النص المفهرس

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bargain. The hadith says that the seller's word held good, if he speaks on oath. After that
the buyer has option to retain the deal or make a counter statement on oath in which case
the deal will be maintained only when one of then accepts the other's word. If none of them
submits, then the judge or ruler may conceal the deal whether the commodity is there in its
original condition or not. This is the.option of Imam Shafi'I als,. But, Imam Abu Hanifah
à , and Imam Maalik als, contend that if the commodity is not intact then both the
parties need not swear both the parties need not swear but the word of the buyer on oath
will be reliable. The words if the item that is being sold and bought is intact' support the
contention of these two (imams). The words in the second version that 'the sellers' word
prevails also up hold the Hanafi view. If the item remains in its original from then the seller
should affirm on oath what he says. If he does, then the buyer has option to accept the
seller's word or counter him with his own word on oath. Or, both of them may annul the
bargain. If the item is not intact in its original form then the buyer's word on oath will be
accepted, and the seller will not be asked to swear.
This issue has been treated here briefly but the Hidayah has dealt with it exhaustively. The
scholars may refer to it.1
THE ISSUE OF IQALAH BAI'
(٢٨٨١) وَعَنْ أَبِي هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ آَقَالَ مُسْلِهًا آَقَالَهُ اللَّهُ عَفْرَتَهُ يَوْمٌ
الْقِيَامَةِ - رَوَاهُ أَبُوُ دَاؤدَ وَابْنُ مَاجَةَ وَفِي شَرُحِ الْسُنَّةِ بِلَفْظِ الْمَصَابِيحِ عَنْ شُرَيْحِ الشَّامِيِّ مُرْسَلًا-
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .2881
said, "If anyone cancels a sale with a Muslim, then Allah will forgive him his sins
on the day of resurrection.2
COMMENTARY: Iqalah is to cancel a transaction, to return the commodity purchases. It is
stated in Saharh us sunnah (Prophet's صلى الله عليه وسلم practice) that in Bai' and salam iqalah is
permitted both before and after possession.
This hadith is transmitted muttasil by Abu Dawud and Ibn Majah and even Haakim. But
Masabih has reported it in a mursal form.
SECTION III
الفَصلُ الثَّالِثُ
A DIDACTIC EVENT
(٢٨٨٢) عَنْ أَبيْ هُرَيُرَةَ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ اشْتَرِى رَجُلْ مِمَّنُ كَانَ قَبْلَّكُمُ عَقَارًا مِنْ
رَجُلٍ فَوَجَدَ الَّذِى اشْتَرَى الْعَقَارَ فِيْ عَقَّارِه جَرَّةٌ فِيْهَا ذَهَبْ فَقَالَ لَهُ الَّذِى اشْتَرِى الْعَقَّارَ خُذُ ذَهَبَكَ عَبِّ إِنَّمَاٌ
اشْتَرِيْتُ الْعَقَارَ وَلَمْ أَبْتَهُ مِنْكَ الذَّهَبَ فَقَالَ بَائِعُ الْأَرْضِ إِنَّمَا بِعْتُكَ الْآَرْضَ وَمَا فِيُّهَا فَتَحَاكَمَا إِلى رَجُلٍ
فَقَالَ الَّذِى تَحَاكَمَا إِلَيْهِ أَلَكُمَا وَلَدْ فَقَالَ أَحَدُهُمَا لِيْ غُلَامْ وَقَالَ الْآخَرٌ لِيُ جَارِيَّةٌ فَقَالَ أَنْكِحُوا الْغُلَّامَـ
الَجَارِيَةَ وَانْفِقُوا عَلَيْهِمَا مِنْه وَ تَصَدَّقُوا۔ (متفق عليه)
1 The Hidaya v2 p578 etc (Eng tr) Darul Isha'at, Karachi (in two volumes)
2 Abu Dawud # 3460, Ibn Majah # 2199, Musnad Ahmad 2-252.
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2882. Sayyiduna Abu Hurayurah صلى الله عليه وسلم said, "A man among those who lived
before you bought a piece of land from another man. This man who had bought it
found in it a pit that had gold inside. So, the buyer said to him (the seller). Take
your gold from me, for, I had bought only the piece of land and did not buy gold
from you." The seller of the land said, 'I had indeed sold to you the (piece of) land
and whatever was in it.' So, they took their affair to a man to arbitrate between
them. The arbitrator asked them, "Do you have children?" One of them said, "I
have a son. The other said, 'I have a daughter.' So he said, 'Marry the boy to the girl
and spend on them both from it and give charity."1
COMMENTARY: This had taken place in the times of prophet Dawud (> Jule. Some ulama
(Scholars) assert that the two men had requested him to decide their case for them. He gave
a judgment that only a Prophet could give. This hadith is evidence that it is meritorious to
reconcile two people. It is mustahab (desirable) to do so both for a judge or ruler and for one
who is not a judge or ruler.
CHAPTER - VII
AS-SALAM WA AR RAHN (PROMPT PAYMENT &
PLEDGING OR PAWNING)
بَابُ السَّلَمِ وَالِهْنِ
Salam is a business transaction in which the thing purchased is deferred while payment is
prompt. Delivery of what is bought is given later and of price is on the spot.
This kind of bargain is called salam and also salaf. The buyer is called rabbus salaam the
price is rasul maal, the seller is musallam ilaihi (or musallam us salaam) and the thing bought
is musallam fihi.
This kind of sale is allowed by Shari'ah (divine law) provided all its conditions are met.
There are sixteen conditions, six pertain to ra'sul maal and ten to musallam fihi
(respectively price and the wares bought and sold).
The six conditions pertaining to ra'sul maal are:
(1) To disclose the jins, meaning to name the currency: dinar or dirham or ashrafi or
rupees, etc.
(2) To disclose what nature of currency: silver, gilt or paper.
(3) To disclose their kind: genuine or counterfeit.
(4) To disclose how many: one hundred or more, or less.
(5) To pay cash on spot and not defer paynient.
(6) The seller should take possession of ra'sul maal in the very meeting in which the
business contract is concluded.
The ten conditions pertaining to musallam fihi (the item purchased) are:
(1) To disclose the jins which is to say explicitly what the commodity is, for instance,
wheat, barley, gram.
(2) To disclose its peculiarity, like wheat of such a kind and origin.
(3) To disclose its quality: good, bad, mediocre.
(4) To disclose clearly its quantity.
(5) To disclose whether it is weighable, measurable in capacity or in cubits, or in numbers.
1 Bukhari # 3472, Muslim # 21-1721, Ibn Majah # 2511, Musnad Ahmad 2-316.

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(6) To define time of delivery: when will it be taken and the least time is one month.
(7) The item sold and bought should be available continuously in the market from the time of
agreement till the time of delivery, so that the transaction is not of something non-existent.
(8) Bai' salam should be concluded without the condition of khiyar, meaning it should not
include the option to retain or cancel the transaction of sale and purchase.
(9) If the item sold is very heavy that it has to be transported then place of delivery must
be defined, meaning that it should be stipulated in clear terms that it would be handed
over at such-and-such a place.
(10) The item bought should be such as is determined and known by mentioning its jins,
kind and nature. If anything cannot be known and determined by mentioning its jins,
.
nature and kind like an animal or cloth of some kind then its Bai' salam is not lawful.
SECTION I
SOUND CONDITIONS OF BAI' SALAM
الفصل الاول
4
(٢٨٨٣) عَنِ ابْنِ عَبَّاسٍ قَالَ قَدِمَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ الْمَدِيْنَةَ وَهُمْ يُسْلِفُوْنَ فِى القِّمَّارِ السَّنَّةَ
وَالسَّنَتَيْنِ وَالثَّثَ فَقَالَ مَنْ أَسْلَفَ فيْ شَهِىٍ فَلْيُسْلِفُ فِ كَيْلٍ مَعْلُؤْمٍ وَ وَزٍْ مَعْلُومٍ إِلَى أَجَلٍ مَعْلُؤْمٍ.
(متفق عليه)
صلى الله عليه وسلم narrated that when Allah's Messenger رضى الله عنه Sayyiduna Ibn Abbas .2883
came to Madinah; they contracted Bai' salam for fruit for one, two or three years
(which is to pay in advance and ask for delivery after one, two or three years). So, he
said, "Those who make Bai' slam must make it for a specified measure, specified
weight with a specified time period."1
COMMENTARY: Apart from fixing the weight and measure of the commodity that is sold
under salam, the time too should be fixed.
Fixing the time is a condition for the Bai' to be sound. Imam Abu Hanifah al wasy. Imam
" Maalik al, and Imam Ahmad al-, go by this hadith but Imam Shafi ales, holds that it is
not necessary and not a condition to determine the time period.
BUYING ON CREDIT & PLEDGING ARE ALLOWED
(٢٨٨٤) وَعَنْ عَائِشَةَ قَالَتْ إِشْتَرِى رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ طَعَامًا مِنْ يَهُوْدِيٍّ إِلى آجَلٍ وَرَهَنَهُدِرًُّا
.
لَهُ مِنْ حَدِيدٍ ۔ (متفق عليه)
2884. Sayyidah Ayshah رضى الله عنها narrated that Allah's Messenger صلى الله عليه وسلم bought
some grain from a Jew on credit payable at a specified time and pledged with him a
coat of mail belonging to him.
COMMENTARY: This hadith teaches us some rulings.
First, it is allowed to buy something on credit and pledge any of one's belongings.
Secondly, it is allowed to pledge something in one's residence too apart from during a
journey, though the Quran has restricted pledging any thing only during a journey:
1 Bukhari # 2239, Muslim # 127. 1604, Abu Dawud # 3463, Tirmidhi # 1315, Nasa'i # 4616, (4620), Ibn
Majah # 2280, Darimi # 2583, Musnad Ahmad 1-217.

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وَإِنْ كُنْتُمْ عَلَى سَفَرٍ وَلَمُ تَجِدُوْا كَاتِبًّا فَرِهَارْ مَقْبُوْضَةٌ - (البقرة ٢: ٢٨٣)
{And if you are on a journey and you cannot find a scribe, a pledge in hand may be
taken.} (2: 283)
The ulama (Scholars), write that the conditional clause 'if you are on a journey' is merely
accidental. This command is equally operated 'in residence' when one is not on a journey.
Thirdly, it is allowed to engage in transactions with the dhimmis (the peoples of the Book,
Jews or Christians, who reside in the Islamic state after paying jizyah). All the ulama
(Scholars) say that it is allowed to buy sell with the dhimmis and the infidels, provided it is
established that what they have is not unlawful. But, Muslims are not allowed to sell
weapons or war materials to the enemy or people on war with the Muslims. Similarly, it Is
not allowed to sell to any disbeliever anything as may propagate or give strength to his
religion. It is also not allowed to sell to the disbeliever the mashaf (copy of the Quran) and
a Muslim's slave.
صلی اللهعليه وسلم said that this hadith makes it very clear that the Prophet رحمه الله Allamah Nawawi
did not own worldly property. It is strong example of his indifference to material wealth
and of his trust in Allah.
This hadith is proof that it is allowed to pledge war equipment of the Muslims with the
dhimmis. The Prophet ,le do did this to show that this thing is allowed otherwise he
could, have pledged the weapon with one of the sahabah (Prophet's Companions) (cds+).
This is what the u lama say. However, some ulama (Scholars) say that the Prophet ,4,lean
pledge his coat of mail with a Jew because no one but Jews had surplus grain at that time.
(٢٨٨٥) وَعَنْهَا قَالَتْ تُوَنِّ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَدِرْعُهُ مَرُهُوْنَهْ عِنْدَ تَهُوْدِيٍّ بِقَلَائِهُنَّ صَاعًا مِنْ
شَعِيٍْ- (رواه البخارى)
2885. Sayyidah Ayshah رضى الله عنها narrated that Allah's Messenger صلى الله عليه وسلم died
leaving his coat of mail in pledge with a Jew for thirty sa' of barley.1
(٢٨٨٦) وَعَنْ آنٍ مُرَيْرَةَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ الظَّهْرُ يُرُكَبُ بِنَفَّقَتِهِ إِذَا كَانَ مَرُهُوْنًا
وَلَّبَنُ الذَّرِّ يُشْرَبُ بِنَفَقَتِهِ إِذَا كَانَ مَرْهُوْنًّا وَعَلَى الَّذِى يَرْكَبُ وَيَشْرَبُ النَّفَقَةُ - (رواه البخارى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .2886
said, "The pledged animal may be ridden if it is fed and so the milk of the pledged
which animals may be drunk if payment is made for it. He who rides and he who
drinks is responsible for the expenses incurred."2
COMMENTARY: Mulla Ali Qari ales, has deduced a ruling from the first portion of the
hadith. The gist of it is that if any one pledges his animal with anyone else then its expenses
of feeding etc are on him (the mortgagor), so he may use it for transporting. Imam Abu
Hanifah ales, and Imam Shafi ale>, rule accordingly.
However, Shaykh Abdul Haq als, has concluded from the last portion of the hadith that
whosoever rides, or uses the milk of a pledge animal will be liable to shoulder its expenses
1 Bukhari # 4467.
2 Bukhari # 2512, Abu Dawud # 3526, Tirmidhi # 1258, Ibn Majah # 2440, Musnad Ahmad 2-472.

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whether he is the mortgagor (pledger) or the mortgagee. In other words, whichever of the
two bears the expenses of feeding, etc. of the mortgaged animal is authorized to use to for
riding and milking.
Thus, the hadith would mean that one with whom the animal is pledged or mortgaged is
allowed to expend on it and use it to his benefit. But, most ulama (Scholars) disagree.
Accordingly, the Hidayah, too says that the mortgagee is not allowed to use the animal and
the mortgagor is responsible for its upkeep and feeding. The mortgagee is not permitted
because any debt that fetches profit is unlawful. Therefore, the ulama (Scholars) say that
this hadith is abrogated by the hadith following.
SECTION II
الفضلالثانی
MORTGAGED THING IS MORTGAGOR'S PROPERTY
(٢٨٨٧- ٢٨٨٨) عَنْ سَعِيْدِ بْنِ الْمُسْتِّبِ آَكَّ رَسُولَ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا يَغْلَقّ الرَّهُنُ الرَّهُنَ مِنْ
صَاحِبِهِ الَّذِى رَهَنَّهُ لَه ◌ُنْمُهُ وَعَلَيْهِ غُرُمُه - رَوَاهُ الشَّافِىُّ مُرْسَلًا وَرُوِىَ مِثْلُهُ أَوْ مِثْلُ مَعْنَاهُ لَا يُخَالِفُ عَنْهُ عَنْ
آَيْ هُرَيْرَةًمُتَِّلًا-
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Sa'eed ibn Musayyib .2887
, said, "A pledge is never lost to its owner if he does not redeem it in time. So, every
profit or appreciation in its value is for him and every loss will be borne by him."1
2888. Sayyiduna Abu Hurayrah usa +, is also known to have narrated that like of it
or of like meaning in a muffasil (connected) manner.2
COMMENTARY: If a person places some of his property in mortgage, he does not lose
ownership over it. That thing continues to be his property. If rent accrues on it or there are
other kinds of income from it, the mortgagor is the beneficiary. If it is an animal, he can use
it and if it breeds, its young belong to him.
In the same way, he is liable to bear all loss even if it occurs in the custody of the
mortgagee. In that case, nothing of the rights of the mortgagee will be forfeited and he will
get the full amount loaned by him.
In some copies of Mishkat, Imam Shafi'I ale>, is the transmitter of the hadith (2888) of Abu
.رضى الله عنه Hurayrah
THE CUSTOMARY FORM OF MEASURING OR WEIGHING IS THE STANDARD
(٢٨٨٩) وَعَنِ ابْنِ عُمَرَ أَّ النَِّيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ الْمِكْيَالُ مِكْتَالُ أَهْلِ الْمَدِيْنَةِ وَالْمِيْزَّاكُ
مِيزَانُ آهلٍ مَگگ۔(رواهابوداؤد والنسائى)
2889. Sayyiduna Ibn Umar رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "The
measure (of capacity) is what the people of Madinah use and the (measure of)
weight is what the people of Makkah use."3
COMMENTARY: For zakah (Annual due charity) and other Shari'ah (divine law) rights,
1 Daraqutni # 133 (Buyu)
2 Mustadrak Haakim 3-51.
3 Abu Dawud # 3340, Nasa'i # 2594.

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the standard for buying and selling is the measure of capacity that is used in Madinah and
the weighing as used in Makkah. In the times of the Prophet ,le a Lo forms of measure
and weight used in Makkah and Madinah were different. This might have caused some
confusion in calculating zakah (Annual due charity), sadaqatul fitr, etc. Thus, zakah
(Annual due charity) would be wajib (obligatory) on dirhams when they confirm to the
weight of Makkah and are two hundred. For sadaqatul fitr and other wajib (obligatory)
sadaqat the sa' of the people of Madinah is reliable. In those days, grain was transacted by
measure of capacity and the people of Madinah were agriculturists who were adopt at
these measure the merchants of Makkah could use weight better.
WARNING TO THE DEFRAUDER
(٢٨٩٠) وَعَنِ ابْنِ عَبَّاسٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لِأَصْحَابِ الْكَيْلِ وَالْمِيْزَانِ إِنَّكُمُ
قَدُوُلِّئْتُمْ آمُرَيْنِ هَلَكَّتْ فِيْهِمَا الْأُمَمُ التَّابِقَةُ قَبْلَكُمُ - (الترمذى)
2890. Sayyiduna Ibn Abbas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said
to the people who (when they bought and sold) measured by capacity and by
weight, 'you are, indeed, entrusted with two matters on account of which people
who lived before your time perished."1
COMMENTARY: People of ancient times were known for giving less weight and measure
but receiving in full. This is why Allah punished them. The most evil of them were the
.عليه السلام people of Prophet Shu'ayb
SECTION III
الفَضلُ الثَّالِثُ
ADVANCE SALE OF PURCHASE OF BAI' PURCHASE OF BAI' SALAM
DISALLOWED
(٢٨٩١) عَنْ آتِيْ سَحِيْدِنِ الْخُدْرِيِّ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَنْ أَسْلَفَ فِي شَىءٍ فَلَا يَصْرِفُه
إِلَى غَيْرِه قَبْلَ آَ يَقُبِضَه۔ (رواه ابوداود وابن ماجة)
صلى الله narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Sa'eed al-Khudri .2891
ugole said, "If anyone concludes Bai' salam (with anyone) for something (paying
cash for a later delivery) then he must not transfer it to another before taking
possession of it."2
COMMENTARY: He must not sell or present to anyone that thing (for which he has paid
advance) till he gets hold of it. It may also mean that he should not change that thing for
any other thing before he gets delivery of it.
1 Tirmidhi # 1221.
2 Abu Dawud # 3468, Ibn Majah # 2283.

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1
CHAPTER - VIII
AL-IHTIKAR WITH HOLDING FOOD ITEMS TILL
THEIR PRICES RISE
بَابُالْأُتِكَارِ
MEANING OF IHTIKAR:
The dictionary meaning of ihtikar is 'to hoard grain and
provision to be able to sell at higher prices.' In the terminology of Shari'ah (divine law)
ihtikar means 'to withhold all kinds of food items of men and animals to be able to sell at
higher prices.' An example is of a person who buys grain, etc. when prices are rising and
Allah's creatures need it more. His intention is to hoard it with him till inflation goes
higher when he would sell it.
THE COMMAND: In the eyes of Shari'ah (divine law), lihtikar is haram (forbidden,
unlawful). One how perpetrates this deed is extremely disliked by Shariah. However, if any
one stores grain from the produce of his own land, or grain that he bought when it was cheap
to sell when it becomes dear then it is not haram (unlawful, forbidden). Similarly, it is not
forbidden to withhold such things as are not used as provision and are not food necessities.
According to the Hidayah, however, it is makruh (disapproved) to withhold food
necessities of men and animals provided when it will cause harm to the dwellers of the
city, like a small city. It is disallowed in such places. In a large city where it is not likely to
hart anyone, it is not disallowed.
It is also mentioned in the Hidayah, that if any one withholds grain of his own land or
what he brings from another city after buying it there, then this person will not be a
withholder in the eyes of Shari'ah (divine law).1
SECTION I
اَلَفَضِلُ الأوَّلُ
WITHHOLDER OF GRAIN IS A SINNER
(٢٨٩٢) عَنْ مَعْمَرٍ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ مَنِ اخْتَكَّرَ فَهُوَ خَاطِئٌ - (رواه مسلم)
2892. Sayyiduna Ma'mar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"He who holds back grain till price goes up is a sinner."2
We shall narrate the hadith of Sayyiduna Umar كانت اموال بنى نضير) رضى الله عنه) in the chapter
Fai (Book XVIII Ch XII Hadith # 4052)
SECTION II
الفَصلُالثَّانِى
WARNING TO THE WITHHOLDER
(٢٨٩٣) عَنْ مُمَّرَ عَنِ النَّبِيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ الْجَالِبُ مَرْزُوُقْ وَالْمُحْتَكِرُ مَلْعُوْبْ - رَوَاهُ ابْنُ
مَاجَةَ وَالدَّارِمِّ
2893. Sayyiduna Umar رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "The trader
is given provision while the withholder till prices rise is accured."3
1 Hidayah v2 p 458 (English tr) Darul Ish'at, Karachi.
2 Muslim # 129-1605, Abu Dawud # 3447, Ibn Majah # 2154, Darimi # 2543, Musnad Ahmad 6-400.
3 Ibn Majah # 2153, Darimi # 2544.

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COMMENTARY: Allah blesses with provision the person who buys and brings grain from
other places to the city and sells it to its dwellers at normal, prevailing rates. In contrast,
one who takes advantage of the plight of people enduring shortage of people enduring
shortage of food and hoards items of food, is a sinner. He is far removed from good. As
long as he is involved in it, he is deprived of blessing.
RULER SHOULD NOT FIX PRICES
(٢٨٩٤) وَعَنْ آَنٍّ قَالَ غَلَا السِّعْرُ عَلَى عَهْدِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالُوا يَا رَسُولَ اللَّهِ سَعِّرْلَنَّا فَقَالَ
الشَّيِّ صَلَى اللهُ عَلَيْهِ وَسَلَّمَ إِّ اللهَ هُوَ الْمُسَعِرُ الْقَابِضُ الْبَاسِطُ الرَّازِقُ وَإِنِّيْ لَأَرْجُوْاَ اَلْقُی ◌َنٍ وَلَّئْسَ
أَحَدْ قِنْكُمْ يَطْلُبُنِى بِمَظْلِمَةٍ بِدَمٍ وَلَّا مَالٍ- (رواه الترمذى، وابوداود وابن ماجة)
2894. Sayyiduna Anas usa », narrated that prices increased in the times of Allah's
Messenger صلى الله عليه وسلم .So they pleaded, 'O Messenger of Allah, do fix the prices
for us." He said, Indeed, Allah is (J) (Al-Musa'ir - one who fixes prices), (Aldı)
(Al-Qabid - He who withholds), (ku) (Al-Basit He who bestows). And (JUJi) (Ar
Razzaq - one who provided provision). And, I hope that I meet my Lord in such a
condition that none of you has a demand over me for an injustice concerning
blood and property."1
COMMENTARY: Rise and decline of prices is only in Allah's hand. He causes provision of
the people to be generous through changes in prices. Some people call it 'heavenly rates.'
So, when it is time of high prices and inflation, resort must be had to Allah and help must
be sought from Him. One must correct one's beliefs and deeds and seek to earn Allah's
pleasure so that He may be pleased with His slaves and multiply their provision.
The Prophet صلى الله عليه وسلم declined to fix prices because that would be an unnecessary
interference in the affairs of people. It amounts to using their property without their
permission and wish. This is a kind of oppression and may drive people to wind up their
businesses, causing trading activities to suffer a depression. It might lead to scarcity and
famine-like conditions. The result is that the step taken purportedly for the good of the
creatures turns out to be means of worry and hardship for them.
The Prophet's صلى الله عليه وسلم words mean that traders must be motivated to show compassion
and love for the people and be just and well-wishing to them. Their conscience must be
awakened to the plight of the people.
SECTION III
الْفَضْلُ الثَّالِثُ
MORE WARNING TO HOARDER
(٢٨٩٥) عَنْ عُمَرَ بُنِ الْخُطَابٍ قَالَ سَمِعْتُ رَسُولَ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُوْلُ مَنِ اخْتَكَّرَ عَلَى الْمُسْلِمِيْنَ
طَعَامَهُمْ ضَرَبَهُ اللهُ بِالْجُذَّامِ وَالْإِقْلَاسِ - رَوَاهُ ابْنُ مَاجَةَ وَالْبَيْهَقِىُّ فِيْ شُعَبِ الْإِيْمَانٍ وَرَزِئُنْ فِ كِتَابِهِ-
(ابنماجه، بیہقی، رزین)
2895. Sayyiduna Umar ibn al-Khattab s & , narrated that he heard Allah's
1 Tirmidhi # 1318, Abu Dawud # 3451, Ibn Majah # 2200, Musnad Ahmad 3-156, Darimi # 2545.

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Messenger صلى الله عليه وسلم say, "If anyone keeps away grain from the Muslims to sell at
higher prices then Allah smites him with tubercular leprosy and poverty."1
COMMENTARY: If anyone hurts Allah's creatures, particularly the Muslims, then Allah
imposes on him trials, both physical and monetary. But, as for him who causes them to
benefit, Allah blesses him both in his body and property.
(٢٨٩٦) وَعَنِ ابْنِ عُمَرَ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنِ احْتَكَّرَ طَعَامًا أَرْبَعِيْنَ يَوْمًّا يُرِيْدُ پٍ﴾
الْغَلَاءِ فَقَدْ بَرِئٍّ مِنَ اللهِوَبَرِىَّ اللهُمِنْه(رواهرزین).
2896. Sayyiduna Ibn Umar رضى الله عنه said that Allah's Messenger صلى الله عليه وسلم said, "He
who withholds grain for forty days waiting for prices to rise has sort of absolved
himself of Allah and Allah absolves himself of him."2
COMMENTARY: This means that he has violated his covenant with Allah to abide by the
commands of Shari'ah (divine law) and to show compassion to His creatures,
When Allah absolves himself of anyone, He removes his protection and kind sight from Him.
(٢٨٩٧) وَعَنْ مُعَازٍ قَالَ سَمِعْتُ تَسْؤُلَ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ يَقُوْلُ بِئْسَ الْعَبْدُ الْمُحْتَكِرُ إِنْ أَرُخّصَ
اللَّهُ الْأَسْعَارَ حَزِكَ وَإِنْ آَغْلَاهَا فَرِ ءٌ - رَوَاءُ الْبَيْهَقِيُّ فِى شُعَبِ الْإِئْمَانٍ وَرَزِئُنْفِي كِتَاپه۔
صلى الله عليه narrated that he heard Allah's Messenger رضى الله عنه Sayyiduna Mu'adh .2897
, say, "Evil is the man who hoards grain (to get higher price)! If Allah lowers
prices, he is grieved. But, if He raises them, then he is jubilant."3
(٢٨٩٨) وَعَنْ أَبٍ أَمَامَةً أَكَّ رَسُولَ اللّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنِ احْتَكَّرَ طَعَامًا أَرْبَوِيْنَ يَوْمًّا ثُمَّ
تَصَدَّقَ بِهلَمْ يَكُنُلَەگفَّارگ-(رواهرزین)
2898. Sayyiduna Abu Umamah رضى الله عنه said that Allah's Messenger صلى الله عليه وسلم said,
"If anyone withholds grain for forty days seeking higher prices thereby here after
disburses it in charity, then that cannot serve as an expiation for him."4
COMMENTARY: This is punishment for any one who withholds grain for forty days. If
any one does it for fewer days, then he too is punished but to a lesser degree.
1 Ibn Majah # 2155, Musnad Ahmad # 1-21.
2 Razin.
3 Bayhaqi in Shu'ab ul Eeman # 112150, Razin.
4 Razin.

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CHAPTER - IX
BANKRUPTCY & RESPITE
بَابُ الْإِفْلَاسِ وَالْإِنْظَارِ
Humam life is never stable and alike all the time. It is common experience that
circumstances keep changing. Pampers become millionaires overnight and great affluent
men tumble down to poverty in no time. This is the working of destiny. No one has over
been able to maintain himself on 'one condition, and no one will ever be able to do so. The
vicissitudes of life as ordained by Allah.
However, it is in human hands to adjust with changed circumstances and to help others to
adjust with them. Man can sympathise with others and they are able to share each other's
problems and grief. They get help to correct their affairs.
The ahadith in this chapter urge people to fulfil their duty and sympathise with the
stricken and if he is unable to honour his commitment then the owner of right should give
him respite till he is in a better position to discharge his obligation.
SECTION I
الفضل الأول
BANKRUPTCY & THE CREDITOR
(٢٨٩٩) عَنْ آَبٍ مُرَيُرَةً قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَيُّمَا رُجُلٍ أَفْلَسَ فَأَذْرَكَ رَجُلْ مَالَهُ بِعَيْنِهِ
فَهُوَ أَحَقُّ بِهٍ مِنْ غَيْرِه- (متفق عليه)
صلى اله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .2899
said, "If anyone becomes insolvent and a man (who had loaned him something)
finds his property in its exact position with him, then he is more entitled to it then
others besides him."1
COMMENTARY: Suppose, Zayd bought some good from Bakr but become bankrupt
before paying for it and the ruler too declared him to be bankrupt. Bakr finds his proper
intact, as it was, with zayd. Neither is it used in the practical sense nor is it lost in the sense
of Shari'ah (divine law), like through a gift or a waqf, figuratively. So, in this case, Bakr has
a right to annual the sale and take back his goods from Zayd. He has first preference over
other creditors. If zayd had made a part payment at the time of buying the goods, then
Bakr must take only so much of the goods and remain unpaid. Imam Sahfi'l au dos, and
Imam Maalik and>, hold this contention and they interpret the hadith in this way.
However, the Hanafis say that the seller has no right to cancel the bargain or to take back
the goods. They say that this hadith is about a transaction based on Khiyar. It means that
the bargain included the clause that he seller had option to nullify the sale up to a certain
time. So, if the buyer become a pauper and an insolvent after the transaction and the seller
learns of it within the period of option then it is better for him to cancel the sale and take-
back his goods.
1 Bukhari # 2402, Muslim # 1559, Tirmidhi # 1266, Abu Dawud # 3520, Nasa'i # 4676, Ibn Majah #
2590, Muwatta Maalik # 88 (Buyu) Musnad Ahmad 2-468.

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HELP ONE WHO TURNS POOR
(٢٩٠٠) وَعَنْ أَبٍِ سَعِيٍْ قَالَ أُصِيْبَ رَجُلْ فِ عَهْدِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِيْ ثِّمَارٍ ابْتَا عَهَا فَكَثُرَ دَيْنُهُ فَقَالَ
تَسُولُ اللهِ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ تَصَدَّقُوا عَلَيْهِ فَتَصَدَّقَ النَّاسُ عَلَيْهِ فَلَمْ يَبْلُغُ زُلِكَ وَفَاءَ دَيْنِهِ فَقَالَ رَسُولُ
اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لِغُرَ مَائِهِ خُذُوابِمَا وَجَدْ تُمْ وَلَيْسَ لَكُمْ إِلَّ ذَلِكَ - (رواه مسلم)
صلى الله عليه narrated that in the time of the Prophet رضى الله عنه Sayyiduna Abu Sa'eed .2900
du a man suffered loss of fruit that he had bought and (as a result) he became
indebted (and was in bad condition). So, Allah's Messenger صلى الله عليه وسلم said, "Give
him charity." The people gave him charity but that was not enough to pay off the
debt, so Allah's Messenger صلى الله عليه وسلم said to his creditors, "Take what you find
and that is all you can have."1
COMMENTARY: This man had bought a fruit bearing tree. However, he had not been able
to use the fruit before they were lost though a calamity. He had yet to pay for them, so he
borrowed money from different people and paid the dues of the seller so that he become
heavily indebted. The prophet صلى الله عليه وسلم called people's attention to him that they might
help him out. The people tried to Bail him out but his debts very still un paid. When he was
utterly helpless to pay the remaining debts, the Prophet صلى الله عليه وسلم said to the creditors,
"that is all you can have."
In other words, seeing the man's plight and total inability, it was not proper for them to
pester him and threaten him. They ought to give him respite and when he had earned
enough, they could demand their money . The prophet صلى الله عليه وسلم certainly did not mean that
the creditors had lost their right. He only meant that they should give him time to recover.
REWARD FOR WAIVING DEBT
(٢٩٠١) وَعَنْ آنِيْ هُرَيْرَةَ آَثَّ النَِّيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ كَانَ رَجُلْ يُدَا بِنُ النَّاسَ فَكَاتَ يَقُوُلُ
لِفَتَاهُ إِذَا آتَيْتَ مُعْسِرًّ ا تَجَاوَزُ عَنْهُ لَعَلَّ اللَّهَ آَنْ يَتَجَاوَزَ عَنَّا قَالَ فَلَقِي اللَّهَ فَتَجَاوَزَّ عَنْهُ - (متفق عليه)
2901. Sayyiduna Abu Hurayrah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم related
that there was a man who loaned money to people often. He would say to hi servant,
"When you came to one who is in straitened circumstances (to recover the debt),
forgive him. Perhaps Allah will forgive us." He said further, "when he met Allah
(meaning, after his death). He forgave him (and did not ask him about his sins)."2
(٢٩٠٢) وَعَنْ أَبِيْ قَتَادَةَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَنْ سَرَّهُ أَنْ يُنْجِيَهُ اللهُ مِنْ كُرَپٍ يَوْمِ
الْقِيَامَةِ فَلْيُنَفِسُ عَنْ مُعْسِرٍ اَوْیَضَعُ عَنْه۔(رواه مسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Qatadah .2902
said, "He to whom it would please that Allah should save him from the anxieties of
the day of resurrection, should give respite to one who is in straitened
1 Muslim # 18-1556, Tirmidhi # 655, Abu Dawud # 3469, 4678, Ibn Majah # 2356, Musnad Ahmad #
11551.
2 Bukhari # 2078, Muslim # 31-1562, Musnad Ahmad 2-263.

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circumstances, or he should write off his debt."1
COMMENTARY: Normally fard (compulsory) deeds are more excellent than the nafl
(optional) by seventy degrees. However, in some cases the optional deeds are superior to
the fard (compulsory) (or obligatory, prescribed). One of them is to forgive one's right on the
hard pressed or one in difficulty, like remitting his debt. Which act is mustahab (desirable)
yet better than giving respite to the debtor in difficulty which is wajib (obligatory).
.
Secondly, to be the first one to greet with salaam is sunnah (Prophet's (,,le an practice),
but it is better than giving a response to salaam which is fard (compulsory).
Thirdly, it is mustahab (desirable) to perform ablution. But, it is better than performing
ablution after the time (of salah (prayer)) begins which is fard (compulsory).
(٢٩٠٣) وَعَنْهُ قَالَ سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ يَقُوْلُ مَنْ أَنْظَرَ مُحْسِرًا أَوْ وَضَعَ عَنْهُ أَنْجَاءُ اللَّهُ مِنْ
كُرَبٍ يَوْمِ الْقِيَامَةِ-(رواه مسلم)
2903. Sayyiduna Abu Qatadah « a », narrated that he heard Allah's Messenger
say, "IF anyone grants respite to a person who is in straitened صلى الله عليه وسلم
circumstance, or remits his debt, then Allah will deliver him from the anxieties of
the day of resurrection."2
(٢٩٠٤) وَعَنْ آَبيِ الْيَسَرِ قَالَ سَمِعْتُ رَسُوْلَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلََّ يَقُوْلُ مَنْ أَنْظُرَ مُحْسِرًا أَوْ وَضََّ عَنَّهُ
أَظَلَّهُ اللهُ فِي ظِلّه- (رواه مسلم)
صلى الله narrated that he heard Allah's Messenger رضى الله عنه Sayyiduna Abu Al-Yasar .2904
jule say, "He who gives respite to one who is in straitened circumstances or remits
his debt Allah will take him in the shade of His mercy (on the day of resurrection)."
COMMENTARY: Imam Ahmad رضى الله عنه, Ibn Majah رحمه الله and Haakim رحمه الله have reported
that the Prophet صلى الله عليه وسلم said that if anyone grants respite to a poor person then till the
day of repayment comes, he will get reward every day for charity equivalent, to the debt. The
same recurs when he gives him further respite on the day of repayment, and again on the day
of repayment, he will get every day the reward of charity equal to twice the loan extended.
BEST IS HE WHO REPAYS DEBT WILLINGLY
(٢٩٠٥) وَعَنْ آنٍ رَافِعٍ قَالٌ اسْتَسْلَفَ رَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بَكْرًا فَرِجَاءَتْهُ إِبِلْ مِنَ الشَّدَقَةِ قَالَ
أَبُوْرَ افِعْ فَأَمَرَنِ آَنْ أَقْفِىَ الَّجُلَ بَكْرَه فَقُلْتُ لَا أَجِدُ إِلَّا جَمْلًّا خِيَارًا رَبَاعِيٌّ فَقَالَ رَسُوْلُ اللّهِ صَلَّى اللهُ
عَلَيْهِ وَسَلَّمَ أَعْطِهٍ إِيَّاهُ فَإِنَّ خَيْرَ النَّاسِ أَحْسَنُهُمْ قَضَاءً - (رواه مسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Rafi .2905
borrowed a young camel. When he received the camels of sadaqah (charity) (zakah
(Annual due charity)) he instructed him (Abu Rafi) «sàn +, to return to the man a
young camel. He said (to him), "I do not find but a camel better than that and
(which is) in its seventh year." He said, "Give it to him. The best of all people is he
1 Muslim # 32-1563.
2 Muslim.

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who discharge his debt in the best way."1
COMMENTARY: According to this hadith, it is allowed to borrow an animal. Imam Shafi'I
&lass), Imam Maalik usan+, and most ulama (Scholars) abide by it. But, Imam Abu Hanifah
andA>, does not hold it as allowed. He regards this hadith as abrogated.
It is mustahab (desirable) to return a loan with something better provided no such condition
was placed at the time of borrowing.
CREDITOR MAY DEMAND
(٢٩٠٦) وَعَنْ أَبٍ مُرَيْرَةَ آَّ رَجُلًّا تَقَاضِى رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَأَغْلَظَ لَهُ فَهَذَّ أَصْحَابُهُ فَقَّالَ
دَعُوُهُ فَإَِّ لِصَاحِبٍ الْحُقِ مَقَالَّا فَاشْتَرُوْا لَهُ بَعِيًُّّا فَأَعْمُوْهُ إِيَّاهُ قَالُوا لُأَنَجِدُ إِلَّ أَفْضَلَ مِنْ سِنِّهِ قَالَ اشْتَرُؤُهُ
فَاعُطُوُهُ إِيَّاهُ فَإِنَّ خَيْرَكُمْ أَحْسَنُكُمْ قَضَاءً - (متفق عليه)
2906. Sayyiduna Abu Hurayrahus a >, narrated that a man demanded
repayment of a debt in a rough manner from the Messenger صلى الله عليه وسلم of Allah.
His sahabah (Prophet's Companions) ,så», become angry, but he said, "Leave
him alone. One who has a right is allowed to speak out. Buy for him camel and
give it to him." They submitted, "We do not find but a camel of a better age then
what he had given." He said, "Buy it and give it to him. The best of you is he
who repays his debt in the best way."2
COMMENTARY: The rude man may have been a non-Muslim or an ignorant villager,
unaware of the manners of the Prophet's ,le al assembly and of the respect due to him.
But, the prophet,.ledo tolerated his rude behaviour in a way as only a prophet can do.
Ibn Maalik رحمه الله interpreted the words of the Prophet صلى الله عليه وسلم to mean that a creditor
may demand his dues strictly if there is a delay in repayment. If he does not repay then he
may have recourse to the ruler or judges.
WRONG TO DELAY REPAYMENT IN SPITE OF ABILITY
(٢٩٠٧) وَعَنْهُ أَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ مَظْلُ الْغَنِيِّ تُلُوْ فَإِذَا أُتْبِعَ احَدُكُمْ عَلى مَلَّيٍّ
فَلْيَتُبَهُ- (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .2907
said, "The rich man's delay in repayment is unjust. If any of you is referred for
payment to a man of means then he should accept the referral."3
COMMENTARY: Some ulama (Scholars) say that if anyone delays repayment of debt or
payment for purchases in spite of ability to pay then he commits sin. The testimony of such
people is rejected even if they may have done it the first time. But, some other u lama say
that the testimony of a habitual delayer of payment is spite of ability is rejected.
1 Muslim # 118-1600, Abu Dawud # 3346, Tirmidhi # 1322, Nasa'i # 4617, Ibn Majah # 2285, Darimi #
2565.
2 Bukhari # 2306, Muslim # 120. 1601, Tirmidhi # 1321, Musnad Ahmad 2-416.
3 Bukhari # 2287, Muslim # 33-1564, Abu Dawud # 3345, Tirmidhi # 1308, Nasa'i # 4651, Ibn Majah #
2304, Muwatta 84 (Buyu) Musnad Ahmad 2-71.

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If a debtor transfer his debt to another person who is able to pay then the transfer must be
accepted. In this way the creditor's money would not be lost. This command is a
recommendation actually, mustahab (desirable). But, some ulama (Scholars) say that it is
wajib (obligatory) (obligatory), yet others say that is merely a permission.
ALLOWED TO RECONCILE CREDITOR & DEBTOR
(٢٩٠٨) وَعَنْ كَعْبٍ بْنِ مَالِكٍ آَنَّهُ تَقَاضُى ابْنَ ابِيْ حَدْرَدَ دَيْنًا لَهُ عَلَيْهِ فِيْ عَهْدِ رَسُولِ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ
فِي الْمَسْجِدِ فَارْتَفَعَتُ أَصْوَاتُمَا حَتَّى سَمِعَهَا تَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَهُوَ فِيْ بَيْتِهِ فَخَرَجَ إِلَيْهِمَا
تَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ حَتَّى كَثَفَ سَجْفَ حُجُرَتِهِ وَنَادِى كَعُبَ بُنَّ مَالِكٍ قَالَ يَاكَعُبُ قَالَ لَبَّيْكَ
يَارَسُوْلَ اللَّهِ فَأَشَارَ بِيِّدِهِ أَرْ ضَعِ الشَّطْرَ مِنْ دَيْنِكَ قَالَ كَعْبُ قَدْفَعَلْتُ يَارَسُولَ اللَّهِ قَالَ قُؤْ فَاقْضِهِ-
(متفق عليه)
2908. Sayyiduna Ka'b ibn Maalik us a +, is reported to have demanded repayment
of debt due to him from Sayyiduna Ibn Abu Hadrad wan +, in the mosque (Masjid
Nabawi) in the time of Allah's Messenger صلى الله عليه وسلم.Their voices rose and Allah's
Messenger صلى الله عليه وسلم, who was in his room heard them. He came towards them by
pulling aside the curtain over (the door of) his room. He called Sayyiduna Ka'b ibn
Maalik رضى الله عنه, "O Ka'b!" He said, "Here am I, O Messenger of Allah!" He gestured
with his hand to say that he should write off half the debt receivable by him. Ka'b
us +, said, "Indeed, I have done that, O Messenger of Allah!" Then he said (to Ibn
Abu Hadar) رضى الله عنه, "Get up and pay it" (meaning, the balance).1
COMMENTARY: This hadith says that it is allowed to ask for repayment of debt while one
is in the mosque. It is allowed also to intercede for one who has a right due to him, to
reconcile the quarrelling duo, to accept someone's recommendation provided it is not to
promote sin and disobedience,
A TERRIFYING CASE OF A DELAYER OF REPAYMENT OF DEBT
(٢٩٠٩) وَعَنْ سَلُمَةَ بُنِ الْأَكْوَءِ قَالَ كُنَّا جُلُوُسًا عِنْدَ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِذَا أُقِ جَازَةٍ فَقَالُوا صَلّ عَلَيْهَا
فَقَّالَ هَلْ عَلَيْهِ دَئِنْ قَالُوا لَا فَصَلَّى عَلَيْهَا تُؤَّ أُتِ بِجَنَازَةٍ أُخْرِى فَقَالَ هَلْ عَلَيْهِ دَيْنْ قَبْلَ نَّعَمُ قَالَ فَهَلْ تَرَكَ شَيْئًا
قَالُوْا ثَلَاثَةٌ دَنَّانِيْرَ فَصَلَّى عَلَيْهَا ثُؤَّ أُقِ بِالثَّالِفَةِ فَقَالَ هَلْ عَلَيْهِ دَيْنْ قَالُوا ثَلَاثَةُ دَنَّانِيُرَ قَالَ هَلْ تَرَكَ شَيْئًّا قَالُوْا
لَا قَالَ صَلُّوْا عَلَى صَاحِبِكُمْ قَالَ أَبُوْ قَتَادَةً صَلّ عَلَيْهِ يَا رَسُولَ اللَّهِ وَعَلَىّ دَيْنُهُ فَصَلَّى عَلَيْهِ- (رواه البخارى)
2909. Sayyiduna Salamah ibn al-Akwa we à>, narrated that while they were seated
with the Prophet صلى الله عليه وسلم a funeral was brought and they (People who brought it)
requested him to offer the salah (prayer) over it. He asked, "Had he a debt payable?"
They said, "No!" So, he offered the funeral salah (prayer) over him. Then another
1 Bukhari # 457, Muslim # 20. 1558, Abu Dawud # 3595, Nasa'i # 5408, Ibn Majah # 2429, Musnad
Ahmad 6-390.

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funeral was brought and he asked, "Had he a debt over him?" when it was said,
"Yes," he asked, "Did he leave behind anything?" They said, "Three dinar." So, he
offer the funeral salah (prayer) over it. Then, a third (bier) was brought and he asked,
"Was he in debt?" They said, "(He owed) three dinars" He asked "Did he leave
behind anything?" They said, "No!" He said, "Offer salah (prayer) over your
companion" Abu Qataday As à », said, "Do offer salah (prayer) over him, O
Messenger of Allah. His debt is over me." So, he offered the salah (prayer) over him. 1
COMMENTARY: These three funerals may have been brought one after the other or on
different occasions.
The Prophet Lydea . declined to lead the funeral salah (prayer) of the man who had a debt
over him. Perhaps he intended to teach the people that they should refrain from borrowing
and if they have to, then they must not delay repayment. Or he may have feared that his
prayer may not be accepted because the man had rights of man dischargeable by him.
It is allowed to give guarantee on behalf of the dead person. Imam Shafi'I ales, and most
ulama (Scholars) abide by this verdict. Imam Abu Hanifah als, said that it is not allowed.
However, some Hanafi ulama (Scholars) say Imam Maalik alta-), Imam Shafi'I ales ), Imam
Ahmad att, and from the Hanafis, Imam Abu Yusuf als, and Imam Muhammad ales,
deduce from this hadith that if a dead person has not left behind anything and is in debt
then it is allowed to stand guarantee for him. They point our that if it was allowed, then the
Prophet Ljulca . would not have offered the funeral salah (prayer) over the third funeral.
Imam Abu Hanifah al , disagree, saying that it is not correct to stand guarantee over a
poor, indigent dead person. He said that it amounts is standing guarantee over a dropped
debt. Guarantee over such a debt is invalid.
As for this hadith, Imam Abu Hanifah antes, say that it cannot be established by the words
of the hadith that Sayyiduna Abu Qatadah As d >, had not given guarantee for that man
during his life time. Here, he is quoted to affirm merely that he had stood guarantor for
that man. He was then responsible for his debt. So; the Prophet le an accepted his
confirmation and offered the funeral salah (prayer).
We may also say that Sayyiduna Abu Qatadah us ano, had not stood guarantee for the
dead man but he had shown kindness and promised to pay his debt.
ALLAH HELPS HIM WHO HAS INTENTION TO PAY HIS DEBT
(٢٩١٠) وَعَنْ أَبٍ هُرَيْرَةً عَنِ النَِّّ صَلَى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ آَخَذَ أَهْوَالَ النَّاسِ يُرِيْدُ أَدَاءَ هَا أَتَّى اللهُ
عَنْهُ وَمَنْ آَخَذَ يُرِيْدُ إِثْلَافَهَا آَتْلَفَّهُ اللَّهُ عَلَيْهِ- (رواه البخارى)
2910. Sayyiduna Abu Hurayrah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "If
anyone takes the property of other people intending to repay it, then Allah gets it
re-paid back for him. If anyone takes it intending to waste it, then Allah destroys
his property."2
ALLAH DOES NOT FORGIVE RIGHTS OF CREATURES AGAINST EACH OTHER
(٢٩١١) وَعَنُّ اتٍ فَتَادَةً قَالَ قَالَ رَجُلْ يَارَسُولَ اللَّهِ أَرَأَيْتَ إِنْ قُتِلْتُ فِي سَبِيلِ اللَّهِ صَابِرًا مُحْتَسِبًا مُقُبِلًا
1 Bukhari # 2289, Abu Dawud # 3843.
2 Bukhari # 2387, Musnad Ahmad 1-361.

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غَيْرَ مُدْبِرٍ يُكَفِّرُ اللّهُ عَنِى خَطَايَاىَ فَقَالَ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَعَمْ فَلَتَّا أَدْبَرَ نَادَاهُ فَقَّالَ نَعَمْ إِلَّا
الدَّيْنَ كَذُرِكَ قَالَ جِبْرِئْلُ- (رواه مسلم)
2911. Sayyiduna Abu Qatabah can+, narrated that a man asked, "O Messenger of
Allah, what do you say if I am slain in Allah's path being patient and hopeful of
reward, on the advance and not retreat, will Allah forgive me my sins? Allah's
Messenger صلى الله عليه وسلم said, "Yes!" However, when he turned to go, he called him
and said, "Yes! But not a debt. This is what Jibril pasiale said to me.">
COMMENTARY: The issue of rights of fellowmen is very serious. Allah forgives His right
pertaining to worship, disobedience and sin. HE does not forgive rights of men, like debts.
We also learn from this hadith that Jibril عليه السلام brought to the Prophet صلى اللهعليه وسلم not only
the revelation which is the Qur'an but also other guidance and commands regularly.
(٢٩١٢) وَعَنْ عَبْدِ اللَّهِ بْنِ عَمْرٍ و ◌َكَّ رَسُولَ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ يُغْفَرُ لِلشَّهِيْدِ كُلُّ ذَنْبٍ إِلَّا
الدَّيْنَ-(رواه مسلم)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Abdullah ibn Amr .2912
, said, "The martyr is forgiven everything but a debt."2
COMMENTARY: Debt (!) covers rights of fellowmen. Allah does not forgive rights of
men.However, Ibn Maalik ales, said that some u lama say that martyrs in this hadith
excludes those who are slain in a naval war. There is in hadith in Ibn Majah of Sayyiduna
Abu Umamah رضى الله عنه that Allah's Messenger صلى الله عليه وسلم said, "Those who are martyred in
a naval battle have all their sins forgiven, even debt (meaning rights of fellow men)."
(Hadith # 2778. )
PROPHET صلى الله عليه وسلم DID NOT OFFER SALAH (PRAYER) OVER A DEBTOR
(٢٩١٣) وَعَنْ أَبٍ هُرَيْرَةً قَالَ كَانَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يُؤْثَى بِالرَّجُلِ الْمُتَوَّى عَلَيْهِ الذَّيْنُ
فَيَشْأَلُ هَلْ تَرَكَ لِدَيْنِهِ فَشَاء فَإِنْ حُدِّثَ أَنَّهُ تَرَكَ وَفَاءِ صَلّى وَإلَّا قَالَ لِلْمُسْلِمِيْنَ صَلُّوا عَلى صَاحِبِهُمُ
فَلَتَّا فَتَحَّ اللّهُ عَلَيْهِ الْفُتُوْعَ قَامَ قَالَ أَنَّا أَوْلِى بِالْمُؤْمِنِيُنَّ مِنْ آَنْفُسِهِمْ فَمَنْ تُوُلِّ مِنَّ الْمُؤْمِنِيْنَ فَتَرَكَ دَيْنًا فَعَلَّ
قَضَاؤُهُ وَمَنْ تَرَكَ مَا لَّا قَهُوَ لِوَرَثَتِهِ- (متفق عليه)
2913. Sayyiduna Abu Hurayrah «s», narrated that if a debtor's body was brought
to Allah's Messenger صلى الله عليه وسلم for the funeral salah (prayer), he would ask, "Has
he left anything to repay debts?" If he was told that he had left enough to pay off
his debts, then he would lead his funeral salah (prayer), otherwise he would ask the
Muslims to pray over their companion. Then, when Allah opened for him (a
number of) victories, he stood up and said, "I am better for the believers then their
own selves. Hence, if any of the believers dies leaving a debt, then his debt is on
1 Muslim # 117-1885, Tirmidhi # 1718, Nasa'i # 3156, Darimi # 2412, Muwatta Maalik # 31 (Jihad),
Musnad Ahmad 5-297.
2 Muslim # 119-1886.

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me. If he leaves behind property then that belongs to his heirs."1
COMMENTARY: The words 'I am better for the Muslim' imply that the Prophet le al
', has a better right over them then their own selves. Hence, it is established that it is wajib
(obligatory) on the Muslims that they should hold him dearer and more loved than
themselves. They should prefer his command and his wishes over all other things and
regards his right worthier than the right of their own lives.
The Prophet صلى الله عليه وسلم is more kind and compassionate to the Muslims than they are to
themselves. Their lives and honour are dearer to him than to them. When Allah enabled
him to make many conquests, he continued to live a simple, content life but spent the spoils
over the Muslims. He undertook to pay the debts of those Muslims who died under a
burden of debt.
He paid their outstanding debts from the Bayt ul Maal (State Treasury) though some say
that he paid them from his own resources.
Some say that it was wajib (obligatory) on him to pay their debts but others say that it was
not wajib (obligatory). He paid them as a gesture of goodwill, on his own accord.
SECTION II
الفضلُ الثَّانِى
THE BANKRUPT'S PROPERTY
(٢٩١٤) عَنْ أَبٍ خَلْدَةَ الزَُّقْ قَالَ جِئْنَا أَبَاهُرَيُرَةَ فِيْ صَاحِبٍ لَنَا قَدْ أَفْلَسَ فَقَالَ هُذَا الَّذِى قَفِى فِيْهِ تَسُولُ
اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ آَيُّمَارَجُلٍ مَاتَ أَوْ أَفْلَسَ فَصَاحِبُ الْمَتَاءِ أَحَقُّ بِمَتَاعِهِ إِذَا وَجَدَهُ بِعَيْنِهِ- رَوَاهُ
الثَّافِىُّ وَابْنُ مَاجَئً۔
2914. Sayyiduna Abu Khaldah az-Zaraqi als, narrated that they went to Sayyiduna
Abu Hurayrah ca+, (to ask) about one of their friends who had become insolvent
(but had with him the properties of others for which he had not paid). He said,
"This is like what Allah's Messenger ,,lean had decided about one. If a person
dies or becomes insolvent (having debts payable and the owner of goods finds
them as they had been originally, then he has more right to them (then anyone
else."2 (See hadith # 2899 for commentary.)
DEBTOR'S SOUL REMAINS SUSPENDED TILL DEBT IS PAID
(٢٩١٥) وَعَنْ أَبِي هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَفْسُ الْمُؤْمِنِ مُعَلَّقَةٌ بِدَيْنِهِ حَتَّى يُقْفِى
عَنْه- (رواه الشافعى واحمد والترمذى وابن ماجة والدارمى)
2915. Sayyiduna Abu Hurayrah رضى اللهعنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"A believer's soul remains suspended because of his debt till it is paid (for him).3
COMMENTARY: Some ulama (Scholars) say that it is the debt that is borrowed without
reason from someone and is used on unnecessary cause extravagantly. However, if a debt
1 Bukhari # 2299, Muslim # 4-1618, Tirmidhi # 1072, Abu Dawud # 3343, Nasa'i # 1963, Ibn Majah #
2415, Musnad Ahmad 2-453.
2 Abu Dawud # 3523, Ibn Majah # 2360, Shafi'I.
3 Tirmidhi # 1080, Ibn Majah # 2413, Darimi # 2519, Musnad Ahmad 2-440.

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is incurred for genuine reasons and the debtor dies then, insha Allah, it will not preclude
him from entering paradise and the company of the righteous.
However, it is a moral duty of the ruler (or the debtor's relatives who are well-off) to pay
his debt. If they do not do it, then Allah will please the creditor on the day of resurrection
so that they do not make any demand on the debtor in the hereafter.
(٢٩١٦-٢٩١٧ - ٢٩١٨) وَعَنِ البَرَاء بُنِ عَازِبٍ قَالَ قَالَ رَسُولُ اللهِ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ صَاحِبُ الدَّيْنِ مَأُوْرٌ
بِدَيْنِه يَشْكُوُ إِلَى رَبِّهِ الْوَحْدَةَ يَوْمَ الْقِيَّامَةِ رَوَاهُ فِي شَرْجِ السُّنَّةِ وَرُوِىَ آَّ مُعَاذًّا كَانَ يَدَّاكُ فَأَتَى غُرَمَاؤُهُ
إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَبَاءَ النَِّىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَالَهُ كُلَّهُ فِي دَيْنِهِ حَتّى قَامَ مُعَاذْ بِغَيْرِ شَهِىء ◌ُرْسَلْ
هُذَا لَقِظُ الْمَصَابِيحِ وَلَمْ أَجِدُهُ فِى الْأُصُوْلِ إِلَّ فِى الْمُنْتَقَى، وَعَنْ عَبْدِ الرَّحُمُنِ بُنِ كَعْبٍ بُنِ مَالِكٍ قَالَ كَانَ
مُعَاذُ بْنُّ جَبَلٍ شَابًا سَخِيًّا وَكَاتَ لَّا يُمْسِتُ شَيْئًا فَلَمْ يَزَّلُ يَدَّارُ حَتَّى أَغْرَقَ مَالَهُ كُلَّهُ فِ الدَّيْنِ فَأَى النَِّيَّ
صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَكُلَّمَه ◌ِيُكَلِّمَ غُرَمَاءَ، فَلَوْ تَرَكُوْ لِاَحَدٍ لَتَرَكُوُ الِمُعَانٍ لِأَجُلِ رَسُولِ اللَّهِ صَلَى اللَّهُ عَلَيْهِ وَسَلَّمَ
قَبَاءَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَّهُمْ مَالَهُ حَتّى قَامَ مُعَاذْ بِغَيْرٍ شَهِىٍ- رَوَاهُ سَعِيُدْ فِيْ سُذَنِهِ مُرْسَلًا-
صلى اله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Al-Bara'ibn Aazib .2916
, said, "The debtor will be confined because of his debt (not being allowed
admittance to paradise and the company of the righteous). So, on the day of
resurrection, he will complain to his Lord of his loneliness."1
2917. Sayyiduna Mu'adh ibn Jabal acan +, is reported to have been in debt. His creditors
(once) come to the Prophet صلى الله عليه وسلم who sold all the property of Mu'adh رضى الله عنه was
left with nothing. (This is as in al-Masabih but I did not find it in the usul (six books of
hadith) and found it only in al-Muntaqa, but it is in the form as in # 2918)
2918. Sayyiduna Abdur Rahman ibn Ka'b ibn Maalik As à , narrated that
(Sayyiduna) MU'adh ibn Jabal «s », was a generous young man who could not
save anything with him. He borrowed continuously and spent all he had on debts.
So, he met the prophet صلى الله عليه وسلم and requested him to pay in a word (for him) with
his creditors. If they had written off debts for anyone, they would have written off
(debts) of Mu'adh رضى الله عنه for the sake of Allah's Messenger صلى الله عليه وسلم sold to them
his property till Mu'adh رضى الله عنه was left with nothing.2
COMMENTARY: On the day of resurrection, the debtor will find himself deprived of
paradise and pious company. He will also not find anyone to intercede for him. He will be
terrified and complain to his Lord. He will get relief only after surrendering his pieties to
the creditors or shouldering their sins against the debt payable by him. Or, Allah will show
mercy and grace and please the creditors so that they would forgive the debtor. Till this
happens, he will remain lonely. This will be like a punishment to him from which he will
feel grieved and painful.
According to another narration, the debtor will be confined in his grave because of the
debts over him. He will complain to Allah.
1 Baghawi in Sharh us sunnah (Prophet's صلى الله عليه وسلم practice) # 2148.
2 Daraqutni # 95 (المراة تقتل اذا) , Saed in his sunnah (Prophet's صلى الله عليه وسلم practice) in a Mursal form.

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..
The usul are the books of hadith in which they are transmitted with the line of
transmission. Muntaqa is a book of Ibn Taymiyah ales,. The compiler of Mishkat says that
he could not find the hadith as transmitted in the Masabih in the usul but he found it in
.رضى اله عنه Muntaqa from Abdur Rahman
Allamah Teebi als, point out that the compiler of Mishkat has reproduced the words of
. Muntaqa. If it had not found a place in the usul then the compiler of Muntaqa would not
have reproduced it.
DEBTOR WHO IS ABLE TO PAY BUT PROCRASTINATES
(٢٩١٩) وَعَنِ الشَّرِيْدِ قَالَ قَالَ تَسُولُ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ لَىُّ الْوَاجِدِ يُحِلُّ عِرْضَهُ وَعُقُوبَتَهُ قَالَ ابْنُ
الْمُبَارَكِ يُحِلُّ عِرْضَهُ يُغَلَّظُ لَهُ وَ عُقُوْ بَتَهُ يُحْبَسُ لَه (رواه ابوداود والنسائى)
2919. Sayyiduna Ash Sharid رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"If anyone delays repayment (of debt) in spite of being able (to pay), then it is
lawful to disgrace and punish him." Ibn Mubarak alder, said that to disgrace him is
to speak to him in harsh tones and to punish is to imprison him for it.1
COMMENTARY: To procrastinate in repayment of debt in spite of having the means to
pay is unjust. Recourse should be had to the ruler or court of law to lock him in prison.
PROPHET صلى الله عليه وسلم DECLINED TO OFFER FUNERAL SALAH (PRAYER) OF
DEBTOR
(٢٩٢٠) وَعَنْ آتِيْ سَعِيْدِنِ الْخُدْرِيِّ قَالَ أُِ النَِّيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بِجَنَازَةٍ لِيُصَلِى عَلَيْهَا فَقَالَ هَلْ عَلَى
صَاحِبِكُمْ دَيْنْ قَالُوا نَعَمْ قَالَ هَلْ تَرَكَ لَهُ مِنْ وَفَاءٍ قَالُوا لَاَ قَالَ صَلُّوا عَلى صَاحِبِكُمْ قَالَ عَلُّ بُنُ آَبٍ
طَالِبٍ عَلَّ دَيْنُهُ يَارَسُولَ اللّهَ فَتَقَدَّمَ فَصَلَّى عَلَيْهِ وَفِى رِوَايَةٍ مَعْنَاهُ وَقَالَ فَكَّ اللَّهُ رِهَانَكَ مِنَ النَّارِ كَمّا
فَكَّكْتَ رِهَاجَ آَخِيُكَ الْمُسْلِمِ لَيْسَ مِنْ عَبْدٍ مُسْلِيٍ يَقْفِىِ عَنْ آَخِيْهِ دَيْنَهُ إِلََّفَكَّ اللّهُ رِهَانَهُ يَوْمٌ
الْقِيَامَةِ - (رواه فى شرح السنة)
2920. Sayyiduna Abu Sa'eed al-Khudri us às +, narrated that a funeral was brought
to the prophet صلى الله عليه وسلم that he might offer the funeral salah (prayer) over it. He
asked, 'Did your friend have a debt to pay?" They said, "Yes!" He asked, "Did he
leave behind enough to pay it?" They submitted "No!" He said, "Offer salah
(prayer) (Yourselves) over your friend." (He declined to offer it.) Sayyiduna Ali ibn
Abu Talib رضى الله عنه submitted, "On me is his debt, O Messenger of Allah." So, he
stopped forward and offered his funeral salah (prayer).
According to another version of about the same meaning, he then said, (to
Sayyiduna Ali) «cần+), "May Allah deliver your soul from hell fire just as you have
delivered your Muslim brother's soul (from debt). There is no Muslim person who
pays off his brother's debt but Allah delivers his soul on the day of resurrection."2
1 Abu Dawud # 3628, Nasa'i # 4690, Ibn Majah # 2427, Musnad Ahmad 4-389.
2 BAghawi in Sharh us sunnah (Prophet's صلى الله عليه وسلم practice) # 2155, Daraqutni # 291 (Buyu).

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GOOD NEWS TO ONE WHO REPAY HIS DEBT BEFORE HE DIES
(٢٩٢١) وَعَنْ ثَوْبَانَ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ مَاتَ وَهُوَ بَرِيُّ مِنَ الْكِبْرِ وَالْغُلُوُلِ
1
وَالذَّيْنِ دَخَلَ الْجُنَّةَ- (رواه الترمذى وابن ماجة والدارمى)
2921. Sayyiduna Thawban رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"He who dies while he is without pride, free of cheating in spoils (of war) and of
debt, will enter paradise."1
GRAVE SIN TO DIE IN INSOLVENCY AS A DEBTOR
(٢٩٢٢) وَعَنْ آَبٍ مُؤْسى عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ إِّ اعْتَمَ الذُّنُوْبِ عِنْدَ اللّهِ آَنْ يَلْقَاهُ بِهَا
عَبْدْ بَعْدَ الْكَبَائِرِ الَّتِى ◌َى اللهُ عَنْهَا أَنْ يَمُؤْتَ رَجُلْ وَعَلَيْهِ دَيْنٌ لَا يَدَءُ لَه قَضَاءً- (رواه احمد وابوداؤد)
2922. Sayyiduna Abu Musa رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "The
greatest sin in the sight of Allah which a man can come to Him, after the grave sins that
Allah has prohibited, is that he should die in debt leaving not enough to clear it."2
COMMENTARY: Dying with debt remaining payable and being insolvent is called the
greatest sin after grave sins because the letter are forbidden while borrowing in itself is not
disallowed. Rather, according to some ahadith it is mustahab (desirable) to borrow to meet
one's real needs. It is disallowed at certain times because sometimes rights of people are
violated and their property is wasted when the debtor does not repay the debt. In such
cases borrowing becomes a sin.
Some people say that dying in insolvency with a debt over one is among those grave sins
that are other than the more notorious than grave sins, like polytheism, adultery etc.
FORBIDDEN TO COMPROMISE ON THE UNLAWFUL
(٢٩٢٣) وَعَنْ عَمْرِو بْنِ عَوْفِبِ الْمُزَنِيِّ عَنِ النَّبِيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ الشُّلُمُ جَائِزْ بَيْنَ الْمُسْلِمِيْنَ إِلَّا
صُلْحَا حَرَّمَ حَلَاًا أَوْ آَحَلَّ حَرَامًا وَالْمُسْلِمُوْنَ عَلَى شُرُوْطِهِ إِلَّ شَرًُّا حَرَّمَ حَلَالًا أَوْ اَحَلَّ حَرَامًا
رَوَاهُ التِّرْ مِذِىُّ وَابْنُ مَاجَةً وَأَبُوْدَاوُدَ وَانْتَهَتُ رِوَايَتُه عِنْدَ قَوْلِه عَلی شُرُؤُطِهِمْـ
صلى الله عليه narrated that the Prophet رضى الله عنه Sayyiduna Amr ibn Awf al-Muzami .2923
, said, "Reconciliation between Muslim is permitted but not that which makes
lawful to be unlawful and the forbidden to be permissible. And, Muslims must be
faithful to the conditions they have accepted, but not a condition that turns the
lawful into unlawful and the unlawful into lawful."3
COMMENTARY: A forbidden reconciliation can be like a man compromising with his wife
not to have sexual intercourse with his second wife. This is not a correct reconciliation
because he makes unlawful to himself that which is perfectly allowed.
An example of a compromise that makes what is unlawful to be lawful is to agree to
consume wine or pork. In this case, a person makes it lawful for himself that which is
1 Tirmidhi # 1578, Ibn Majah # 2412, Darami # 2592, Musnad Ahmad 5-276.
2 Abu Dawud # 3342, Musnad Ahmad 4-392.
3 Tirmidhi # 1357, Abu Dawud # 3594, Ibn Majah # 2353, Musnad Ahmad # 8792.