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perfectly unlawful.
Example of conditions are to assure one's wife that one would not have sexual intercourse
with one's female slave though that is allowed. Or, a man may stipulate that he would
marry his wife's sister while his wife is alive and their matrimonial relations are intact,
though he makes lawful that which is clearly forbidden.
This hadith does not seem to belong to this chapter. However, it does happen in buying
and selling that when anyone becomes insolvent, compromise has to be made and
condition are to be placed now and then. So this hadith is placed here.
SECTION III
الفَصلُ الثَّالِثُ
THE PROPHET صلى الله عليه وسلم BOUGHT TROUSERS
(٢٩٢٤) عَنُ سُوَّيْدٍ بُنِ قَيٍِّ قَالَ جَلَبْتُ أَنَا وَمُخَرَفَةُ الْعَبْدِىُّ بَزَّا مِنْ هَجَرٍ فَاتَيْنَا بِهِ مََّهُ فَجَاءَنَا تَسْوُلُ
اللهِ صَلَى اللَّهُ عَلَيْهِ وَسَلَّمَ يَّمْثِيْ فَسَاوَمَنَا بِسَرًا وِئْلَ فَبِعْنَاهُ وَثُمَّ رَجُلْ يَزُِ بِالْآَجْرِ فَقَالَ لَهُ رَسُولُ اللهِ
صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ زِْ وَارْجِعُ - رَوَاءُ اَحْمَدُ وَأَبُوُدَاوُدَ وَالتِّرْ مِذِىُّ وَابْنُ مَاجَةً وَالدَّارِمِىُّ وَقَالَ التِّرْمِذِىُّ
هُذَا حَدِيْثُ حَسَنْ صَچِيُ۔
2924. Sayyiduna Suwayd ibn Qays usd +, narrated that he and Mukhrafah al-Abdi
we à +) bought some clothing from Hajar and brought it to Makkah. Allah's
Messenger صلى الله عليه وسلم walked up to them and struck a deal for trousers. They sold
them to him Allah's Messenger صلى الله عليه وسلم then said to the man who was weighing
things for the people against wages, "weigh and tilt the scale (to give them more
silver coins than agreed).1'
COMMENTARY: Sayyiduna Abu Layla als, narrated that from Sayyiduna Abu Hurayrah
bought those trousers for four dirhams. The ahadith do صلى الله عليه وسلم that the Prophet رضى الله عنه
establish that he bought the trousers but do not say whether he wore them or not.
Also he paid to the seller more than the agreed sum of money.
This hadith, too, does not belong here. However, it is placed here to show that more than
the agreed may be paid to the seller who may be poor.
ALLOWED TO PAY MORE THAN DEBT PROVIDED NOT AGREED BEFORE HAND
(٢٩٢٥) وَعَنْ جَابِرٍ قَالَ كَاتَ لِيْ عَلَى الَّيِّ صَلَّى اللهُ عَلَيْهِ وَسَنَّمَ دَيْنٌ فَقَضَانِ وَزَادنى-(رواه ابوداود)
2925. Sayyiduna Jabir us al +, narrated that he had a debt receivable from the
Prophet صلى الله عليه وسلم he repaid it to Jabir رضى اللهعنه and gave him something over it.2
COMMENTARY: The two foregoing narrations make it clear that if anyone returns a
demand (like debt, etc) against him, he may give something extra on his own without that
being agreed previously. This extra is not interest which is a condition placed by the
creditor when he extends a loan. That condition is interest and is forbidden.
1 Tirmidhi # 1309, Abu Dawud # 3336, Nasa'i # 2592, Darimi # 2585, Musnad 4. 352.
2 Abu Dawud # 3347, Nasa'i # 4591.

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REPAY DEBT QUICKLY
(٢٩٢٦) وَعَنْ عَبْدِ اللَّهِ بْنِ آَبِ رَبِيْعَةً قَالَ اسْتَقْرَضَ مِنِّى النَِّىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَرْبَعِيْنَ اَلْفًّا فَجَاءَهُ مَالٌّ
فَدَفَعَه إِلَىَّ وَقَالَ بَارَكَ اللَّهُ تَعَالِى فِى أَهْلِكَ وَمَالِكَ إِنَّمَا جَزَاءُ السَّلَفِ الْحَمْدُ وَالْآَدَاءُـ (رواه النسائي)
صلى الله عليه وسلم narrated: The Prophet رضى الله عنه Sayyiduna Abdullah ibn Abu Rairah .2926
borrowed from me forty thousand (perhaps, dirham). When he received abundant
property (or receipts), he repaid (all that) to me, saying: (بارك الله تعالى فى الهلك ومالك) "[may
Allah, the exalted, bless you and your family and your property]. The reward for a
loan is nothing but gratitude and repayment."1
REWARD ACCRUES TO ONE WHO GIVES RESPITE
(٢٩٢٧) وَعَنْ عِمْرَانَ بْنِ حُصَيْنٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَنْ كَانَ لَهُ عَلَى رَجُلٍ حَقْ
فَمَنْ أَخَّرَ: كَانَ لَهُ بِكُلِّ يَوْمٍ صَدَقَةٌ- (رواه احمد)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Imran ibn Husayn .2927
,, said, "If anyone has a sight (like a debt) receivable from a man and he puts it off
(giving respite to the man) then he earns a reward of sadaqah (charity) for every day
(that he allows to the other)."2
DEBT IS PAID FIRST OF ALL
(٢٩٢٨) وَعَنْ سَعْدٍ بُنِ الْأَظْوَلِ قَالَ مَاتَ آَخِى وَتَرَكَ ثَلَاثَمِائَةِ دِيْنَاٍ وَتَرَكَ وَلَدًا صِغَارًا فَأَرَدُتُ آنْ
أُنْفِقَ عَلَيْهِمْ فَقَالَ لِيْ رَسُوْلُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِنَّ أَخَاتَ مَحْبُوُسْ بِدَيْنِهِ فَاقْضِ عَنْهُ قَالَ فَذَهَبَتُ
فَقَضَبْتُ عَنْدُ ثُؤَّ جِئْتُ فَقُلْتُ يَارَسُولَ اللَّهِ قَدْقََّيْتُ عَنْهُ وَلَمْ تَبْقَّ إِلََّ اهْرَأَّةٌ تَدَّعِيْ دِيْنَارَيْنٍ وَلَيْسَتُ لَّهَا
بَيِّنَةٌ قَالَ اعطِهَا فَإِنَّمَا صَادِقَةٌ -(رواه احمد)
2928. Sayyiduna Sa'd ibn al-Atwal رضى الله عنه narrated that his brother died leaving
behind three hundred dinars and some young kids (children). He decided to put
them for their upkeep, but Allah's Messenger صلى الله عليه وسلم instructed him to repay his
brother's debt who was confined because of it. So, he went and did that and
returned to confirm to Allah's Messenger صلى الله عليه وسلم that he had done that but only
one woman remained with a claim of two dinars for which she could produce no
proof. He said, "Give that (money demanded to her, for, she is truthful."3
COMMENTARY: The ruler is allowed to use his information and issue a command as the
.رضى الله عنه did with Sa'd صلى الله عليه وسلم Prophet
This hadith is evidence that debt repayment takes precedence over inheritance.
MARTYRDOM AFTER MARTYRDOM MANY TIMES WILL NOT ATONE FOR DEBT
(٢٩٢٩) وَعَنْ مُحَمَّدٍ بْنِ عَبْدِ اللَّهِ بْنِ جَحْشٍ قَالَ كُنَّا جُلُوْسًا بِفِنَاءِ الْمَسْجِدِ حَيْثُ يُوْضَعُ الْجَنَائِزُوَ رَسُوْلُ
1 Nasa'i # 4683, Ibn Majah # 2424.
2 Musnad Ahmad 4-442.
3 Musnad Ahmad 4-136.

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اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ جَالِسْ بَيْنَ ظَهْرَيْنَا فَرَفَةَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بَصَرَهُ قِبَلَ السَّمَاءِ
فَتَظَرَ ثُمَّ طَأُطَأَ بَصَرَةٍ وَوَضَّةَ يَدَهُ عَلَى جَبْهَتِهٍ قَالَ سُبْحَانَ اللهِ سُبْحَانَ الله مَاذَا نَزَّلَ مِنَ التَّقْدِيْدِ
قَالَ فَسَكِّتُنَا يَوْمَنَا وَلَيْلَتَّنَا فَلَمْ نَرَإِلَّا خَيْرًا حَتَّى أَصْبَحْنَا قَالَ مُحَتَّدْ فَسَأَلُّتُ رَسُوْلَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ
وَسَلَّمَ مَا التَّقْدِيْدُ الَّذِىُ نَزَّلَ قَالَ فِ الذَّيْنِ وَالَّذِى نَفْسُ مُحَتَّدٍ بِيَدِهِ لَوْ آَرَّ رَجُلًّا قُتِلَ فِى سَبِئْلِ اللُّهِ
◌ُكَّ عَاشَ ثُنَّ قُتِلَ فِي سَبِيْلِ اللَّهِ ثُّ عَاشَ ثُقّ قُتِلَ فِي سَبِيلِ اللَّهِ ثُؤَّ عَاشَ وَعَلَيْهِ دَيْنْ مَادَخَلَ الْجُنَّةَّ حَتّى
1
يُقْضِى دَيْنُه- رَوَاهُ أَحْمَدُ وَفِعْ شَرُحِ السُّنَّةِ تَخُوُه۔
2929. Sayyiduna Muhammad ibn Abdullah ibn Jahsh us al , said, "we were
sitting in the courtyard of the mosque (Masjid Nabawi) where the biers were put
down (for salah (prayer) over them). Allah's Messenger صلى الله عليه وسلم was sitting
with us. Suddenly, he raised his sight to the sky and looked. Then he lowered his
sight, put his hand on his forehead and said (سبحن الله) - (سبحن الله) (Allah is without
blemish! Allah is without blemish!) what has come down of the dreadful thing!'
We did not say any thing that day and night and nothing but good prevailed till
we came to morning."
Muhammad رضى الله عنه added, "Then I asked Allah's Messenger صلى الله عليه وسلم , What is
the dreaded that has come down?' He said, "It concerns debt. By Allah in whose
hand is the soul of Muhammad if a man was slain in Allah's path and again rose up
alive, and was slain again in Allah's path and revived again, and was slain again
and arose alive once more, having a debt payable by him, then he would not get
admittance to paradise till his debt was settled.'1
This is a similar tradition is Sharh us sunnah (Prophet's صلى الله عليه وسلم practice).
COMMENTARY: This hadith is evidence that the Prophet صلى الله عليه وسلم and his sahabah
(Prophet's Companions) (+) did not offer the funeral salah (prayer) in the mosque. They
offered it outside the mosque, elsewhere.
CHAPTER - X
PARTNERSHIP & AGENCY
بَابُ الشِّرْكَةِ وَالْوَكَالَةِ
In common parlance, shirkah is to join together. In the terminology of Shari'ah (divine
law), it is a partnership or a contract between two (or more) people in which they are
partners in the capital as well as in profits. .
.(شركة عقد) and shirkatu uqd (شركة ملك) There are two kinds of shirkah. Shirkatu milk
Shirkatu milk applies where two are more person are proprietors of one thing. They may
have purchased it, or it may have been presented to them as a gift (which they accept), or it
may have been left to them be bequest (which they accept). Or, it is where two person
acquire jointly something that is permissible, for example, two men may hunt together and
1 Musnad Ahmad 5-289.

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the game will be their joint property. Or, where their separate properties of the same kind
may be united in such a way that one is not distinguishable from the other, or where they
unite their properties deliberately. These are examples of Shirkatu milk.
In this kind of partnership, each partner is like a stranger with respect to the other's share.
But, either partner is allowed to sell his own share to the other partner or to others without
his partner's consent, excepting only in the last two cases (when their separate properties
unite together, or when they are combined with one another deliberately). In both these
instances, neither partner can lawfully sell the share of the other to a third person without
his partner's permission.
Shirakatu und or partnership by contract is effected by proposal and consent. It is to
combine or unite the rights and properties of one another. A person may say to another, "I
make you my partner in such a property, right and transactions, meaning business." And,
the other confirms, "I consent." There should be no condition as defeats the basic principles
of Shirkah like one of them stipulating that he would take away so much money from the
profits of their business each month. This condition is totally against a combined
partnership and defeats the basic principles and objectives of Shirkah.
There are four kinds of Shirakatu uqd:
.
(1)
Shirkatu mufawidah or partnership by reciprocacy.
(2)
Shirkatu inan (sue), or partnership in traffic or in purchase and sale.
(3)
Shirkatu Sana'I ( ¿.. ) or shirakatu taqbil or partnership in arts & industry.
(4)
Shirakatu wujooh or partnership on personal credit (without any capital)
(1)SHIRAKATU MUFAWIDAH: Two person agree to be partners in disposal of property
and debt as agent of one another and as guarantors of one another. However both should
have a common religion and be equal, so there can be no partnership between a Muslim
and a dhimmi, a slave and a free man, a minor and an adult, because both have to be equal
status and station.
It is necessary to explain the word mufawidah (equality) and its demands. It is not
necessary for the partners to unite or give their properties or goods at the time of the
contract or agreement. If anyone of them buys anything, apart from the substance of his
family, of food and clothing, then it will belong to all the partners.
Imam Muhammad à >, contends that shirakatu Mufawidah and Shirkatu inan can be
correct only in such capital and property as is in the shape of prevailing currency that is
legal tender. It is also allowed in gold and silver bars (bullions) and pieces, provided they
are used in transactions. If anyone of the partners inherits or gets ownership in some other
way of such property as is valid for shirakatu mufawidah, then shirkatu mufawidah
becomes void and it will become shirakatu inan. However, if any of the partners inherits
such property in which shirakatu mufawidah is not valid, like thing, piece of land, house,
etc then shirakatu mufawidah survives.
(2)SHIRKATU INAN: Two person enter into partnership for a particular business, like
trading, and both of them are at par and equal in the foregoing things, like use religion and
sect, etc. or they are not par and equal. While this partnership make one another's agency
necessary, if does not necessitate their guarantee of one another. Of course, the partners
while they are agents mutually may be guarantors and trustees too but in only the affair in
which they are partners.
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condition that they would undertake work in partnership and do it together, like tailoring,
dyeing, etc, and they would share the wages. If they agree to do the work equally but to
divide their profit two third and one-third then this condition is allowed whichever of the
two gets business, both will have to do it equally and it cannot be that the one who is given
work (by the customer) will have to do it by himself. Also, the person who gives them
work may ask either of them to hand over the finished work and either of them may
receive the wages from their customer who will be absolved of his responsibility. Both the
partners will share the profit accruing from their work whether they both do it or either of
them does that piece of work.
(4)SHIRAKATU WUJOOH: Two persons who have no asset of their own agree to engage
in business jointly by using their own influence to bring goods on credit and sell them and
then drive the profit between them.
If they agree to the conditions of Mufawidah then that would be correct but if they do not
include the condition of mufawidah and leave it independent then it will be shirkatu inan.
This partnership makes attorney ship necessary for goods purchased for business. They
will be attorneys of the another concerning their trade merchandise. The ratio of profit will
be according to their share in the merchandise purchase for their trade. Any condition that
reduces or increases profit will be void. They cannot share equally in the stock or trade
goods and yet have different ratio of share in profits. The reason for his is that profit is
according to ownership. Each can have the some share of profit as his share of ownership
of goods is. Profit is deserved according to responsibility which is turn depends on the
ownership of that which is bought. Profit will be according to ownership.
Partnership is not allowed where they agency is defective. Examples are chopping wood,
cutting grass, hunting and getting water. Whichever of the two fetches water will be its
owner. If the other helps him then he will be entitled to the customary wages.
Wakalah or agency is to make another one's substitute in one's rights and property
(meaning in buying and selling or transactions). It is correct when one who appoints an
agent is the owner of what he deals in, and the agent must be knowledgeable and aware of
t hat for which he is made an agent.
A person is allowed to appoint an attorney for that thing which he himself is allowed to do.
On the same basis, that which a person is not allowed to do, he cannot appoint on attorney
for that. For example, it is disallowed to appoint an attorney to transact in wine, interest or
any other forbidden things.
It is allowed to appoint an attorney to give or receive all kinds of rights, Similarly, it is
allowed to appoint on attorney to get possession of one's rights. However, it is not
permitted to appoint an attorney in matters of hudood (prescribed punishments) and qisas
(retribution). Even if the person himself is not present, it is not proper to appoint a
representive for such things.
Imam Abu Hanifah al>, said that it is not allowed to appoint an agent (or attorney) to
represent is disposing of rights without the permission of the second party. However, it is
allowed, if the principal (who appoints the attorney) is ill or away at a distance of three
manzils or more.
And, Imam Abu Yusuf ale, and Imam Muhammad altes, say that it is allowed to appoint
an attorney to oversee the rights even without the permission of the second party.
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(Islamic jurisprudence). Scholars may see those books.1
SECTION I
الفَضلُ الْأَوَّلْ
PARTNERSHIP IN BARGAIN
(٢٩٣٠) عَنْ زُهْرَةَ بْنِ مَعْبَدٍ أَنَّه كَانَ يَخْرُجُ بِهِ جَدُّهُ عَبْدُ اللَّهِ بُنُّ مِشَاءٍ إِلَى السُّوْقِ فَيَشْتَرِى الطَّعَامَ فَيَلْقَاءُ
ابْنُّ حُمَّرَوَ ابْنُ الزُّكَيْرِ فَيَقُوْلَانٍ لَهُ أَشْرِكُنَا فَارِكَ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَدْدَهَا لَكَ بِالْبَرَكَةِ فَيُشْرِ
كُهُمْ فَرُبَّمَا أَصَابَ الَّاخِلَةُ كَمَا هِىَ فَيَبْعَثُ بِهَا إِلَى الْمَنْزِلِ وَكَانَ عَبْدُاللَّهِ ابْنُ هِشَاهٍ ذَهَبْتُ بِهِ أُمّه إِلَى
النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَمَسَخَّ رَأْسَهُ وَدَقَالَهُ بِالْبَرَكَةِ - (رواه البخارى)
2930. Sayyiduna Zuhrah ibn Ma'bad à , narrated that his grandfather
Sayyiduna Abdullah ibn Hisham wealso, used to take him out to the market where
he purchased grain. Sayyiduna Ibn Umar ue àn +, and Sayyiduna Ibn Az-Zubayr
we an+, met him there often. They would request him to take them as (his) partners
because the Prophet صلى الله عليه وسلم had prayed for a blessing on him. So, he would
take them as his partners. He often earned a camel-load as profit which he sent
home. Indeed Sayyiduna Abdullah ibn HIsham u à +, has been taken to the
Prophet صلى الله عليه وسلم by his mother. He had stroked his head with his hand and had
prayed for a blessing on him.2
SHARING WITH THE ANSAR BY THE MUHAJIR
(٢٩٣١) وَعَنْ أَبِيْ هُرَيْرَةَ قَالَ قَالَتِ الْآَنْصَارُ لِلنَِّّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ اقْسِمُ بَيْنَا وَ بَيْنَ إِخْوَانِنَا النَّخِيلَ
قَالَ لَا تَكْفُوْنَنَا الْمُؤنَّةَّ وَنُشْرِ كُكُمْ فِىِ القَّمَرَةِ قَالُوا سَمِعْنَا وَأَطَعْنَا- (رواه البخارى)
2931. Sayyiduna Abu Hurayrah ws à +, narrated that the ansar requested the
Prophet صلى الله عليه وسلم. "Divide the palm trees between us and our brothers (the
muhajirs (emigrants))." He said, "No Rather, you do that upkeep for us (meaning,
the muhajirs (emigrants)). We shall share with you the fruit" (meaning, only the
produce not the trees). They submitted "we hear and we obey."3
COMMENTARY: When the emigrants left their belongings in Makkah and came to
Madinah, the ansar (helpers, who were people of Madinah) offered to share their
belongings with the Makkans. The ansar took upon themselves the responsibility to look
after the muhajirs (emigrants) (emigrants). So, they are called ansar (helpers). The Prophet
had established a fraternity between the two and the ansar had made the صلى الله عليه وسلم
muhajirs (emigrants) their partners in their properties.
When they offered to share the palm trees too, the Prophet صلى اللهعليه وسلم said to them that the
emigrants would not be able to maintain them so they should retain them and maintain
them and he would divide the fruit when it is produced.
It is mustahab (desirable) to help fellow Muslims and to work and behalf of them. Also,
1 See the Hidaya (English translation) v1 pp 540, Darul Isha'at Karachi.
2 Bukhari # 2501.
3 Bukhari # 2325.

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Shirkah or sharing together is a correct thing.1
AN AGENT MAY BE APPOINTED
(٢٩٣٢) وَعَنْ عُرُوَةَ بُنِ آَبيِ الْجُعْدِ الْبَارِقِ آَّ تَسُولَ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَعْطَاءُ دِيْنَارًا لِيَشْتَّرِىَّ لَه شَاةً
فَاشْتَرَى لَهُ شَاتَيْنٍ فَبَاءَ إِحْدَاهُمَا بِدِيْنَارٍ وَأَتَاهُ بِشَاءٍ وَدِيْنَارٍ فَدَعَالَهُ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِي تَسْجِهِ
بِالْبَرْكَةِ فَكَانَ لَوِاشْتَرَى تُرَابًا لَرَبِحَ فِيهِ۔ (رواه البخاری)
2932. Sayyiduna Urwah ibn Abu Al-jad Al-Bariqi us à , narrated that Allah's
Messenger , à gave him one dinar to buy a sheep for him. However, he
bought two sheep for him, sold one of them for one dinar and brought to him one
sheep and one dinar. Then, Allah's Messenger , a invoked a blessing on
him in his buying and selling. So, he prospered to the extent that if he had bought
dust even that would have earned him profit.2
COMMENTARY: Ibn Malik alos, says that it is allowed to appoint an agent to conduct
one's business dealings as also to transact all those things for which a deputy or a
representative may take over.
If any one sells another's property without his consent, then the sale is effected but the
owner's permission makes it correct. This is the contention of the Hanafis, but Imam Shafi'I
au tos, said that it is absolutely disallowed to sell anything without the permission of its
owner even if he gives his permission afterwords.
SECTION II
الفضلُ الثَّانِى
ALLAH PROTECT TRUSTWORTHY PARTNERS
(٢٩٣٣) عَنْ أَبٍ هُرَيْرَةَ رَفَعَهُ قَالَ إِّ اللّهُ عَزَّ وَجَلَّ يَقُوْلُ أَنَا ثَالِتُ الشَّرِيْكَيْنِ مَا لَمْ يَخُّنُّ أَحَدُهُمَا صَاحِبَهُ
فَإِذَا خَانَةٌ خَرَجُتُ مِنْ بَيْنِهِمَا - رَوَاهُ أَبُوُ دَاؤْدَ زَادَ رَزِيْنْ وَجَاء الشَّيْطَار !-
2933. Sayyiduna Abu Hurayrah w à+, narrated that the hadith in a marfu form!
Surely, Allah, mighty and glorious say, "I am between two partners as a third
(watching over) till one of them does not deceive the other. When he deceives him, I
go out from them."3
COMMENTARY: Till such time as partners in a venture are honest and faithful to each
other, Allah protects them and blesses them. They prosper and he helps them, too. "
However when they begin to cheat and dupe each other, Allah removes the shade of His
mercy and blessing from them. The devil misleads them and they fall into loss.
Partnership in dealings particularly business, is mustahab (desirable). It attracts such
blessings as sole proprietorship does not get. As long as a person is engeaged in helping his
brother, Allah's help is for him.
1 The hadith (2325) in Bukhari differs both in Arabic text And in translation (see v3 # 2325 Darus
Salam, Riyadh).
2 Bukhari # 3642, Tirmidhi # 1262, Abu Dawud # 3384, Ibn Majah # 2402, Musnad Ahmad 4. 375.
3 Abu Dawud # 3383.

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DO NOT AVENGE THE DECEIVER WITH DECEPTION
(٢٩٣٤) وَعَنْهُ عَنِ النَِّيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ آَذِاَ لْآَمَانَهَ إِلى مَنِ التَّمَنَكَ وَلَّا تَّخُنُّ مَنْ خَانَكَ- (رواه
الترمذى، وابوداؤد، والدارمى)
.
2934. Sayyiduna Abu Hurayrah رضى الله عنه narrated that the prophet صلى الله عليه وسلم said,
"Return the trust to him who has placed. it with you. But, do not deceive one who
deceives you."1
COMMENTARY: If you do the same thing to one who deceives you then you are in the
same class as he is -a deceiver! This excludes one who takes back his property from an
unjust person who had taken his property and denies having taken it. Imam Abu Hanifah
As an , said that he may take back the unjust man's property if it is of the same kind as his
(and as much as his, the rest the must leave alone).
(٢٩٣٥) وَعَنْ جَابِرٍ قَالَ آرَدْتُّ الْخُرُوُّ إِلى خَيْبَرَ فَأَتَيْتُ النَّبِيَّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فَسَلَّمْتُ عَلَيْهِ وَقُلْتُ إِنِّ
أرَدْتُ الْخُرُوَّْ إِلَى خَيْبَرَ فَقَالَ إِذَا آتَيْتَ وَكِيْلِى فَخُذُّ مِنْهُ خَمْسَةَ عَشَرَ وَسْقًا فَإِنْ ابْتَغَى مِنْكَ أَيَّةً فَضَعُ يَدَكَ
عَلى تَرْقُوتِه۔(رواهابوداؤد)
2935. Sayyiduna Jabir ue àn +, narrated that he decided to go to Khaybar, so he met
the Prophet صلى الله عليه وسلم and offered him salaam (the greeting). Then he said, "I wish
to go to Khaybar."He said, "when you meet my agent, take from him fifteen wasqs
(camel-loads). If he seeks a sign from you put your h and on his caller bone."2
COMMENTARY: The Prophet صلى الله عليه وسلم had arranged beforehand with his agent in
Khaybar to ask for a sign from any one who came from him. It was to place hand on his
clavicle. Sayyiduna Jabir As &n +, was to take fifteen wasqs of dates from him.
SECTION III
الفَصلُ الثَّالِثْ
BLESSING IN SHIRKAH MUQARADAH
(٢٩٣٦) عَنْ صُهَيْبٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ثَلَاثْ فِيْهِنَّ الْبَرُّكَةُ الْبَيْعُ إِلَى أَجَلٍ وَالْمُقَارَضَةُ
وَإِخْلَاطُ الْبُرِّبِالشَّحِيْرٍ لِلْبَيْتِ لَا لِلُبَيْع - (رواه ابن ماجة)
2936. Sayyiduna Suhayb رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"Three things contain blessing (meaning that they have much good in them):
!
(1) To sell with time specified (meaning to allow the buyer time to pay)
(2) Muqaradah (mudarabah)
(3) To mix wheat and barley for domestic consumption (of oneself) but not for sale."3.
COMMENTARY: Mudarabah is that a man gives his money or property to another to do
business and he works. When any profit is received, they divide it between them.
Wheat and barley are mixed for domestic consumption to economise. However, this is
disallowed for sale and is sinful.
1 Tirmidhi # 1268,. Abu Dawud # 1535, Darimi # 1597.
2 Abu Dawud # 3632.
3 Ibn Majah # 2289.

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AN AGENT'S INITIATIVE
(٢٩٣٧) وَعَنْ حَكِيُمِ بُنِ حِزَامٍ آَّ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بَعَثَ مَعَهُ بِدِئْنَاٍ لِيَشْتَرِىّ لَهُ پِهِ
اُضْحِيَّةً فَاشْتَرِى كَبًْا بِدِينَارٍ وَبَاعَةُ بِدِيْنَارَيْنِ فَرَجَةَ فَاشْتَرَى أُضْحِيَّةً بِدِيْنَارٍ فَجَاء بِهَاوَ بِالدِّيْنَارِ الَّذِى
اسْتَفْضَلَ مِنَ الْأُخْرِى فَتَصَدَّقَ رَسُوْلُ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بِالدِّيْنَارِ فَدَعَا لَه آسْ يُبارك لهفى تجارته۔
(رواه الترمذى وابوداؤد)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Haakim ibn HIzam .2937
duy sent him with a dinar to buy a sacrificial animal for him. He bought a sheep for
one dinar and sold it for two. Then he returned and bought a sacrificial animal for
one dinar. He came with it and with the dinar that he had saved from the other.
Allah's Messenger صلى الله عليه وسلم gave that dinar as sadaqah (charity) and invoked a
blessing on him in his trading.1 (See hadith # 2932)
SOME RULINGS ON PARTNERSHIP & AGENCY
Some basic things have been mentioned as introduction to this chapter on Shirkah and
wakalah. Some rulings have followed in the commentaries of the ahadith. The chapter
concludes, so we think it appropriate to mention some more necessary issue regarding
this subject.
PARTNERSHIP CONCERN: The persons who constitute a partnership in a business
concern can be of two forms.
(1)
Each partner is the proprietor or owner and absolute authority, or the absolute
authority only. This concern works on the mutual consultation of all the partners.
Of this form are those four kinds mentioned in the introduction to this chapter:
Shirkatu mufawidah, shirkatu inan, shirakatu taqbil and shirkatu wujooh.
(2)
Some people combine to be partners and share holder in a business enterprise
and they are bound by a set of laws rules and regulations. Each partner
(shareholder) must regard himself without ownership. This form may be said
to be like the current trading associations and joint stock companies.
The juristic ruling in this regards is:
1. The company should be run and its day to day affairs conducted, by one man or a
committee of men who should be nominated from among the share-holders or from
outside their body.
2. None of the share holders enjoys any authority but every one of them has the right of property.
3. All the shareholders as a single entity will be owner and authority and this single entity
may be received by consensus or by a majority decision.
4. Any of these share-holders may become a servant or employee of his jointstock company.
5. None of the share-holders can separate (from the company) but may transfer his share
through a gift or sale.
6. When the number of share holders becomes limited and complete and any of them
desires to sell his share, the other share-holders will be given preference.
7. If a share is divided through inheritance or sale, etc. then the employees and officers of
1 Tirmidhi # 1201, Abu Dawud # 3386.

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the company will be compelled to endure deal with the heirs and rightful owners of t his
share either with all of them jointly or through their agent. The group of partners of such a
share will be considered to be a single entity.
8. The shareholders of the company will be bound to observe the rules that are drafted to
run the company. However, it is a sin to frame a rule contrary to Shari'ah (divine law) and
it is disallowed to obey it.
9. All such rules and regulations that are drafted to maintain discipline and order will be
merely of the permissible kind. They will not overrun the laws and canons of Shari'ah
(divine law).
10. The stipulation that the share-holders will not be responsible for a debt or loss in their
individual capacity will be valid only when this is announced.
DISSOLUTION OF PARTNERSHIP: There are two reasons for winding up a partnership
or trading or any activity conducted in the association of two people.
(1)
Both parties agree to terminate their business.
(2)
One of the two parties wishes to withdraw. He might die, lose sanity, has to
surrender his assets so become capital-less or there is some other reason for
withdrawal.
In all these cases the partnership will stand dissolved and division will be effective even if
the heirs of the dead of the insane wish to retain it.
The juristic guidance in this regard is:
(1)
All the demands (dues) must be settled first of all.
:
(2)
All commitments must be honoured.
(3)
The rights should be disbursed as though valuable property.
(4)
The outstandings would be disbursed according to share of every shareholder
as and when received and each shareholder will be considered to be the agent
of the other and continue to demand and obtain (the outstandings).
. (5)
In case of the second reason for winding up two things must necessary
observed: (a) the withdrawing party or his representative (heir, etc) will not be
absolved of responsibilities, and (b) he will have no claim or right on the assets
like property, goodwill, etc.
(6)
The dissolution will have no effect no other companies apart from the
prescribed law or ruler's directives because it is not concerned with any
individual's death, insanity, etc.
DIVIDING AFTER DISSOLUTION: When the partnership dissolves and the assets, etc
are disbursed to the outgoing partners or shareholders, these factors must be observed:
1. Allowance must be made for the demand on the company to be paid and the contracts
must be honoured.
2. The rights and valuables must be evaluated. In case of dispute, it is permitted by Shari'ah
(divine law) to decide by ballot.
3. The retiring party is not entitled to rights anymore but is not absolved of responsibility.
4. Demands of the company on others will remain as heretofore and will be distributed
according to share as and when received.
RULES ABOUT AGENCY
(1)
The agent and the principal must not be insane, minor, slave or confined.
(2)
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gathering grass or chopping wood from somewhere, fetching water or pearls from a river
or collecting charity.
(3)
It is allowed to an agent to work free, or ask for remuneration, or share in profits.
(4)
In such actions in which, the agent may represent both himself and his principal,
he is like the real person and can be plaintiff or defendant as in buying and selling. On the
other h and, when he cannot represent himself, he has no concern with the rights of
contract, like marriage, divorce.
(5)
An agent cannot use authority as of the owner for his personal ends because he is
only a trustee.
(6)
The principal may dismiss his agent before he begins work or does something.
Once the agent begin to take any action, he has no right but to accept and approve the
works done by the agent.
(7)
The agent is within his rights to hand over what ever he has brought for his principal
only after receiving payment for it, but he cannot take it back after handing it over.
(8)
As long as the agent does not withhold what he has brought, he is a trustee, but
once he withholds it, he is a guarantor.
(9)
An agent is not allowed to use the authority vested in him for his own needs.
MISCELLANEOUS RULINGS
1.
If Zayd sends his servant to buy something from a shop and he purchases it on
credit, the shopkeeper cannot demand payment from Zayd. He can ask the servant for it
and he will ask Zayd for it if he has not paid him already. Similarly, if Zayd's servant sells
for him something then he cannot demand payment from the purchaser who will pay to
him from whom he has received it, But, if the buyer pays the money to Zayd of his own
accord then it is allowed and if he does not pay him, Zayd cannot demand it, nor compel
him.
2.
If Zayd instructs his servant to buy for him one kilogram of wheat and he brings
one and a half kilogram then Zayd is not bound to take the extra half kilogram. If he does
not take it, the servant will have to keep it.
3.
If an agent is instructed to buy something specific (like the goat belonging to so-
and-so) then he cannot buy that for himself at the price given to him. However, it is
allowed to him if he buys it for more than the price at which his principal had instructed
him to buy. If the principal had mentioned no price beyond instructing him to buy the
goat, then the agent is not allowed to buy it at all.
4.
The agent bought a goat for Zayd but before he could give it to him, the goat died or
was stolen, zayd will have to bear the coast of the goat. If Zayd alleges that his agent had
bought it for himself, not for Zayd, then his word will not believed, provided Zayd had paid
the agent for it beforehand. If Zayd had not paid him in advance and Zayd says on oath that
his agent had bought it for himself then zayd will be believed and the agent will have to bear
the loss of the goat. If Zayd does not say on oath then the agent will be believed.
5.
If Zayd's servant buys for Zayd something at a higher price and there is not much
of a difference, then Zayd will have to take it and pay for it. But, if the difference is much
and no one would buy it at that high price then it is not wajib (obligatory) for Zayd to take it.
If Zayd does not take it, the servant will be responsible for it.
6.
If Zayd gives something to Bakr to sell then it is not allowed to Bakr to buy it
himself and pay its price to Zayd similarly, if Zayd asks Bakr to buy something for him
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These may be done, however, if Zayd is told by Bakr explicitly that he takes that thing and
he may give it to him, or Zayd may take what he has, but it is disallowed to do so without
informing him.
7.
If Zayd had sent his servant to bring for him goat's meat but he get s him beef then
Zayd may or may not take it. Or if he sent him to bring potatoes but he gets onion, Zayd is
at liberty to refuse to take that. If Zayd refuses to take it, his servant will have to keep it.
8.
If Zayd sends two men to buy something for him from the market, then it is
necessary for both of them to be present at the time of buying. It is not allowed for only one
to buy the thing and if only one of them buys it, the transaction will be suspended, unless
Zayd accepts the purchase by only one man.
9.
If Zayd asks someone to buy for him something from the market and he deputes
another person to buy it for him, then it Is not wajib (obligatory) for Zyad to take that thing.
He has option to take it or refuse to take it. If that (Zayd's) man buys it himself then Zayd
will have to take the thing.
DISMISSING THE AGENT
The agent may be dismissed any time before he discharge the responsibility assigned to
him. For instance, Zayd asked someone to buy for him a goat, but soon reversed his
decision and asked him not to buy it. If he buys it in spite of that, then Zayd need not keep
that goat. But, if he had bought the animal before Zayd asked him not to buy then it is wajib
(obligatory) for Zayd to take the goat from him, and pay him for that.
If Zayd does not forbid him directly but writes to him a letter to the effect or sends that
message to him through someone, then too he is no more Zayd's agent.
If Zayd does not inform him but another man tells him that Zayd has removed him then
this will be deemed to be a reliable information if that man is trustworthy and an adherent
of Shari'ah (divine law), or if two men give him this information, and the agent will have
· been displaced. If it is not so, then the agent will continue to be in his assignment and if he
has bought the goat, Zayd will have to keep it.
CHAPTER - XI
UNJUST & COMPULSORY APPROPRIATION AND
ASSIGNING SOMETHING TO ANOTHER
بَابُ الْغَصَبِ وَالْعَارِيَةِ
Ghasab (+) is to 'snatch', In the terminology of Shari'ah (divine law) it is to appropriate
someone's property unjustly and coercion, as distinct from stealing. The person who does it
is Ghasib. The thing that is taken away unjustly is ma'sub (,au) whatever it be.
Aariyyah (4,le) is what is taken by request. In the terminology of Shari'ah (divine law) it is
to make another the recipient of one's profit without seeking a return for it.
SECTION I
الْفَضْلُ الْآوَلُ
PUNISHMENT TO THE UNJUST SNATCHER
(٢٩٣٨) عَنْ سَعِيْدٍ بُنِ زَّيْدٍ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَنْ آَخَذَ شِبْرًا مِنَ الْأَرْضِ ظُلُمَّا فَإِنَّهُ
يُطَوّقْهُ يَوْمَ الْقِيَامَةِ مِنْ سَبْعِ أَرْضِيْنَ- (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Sa'eed ibn Zayd .2938

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said, "If anyone takes a span of land unjustly, then, on the day of resurrection, as
much earth taken from the seven earths will be put round his neck."1
COMMENTARY: Apart from a social evil, to take away anything belonging to another
unjustly is a severe crime in the eyes of Shari'ah (divine law) and so a grave sin. This is an
example of the punishment Islam aware to those who usurp even so much as a span of
land. Not merely that earth, but seven such will be garlanded round his neck (we seek
refuge in Allah.)
Sharh us sunnah (Prophet's صلى الله عليه وسلم practice) explains the hadith thus: On the day of
resurrection, Allah will cause him to be swallowed by the earth and the piece of the land
that he had usurped would squeeze his neck as a garland on it.
MILK AN ANIMAL WITH OWNER'S PERMISSION
(٢٩٣٩) وَعَنِ ابْنِ حُمَرَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا يَجْلُبَنَّ أَحَدْ مَاشِيَةَ إِمْرِئٍ بِغَيْرٍ إِذْنِهِ آَمُحِبُّ
أَحَدُكُمُ اْ يُؤْثُ مَشْرُبَتَهُ فَتُكْسِرَ خِزَانَتُهُ فَيُنْتَقَّلَ طَعَامُهُ وَإِنَّمَا يَخْزٌُ لَّهُمْ ضُرُؤُهُ مَوَاشِيُهِمْ
اَطْحِمَاهِمْ۔ (رواه مسلم)
2939. Sayyiduna Ibn Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"Let no one milk another man's animal without his permission. Would one of you
like that his storeroom should be intruded into and his provision taken away? It is
only for them that the udders of their animals preserve their food."2
COMMENTARY: The hadith says: "Do not keep your eyes on other's property with evil intention."
Sharh us sunnah (Prophet's صلى الله عليه وسلم practice) quotes most of the ulama (Scholars) to say
that only when one is compelled by hunger may be milk another's animal but only enough
to help at that moment. Then he must pay for it promptly but if he has not the money at the
time then later.
A JEALOUS MOTHER
(٢٩٤٠) وَعَنْ آَنَسٍ قَالَ كَانَ النَِّيُّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ عِنْدَ بَعْضِ نِسَائِهٍ فَأَرُسَلَتْ إِحُدَى أُمَّهَاتٍ
الْمُؤْمِنِيْنَ بِصَحْفَةٍ فِيْهَا طَعَامٌ فَضَّرَ بَتِ الَّتِى النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِيْ بَيْتِهَا يَدَ الْحَادِمِ فَسَقَطَتِ الشَّحْفَةُ
فَانْفَلَقَتْ فَجَمَعَ النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِلَقَ الشَّحْفَةِ ثُتَّ جَعَلَ يَجْمَهُ فِيْهَا الطّعَامِ الَّذِى كَاتَ فِي
الصَّحْفَةِ وَيَقُوْلُ غَارَتْ أُمُّكُمْ ثُّ حَبَسَ الْخَادِمَ حَتَّى أُّ بِصَحْفَّةٍ مِنْ عِنْدِ الَّتِىْ هُوَ فِي بَيْتِهَا فَدَفَعَ الصَّحْفَةَ
الصَّحِيحَةَ إِلَى الَّتِى كُسِرَتُ صَحْفَتُهَا وَ أَمْسَكَ المَكْسُوْرَةَ فِيْ بَيْتِ الَّتِى كَسَرَتُ۔(رواه البخاری)
2940. Sayyiduna Anas رضى الله عنه narrated that the Prophet صلى الله عليه وسلم was with one of
his wives رضى الله عنه (Sayyidah Ayshah) رضى الله عنه, when another of the mothers of the
faithful (Sayyidah Zaynab رضى الله عنه or Sayyidah Safiyah رضى الله عنه or Sayyidah Umm
Salamah us in(+)) sent a bowl in which was some food. She in whose house was the
1 Bukhari # 3198, Muslim # 140. 1610, Tirmidhi # 1422, Darimi # 2606, Musnad Ahmad 1-187.
2 Bukhari # 2435, Muslim # 13-1226, Abu Dawud # 2623, Ibn Majah # 2303, Muwattaa Maalik 17
(Ista'zan)

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Prophet صلى الله عليه وسلم struck the servant's hand (in such a way) that the bowl fell and
broke into pieces. The prophet صلى الله عليه وسلم picked up the pieces of the bowl and
collect ed the food it had contained into it. He said, "Your mother is envious." He
made the servant wait till another bowl was presented by her in whose house he
was. He gave the sound bowl to her whose bowl had been broken and retained the
broken one in the house of the one who had broken it.1
COMMENTARY: The servant was the female slave who worked with Sayyidah Ayshash you +).
The Prophet صلى الله عليه وسلم showed extreme forbearance and Humbleness and he was very ,
kind and loving to his wives رضى الله عنهن.Also, he displayed much respect to Allah's
blessing of food.
The Prophet صلى الله عليه وسلم made it sure that people did not think of the work of Sayyidah
Ayshah "ein+, as bad. He reminded them that any woman may envy a co-wife, that being
human nature.
The hadith finds place in thus chapter because the bowl was broken intentionally. This is a
kind of compulsory appropriation through it was for a different reason. Also, the food was
sent as a gift but the bowl in which it was sent an aariyyah.
FORBIDDEN TO PLUNDER
(٢٩٤١) وَعَنْ عَبْدِ اللَّهِ بْنِ يَزِيْدَ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَنَّه ◌َى عَنِ النُّهْبَةِ وَالْمُقْلَةِ - (رواه البخارى)
صلى الله عليه وسلم narrated that the Prophet رضى الله عنه Sayyiduna Abdullah ibn Yazid .2941
forbade plundering and mutilation.2
COMMENTARY: It is forbidden to plunder anyone's property Muslim or non Muslim. It
violates right of fellowmen and creates chaos and disorder in society.
Mutilation is to cut off limbs of the body. Shari'ah (divine law) has forbidden it. It amounts
to spoiling Allah's creation.
STEALING FROM PILGRIMS
(٢٩٤٢) وَعَنْ جَابِرٍ قَالَ انْكِّسَفَتِ الشَّمْسُ فِ عَهْدِ رَسُوْلِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَوْمَّ مَاتَ إِبْرَاهِيُهُ ابْنُ
تَسْوْلِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَعَلَى بِالنَّاسِ سِتَّ رَكَّعَاتٍ بِأَرْبَعْ سَجَدَاتٍ فَانْصَرَفَ وَقَدْ أَصَّتِ الشَّمْسُ
وَقَالَ مَا مِنْ شَهِىءٍ تُوْعَدُوْنَهُ إِلَّا قَدْرَأَيْتُهُ فِي صَلَاقُ هُذِهِ لَقَدْ جِبْىٌّ بِالنَّارِ وَذْلِكَ حِيْنَ رَأَيْتُمُوْنِ تَأَخَّرْتُ
مَخَافَةً اْ يُصِيْبَنِيْ مِنْ لَفْحِهَا وَحَتَّى رَأَيْتُ فِيْهَا صَاحِبَ الْمِحُجَنِ تَجُّ قُتِبَهُ فِي النَّارِ وَكَانَ يَسْرِقُ الْحَاءَ
بِمِحُجَنِهِ فَإِنْ فُطِنَ لَهُ قَالَ إِنَّمَا تَعَلَّقَ بِمِحْجَنِيٍ وَإِنْ غُفِلَ عَنْهَ ذَهَبَ بِهِ وَحَتَى رَأَيْتُ فِيْهَا صَاحِبَةَ الْهِرَّةِ
الَّتِيْ رَبَطَتْهَا فَلَمْ تُمْعِمُهَا وَلَمْ تَدُعُهَا تَاكُلُ مِنْ خَشَاشِ الْأَرْضِ حَتَّى مَاتَتْ جُوْمَّا تُؤَّ بِىْءَ بِالْجُنَّةِ وَذلِكَ
حِيْنَ رَأَيْتُمُوْنِ تَقَدَّمْتُ حَتَّى قُمْتُ فِى مَقَاعِئٍ وَلَقَدْ مَدَدْتُ يَدِىْ وَأَنَا أُرِيدُ أَنْ آَتَنَاوَلَ مِنْ تَمَرَِمَا لِتَنْظُرُؤُا
إِلَيْهِ ثُؤَّ بَدَالِيْ آَنْ لَّا أَفْعَلَ - (رواه مسلم)
1 Bukhari # 5225, Nasa'i # 3955, Musnad Ahmad 3-263.
2 Bukhari # 2474.

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2942. Sayyiduna Jabir w a+, narrated that the sun was eclipsed in the time of
Allah's Messenger ,lean on the day Ibrahim, his son, died. He offered salah
(prayer) leading the people through six ruku (bowings) and four sajdah
(prostrations),1 and finished (the salah (prayer)) as the sun emerged from the
eclipse. Then he said, "All that you have been promised (of paradise and hell), I
have seen during this salah (prayer) of mine. Hell was brought (before me). That
was when you saw me move back lest some of its heat cover me. I saw in it the
one with the etched stick (Amr ibn Luhayy) drag his intestines in the fire. He stole
(the things) of the pilgrims with his etched stick. If he was detected, he would say
'If entangled to my stick by itself, "If he was not seen, he went off with it. I saw
too the woman owner of the cat which she had tied up. She neither fed it nor
allowed it to go and eat the insects on the earth till it died of hunger. Then
paradise was brought (before me). That was when you saw me lean forward. Then
I stood still in my place and stretched out my hand that I might pick some of its
fruit and you might see it. But, it dawned on me that I should not do it (So that
your belief in the unseen may not falter)."2
COMMENTARY: We lean from this hadith:
(i)
Paradise and hell are in existence.
(ii)
It is sunnah (Prophet's ,le & practice) to move away from the place where
punishment is being given and destruction is likely.
(iii)
Some people are already being punished in hell.
(iv)
A slight movement in salah (prayer) (or action) does not make salah (prayer)
invalid. The Prophet صلى الله عليه وسلم leaned forward and drew back on seeing
paradise and hell during the salah (prayer).
MAY BORROW AN ANIMAL
(٢٩٤٣) وَعَنُ قَتَادَةً قَالَ سَمِعْتُ أَنَّسَّا يَقُوْلُ كَانَ فَزَءٌ بِالْتَدِيْنَةِ فَاسْتَعَارَا النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَرَسًّا
مِنْ آتِيْ طَلْحَةَ يُقَالَ لَهُ الْمَنْدُوْبُ فَرَكِبَ فَلَهَّا رَجَعَ قَالَ مَارَأَيْنَا مِنْ شَيٍ وَإِنْ وَجَدُنَاهُ لَبَحُرّا- (متفق عليه)
2943. Sayyiduna Qatadah رضى الله عنه narrated that he heard Sayyiduna Anas رضى الله عنه say
that (once) fear griped Madinah. So, the Prophet صلى الله عليه وسلم borrowed a horse called
al-Mundub (lazy) from Sayyiduna Abu Talhah &s & +). He rode it. When he
returned, he said, "I found nothing (of alarm). I found, however, that the horse
could run as swiftly as a river."3
COMMENTARY: It is allowed to borrow an animal from someone and to name an animal.
It is also allowed to name equipment of war.
SECTION II
الفضلُ الثَّانِى
BARREN LAND BELONGS TO HIM WHO MAKES IT FERTILE
(٢٩٤٤-٢٩٤٥) عَنْ سَعِيْدِ بْنِ زَيْدٍ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَنَّهِ قَالَ مَنْ أَحْبِى أَرْضًّا مَيْتَةٌ فَهِىَ لَّهُ وَلَّيْسَ
1 In two raka'at, he made three bowing and two prostrations in each, making them six and four.
2 Muslim # 10. 904, Musnad Ahmad 3-318.
3 Bukhari # 2627, Muslim # 49-2307, Abu Dawud # 4988, Tirmidhi # 1691, Musnad Ahmad 3. 171.

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◌ِعِرُقٍ ظَالٍِ حَقّ- رَوَاهُ أَحْمَدُ وَالتِّزْ مِذِىُّ وَأَبُوْدَاوُدَ وَ رَوَاهُ مَالِكْ عَنْ عُرُوَةَ مُرْسَلًا وَقَالَ التِّزْمِذِىُّ لهذَا
حَدِيْثُ حَسَنٌ غَرِیُبُ-
2944. Sayyiduna Sa'eed ibn Zayd رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said,
"If anyone revives a dead land (meaning, cultivate an infertile land) then it belongs
to him, but if anyone wrongfully plants (a tree) on a land already cultivated then he
gets no right on it."1
2945. Sayyiduna Urwah «a », narrated that it in a mursal form.2
COMMENTARY: The person who revives an infertile, barren land owns it if it is not
already a Muslim's property nor is it an amenity plot in a city or a village for animals, to
stack and pile hay, etc. for washroom, or for any common good. Imam Abu Hanifah als,
holds that permission of the government is essential. Imam Shafi'I ala>>, Imam Ahmad 4,
à and of the Hanafis Imam Abu Yusuf ale, and Imam Muhammad als, - all say that
permission is not necessary. Their arguments may be seen in books of fiqh (Islamic
jurisprudence).
If anyone plants or cultivates another person's fertile land then he does not become its
owner because of that.
PROPERTY OF OTHER PEOPLE
(٢٩٤٦) وَعَنْ آتِيْ حُزَّةَ الرَّقَاشِيِّ عَنْ عَبِّهِ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَلَّا لَا تَظْلِمُوْا أَلَّ لَا يَحِلُّ
مَالُ امْرِءٍ إِلَّ بِطِيْبٍ نَفْسٍ مِنْهُ - رَوَاءُ الْبَيْهَقِيُّ فِيْ شُعَبِ الْإِيمَانٍ وَالدَّارُ قُطْنِىُّ فِى الْمُجْتَلِى-
2946. Sayyiduna Abu Hurayrah Ar-Raqashi a dez, narrated on the authority of his
paternal uncle that Allah's Messenger ,4,le ano said, "Do not oppress anyone. And,
know! The property of another is not lawful unless it is with his willingness."3
PLUNDERER IS UNWORTHY OF ISLAMIC FRATERNITY
(٢٩٤٧) وَعَنْ عِمْرَانَ بْنِ حُصَيْنٍ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَنَّهِ قَالَ لَاجَلَبَ وَلَّا جَنَبَ وَلَّا شِغَارَ فِى
الْإِسْلَامِ وَمَنِ انْتَهَبَ تُهُبَةً فَلَيْسَ مِنَّا- (رواه الترمذى)
صلی الله عليه وسلم narrated that the Prophet رضى الله عنه Sayyiduna Imran ibn Husayn .2947
said, "There is no jalaba, no janaba and no Shighar in Islam and he who plunders
is not one of us."4
EXPLANATION: Jalab and Janab may refer to racing or to sadaqah (charity). Jalab is that
one man runs after a horse urging it forward in a race between two horses. Janab is to keep
a spare horse along in case the one that is ridden get tired it may be replaced.
Or, if it is sadaqah (charity), jalaba is that the collector should encamp outside habitation
and not go to the people. He must send a messenger to the inhabitants to say that whoever
is liable to pay zakah (Annual due charity) must bring his zakah (Annual due charity) to
1 Tirmidhi # 1383, Abu Dawud # 3078.
2 Muwatta Maalik # 26 (al-Aqdiyah).
3 Musnad Ahmad 5-72, Bayhaqi in Shu'ab al Eeman, Daraqutni in al-Mujtaba.
4 Tirmidhi # 1126, Abu Dawud # 2581, Nasa'i # 3832, Musnad Ahmad 4. 439.

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him outside the city or village limits.
Janab, in this case, is that the payer takes away his property to a distance from his house
and informs the zakah (Annual due charity) collector get his zakah (Annual due charity)
from him at that place.
This has been mentioned previously in the Book of Zakah (Annual due charity). (see hadith
# 1785) The two things, jalab and janab are disallowed here too whether they mean racing
or sadaqah (charity) (zakah (Annual due charity)).
Shighar is that a man marries his sister or daughter to someone without fixing a dower but
on condition that the dower would be that the other man marry his sister or daughter to
him. The hadith declares this kind of reciprocal marriage as contrary to Islam. Most u lama
say that such a contract is void. Imam Abu Hanifah &w>, and Sufyan alder, say that this
marriage is correct, but mahr mithal (proper dower) is wajib (obligatory). Moreover anyone
who does it is a sinner, so it should not be done.
DO NOT TAKE AWAY ANOTHER'S THING JOKINGLY
(٢٩٤٨) وَعَنِ السَّائِبِ بُنِ يَزِيْدَ عَنْ آَيْهِ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا يَأْخُذُ أَحَدُكُمْ عَصَا آَخِيْهِ لَّا عِبًّا
جَاذًّا فَمَنْ آَخَذَ عَمَا أَخِيْءٍ فَلْيَرُدَّهَا إِلَيْهِـ رَوَاهُ التِّرْمِذِىُّ وَأَبُوْدَاؤدَ وَ رِوَايَتُه إِلى قَوْلِهِ جَادًا.
2948. Sayyiduna Sa'ib ibn Yazid ala, narrated on the authority of his father that the
Prophet ,Ale an Lo said, "Let none of you take away a staff of his brother in jest to
keep it with himself. He who takes his brother's staff must return it to him."1
COMMENTARY: In this hadith, Staff is mentioned by way of example to show that even
such little things should not be taken away from anyone.
STOLEN PROPERTY IF DISCOVERED, TAKE IT BACK
(٢٩٤٩) وَعَنْ سَمُرَةَ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ وَجَدَ عَيْنَّ مَالِهِ عِنْدَ رَجُلٍ فَهُوَ آَحَقُّ بِهِ وَيَّبِعُ
الْبَێِعَ مَنْ بَاعَه۔(رواه احمد وابوداود والنسائى)
2949. Sayyiduna Samurah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "He
who find his property, exactly his, has perfect right to it. (and to take it back). The
buyer must pursue the person who had sold it to him."2
COMMENTARY: If anyone finds his own thing that was lost or snatched from him, then he
has every right to take it back from whoso has it. This person may then demand his money
from the one who had sold it to him.
RETURN WHAT YOU TAKE
(٢٩٥٠) وَعَنْهُ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ عَلَى الْيَدِمَا آَخَذَتْ حَتّى تُؤَدِّىَ-(رواه الترمذى وابوداودوابن ماجة)
2950. Sayyiduna Samurah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "The
hand is responsible for what it takes till it returns it."3
COMMENTARY: It is wajib (obligatory) to return to the owner what is snatched from him
even if he does not demand it. What is borrowed must be returned to the owner when it
1 Tirmidhi # 2167, Abu Dawud # 5003, Musnad Ahmad 4-221.
2 Abu Dawud # 3531, Nasa'i # 461, Musnad Ahmad 5-13.
3 Tirmidhi # 1270, Abu Dawud # 3561, Ibn Majah # 2400, Darimi # 2596, Musnad Ahmad 5-8.

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becomes returnable at the expiry of the period of borrowing. What is placed with anyone as
a trust must be returned when it is demanded though it is not wajib (obligatory) to return it
before demand.
DAMAGE TO PLANTS BY SOMEONE'S ANIMAL
(٢٩٥١) وَعَنْ حَرَامِ بْنِ سَعْدٍ بُنِ مُحَيَّصَة آَكَّ نَاقَةً لِلْبَرَاءِ بْنِ عَازِبٍ دَخَلَتُ حَائِطًا فَاقْسَدَتْ فَقَفِى رَسُوْلُ
اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمِ آَّ عَلَى أَهْلِ الْحَوَائِطِ حِفْظَهَا بِالثَّهَارِ وَأَثَّ مَا أَفْسَدَتِ الْمَوَاشِئُ بِاللَّيْلِ ضَامِنْ
عَلى اَهْلِھا۔ (رواه مالك وابوداود وابن ماجة)
2951. Sayyiduna Haraam ibn Sa'd ibn Muhayyisah så +, narrated that a she camel
of Sayyiduna Bara ibn Azib & a +, went into a garden and caused some damage.
Allah's Messenger yle à o passed judgement that the owners of the garden are
responsible to guard it during the day, and that if the animals cause any damage
during the night, the responsibility rests on their owners.1
COMMENTARY: The owner of the animal must pay damage for his animal's intrusion and .
mischief in the garden during the night. As for day time, the garden must be looked after
by its owner and the animal's entry prevented. In spite of that, if the animal's owner is with
it in the day time then he will be responsible for his animals doings whether it causes loss
with its legs or with its month.
This is what Imam Maalik andes, and Imam Shafi'I ales, hold. The Hanafi's contention is
that if the animal's owner is not with it then damages are not on him whether it is during
day or during night.
(٢٩٥٢) وَعَنْ أَبِي هُرَيُرَةَ ◌ََّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ الرِّجُلُ جُبَارٌ وَقَالَ النَّارُ جُبَارٌ - (رواه ابوداؤد)
2952. Sayyiduna Abu Hurayrah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said,
"The treading on (something) of the foot is forgiven." And, he said, "Burning of the
fire is forgiven."2
COMMENTARY: No demand is made on an animal's owner if it crushes and, ruins
something with its feet provided he is not with it at that time.
If anyone kindles fire for his need with no intention to hurt anyone and a spark of fire
lands on another's property burning it down then he is not responsible in any way
provided it is not breezy at that time. However, it he kindles the fire when the wind blows
and causes it to spared then he will be made to pay damages.
MILK OF ANOTHER'S ANIMAL
(٢٩٥٣) وَعَنِ الْحُسَنِ عَنْ سَهُرَةَ ◌َّ النَّبِىَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ إِذَا أَتَى أَحَدُكُمُ عَلَى مَاشِيَّةٍ فَإِنْ كَانَ
فِيْهَا صَاحِبُهَا فَلْيَسْتَأْذِنْهُ وَإِنْ لَمْ يَكُنُ فِيْهَا فَلْيُصَوّتُ ثَلَاثًا فَإِنْ أَجَابَهُ أَحَدْ فَلْيَسْتَأْذِنْهُ وَإِنْ لَمُ يُحِبُهُ
اَحَدْ قَلْيَحْتَلِبٌ وَلُشْرَبُ وَلَا يَحْمِلُ- (رواه ابوداؤد)
1 Abu Dawud # 3569, Ibn Majah # 2332, Muwatta Maalik # 37 (Al-Aqdiyah), Musnad Ahmad 5-436.
2 Abu Dawud # 4592, Ibn Majah # 2676.

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2953. Sayyiduna Hasan al-, narrated on the authority of Sayyiduna Samurah 4edno,
that the Prophet صلى الله عليه وسلم said, "when one of you comes upon (milk yielding)
animals and their owner is present there, he must get his permission (to drink their
milk). And, if he is not there, then he must call three times and if anyone responds, he
must get his permission. If no response is had, then he may draw some milk (only to
quench his thirst for it) and drink it, but he must not carry any milk (with him)."1
COMMENTARY: This hadith applies to one who is in dire need of some food.
FRUIT FROM ANOTHER'S GARDEN
(٢٩٥٤) وَعَنِ ابْنِ حُمَرَ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ دَخَلَ حَائِمًا فَلْيَأْكُلُ وَلَا يَتَّخِذُ خُبْنَةٌ - رَوَاءُ
التِّرْ مِذِىُّ وَابْنُ مَاجَةً وَقَالَ التِّزْ مِذِىُّ هُذَا حَدِيْثْ غَرِيُبُ.
2954. Sayyiduna Ibn Umar رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "He who
goes into (someone's) garden may eat (its fruit), but not take anything in his clothing."2
COMMENTARY: This is not a permission for everyone to eat from other people's property.
Rather, like the previous hadith it gives permission to anyone driven by. hunger and
compulsion. Or, it applies to garden where it is not necessary to get the owner's permission.
BORROWED THINGS ARE RETURNABLE
(٢٩٥٥) وَعَنْ أُمَيَّةَ بْنِ صَفْوَاتَ عَنْ أَبِهِ أَشَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ اسْتَعَارَ مِنْهُ آدْرَاعَةُ يَوْمَ حُنَيْنٍ
فَقَالَ اغَضْبًّا یَامُحَمَّدُ قَالَ بَلْ عَارِیَةً مَضْمُوْنَةً-(رواه ابوداؤد)
2955. Sayyiduna Umayyah ibn Safwan wan+, said that his father (Safwan who had
صلى الله عليه وسلم not embraced Islam when this took place) narrated that the Prophet
borrowed from him (several) coats of nail on the day of Hunayn. He asked, 'O
Muhammad, do you take them by force?" He said, "Rather, I borrow them on
assurance of returning them."3
COMMENTARY: At the time of the Battle of Hunayn, Safwan had not embraced Islam. So
he put that question in a rude manner. Later, he become a Muslim can+).
Sayyiduna Shurayh, Nakh'ee, Sufyan Thawri, Imam Abu Hanifah &mus, say that whatever
is borrowed is a trust with the borrower. If it is wasted or damaged then it is not wajib
(obligatory) to replace it. But if the borrower is negligent and he is responsible for wasting it
deliberately then it is wajib (obligatory) on him to replace that thing. However, Sayyiduna
Ibn Abbas رضى الله عنه Sayyiduna Abu Hurayrah رضى الله عنه Imam Shafi'I رحمه الله and Imam Ahmad
an , hold that it is wajib (obligatory) on the borrower to pay the price of what he had
borrowed and is damage (while in his possession). This is why they translate the word
".returning them) as 'will be replaced ... ) (مقمونة)
WAJIB (OBLIGATORY) TO RETURN WHAT IS BORROWED
(٢٩٥٦) وَعَنْ أَبِيْ أُمَامَةً قَالَ سَمِعْتُ رَسُولَ اللّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ يَقُولُ اَلْعَارِيَةُ مُؤَدَّةٌ وَالْمِنْحَةُ مَرُدُودَةٌ
1 Abu Dawud # 2619, Tirmidhi # 1300.
2 Tirmidhi # 1291, Ibn Majah # 2301.
3 Abu Dawud # 3562, Musnad Ahmad 6-465.

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وَالدَّيْنُّ مَقْفِئٌ وَالزَّعِمُ غَارِمٌ- (رواه الترمذى وابوداؤد)
صلى narrated that he heard Allah's Messenger رضى الله عنه Sayyiduna Abu Umamah .2956
jule à say, "what is borrowed must be repaid, a minhah must be returned, a debt
must be cleared and the guarantor is responsible."1
FRUIT THAT DROPS FROM TREES
(٢٩٥٧) وَعَنْ رَافِعِ بْنِ عَمْرٍ وبْنِ الْخِفَارِيِّ قَالَ كُنْتُ غُلَامًا آَرُبِئْ تَخْلَ الْانْصَارِ فَأَقِ بِي النَّبِىِّ صَلَّى اللهُ عَلَيْهِ
وَسَلَّمَ فَقَالَ يَا غُلَامُ لِمَ تَرِْىَ النَّخْلَ قُلْتُ أَكُلُ قَالَ فَلاَتَرْمِ وَكُلُ مِمَّا سَقَطَ فِي أَسْفَلِهَا ثُمَّ مَسَخَّ رَأْسَهُ فَقَالَ
اللّهُوَّ أَشْبِعُ بَطْنَه- (رواه الترمذى وابوداود وابن ماجة)
2957. Sayyiduna Rafi' ibn Amr al Ghifari als, narrated that when he was a boy he
threw stones at palm trees belonging to the ansar. He was (caught by them and)
taken to the Prophet صلى الله عليه وسلم who asked, "O boy, why do you throw stones at the
palm. Trees?" He said, "To eat something (that drops)." He said, "Do not throw
stones. But, eat what falls down (the trees)." Then he stroked his head and prayed.
"O Allah, satiate his belly."2
COMMENTARY: Allamah Teebi alas, said that if Sayyiduna Rafi was pressed by hunger,
the prophet صلى الله عليه وسلم would not have forbidden him to pluck fruit from the trees.
وَسَتَذْكُرُ حَدِيْثَ عَمْرِو بْنِ شُعَيْبٍ فِ بَابِ الُّقُطَةِ إِنْ شَاء اللَّهُ تَعَالى
We shall mention the hadith of Sayyiduna Amr ibn Shu'ayb As an>> in the chapter of al-
Luqtah (zballt) - finds, insha Allah Ta'ala (hadith # 3036).
SECTION III
الْفَضِلُ الثَّالِثُ
WRONG APPROPRIATION OF PIECE OF LAND
(٢٩٥٨) عَنُ سَالٍِ عَنْ آَيْءٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ أَخَذَ مِنَ الْأَرْضِ شَيْئًّا بِغَيْرِ حَقِّه .
خُسِفَ بِهِ يَوْمَ الْقِيَامَةِ إِلى سَبُع آرضِيْنَ-(رواه البخارى)
2958. Sayyiduna Saalim aus, narrated on the authority of his father that Allah's
Messenger صلى الله عليه وسلم said, "If anyone takes any land (belonging to some others)
without possessing a right (over it) then he will be swallowed up seven earths deep
on the day of resurrection."3
(see hadith 2938)
(٢٩٥٩) وَعَنْ يَعْلِى بْنِ مُرَّةً قَالَ سَمِعْتُ رَسُولَ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ يَقُولُ مَنْ آَخَذَ ارُضًّا بِغَيْرٍ حَقِّهَا
كُلِفَ أَنْ يَحْمِلَ تُرَابَهَا الْمَحْشَرَ - (رواه احمد)
·
1 Tirmidhi # 1269, Abu Dawud # 3565, Ibn Majah # 2398, Musnad Ahjmad 5-267.
2 Tirmidhi # 1292, Abu Dawud # 2622, Ibn Majah # 2299, Musnad Ahmad 6-31.
3 Bukhari # 2454, Musnad Ahmad 2-99.