reduce or increase their weight and
one kg of wheat may be exchanged with 1. 25 kg of gram, but it is not allowed to give one
of the spot and get the other commodity later. Similarly, if any one wishes to exchange his
goat for another's, the goats are of identical jins but not qadr because they are neither
weighed nor measured, so it is permitted to reduce or increase and give one goat for two
goats, but credit is disallowed.
When two things are neither of identical jins nor identical qadr, both reduction or increase
as well as spot and future delivery are allowed. For instance, if grain is sold against money,
it is not necessary that they should be equal in quantity and also credit sale is permitted.

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The transaction may be executed on the spot or in the future.
This general rule may be summed up in four parts:
(i)
When things are of uniform qadr and jins it is wajib (obligatory) that the
transaction should be on an equal basis and on spot delivery.
(ii)
When they are neither of identical qadr nor of jins, neither of the two foregoing
condition is wajib (obligatory).
(iii)
When they are of identical jins but different qadr, spot delivery is essential but
not equal basis.
(iv)
When they are of identical qadr but different jins, it is essential that delivery
must be spot but not necessary to be on equal basis.
RULINGS: Let us now turn to the rules of riba: nasiyah and fadl. They have been
mentioned earlier.
If a transaction involves such things as are uniform or identical both in jins and in qadr.
Imam Abu Hanifah ale-, holds that both kinds of riba, nisiah and fadl are forbidden. Both
jins and qadr have been explained previously. We must remember that such things which the
Prophet Lyd,le do has called measurable will not be weighed even if in custom they may be
regarded as weighable. Similarly, what he has called weighable will not be measurable even
though they are customarily measured. For example, the Prophet , Ale an has included
wheat among the measurable items though today it is weighed. (in some places, it continues
to be measured.) So, it is not allowed to exchange wheat with wheat by weight.
Similarly, the Prophet صلى الله عليه وسلم has said that silver and gold are weighable. Hence, it is
not allowed to barter silver with silver and gold with gold by measure. We must know that
a clear command of the Prophet صلى الله عليه وسلم is stronger and more important than general
practice and custom, but if he has not given a command for anything to be weighed or
measured then custom may be followed.
However, we must know that among the Hanafis, Imam Abu Yusuf al das, has relied
completely on general practice and custom. He said that it is allowed to trade by weight
those things which Shari'ah (divine law) has prescribed should be measured provided
customarily they are trailed by weight. Kamal als, has given preference to the opinion of
Abu Yusuf al>). Therefore, he has permitted that gold and silver coins may be counted for
lending and flour may be traded by weight. Besides, it is stated in the most reliable book
Kafi that the Hanafis go by the ruling of Imam Abu Yusuf ale>>. This means that though
the Prophet , le ant had declared wheat (or other provision) as measurable yet it is
allowed to trade in them by weight because this is how they are traded now-a-days.
Anyway, it is established that both riba nasiah and riba fadl are forbidden in dealing in
things that are an identical jins and qadr. Further, if trading is in such things as are
identical in one of two things jins or qadr then riba nasiah is forbidden but riba fadl is not
unlawful. Therefore, if wheat is bartered with wheat, gram with gram, lime with lime, gold
with gold, iron with iron then both fadl (which is reduction and increase as well as spot
exchange) and nasi'ah (which is a credit transaction) are forbidden. The reason is that both
qadr and jins are respectively identical.
If wheat is exchanged with gram or gold with silver or iron with copper then fadl (which is
"trading with deduction and increase as also spot exchange) is allowed but nasiah is
disallowed (this being a credit transaction) because only qadr is identical in both items, in
the sense that wheat and gram are traded by measure or weight, iron is traded by weight as

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is copper and silver too, but, in these cases, jins is not identical.
If a piece of cloth is traded with another piece of this cloth, or a horse with another horse,
even then fadl will be allowed and nasiah forbidden because jins only is identical but not
qadr, in the sense that neither is cloth measured or weighed nor is horse, while the
standard of Shari'ah (divine law) is by measure or by weight. And yard, etc. are not
recognized by Shari'ah (divine law) as standards.
If trading is in such two things as are not identical in qadr as well as jins, then while
trading in them both fadl and nasiah are lawful. For example, if wheat is exchanged with
silver or iron then both fadl and nasiah are allowed because neither is jins identical nor is
qadr identical in the sense that wheat is measurable and silver or iron weighable. Similarly,
if iron is bartered with gold, or gold with iron, both fadl and nasiah are allowed, because
again they lack the identical aspect in jins and qadr, both. Gold is weighed in a way
different from the way iron is weighed. The same ruling applies to trading in wheat against
lime, because the same situation presents, itself. The measure of wheat is in a different way
from lime, (This applies in places where instead of weighing measurement is the practice)
SECTION I
اَلْفُضِلُ الْأَوَلْ
CURSE ON RECEIVER & GIVER OF INTEREST
(٢٨٠٧) عَنْ جَابِرٍ قَالَ لَعَنَّ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ اكِلَ الرِّبَا وَمُؤْكِلَهُ وَكَاتِبَهُ وَشَاهِدَيْهِ وَقَّالَ هُمْ
سَوَاءٌ- (رواه مسلم)
2807. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم cursed the
person who receives interest, who pays it, who records it (the transaction) and the
two who bear witness to it. And he said, "They are alike" (in the sin they commit
though degrees of sin may differ).1
COMMENTARY: The scribe who record the deal of interest and the witnesses are cursed
because they are the one who cooperate in doing the illegal. It is forbidden to do so.
INTEREST ON EXCHANGE OF ITEMS OF SAME KIND
(٢٨٠٨) وَعَنْ عُبَادَةً بُنِ الشَّامِتِ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ النَّهَبُ بِالذَّهَبِ وَالْفِقَّةُ
بِالْفِقَّةِ وَالْبُرُّ بِالْبُرِّ وَالشَّحِيْرُ بِالشَّعِيْرِ وَالثَّمْرُ بِالثَّمْرِ وَالْمِلُ بِالْمِلْجِ مِثْلًا بِمِثْلٍ سَوَاءً بِسَوَاءٍ يَدًّا بِيَّدٍ فَإِذَا
اخْتَلَفَتُ هُذِهِ الْأَصْنَافُ فَسِيْعُوْا كَيْفَ شِئْتُمُ إِذَا كَانَ يَدًّا بِيَّدٍ- (رواه مسلم)
صلى الله narrated that Allah's Messenger رضى الله عنه Sayyiduna Ubadah ibn as-Samit .2808
jule said, "If gold is exchanged with gold, silver with silver, wheat with wheat,
barley with barley, dates with dates and salt with salt then the exchange must be
like for like and qual for equal (in quantity) and hand to hand. But, if kinds differ
(like wheat for barley) then you may sell as you wish provided the exchange is
hand to hand (on the spot)."2
COMMENTARY: It is this hadith that has given riba a comprehensive meaning to include
1 Muslim # 106-1598, Tirmidhi # 1210.
2 Muslim # 51-1587.