Book 11: Business Transactions

Sa'id b. Zaid reported the Prophet (ﷺ) as saying, “If anyone makes barren land fertile it belongs to him, but no right pertains to one who plants wrongfully in land another has brought into cultivation*”. Ahmad, Tirmidhi and Abu Dawud transmitted it, and Malik transmitted it in mursal form on the authority of ‘Urwa. Tirmidhi said this is a hasan gharib tradition. *'Irq zalim, the literal translation would be “a wrongful root.” The translation given above represents the general sense of the phrase.

Abu Hurra ar-Raqashi on his paternal uncle’s authority reported God’s Messenger as saying, “You must not act oppressively, and a man’s property may not be taken except with his goodwill.” Baihaqi transmitted it in Shu'ab al-iman and Daraqutni in al-Mujtaba.

‘Imran b. Husain reported the Prophet (ﷺ) as saying, “Having someone to urge on a horse from behind in a race, having a horse beside the one that is being ridden in a race to which the rider may transfer¹, and giving a woman in marriage in return for another without dowry² are not allowed in Islam, and he who plunders does not belong to us.” Tirmidhi transmitted it. 1. Ia jalaba wala janaba. One meaning of the phrase is that expressed in the translation, and is most likely to be the one intended here. Another meaning is that a collector of zakat must notdem and that animals be brought to him from a distance, and people must not remove their animals to a distance when they hear that the zakat collector is coming to them. Cf. p. 375. 2. Shighar.

As-Sa’ib b. Yazid on his father’s authority reported the Prophet (ﷺ) as saying, “None of you must take his brother’s staff jestingly with the intention of causing annoyance. Anyone who takes his brother’s staff must return it to him.” Tirmidhi and Abu Dawud transmitted it, the latter’s version ending at “causing annoyance.”

Samura reported the Prophet (ﷺ) as saying, “If anyone finds his actual property with someone he has most right to it, and the buyer must sue the one who made the sale.” Ahmad, Abu Dawud and Nasa’i transmitted it.

He reported the Prophet (ﷺ) as saying, “The hand which takes is responsible till it pays.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

Haram b; Sa‘d b. Muhayyisa said that when a she-camel belonging to al-Bara’ b. ‘Azib entered a garden and did damage, God’s Messenger gave decision that the owners of gardens are responsible for guarding them by day, but that any damage done by animals during the night is a responsibility lying on their owners. Malik, Abu Dawud and Ibn Majah transmitted it.

Abu Huraira reported the Prophet (ﷺ) as saying that no recompense may be demanded if a foot is trodden on*, and that the same applies in the case of fire. Abu Dawud transmitted it. * Or it may mean that no recompense may be demanded if one is kicked by an animal.

Al-Hasan on Samura’s authority reported the Prophet (ﷺ) as saying, “When any of you comes upon animals whose owner is among them he must ask his permission; if not he must call three times and if anyone answers him he must ask his permission; but if no one answers him he may draw some milk and drink, but not carry any away.” Abu Dawud transmitted it.

Ibn ‘Umar reported the Prophet (ﷺ) as saying, “If anyone enters a garden he may eat, but he must not take anything away in his clothing.” Tirmidhi and Ibn Majah transmitted it, Tirmidhi saying this is a gharib tradition.

Umayya b. Safwan quoted his father as saying that at the battle of Hunain the Prophet (ﷺ) borrowed his coats of mail and he asked, “Are you taking them by force, Muhammad ?” to which he replied, “No, it is a loan with a guarantee of their return.'’ Abu Dawud transmitted it.

Abu Umama told of hearing God's Messenger say, “A loan must be paid back, a minha* must be returned, a debt must be discharged, and one who stands surety is held responsible.” Tirmidhi and Abu Dawud transmitted it. *This may be a she camel lent for a time for milking, but it can be used of other things which are lent for some specific purpose.

Rafi' b. 'Amr al-Ghifari said: When I was a boy I used to throw stones at the palm-trees belonging to the Ansar and was brought to the Prophet. He asked, “Why do you throw stones at the palm-trees, boy?” and when I replied that it was to get something to eat he said, “Do not' throw stones, but you may eat anything that falls below them.” Then passing his hand over my head he said, “O God, fill his belly.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.