Business Transactions

The Messenger of Allah (sallallahu alayhi wa sallam) said:, “No one has ever eaten better food than what he eats as a result of the labour of his hands. God’s prophet David used to eat from what he had worked for with his hands.”

God is good and accepts only what is good, and He has given the same command to the believers as He has given to the Messengers, saying, “0 Messengers, eat of what is good and act righteously” (Al-Mu’minun 23:51) and also, “You who believe, eat of the good things which We have provided for you” (Al-Baqarah 2:172). Then he mentioned a man who makes a long journey in a dishevelled and dusty state, who stretches out his hands to heaven saying, “My Lord, my Lord,” when his food, drink and clothing are of an unlawful nature, and he is nourished by what is unlawful, and asked how such a one could be given an answer.

He reported God’s Messenger as saying, “A time will come to mankind when a man will not care whether what he gets comes from a lawful or an unlawful source.”

The Messenger of Allah (sallallahu alayhi wa sallam) said:, “What is lawful is clear and what is unlawful is clear, but between them are certain doubtful things which many people do not recognize. He who guards against doubtful things keeps his religion and his honour blameless, but he who falls into doubtful things falls into what is unlawful, just as a shepherd who pastures his animals round a preserve will soon pasture them in it.

Every king has a preserve, and God’s preserve is the things He has declared unlawful. In the body there is a piece of flesh, and the whole body is sound if it is sound, but the whole body is corrupt if it is corrupt. It is the heart.”

Rafi ibn Khadij reported God’s Messenger as saying, “The price paid for a dog is impure, the hire paid to a prostitute is impure, and the earnings of a cupper are impure.”

God’s Messenger forbade the price paid for a dog, the hire paid to a prostitute, and the gift given to a soothsayer.

The Prophet (sallallahu alayhi wa sallam) forbade the price paid for blood1, the price paid for a dog, and the earnings of a prostitute, and cursed him who accepted and him who paid usury, him who tattooed and him who had himself tattooed, and the sculptor2. Bukhari transmitted it. 1. This refers to the blood of an animal. 2. Musawwir. The meaning is more comprehensive than any English word. It also means “painter”, or anyone who produces representations of living beings.

Jabir said he heard God’s Messenger say in the year of the Conquest when he was in Mecca, “God and His Messenger have declared forbidden the sale of wine, animals which have died a natural death, swine and idols.”

He was asked what he thought of the fat of animals which had died a natural death, for it was used for caulking ships, greasing skins, and making oil for lamps, and after saying that it was unlawful he added, “God curse the Jews! When He declared the fat of such animals unlawful they melted it, then sold it and enjoyed the price they received. ‘.’”

Umar reported God’s Messenger as saying, “God curse the Jews! Fats were declared unlawful for them, but they melted them and sold them.”

Jabir said the God’s Messenger forbade payment for dogs and cats.

Abu Taiba cupped God’s Messenger and he ordered that sa of dates be given him, also ordering his people to remit some of his dues.* * Abu Taiba was a client of the B. Haritha. It was the custom for a slave to hand over to his master part of what he earned. Here the Prophet (sallallahu alayhi wa sallam) suggests that the masters of Abu Taiba should reduce the amount they took from him.

the children are the result of marriage, and parents who are in need may receive support from their children.

Abdallah ibn Masud reported God’s Messenger as saying, “No man who acquires unlawful property and gives some of it in alms will have it accepted from him; neither will he receive a blessing for it if he con-tributes some of it; and if he leaves some of it behind him (i.e. when he dies) it will be his provision for hell. God does not obliterate an evil deed by an evil one, but He obliterates an evil deed by a good one. What is impure does not obliterate what is impure.”

Jabir reported God’s Messenger as saying, “Flesh which has grown out of what is unlawful will not enter paradise*, but hell is more fitting for all flesh which has grown out of what is unlawful.” Ahmad, Darimi, and Baihaqi, in Shuab al-iman, transmitted it. *The reference here is to people who live on unlawful source of income.

I have retained in my memory these words of God’s Messenger, “Leave what causes you doubt and turn to what does not cause you doubt. Truth is tranquility, but falsehood is doubt.” Ahmad, Tirmidhi and Nasai transmitted it, and Darimi transmitted the first part.

Wabisa ibn Mabad reported God’s Messenger as saying, “Have you come to ask about righteousness and sin, Wabisa?” When he replied that he had, he joined his fingers and striking his breast with them said, “Ask yourself for a decision, ask your heart for a decision (saying it three times). Righteousness is that with which the soul is tranquil and the heart is tranquil, but sin is that which rouses suspicion in the soul and is perplexing in the breast, even if people give you a decision in its favour.”

Atiya as-Sadi reported God’s Messenger as saying, “No one will attain to being one of the pious till he abandons things which are harmless through being on his guard against what is harmful.”

the wine-presser, the one who has it pressed, the one who drinks it, the one who conveys it, the one to whom it is conveyed, the one who serves it, the one who sells it, the one who benefits from the price paid for it, the one who buys it, and the one for whom it is bought.

The Messenger of Allah (sallallahu alayhi wa sallam) said:, “God has cursed* wine, its drinker, its server, its seller, its buyer, its presser, the one for whom it is pressed, the one who conveys it and the one to whom it is conveyed.” Abu Dawud and Ibn Majah transmitted it. * This might equally well be translated “God curse…” as the perfect expresses both past time and a wish.

Muhayyisa said he asked permission of God’s Messenger regarding the hire of the cupper, but he forbade him. He kept on asking his permission, and at last he said, “Feed your watering-camel with it and feed your slaves with it.”* Malik, Tirmidhi, Abu Dawud and Ibn Majah transmitted it. * Ibn Abd al-Barr (Istiab, p. 286) says Muhayyisa had a slave called Nafi Abu Taiba who was a cupper.

On p. 654 he says the name of Abu Taiba was Dinar, or Nafi, or Maisara, but God knows best. In this tradition Muhayyisa is told that he may not apply to his private use anything earned by his slave for cupping.

Abu Hurayrah said God’s Messenger prohibited payment for a dog and the earnings of the prostitute*. * Zammara. This word is said by a number of authorities to mean a prostitute, but it can also mean a woman who plays the oboe (mizmar). It is transmitted in Sharh as-sunna.

“Do not sell, buy or teach singing-girls, and the price paid for them is unlawful. To similar effect has been sent down, ‘Among men are those who purchase frivolous talk’ (Luqman 31:6). Ahmad, Tirmidhi and Ibn Majah transmitted it, Tirmidhi saying that this is a gharib tradition and that Ali ibn Yazid the transmitter is declared to be a weak traditionist.”

Abdallah ibn Masud reported God’s Messenger as saying, “Trying to earn a lawful livelihood is an obligatory duty in addition to the duties which are obligatory.” Baihaqi transmitted it in Shuab al-iman.

Ibn Abbas was asked about payment for writing a copy of the Qur’an and replied, “There is no harm. They are just people who draw figures and get a living simply by their handiwork.” Razin transmitted it.

Rafi ibn Khadij said God’s Messenger was asked what type of earning was best and replied, “A man’s work with his hand and every business transaction which is approved.”

Miqdam ibn Madikarib had a slave girl who sold milk the price of which was taken by Miqdam. Some people said, “Glory be to God! Do you sell milk and accept what is paid for it?” He replied that he did, and asked what harm there was in that, for he had heard God’s Messenger say, “A time is certainly coming to mankind when only the dinar and the dirham will be of use.”

Nafi said he used to fit out business expeditions to Syria and to Egypt. Having fitted out one to ‘Iraq he went to Aishah, the mother of the faithful, and told her that he had been accustomed to fit out expeditions to Syria, and now he had done so to ‘Iraq.

She told him not to do so, asking him what was the matter with the place with which he had traded, for she had heard God’s Messenger say, ‘When God has appointed provision for any of you in a particular direction he should not give it up till it changes for the worse.’* Ahmad and Ibn Majah transmitted it. * Alternatives are given for this last phrase.

They amount to the same thing, and so it may be understood that there was doubt as to which word was used. It reads hatta yataghayyara lahu au yatanahhara lahu. But it has been suggested that the first verb refers to lack of profit and the second to loss of capital. Cf. Mirqat, iii, 299.’’

Abu Bakr had a slave who brought him his earnings and Abu Bakr would eat* some of his earnings. One day he brought him something and when Abu Bakr had eaten some of it the slave asked him whether he knew what it was.

Abu Bakr asked what it was, and he replied, “I acted as a soothsayer for a man in the pre-Islamic period, and not being good at it, I deceived him; but he met me and gave me that, so this is the thing of which you have eaten.”

She said that Abu Bakr then put his hand in his mouth and vomited everything which was in his stomach. Bukhari transmitted it. * Here the word is used in its literal sense. Elsewhere the word is often translated by “enjoy when it is not clear that something is actually eaten.”

Abu Bakr reported God’s Messenger as saying, “Nobody which has been nourished with what is unlawful will enter paradise.” Baihaqi transmitted it in Shuab al-iman.

Umar ibn al-Khattab drank some milk which pleased him and asked the one who had given him the drink where he had got that milk from. He informed him that he had gone down to a watering-place which he named where there were some of the camels of the sadaqa. The people who were watering the camels had drawn some milk for him which he had put in his milk-skin, and that was what he had given him. Umar then put his hand in his mouth and vomited it. Baihaqi transmitted it in Shuab al-iman.

If anyone buys a garment for ten dirhams among which is one unlawfully acquired, God most high will not accept prayer from him as long as he wears it. He then put a finger in each ear and said, “May they become deaf if the Prophet (sallallahu alayhi wa sallam) was not the one I heard say it!” Baihaqi transmitted it in Shuab al-iman, saying that its isnad is weak.

The Messenger of Allah (sallallahu alayhi wa sallam) said:, “God show mercy to a man who is kindly when he sells, when he buys, and when he makes a claim!”

Hudhayfah reported God’s Messenger as saying, “Before your time there was a man to whom the angel came to take his spirit, and he was asked whether he had done anything good.

On his replying that he did not know, he was told to consider, and then said that the only thing he knew was that he used to have business dealings with people in the world and would demand his rights from them, giving the rich time to pay and letting the poor off. So God brought him into paradise.” In a version by Muslim there is something similar on the authority of Uqbah ibn Amir and Abu Masud al-Ansari. God said, “I have more right to do this than you. Forgive my servant.”

Abu Qatadah reported God’s Messenger as saying, “Avoid much swearing while transacting business, for it produces a ready sale then blots out the blessing.”

Abu Hurayrah said he heard God’s Messenger say, “Swearing produces a ready sale for a commodity, but blots out the blessing.”

The Prophet (sallallahu alayhi wa sallam) said:, “There are three to whom God will not speak on the day of resurrection, at whom He will not look, and whom He will not declare pure, and they will have a painful punishment.”

Abu Dharr said, “They are losers and disappointed. Who are they, Messenger of God?” He replied, “The one who wears a trailing robe, the one who takes account of what he gives*, and the one who produces a ready sale of a commodity by false swearing.” Muslim transmitted it. * This is the type of person who keeps reminding people of his generosity to them.

The Messenger of Allah (sallallahu alayhi wa sallam) said:, “The truthful and trusty merchant is associated with the prophets, the upright, and the martyrs.” Tirmidhi, Darimi and Daraqutni transmitted it, and Ibn Majah transmitted it on the authority of Ibn Umar Tirmidhi said this is a gharib tradition.

In the time of God’s Messenger we used to be called brokers, but God’s Messenger came upon us one day and called us by a better name than that, saying, “Company of merchants, unprofitable speech and swearing have a place in business dealing, so mix it with sadaqa. Abu Dawud, Tirmidhi, Nasai and.”

Ubaid ibn Rifaa on his father’s authority reported the Prophet (sallallahu alayhi wa sallam) as saying, “The merchants will be raised up on the day of resurrection as evildoers, except those who fear God, are honest and speak the truth.” Tirmidhi, Ibn Majah and Darimi transmitted it, and Baihaqi transmitted it in Shuab al-iman on the authority of al-Bara. Tirmidhi said this is a hasan sahih tradition.

The Messenger of Allah (sallallahu alayhi wa sallam) said:, “Both parties in a business transaction have a right to annul it so long as they have not separated, except in transactions which have been made subject to the right of the parties to annul them.” The version by Bukhari and Muslim has “or one of them tells the other to exercise his right” instead of “or exercise the right.” (Bukhari and Muslim.) A version by Muslim says, “Both parties in a business transaction have a right to annul the bargain so long as they have not separated, or when their bargain has attached to it the right to annul it, for when such a condition has been made it remains valid.” A version by Tirmidhi says, “The two parties in a business transaction have a right to annul it so long as they have not separated, or exercise the right.”

Hakim ibn Hizam reported God’s Messenger as saying, “Both parties in a business transaction have a right to annul it so long as they have not separated; and if they tell the truth and make everything clear they will be blessed in their transaction, but if they conceal anything and lie the blessing on their transaction will be blotted out.”

A man told the Prophet (sallallahu alayhi wa sallam) that he was being deceived in business transactions, and he replied, “When you make a bargain say, ‘There is no attempt to deceive’*.” Then the man made a habit of saying that. (Bukhari and Muslim.) * He was to say this to protect himself because he was not expert enough to detect defects in what he was buying.

Some hold that one who says this has the right to cancel the transaction if any defect is discovered within three days. Some say this applied only to the man who spoke to the Prophet (sallallahu alayhi wa sallam); others say it applies to anyone.

Amr ibn Shuaib, on his father’s authority, said that his grandfather reported God’s Messenger as saying, “Both parties in a business transaction have a right to annul it so long as they have not separated unless it is a bargain with the right to annul it attached to it; and one has not the right to separate from the other for fear that he may demand that the bargain be rescinded.” Tirmidhi, Abu Dawud and Nasai transmitted it.

The Prophet (sallallahu alayhi wa sallam) said:, “Two people must separate only by mutual consent.”

Jabir told that God’s Messenger gave a desert Arab the right to rescind a bargain after having made it.

God’s Messenger cursed the one who accepted usury, the one who paid it, the one who recorded it, and the two witnesses to it, saying they were all alike.

Ubada b. as-Samit reported God’s Messenger as saying, “Gold is to be paid for by gold, silver by silver, wheat by wheat, barley by barley, dates by dates, and salt by salt, like for like and equal for equal, payment being made on the spot. If these classes differ, sell as you wish if payment is made on the spot.”

Abu Said al-Khudri reported God’s Messenger as saying, “Gold is to be paid for by gold, silver by silver, wheat by wheat, barley by barley, dates by dates, and salt by salt, like for like, payment being made on the spot. If anyone gives more or asks more he has dealt in usury. The receiver and the giver are equally guilty.”

He reported God’s Messenger as saying, “Do not sell gold for gold unless it is like for like, and do not make one amount greater than the other; do not sell silver for silver unless it is like for like, and do not make one amount greater than the other; and do not sell for ready money something to be given later*.” A version has, “Do not sell gold for gold or silver for silver unless both are of equal weight.” (Bukhari and Muslim.) * Payment is not to be made till the goods are received.

Mamar ibn Abdallah told that he used to hear God’s Messenger say, “Food for food, like for like.”

Umar reported God’s Messenger as saying, “Gold for gold is usury unless both hand over on the spot*; silver for silver is usury unless both hand over on the spot; wheat for wheat is usury unless both hand over on the spot; barley for barley is usury unless both hand over on the spot; dates for dates is usury unless both hand over on the spot.” (Bukhari and Muslim.) *the Arabic is ha waha meaning literally “take and take”.

Abu Said and Abu Hurayrah told that God’s Messenger appointed a man over Khaibar and he brought him dates of a very fine quality. He asked him whether all the dates of Khaibar were like that, and he replied, “I swear by God that they are certainly not, Messenger of God. We take a sa of this kind for two, and two for three.” So he said, “Do not do so. Sell the lot for dirhams, then buy the very fine dates for dirhams.” He said that it was the same when things were sold by weight.

Bilal brought the Prophet (sallallahu alayhi wa sallam) some bani* dates, and when he asked him where he had got them he replied, “I had some inferior dates, so I sold two sa’s of them for a sa.” He said, “Ah, the very essence of usury, the very essence of usury. Do not do so, but when you wish to buy, sell the dates in a separate transaction, then buy with what you get.” (Bukhari and Muslim.) * A type of dates of the best quality, sweet and luscious, red tinged with yellow.

Jabir told that a slave came and swore allegiance to the Prophet (sallallahu alayhi wa sallam) promising to emigrate, but he did not know that he was a slave. When his master came in search of him the Prophet (sallallahu alayhi wa sallam) said to him, ‘Sell him to me,’ and he bought him for two black slaves. Afterwards he never took an oath of allegiance from anyone without asking him whether he was a slave or free.

He said that God’s Messenger forbade selling a quantity of dates whose measure was unknown for a specific quantity of dates.

At the battle for Khaibar he had bought a necklace in which there were gold and gems for twelve dinars, and after considering them separately he found that it was worth more than twelve dinars, so he mentioned that to the Prophet (sallallahu alayhi wa sallam) who said, “It must not be sold till the contents are considered separately.” Muslim transmitted it. * The Damascus edition, iii, 308 and Mirqat, iii, 311 wrongly give Abu Ubaid, but in the commentary Mirqat gives the name correctly as Fadalah ibn Ubayd.

The Messenger of Allah (sallallahu alayhi wa sallam) said:, “A time is certainly coming to mankind when only the receiver of usury will remain, and if he does not receive it some of its vapour (or alternatively, its dust) will reach him.”

Ubada b. as-Samit reported God’s Messenger as saying, “Do not sell gold for gold, or silver for silver, or wheat for wheat, or barley for barley, or dates for dates, or salt for salt except equal for equal, kind for kind, payment being made on the spot; but sell gold for silver, silver for gold, wheat for barely, barley for wheat, dates for salt and salt for dates, payment being made on the spot, as you wish.” Shafii transmitted it.

Sad ibn Abu Waqqas said he heard God’s Messenger being asked about buying dry dates for fresh and asking whether the fresh dates were diminished when they became dry. On being told that they were, he forbade that. Malik, Tirmidhi, Abu Dawud, Nasai and.

Said b. al-Musayyib told in mursal form that God’s Messenger forbade the sale of meat for animals1. Said said it was connected with the maisir2 of the people of pre-Islamic times. It is transmitted in Sharh as-sunna. 1. i.e. meat sold in exchange for living animals. 2. A game of chance played with arrows for parts of a camel. The type of transaction mentioned in the tradition is evidently considered to contain something in the nature of a gamble.

Samurah ibn Jundub told that the Prophet (sallallahu alayhi wa sallam), forbade selling animal for animals when payment was to be made at a later date. Tirmidhi, Abu Da.wud, Nasai.

Abdallah ibn Amr b. al-‘As told that the Prophet (sallallahu alayhi wa sallam) commanded him to equip an army, but when the camels were insufficient he commanded him to keep back the young camels of the sadaqa, and he was taking a camel to be replaced by two when the camels of the sadaqa came.’

The Prophet (sallallahu alayhi wa sallam) said:, “Credit involves usury.” In a version he said, “There is no usury when payment is made on the spot.”

Abdallah, son of Hanzala who was washed by the angels*, reported God’s Messenger as saying, “A dirham which a man knowingly receives in usury is more serious than thirty-six acts of fornication”. Ahmad and Daraqutni transmitted it. * Hanzala was killed at the battle of Uhud. The dead were buried without being washed, and as Hanzala is reputed to have been in a state of ceremonial impurity at the time, his family were anxious; so the Prophet (sallallahu alayhi wa sallam) told them he had been washed by the angels.

He is commonly called al-ghasil. In the text above the phrase used is ghasil al-malaika. Baihaqi transmitted in Shuab al-iman on the authority of Ibn Abbas with the addition that he said, “Hell is more fitting for him whose flesh is nourished by what is unlawful.”

Abu Hurayrah reported God’s Messenger as saying, “Usury has seventy parts, the least important being that a man should marry his mother.” Ibn Majah and Baihaqi, in Shuab al-iman.

Ibn Masud reported God’s Messenger as saying, “Even though usury be much it leads in the end to penury.” Ibn Majah and Baihaqi, in Shuab al-iman, transmitted it, and Ahmad also transmitted it.

The Messenger of Allah (sallallahu alayhi wa sallam) said:, “On the night when I was taken up to heaven I came upon people whose bellies were like houses and contained snakes which could be seen from outside their bellies. I asked Gabriel who they were and he told me that they were people who had practised usury.”

Ali said he heard God’s Messenger curse those who took usury, those who paid it, those who recorded it, and those who refused to give sadaqa; and he used to prohibit wailing. Nasai transmitted it.

The last verse to be sent down was that on usury (Al-Baqarah 2:275) but God’s Messenger was taken without having expounded it to us; so leave aside usury and whatever is doubtful.

Anas reported God’s Messenger as saying, “When one of you makes a loan and the borrower sends him a present or provides an animal for him to ride, he must not ride the one or accept the other unless it is a practice they followed previously.” Ibn Majah and Baihaqi, in Shuab al-iman, transmitted it.

He reported the Prophet (sallallahu alayhi wa sallam) as saying, “When a man makes a loan to another he must not accept a present.”

I came to Medina and met Abdallah ibn Salam who said, “You are in a land in which usury is common, so when anyone owes you anything and presents you with a load of straw, or a load of barley, or a rope of lucerne grass, do not accept it for it is usury.”

God’s Messenger forbade muzabana, which means that a man sells the fruit of his garden, if it consists of palm trees*, for dried dates by measure; or if it consists of grapes, for raisins by measure; or (Muslim has “and if”) it is corn, he sells it for a measure of corn. He forbade all that. A version by both of them tells that he forbade muzabana, which means that the fruit on the palm-trees is sold for a specified measure of dates, the seller profiting if it is greater and losing if it is less. (Bukhari and Muslim.) * Explained as meaning fresh dates.

God’s Messenger forbade mukhabara, muhaqala and muzabana. Muhaqala means that a man sells a sown field for a hundred faraqs (3 sa’s) of wheat; muzabana that he sells the dates on the palm-trees for a hundred faraqs and mukharaba is renting land for a third and a quarter of the produce.

He said that God’s Messenger forbade muhaqala, muzabana, mukhabara, muawama (Selling a year’s harvest before the crop has grown, or selling the fruit on one’s palm-trees two or three years ahead.) and thunya (An exception the amount of which is not accurately known.), but gave licence for ‘araya (Plural of ‘ariya. A palm-tree assigned by its owner to another who is in need, for him to eat its fruit for a year. It is said that a poor man who had no money to buy fresh dates might buy the fruit on a palm-tree for dry dates.)’’

God’s Messenger forbade the sale of fruit for dried dates but gave licence regarding the ariya for its sale on the basis of a calculation of what the dates would be when dry, yet those who bought them could eat them when fresh.

Abu Hurayrah said God’s Messenger gave licence regarding the sale of ‘araya for a computation of their amount when dry, provided they were less than five wasqs*, or amounted to five wasqs. Dawud b. al Husain was doubtful (Bukhari and Muslim.) *(wasq is a camel load=60 sa’s)’

Abdallah ibn Umar said that God’s Messenger forbade the sale of fruits till they were clearly in good condition, forbidding it both to the seller and to the buyer. A version by Muslim says he forbade selling palm-trees (i.e. their fruit) till the dates began to ripen, and ears of corn till they were white and were safe from blight.

when God keeps back the fruit, why should any of you take his brother’s property?

God’s Messenger forbade selling fruit years ahead, and commanded that unforeseen loss be remitted in respect of what is affected by blight.

He reported God’s Messenger as saying, “If you were to sell something to your brother and it was smitten by blight it would not be allowable for you to take anything from him. Why should you take your brother’s property unjustly?”

Ibn Umar said they used to buy grain in the upper part of the market and sell it in the same spot, but God’s Messenger forbade them to sell it there before removing it. Abu Dawud transmitted it. I have not found it in the two Sahihs.

He reported God’s Messenger as saying, “If anyone buys grain he must not sell it till he has received it in full.” A version by Ibn Abbas has, “till he measures it out.”

Ibn Abbas said what the Prophet (sallallahu alayhi wa sallam) forbade was that grain should be sold before it had been received. Ibn Abbas said, “I do not think this applies to every commodity, but only to things of that type.”

he may keep them if he is pleased with them, and may return them along with a sa of dates if he is displeased with them. A version by Muslim has, “If anyone buys a sheep whose udder has been tied up he has three days in which to decide whether to keep it or not; but if he returns it he must return with it a sa of any grain but wheat.”2 (Bukhari and Muslim.) 1.

When agreement has obviously been reached, although the contract has not been confirmed, no one must step in and offer a higher price. 2. Samra. The full pharse is hinta samra, meaning “tawny wheat”; then the adjective is used by itself as a word for wheat.

He reported God’s Messenger as saying, “Do not go out to meet what is being brought.* * He may find he could have a higher price in the market, and so he has the right to cancel the deal.”

Ibn Umar reported God’s Messenger as saying, “Do not go out to meet merchandise, till it is brought down to the market.”

He reported God’s Messenger as saying, “One must not offer more than the amount agreed by his brother*, or ask a woman in marriage when his brother has done so, unless he permits him.” *i.e. when the parties have already agreed on a price.

Abu Hurayrah reported God’s Messenger as saying, “A man must not offer a price above that offered by his brother Muslim.”

Jabir reported God’s Messenger as saying, “A townsman must not sell for a man from the desert; if you leave people alone, God will give them provision from one another.”

God’s Messenger forbade two ways of dressing and two types of business transaction. He forbade mulamasa and munabadha in a business transaction. Mulamasa means that a man touches another’s garment with his hand, whether at night or by day, without turning it over any more than that involves. Munabadha means that a man throws his garment to another and the other throws his garment, that confirming their contract without inspection or mutual agreement.

One of the ways of dressing is the wrapping of the samma, which means that a man puts his garment over one of his shoulders so that one of his sides appears uncovered; the other is when a man wraps himself up in his garment while sitting in such a way that none of it covers his private parts.

God’s Messenger forbade a transaction determined by throwing stones1, and the type which involves some uncertainty2. Muslim transmitted it. 1. A type of transaction in which it is made binding when the buyer or the seller throws a stone; or in which a man agrees to sell to another all the commodities on which stones which he throws alight; or in which one agrees to sell another some land up to the distance to which he can throw a stone. 2.

Bai al-gharar. One might translate this ‘aleatory contracts of sale’, but this is not the only term to which that applies. The type of transaction intended is one in which there is no guarantee that the seller can deliver the goods for which he receives payment. It could include such items as selling a runaway slave, or fish which one has not caught, etc.

God’s Messenger forbade the transaction called habal al-habala which was one entered into in pre-Islamic times, whereby a man bought a she-camel which was to be the offspring of a she-camel which was still in its mother’s womb.

He said that God’s Messenger forbade a stallion’s covering.

God’s Messenger forbade hiring a camel to cover a she-camel and selling water and land to be tilled (This is really mukhabara).

He said that God’s Messenger forbade the sale of excess water.

Abu Hurayrah reported God’s Messenger as saying, “Excess water must not be sold for the purpose of having the herbage which grows from it sold.”

He said that God’s Messenger once came upon a heap of grain, and when he put his hand into it his fingers felt some dampness, so he asked the owner of the grain how that came about. On being told that rain had fallen on it he said, “Why did you not put the damp part on the top of the grain so that people might see it? He who deceives has nothing to do with me.”

God’s Messenger forbade making an exception unless it was explicit.

God’s Messenger forbade the sale of grapes till they became black and the sale of grain till it had become hard. Thus Tirmidhi and Abu Dawud transmitted it from Anas. The addition which is in al-Masabih, viz., his saying that he forbade the sale of dates till they became ripe, occurs only in their version from Ibn Umar who said that he forbade the sale of palm-trees till the fruit was ripe. Tirmidhi said this is a hasan gharib tradition.

Ibn Umar said the Prophet (sallallahu alayhi wa sallam) forbade selling a debt to be paid at a future date for another (This is allowing a man who cannot pay a debt when it is due to have an extension of the period in return for an additional sum payable; or when a man agrees to sell an article which someone owes him for money which someone else owes to the buyer. Daraqutni transmitted it.

Amr ibn Shuaib, on his father’s authority, said his grandfather told that God’s Messenger forbade the type of transaction in which earnest money was paid (An arrangement by which the earnest-money was treated as part of the price if the deal was completed but was retained if it was not completed).

Ali said God’s Messenger forbade a forced contract, one which involves some uncertainty, and the sale of fruit before it is ripe. Abu I Dawud transmitted it.

A man of Kilab asked the Prophet (sallallahu alayhi wa sallam) about hiring a stallion to cover a female and he forbade him; but when he said, “Messenger of God, we lend a stallion to cover a female and are given a present,” he gave him licence to accept a present.

Hakim ibn Hizam said God’s Messenger forbade him to sell anything which was not in his possession. Tirmidhi transmitted it. In a version by Abu Dawud and Nasai, he had said, “Messenger of God, a man comes to me and wants me to sell him something, but I do not have it and so I buy it for him from the market.” He replied, “Do not sell what you do not possess.”

or selling an article for a stated price on condition that the buyer sells article for a stated price. Malik, Tirmidhi, Abu Dawud and Nasai transmitted it.

Amr ibn Shuaib, on his father’s authority, said his grandfather told that God’s Messenger forbade two transactions in one bargain. It is transmitted in Sharh as-sunna.

He reported God’s Messenger as saying, “The proviso of a loan combined with a sale is not allowable, nor two conditions relating to one transaction, nor the profit arising from something which is not in one’s charge (An article belongs to the seller till the transaction is complete, and so long as it is still in his possession he is the one who gains any profit on it or bears any loss.

The buyer cannot claim profit till he is in possession of the article nor selling what is not in your possession. Tirmidhi, Abu Dawud and Nasai transmitted it, Tirmidhi saying this is a sahih tradition.”

Ibn Umar said he used to sell camels at an-Naqifor dinars and take dirhams for them, and sell for dirhams and take dinars for them. He went to the Prophet (sallallahu alayhi wa sallam) and mentioned that to him, and he replied, “There is no harm in taking them at the current rate so long as you do not separate leaving something still to be settled.” Tirmidhi, Abu Dawud, Nasai and.

This is what al-Adda ibn Khalid ibn Haudha brought from Muhammad, God’s Messenger. He bought from him a slave, or a slave woman, with no disease or wickedness, or anything unlawful*, a transaction between two Muslims. Tirmidhi transmitted it, saying this is a gharib tradition. * This might be bad character on the part of the slave or unlawful enslavement.

God’s Messenger offered for sale a saddle-cloth (woolen cloth placed on a camel under the pack-saddle), and a drinking-vessel, saying, “Who will buy this saddle-cloth and drinking- vessel?” A man offered to take them for a dirham and the Prophet (sallallahu alayhi wa sallam) asked whether anyone would give more. A man offered him two dirhams and he sold them to him.

Wathila b. al-Asqa told that he heard God’s Messenger say, “If anyone sells a defective article without drawing attention to it, he will remain under God’s anger,” or, “the angels will continue to curse him.”

Ibn Umar reported God’s Messenger as saying, “If anyone buys palm-trees after they have been fecundated the fruit belongs to the seller unless the buyer makes a proviso; and if anyone buys a slave who possesses property his property belongs to the seller unless the buyer makes a proviso.”

I was travelling on a camel of mine which had grown jaded when the Prophet (sallallahu alayhi wa sallam) passed by and struck it, with the result that it went as it had never done before.

He then said, “Sell it to me for a wuqiya*”. I agreed, but made the stipulation that I should be allowed to ride it home. Then when I came to Medina I took the camel to him and he paid me its price in ready money.

In a version he said, “He gave me its price and returned it to me.” In a version by Bukhari he said to Bilal, “Pay him and give something extra,” so he gave the money adding a qirat (A small coin, probably meaning here a sixteenth of a dirham). (Bukhari and Muslim.) *This and the more common form uqiya used below in the tradition from Aishah is an amount equivalent to forty dirhams.

What is the matter with people who make conditions which are not in God’s Book? Any condition which is not in God’s Book is worthless. Even if there are a hundred conditions, God’s decision is more valid and God’s condition is more binding. The right of inheritance belongs only to the one who has set a person free.

God’s Messenger forbade selling or giving away the right to inheritance from a manumitted slave.

I bought a slave and made him earn something for me, but afterwards I found a defect in him and so brought a case regarding him before Umar ibn Abd al-Aziz, who decided in my favour that I should return him, but against me that I should return what he had earned.

I therefore went to Urwa and informed him, and he replied that he would go that evening to him and tell him he had been informed by Aishah that God’s Messenger had given judgment in a similar case that any profit goes to the one who bears responsibility*. Urwa went to him, and he gave judgment in my favour that I should receive the profit from the one for whom he had given the decision against me. * al-Kharaj bid daman. After a sale any profit which accrues belongs to the buyer. It is transmitted in Sharh as-sunna.

Abdallah ibn Masud reported God’s Messenger as saying, “When two people who are arranging a business transaction disagree the decision rests with the seller, but the buyer has the right to choose whether he will confirm this*.” Tirmidhi transmitted it. In the version of Ibn Majah and Darimi he said, “When two people who are arranging a business transaction disagree, the commodity being present and is neither being able to prove his case, the decision rests with the seller, or they may both reject the transaction.” * The seller swears an oath to the effect that he is right.

The buyer may either agree or swear in an oath that he is right. In the latter instance the qadi cancels the deal.

Abu Hurayrah reported God’s Messenger as saying, “If anyone rescinds a sale with a Muslim, God will cancel his slip* on the day of resurrection.” * God will forgive his fault.

Abu Hurayrah reported God’s Messenger as saying, “A man of those who were before your time bought some real estate from another, and the buyer found in what he had bought a jar containing gold.

The buyer told the other to take his gold from him as he had bought from him only the property and had not bought the gold from him, but the man who had sold the land said he had sold him the land and its contents. They brought the matter before another for decision and he asked whether they had any children.

When one said he had a boy and the other said he had a girl, he told them to marry the boy to the girl and spend* some of the gold on them and give sadaqa.” *While the dual has been used with reference to the two men, the plural is used for “marry” and “spend”.

When God’s Messenger came to Medina they were paying one, two and three years in advance for fruits, so he said, “Those who pay in advance for anything must do so for a specified measure and weight with a specified time fixed.”

Aishah said that God’s Messenger bought some grain from a Jew to be paid at a specified time, and gave him a coat of mail of his as a pledge.

She said that when God’s Messenger died his coat of mail was in pledge with a Jew for thirty sa’s of barley.

Abu Hurayrah reported God’s Messenger as saying, “An animal may be ridden for payment when it is in pledge and the milk of milch-camels may be drunk of payment when in pledge, payment being made by the one who rides and the one who drinks.”

Said b. al-Musayyib reported God’s Messenger as saying, “A pledge does not become lost to its owner when he does not redeem it in time. Any increase in its value goes to him and any loss must be borne by him.” Shafii transmitted it in mursal form, and something similar or something with a similar meaning with no discrepancy is transmitted on the authority of Abu Hurayrah with a fully connected isnad.

The Prophet (sallallahu alayhi wa sallam) said:, “The measure of capacity is that used by the people of Medina and the measure of weight is that used by the people of Mecca.” Abu Dawud and Nasai transmitted it.

Ibn Abbas reported God’s Messenger as saying to those who measured commodities by capacity and those who measured by weight, “You have been put in charge of two matters because of which peoples of the past before your time perished.”

Abu Said al-Khudri reported God’s Messenger as saying, “If anyone pays in advance for an article he may not transfer, it to someone else before he receives it.”

The Messenger of Allah (sallallahu alayhi wa sallam) said:, “If anyone keeps goods till the price rises he is a sinner.”

Umar reported the Prophet (sallallahu alayhi wa sallam) as saying, “He who brings goods for sale is blessed with good fortune, but he who keeps them till the price rises is accursed.”

When prices were high in the Prophet’s time the people asked him to fix prices for them, but he replied, “God is the One who fixes prices, who withholds, gives lavishly and provides, and I hope that when I meet my Lord none of you will have any claim on me for an injustice regarding blood or property.”

Umar ibn al-Khattab told of hearing God’s Messenger say, “If anyone keeps grain from the Muslims waiting for the price to rise, God will smite him with tubercular leprosy* and insolvency.” Ibn Majah, Baihaqi, in Shuab al-iman, and Razin in his book transmitted it. * Judham.

Ibn Umar reported God’s Messenger as saying, “If anyone with-holds grain for forty days thereby desiring a high price, he has renounced God and God has renounced him.” Razin transmitted it.

Muadh told of hearing God’s Messenger say, “The man who withholds goods is evil. If God lowers prices he is grieved, and if He raises them he is happy.” Baihaqi transmitted it in Shuab al-lman and Razin in his book.

Abu Umama reported God’s Messenger as saying, “If anyone hoards grain for forty days and then gives it in sadaqa, that will not act as an atonement for him.” Razin transmitted it.

Abu Hurayrah reported God’s Messenger as saying, “If anyone becomes insolvent and a creditor finds his very property with him, he is more entitled to it than anyone else.”

In the time of the Prophet (sallallahu alayhi wa sallam) a man suffered loss affecting fruits he had bought and owed a large debt, so God’s messenger told the people to give him sadaqa and they did so, but as that was not enough to pay the debt in full God’s Messenger said to his creditors, “Take what you can find, but that is all you may have.”

The Prophet (sallallahu alayhi wa sallam) told of a man who used to make loans and say to his servant, “When you come to one who is in straitened circumstances forgive him, for perhaps God may forgive us.” He said that when he met God He forgave him.

The Messenger of Allah (sallallahu alayhi wa sallam) said:, “If anyone would like God to save him from the anxieties of the day of resurrection, he should grant a respite to one who is in straitened circumstances, or remit his debt.”

He told of hearing God’s Messenger say, “He who grants a respite to one who is in straitened circumstances or who remits his debt will be saved by God from the anxieties of the day of resurrection.”

Abul Yasar told of hearing God’s Messenger say, “He who grants a respite to one who is in straitened circumstances or remits his debt will be taken by God under His protection.”

God’s Messenger borrowed a young camel, and when the camels of the sadaqa came to him he ordered me to pay the man his young camel. When I told him that I could find only an excellent camel in its seventh year he said, “Give it to him, for the best person is he who discharges his debt in the best manner.”

Abu Hurayrah told that a man demanded payment of a debt from God’s Messenger in a most uncivil manner and his companions were vexed, but he said, “Leave him alone, for one who has a right is entitled to speak, and buy him a camel and give it to him.” When they told him that all they could find was one of a more excellent age than the man was entitled to, he said, “Buy it and give him it, for the best person among you is he who discharges his debt in the best manner.”

He reported God’s Messenger as saying, “Delay in payment by a rich man is injustice, but when one of you is referred for payment to a wealthy* man he should accept the reference.” (Bukhari and Muslim.) *Mali. This word is used of a wealthy man, and also of one who cannot be called wealthy but who is careful to pay his debts.

In the time of God’s Messenger he made demand in the mosque for payment of a debt due to him from Ibn Abu Hadrad and their voices rose till God’s Messenger, who was in his house, heard them. He went out to them and removing the curtain of his chamber called to Kab ibn Malik addressing him by name.

He replied, “At your service, Messenger of God”, whereupon he made a gesture with his hand indicating that he should remit half the debt due to him, and when Kab expressed his willingness he told the other to get up and discharge his debt.

The Prophet (sallallahu alayhi wa sallam) said:, “If anyone accepts other people’s belongings meaning to pay back, God will pay back for him; but if anyone accepts them meaning to squander them, God will on that account destroy his property.”

Abu Qatadah told of a man saying, “Tell me, Messenger of God, if I am killed in God’s path showing endurance, seeking my reward from God, advancing and not retreating, will God efface my sins?” He replied, “Yes,” but when the man turned away he called him and said, “Yes, with the exception of a debt. Thus Gabriel said.”

Abdallah ibn Amr reported God’s Messenger as saying, “Every fault but a debt will be forgiven to a martyr.”

A man who had died in debt would be brought to God’s Messenger and he would ask whether he had left any-thing to discharge his debt. If he was told ^that he had left enough he would pray, otherwise he would tell the Muslims to pray over their friend. But when God wrought the conquests at his hands he stood up and said, “I am closer to the believers than their own selves (Al-Ahzab 33:6), so if any of the believers dies leaving a debt I shall be responsible for paying it, and if anyone leaves property it goes to his heirs.”

We went to Abu Hurayrah regarding a friend of ours who was insolvent and he said, “This is what God’s Messenger decided about him. If any one dies or is insolvent, the owner of the goods has most right to them if he finds his actual goods.” Shafii and.

Abu Hurayrah reported God’s Messenger as saying, “A believer’s soul is attached to his debt till it is paid.” Shafii.

The Messenger of Allah (sallallahu alayhi wa sallam) said:, “A debtor is bound to his debt and will complain to his Lord of loneliness on the day of resurrection.” It is transmitted in Sharh as-sunna. A mursal tradition is transmitted to the effect that Muadh was in debt and his creditors went to the Prophet (sallallahu alayhi wa sallam) who sold all his property to pay his debt, with the result that Muadh had nothing left. This is the wording in al-Masabih, but the only source in which I have found it is al-Muntaqa.

Abd ar-Rahman ibn Kab ibn Malik said that Muadh ibn Jabal was a generous young man who could save nothing and was always borrowing, so that he expended all his property on his debts. He went to the Prophet (sallallahu alayhi wa sallam) and asked him to speak to his creditors, and if they would have remitted debts to anyone they would have done it to Muadh for God’s Messenger’s sake, but God’s Messenger sold them his property with the result that Muadh had nothing left. Said transmitted it in his Sunan in mursal form.

Ash-Sharid reported God’s Messenger as saying, “Delay in payment on the part of one who possesses the means makes it lawful to dishonour and punish him.” Ibn al-Mubarak said that “dishonour” means he may be spoken to roughly and “punish” means he may be imprisoned for it. Abu Dawud and Nasai transmitted it.

A corpse was brought to the Prophet (sallallahu alayhi wa sallam) on a bier for him to pray over it and he asked the people whether their friend owed anything. On being told that he did, he asked whether he had left anything to discharge it, and when they replied that he had not, he told them to pray over him.

But Ali ibn Abu Talib said, “I shall be responsible for his debt, Messenger of God,” so he went forward and prayed over him. A version has something to the same effect, adding that he said, “May God redeem your pledges from hell as you have redeemed the pledges of your brother Muslim! No Muslim will discharge his brother’s debt without God redeeming his pledges on the day of resurrection.” It is transmitted in Sharh as- sunna.

Thauban reported God’s Messenger as saying, “If anyone dies free from pride, unfaithfulness regarding spoil, and debt, he will enter paradise.”

The Prophet (sallallahu alayhi wa sallam) said:, “The greatest sin in God’s sight, after the serious sins which God has prohibited, which a man can bring into His presence is that he should die in debt without leaving enough to discharge it.”

Amr ibn Auf al-Muzani reported the Prophet (sallallahu alayhi wa sallam) as saying, “Reconciliation is allowable between Muslims except such as makes unlawful something which is lawful, or makes lawful something which is unlawful; and Muslims must keep to the conditions they have made, except for a condition which makes unlawful something which is lawful, or makes lawful something which is unlawful.” Tirmidhi, Ibn Majah and Abu Dawud transmitted it, but Abu Dawud’s transmission ended at “the conditions they have made.”

Makhrafa al-Abdi and I imported some garments from Hajar* and brought them to Mecca. God’s Messenger came to us walking and after he had bargained with us for some trousers we sold them to him. God’s Messenger then said to a man there who was weighing out for pay, “Weigh out and give overweight.” *A name applied to the whole district of al-Bahrain.

Jabir said the Prophet (sallallahu alayhi wa sallam) owed him a debt and gave him something extra when he paid it.

Abdallah ibn Abu Rabia said the Prophet (sallallahu alayhi wa sallam) borrowed forty thousand* from him, and when revenue came in he paid it to him saying, “God most high bless your family and your property! The only reward for a loan is commendation and repayment.” *The text mentions the number. It probably means dirhams. Nasai transmitted it.

Imran ibn Husayn reported God’s Messenger as saying, “When anyone has something due to him from another he will be credited with sadaqa for every day he allows the other to postpone payment.”

My brother died leaving three hundred dinars and some young children, and I wanted to use them for their maintenance, but God’s Messenger said to me, “Your brother is im-prisoned by his debt, so pay it on his behalf.” I went and did so, and returned to tell God’s Messenger that I had done it and that there remained only a woman who claimed two dinars but had no proof she could show. He replied, “Give them to her, for she is speaking the truth.”

When we were sitting in the courtyard of the mosque where the biers were laid down and God’s Messenger was sitting in the midst of us, he raised his eyes to the sky and looked, then lowering his eyes and putting his hand on his forehead he said, “Glory be to God, Glory be to God! What severity has come down!”

We said nothing all day and night and experienced nothing but good till the morning. Then I asked God’s Messenger what the severity was which had come down, and he replied, “It has to do with debts. By Him in whose hand Muhammad’s soul is, if a man were to be killed in God’s path then come to life, be killed again in God’s path then come to life, and be killed once more in God’s path then come to life owing a debt, he would not enter paradise till his debt was paid.”

Zuhra ibn Mabad said his grandfather Abdallah ibn Hisham would take him out to the market and buy grain, and Ibn Umar and Ibn az- Zubair would meet him and say to him, “Take us into partnership, for the Prophet (sallallahu alayhi wa sallam) has invoked a blessing on you then he would take them into partnership. He would often make a profit of a camel-load* and send it to the house.

Abdallah ibn Hisham had been taken by his mother to the Prophet (sallallahu alayhi wa sallam) who passed his hand over his head and invoked a blessing on him. Bukhari transmitted it. * Another explanation is that this means he made enough profit to buy a camel with its load Cf. Mirqat, iii, 344.”

Abu Hurayrah told that the Ansar asked the Prophet (sallallahu alayhi wa sallam) to divide the palm-trees between them and their brethren, but he replied, “No; save us the trouble of maintenance and we shall share the fruit with you.” They said, “We hear and we obey.”

Urwa ibn Abul Jad al-Bariqi said that God’s Messenger gave him a dinar to buy a sheep for him. He bought two sheep for him, sold one of them for a dinar and brought him a sheep and dinar. So God’s Messenger invoked a blessing on him in his business dealings, and he was such that if he had bought dust he would have made a profit from it.

Abu Hurayrah traced to the Prophet (sallallahu alayhi wa sallam) the statement that God who is great and glorious says, “I make a third with two partners as long as one of them does not cheat the other, but when he cheats him I depart from them.” Abu Dawud transmitted it and Razin added, “and the devil comes.”

He reported the Prophet (sallallahu alayhi wa sallam) as saying, “Place trust in him who trusts you, but do not cheat him who cheats you.”

Jabir said he intended to go to Khaibar, so he went to the Prophet (sallallahu alayhi wa sallam), gave him a salutation and told him of his purpose. He replied, “When you come to my agent take fifteen camel-loads from him, and if he desires a sign from you put your hand on his collar-bone*”. *This was evidently a pre-arranged sign to show that the Messenger was genuine.

A business transaction with a time specified, muqarada* and mixing wheat and barley for one’s household but not for sale. Ibn Majah transmitted it. * Giving someone some property to trade with, the profit being shared between the two, but any loss falling on the property.

Hakim ibn Hizam said God’s Messenger sent him with a dinar to buy a sacrificial animal for him. He bought a sheep for a dinar, sold it for two, came back, bought a sacrificial animal for a dinar, and brought it along with the extra dinar which he had gained. God’s Messenger gave the dinar as sadaqa and asked a blessing on him in his trading.

Said ibn Zayd reported God’s Messenger as saying, “If anyone takes a span of land unjustly, its extent taken from seven earths will be tied round his neck on the day of resurrection.”

Ibn Umar reported God’s Messenger as saying, “No one must milk a man’s animal without his permission. Would any of you like his upper chamber to be entered, his treasury broken into, and his food taken away? The udders of their animals store up their food for them.”

When the Prophet (sallallahu alayhi wa sallam) was with one of his wives one of the mothers of the faithful sent a bowl containing food and the one in whose house he was struck the servant’s hand with the result that the bowl fell and was broken in pieces. The Prophet (sallallahu alayhi wa sallam) collected the pieces of the bowl, then began to collect in it the food it had contained, saying, “Your mother is jealous.”

He then detained the servant till a bowl was produced by the one in whose house he was, gave the sound bowl to the one whose bowl had been broken and kept the broken one in the house of the one who broke it.

Abdallah ibn Yazid said that the Prophet (sallallahu alayhi wa sallam) forbade spoliation1 and mutilation2. Bukhari transmitted it. 1. Either taking some of the spoil in battle before the division of the booty has been made, or appropriating anything belonging to a Muslim. 2. The reference here may simply be to cutting off certain parts of animals, but it can apply to human beings as well.

In the time of God’s Messenger there was a solar eclipse on the day his son Ibrahim died, and he led the people in a prayer of six rakas with four sajdas, finishing when the sun came out of the eclipse.

He then said, “There is nothing you have been promised which I have not seen during this prayer of mine. Hell was brought, and that was when you saw me draw back from fear that some of its heat might strike me. I saw in it, dragging his entrails in hell, the owner of the crooked stick who used to steal from pilgrims with his crooked stick saying, if it was noticed, that the article had accidentally attached itself to the stick, but going off with it if it was not noticed.

I also saw the woman who possessed a cat which she tied up and did not feed or allow it to go and eat of the creeping things on the ground with the result that it died of hunger. Then paradise was brought, and that was when you saw me go forward and stand in my place and stretch out my hand meaning to take some of its fruit that you might look at it; but I thought it better not to do so.”

Qatada told of hearing Anas say that when there was an alarm in Medina the Prophet (sallallahu alayhi wa sallam) borrowed from Abu Talha a horse called al-Mandub which he rode. When he returned he said, “I did not see anything, and I found that the horse could run as speedily as a great river.”

The Prophet (sallallahu alayhi wa sallam) said:, “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 Shuab al-iman and Daraqutni in al-Mujtaba.

Imran ibn Husayn reported the Prophet (sallallahu alayhi wa sallam) 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.

The Prophet (sallallahu alayhi wa sallam) said:, “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.”

The Prophet (sallallahu alayhi wa sallam) said:, “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 Nasai transmitted it.

He reported the Prophet (sallallahu alayhi wa sallam) as saying, “The hand which takes is responsible till it pays.”

Haram b; Sad ibn Muhayyisa said that when a she-camel belonging to Al-Bara ibn 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.

The Prophet (sallallahu alayhi wa sallam) said: 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.

The Prophet (sallallahu alayhi wa sallam) said:, “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.”

The Prophet (sallallahu alayhi wa sallam) said:, “If anyone enters a garden he may eat, but he must not take anything away in his clothing.”

Umayya ibn Safwan quoted his father as saying that at the battle of Hunain the Prophet (sallallahu alayhi wa sallam) 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 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.

When I was a boy I used to throw stones at the palm-trees belonging to the Ansar and was brought to the Prophet (sallallahu alayhi wa sallam). 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.”

Salim reported on his father’s authority that God’s Messenger said, “If anyone takes any land without having a right he will be swallowed up seven earths deep on the day of resurrection.”

Yala ibn Murra told of hearing God’s Messenger say, “If anyone seizes land to which he has no right he will be made to carry its earth at the resurrection.”

He told of hearing God’s Messenger say, “If anyone wrongly takes a span of land God who is great and glorious will make him dig it till he gets to the end of seven earths, and then he will have it tied round his neck till the day of resurrection until men are judged.”

Jabir said the Prophet (sallallahu alayhi wa sallam) decreed the right to buy neighbouring property applicable to everything which is not divided, but when boundaries were fixed and separate roads made there was no option.

He said that God’s Messenger decreed the right of option regarding everything which is shared, whether a dwelling or a garden, when it had not been divided. It is not lawful to sell before informing one’s partner who may take it or let it go as he wishes; but if he sells without informing him, he has the greatest right to it.

Abu Rafi ‘reported God’s Messenger as saying, ‘The neighbour has the best claim by reason of his being near.’’

Abu Hurayrah reported God’s Messenger as saying, “One must not prevent his neighbour from fixing a beam in his wall.”

He reported God’s Messenger as saying, “When you disagree about a road its breadth should be made seven cubits.”

Said ibn Huraith told of hearing God’s Messenger say, “If any of you sells a house or real estate it is right that he should not have a blessing unless he spends what he gets on something similar.”

Jabir reported God’s Messenger as saying, “The neighbour is most entitled to the right of option and its exercise should be waited for even if he is absent, when the two properties have one road.”

The Prophet (sallallahu alayhi wa sallam) said:, “The partner has first right to buy neighbouring property and the option to buy applies to everything.”

Abdallah ibn Hubaish reported God’s Messenger as saying, “If anyone cuts down a lote tree, God will lower his head in hell.” Abu Dawud transmitted it, saying this is an abbreviated tradition meaning that if anyone wrongfully, unjustly and with no benefit to him from it cuts down in a desert a lote tree under which travellers and animals seek shade, God will lower his head in hell.

Uthman ibn Affan said that when boundaries have been set up in land there is no option to buy neighbouring property, and that the option does not apply to a well or to male palm-trees.

‘ Abdallah ibn Umar said that God’s Messenger handed over to the Jews of Khaibar the palm-trees and the land of Khaibar on condition that they should employ what belonged to them in working on them and that he should have half the produce. Muslim transmitted it. In Bukhari’s version, it says that God’s Messenger gave Khaibar to the Jews to work and cultivate, in return for which they would get half of what it produced.’

We used to employ people to till land for a share of its produce* and see no harm in it till Rafi ibn Khadij asserted that the Prophet (sallallahu alayhi wa sallam) forbade it, so we abandoned it on that account. Muslim transmitted it. * Mukhabir. From this comes the verbal noun mukhabara. See p. 607.

Hanzala ibn Qais quoted Rafi ibn Khadij to the effect that his two paternal uncles told him they used to let out land in the time of the Prophet (sallallahu alayhi wa sallam) for what grew by the streamlets, or for something the owner of the land set aside, but the Prophet (sallallahu alayhi wa sallam) forbade them to do that.

He asked Rafi how the matter would stand if payment were made in dirhams and dinars and he replied that there would be no harm in that. It seemed that what was prohibited was such as people versed in what is allowed and what is prohibited would not permit if they looked into it, because of the risk involved*. * The objection to such an agreement is that one cannot guarantee beforehand what a particular piece of land will produce.

We had most agricultural land in Medina, and a man would let out his land on condition that he should have what was produced in one portion and the man to whom it was let out should have what was produced in another; but sometimes one portion produced a crop while the other did not, so the Prophet (sallallahu alayhi wa sallam) forbade them to do that.

Amr said that he expressed a wish to Taus that he would abandon the practice of employing people on land in return for part of the pro-duce, for people asserted that the Prophet (sallallahu alayhi wa sallam) had forbidden it.

He replied to Amr that he was just giving them something and helping them, adding that the most learned of the people, meaning Ibn Abbas, had informed him that the Prophet (sallallahu alayhi wa sallam) did not forbid it, but said, “It is better for one of you to lend to his brother than to take a prescribed sum from him.”

Jabir reported God’s Messenger as saying, “If anyone has land he should cultivate it, or lend it to his brother; but if he refuses he should retain his land.”

Abu Umama on seeing a ploughshare and some agricultural instruments told that he had heard the Prophet (sallallahu alayhi wa sallam) say, “This will not enter any people’s house without God causing ignominy to enter it*.” Bukhari transmitted it. *This tradition says that agriculture is a less noble occupation than jihad.

The Prophet (sallallahu alayhi wa sallam) said:, “If anyone sows in other people’s land without their permission he has no right to any of the crop, but he may have what it cost him.”

Qais ibn Muslim told that Abu Jafar said there was not a family of the Emigrants who did not cultivate ground for a third and a quarter of the produce, and Ali, Sad ibn Malik, Abdallah ibn Masud, Umar ibn Abd al-Aziz, al-Qasim, Urwa, the family of Abu Bakr, the family of Umar, the family of Ali, and Ibn Sirin made contracts for part of the produce in return for working land.

Abd ar-Rahman b. al- Al-Aswad said that he partnered Abd ar-Rahman ibn Yazid in cultivation, and Umar employed people on condition that if he provided the seed he should have half the crop, and if they provided the seed they should have such and such.

Abdallah ibn Mughaffal told that Thabit b. ad-Dahhak asserted that God’s Messenger forbade employing people on land for a share of the produce and ordered that they should be employed for a wage, saying there was no harm in it.

Ibn Abbas said the Prophet (sallallahu alayhi wa sallam) had himself cupped and gave the cupper his pay; and he poured medicine into his nose.

The Prophet (sallallahu alayhi wa sallam) said:, “God has not sent a prophet who did not work as a shepherd.” His companions asked whether this was also true of him and he replied, “Yes, I used to be a shepherd for the people of Mecca for a payment of some qirats.”

a man who gave a promise in my name then acted faithlessly; a man who sold a free man and enjoyed the price he received for him; and a man who hired a servant and, after receiving full service from him, did not give him his wages.

Ibn Abbas said some of the Prophet’s companions passed a watering-place where there was one who had been stung by a scorpion or bitten by a snake. One of the inhabitants of the watering-place accosted them and asked whether anyone among them could apply a charm, for at the watering-place there was a man who had been stung by a scorpion or bitten by a snake.

One of them went and recited Fatihat al-Kitab in return for some sheep, and he was cured; but when he brought the sheep to his companions they disapproved of that saying, “You have taken payment for God’s Book.”

When they came to Medina and told God’s Messenger that he had taken payment for God’s Book, he replied, “The most worthy thing for which you have taken payment is God’s Book.” Bukhari transmitted it. In a version he said, “You have done right. Divide them and give me a share along with you.”

We came to a clan of the Arabs after leaving God’s Messenger and they said, “We have been told that you have brought what is good from this man. Have you any medicine, or a charm, for we have a lunatic in chains?”

When we replied that we had, they brought a lunatic in chains and I recited Fatihat al-Kitab over him three days morning and evening, collecting my saliva and then spitting it out, and he seemed as if he were set free from a bond. They gave me some payment, but I refused to accept it till I had asked the Prophet (sallallahu alayhi wa sallam).

When I did so he said, “Accept it*, for by my life, some accept it for a worthless charm, but you have done so for a genuine one.” Ahmad and Abu Dawud transmitted it. * Literally “eat”.

Abdallah ibn Umar reported God’s Messenger as saying, “Give the hireling his wages before his sweat dries.”

Al-Husain ibn Ali reported God’s Messenger as saying, “The beggar has a right, even if he comes on a horse*.” *This tradition means that one must not accuse a beggar of making false pretenses of being in need, even when circumstances suggest that that is so. Ahmad and Abu Dawud transmitted it. In al-Masabih it is given in mursal form.

Utba b. al-Mundhir said that once when they were with God’s Messenger he recited Ta Sin Mim (Al-Qur’an 28. The passage about Moses hiring himself is verses 26 to 28) till he came to the story of Moses and said, “Moses hired himself for eight or ten years in return for preserving his chastity and receiving his food.”

Ubada b. as-Samit told that he said, “Messenger of God, one of those whom I have been teaching the Book and the Qur’an has presented me with a bow, and as it cannot be reckoned property may I shoot with it in God’s path?” He replied, “If you want to have a necklace of fire put on you, accept it.”

Aishah reported the Prophet (sallallahu alayhi wa sallam) as saying, “He who develops land which has no owner has the best right to it.” Urwa said that Umar gave decision accordingly during his caliphate.

As-Sab ibn Jaththama told of hearing God’s Messenger say, “There is no preserve except what belongs to God and His Messenger.”

Urwa said Az-Zubayr had a dispute with one of the Ansar about streamlets in the lava plain, and the Prophet (sallallahu alayhi wa sallam) said, “Water your ground, Zubair, then let the water run to your neighbour.”

The Ansari said, “It is because he is your cousin.” Thereupon his face changed colour and he said, “Water your ground, Zubair, then keep back the water till it returns to the embankment, and afterwards let it run to your neighbour.” So the Prophet (sallallahu alayhi wa sallam) paid regard to Az-Zubayr’s right by the clear decision when the Ansari made him angry and he had given them advice which would have made matters easy for both of them.

Abu Hurayrah reported God’s Messenger as saying, “Do not withhold excess water to prevent thereby extra herbage growing.”

a man who swears falsely about some merchandise that he has previously received a larger offer than he has now been given; a man who swears a false oath after the afternoon prayer to deprive thereby a Muslim of his property; and a man who withholds excess water. God will say, ‘Today I am withholding from you my grace*as you withheld excess water which was not produced by the efforts of your hands’. (Bukhari and Muslim.) *The word for grace (fadl) is the same as the word for excess.

Samurah reported the Prophet (sallallahu alayhi wa sallam) as saying, “If anyone puts a wall round land*, it belongs to him.” Abu Dawud transmitted it. * Mirqat, iii, 369 says the reference is to barren land.

God’s Messenger assigned some palm-trees to Az-Zubayr.

The Prophet (sallallahu alayhi wa sallam) assigned to Az-Zubayr the land his horse could cover at a run. He made his horse run, and when it stopped he threw his whip. He then said, “Give it to him up to the spot his whip has reached.”

‘Alqama ibn Wail reported his father as saying that the Prophet (sallallahu alayhi wa sallam) assigned him land in Hadramaut, sending Muawiyah with him and telling him to give it to him.’

He came to God’s Messenger and asked him to assign him the salt which was in Marib*, which he did. When he turned away a man said, “Messenger of God, you have assigned him the perennial spring water,” so he took it back from him.

He asked for the land which had arak trees (Thorny trees on which camels feed) growing in it, and he said he could have such as was beyond the region to which camels went. Tirmidhi, Ibn Majah and Darimi transmitted it. * This town was the capital of the Sabæans in the Yemen, famous for its dam.

water, herbage and fire.

Asmar ibn Mudarris told that when he came and swore allegiance to the Prophet (sallallahu alayhi wa sallam) he said, “If anyone comes to water, no Muslim having come to it before him, it belongs to him.”

Tawus, in mursal form, reported God’s Messenger as saying, “If anyone cultivates barren land it belongs to him, but ancient property belongs to God and His Messenger and then comes to you from me.” Shafii transmitted it.

Sharh as-sunna tells of the Prophet (sallallahu alayhi wa sallam) assigning to Abdallah ibn Masud the open spaces in Medina between the dwellings and palm gardens of the Ansar, and when the B. Abd ibn Zuhra said, “Remove from us the son of Umm Abd,” (His mother was Umm Abd daughter of al-Harith ibn Zuhra ibn Kitab) replying, “Why then did God send me? God does not bless a people among whom a weak man is not given his right.” Sharh as-sunna.

Amr ibn Shuaib, on his father’s authority, said his grandfather told that God’s Messenger decided regarding the stream al-Mahzur* that its water should be held back till it reached the ankles and that the upper waters should then be allowed to flow to the lower. Abu Dawud and Ibn Majah transmitted it. * Taj al-‘arus quotes Ibn al-Athir as saying this was the wadi of the B. Quraizah, and that water flowed in it only when rain fell.’

Samurah ibn Jundub told that he had a row of palm-trees in the garden of a man of the Ansar who had his family with him. Samurah used to go in, and as the Ansari was annoyed by this he went and mentioned the matter to the Prophet (sallallahu alayhi wa sallam).

He asked him to sell it (. i.e. he asked Samurah to sell his row of palm-trees), but he refused, so he asked him to take something else in exchange, but he refused. He then said, “Give it to him and you can have such and such,” mentioning something with which he tried to please him, but he refused. He therefore told him he was a nuisance and told the Ansari to go and cut down his palm-trees.

Aishah said she asked God’s Messenger what the thing was which it was unlawful to refuse and he replied that it was water, salt and fire. She said, “Messenger of God, we know about water, but what is the significance of salt and fire?”

He replied, “Little rosy one, he who gives fire is as though he had given sadaqa of all that that fire cooked; he who gives salt is as though he had given sadaqa of all that that salt freshened; he who gives a Muslim a drink of water where water is found is as though he had set free a slave; and he who gives a Muslim a drink of water where water is not found is as though he had given him life.”

Ibn Umar told that when Umar got some land in Khaibar he went it to the Prophet (sallallahu alayhi wa sallam) and said, “Messenger of God, I have acquired land in Khaibar which I consider to be more valuable than any I have ever | acquired, so what do you command me to do with it?”

He replied, “If you wish you may make the property an inalienable possession and give { its produce as sadaqa ‘ So Umar gave it as sadaqa declaring that the property must not be sold, given away, or inherited, and he gave its produce as sadaqa to be devoted to the poor, relatives, the emancipation j of slaves, God’s path, travellers and guests, no sin being committed by the one who administers it if he eats something from it in a reasonable b manner or gives something to someone else to eat*, provided he is not storing up goods.

Ibn Sirin said, ‘Provided he is not acquiring capital for himself.’ * This is a literal translation. It is used of him getting a reasonable return for his services, i | both for himself and for his family.’”

The Prophet (sallallahu alayhi wa sallam) said:, “Life-tenancy of a house is a gift.”

is part of the inheritance of those who receive it.

He reported God’s Messenger as saying, “If anyone has property [[given him for the use of himself and his descendants it belongs to the one to whom it is given and does not return to the one who gave it because he gave a gift which may be inherited.”

He said that the life-tenancy which God’s Messenger allowed was (only that one should say, “It is for you and your descendants.” When he says, “It is yours as long as you live,” it returns to its owner.

The Prophet (sallallahu alayhi wa sallam) said:, “Do not give property to go to the survivor* and do not give life-tenancy, for if anyone is given either the property goes to his heirs.” *This is said to be objectionable, as it may lead to the men hoping the other will die first.

He reported the Prophet (sallallahu alayhi wa sallam) as saying, “Both life-tenancy and giving property which goes to the survivor are a gift which belongs to those who receive it.”

Jabir reported God’s Messenger as saying, “Keep your properties for yourselves and do not squander them, for if anyone gives a life- tenancy it goes to the one to whom it is given, both during his life and after his death, and to his descendants.”

Abu Hurayrah reported God’s Messenger as saying, “If anyone is offered basil he must not reject it, for it is light to carry and has a sweet scent.”

The Prophet (sallallahu alayhi wa sallam) never rejected perfume.

Ibn Abbas reported God’s Messenger as saying, “One who seeks to take back a gift is like a dog which returns to its vomit. An evil example does not apply to us*.” * i.e. to Muslims.

Abdallah ibn Amr reported God’s Messenger as saying, “None of you may take back his gift, except in the case of a father taking it from his child.” Nasai and.

The Prophet (sallallahu alayhi wa sallam) said:, “It is not lawful for a man to give a gift and then take it back, except a father regarding what he gives his child. One who gives a gift and then takes it back is like a dog which eats and vomits when it is full, then returns to its vomit.” Abu Dawud, Tirmidhi, Nasai and.

A desert Arab presented God’s Messenger with a young she-camel, in return for which he gave him six young she- camels. He was displeased, and when the Prophet (sallallahu alayhi wa sallam) heard that, he praised and extolled God and said, “So and so presented me with a she-camel and I gave him six young she-camels in return for it, but he was displeased.

I feel inclined to accept a present only from a Qurashi, an Ansari, a Thaqafi, or a Dausi.” Tirmidhi, Abu Dawud and Nasai transmitted it.

The Prophet (sallallahu alayhi wa sallam) said:, “If anyone is given a gift and has the means he should make a return for it, but if he has not the means he should express commendation, for he who expresses commendation has given thanks, he who conceals a matter has been ungrateful, and he who decks himself with what he has not been given is like him who puts on the two garments of falsehood.”

Usamah ibn Zayd reported God’s Messenger as saying, “If one is done a kindness and expresses to his benefactor a desire that God may give him a good reward, he has fully expressed his commendation.”

The Messenger of Allah (sallallahu alayhi wa sallam) said:, “He who does not thank people does not thank God.”

When God’s Messenger came to Medina the Emigrants came to him and said, “Messenger of God, we have never seen people more liberal out of abundance or better in giving help when they have little than a people among whom we have settled. They have removed our trouble and shared with us their pleasant things so that we are afraid they will get the whole reward.”

He replied, ‘No, as long as you make supplication to God for them and express commendation of them*.’ * They have no reason to fear that the Ansar will get all the reward from God so long as due expression of thanks is made.

Aishah reported the Prophet (sallallahu alayhi wa sallam) as saying, “Give presents to one another, for a present removes grudges.” …transmitted it. (Mirqat, 3:380 says that Tirmidhi is the source in which this tradition is found. I have looked for it with the help of the Concordance, but have been unable to find it.

The Prophet (sallallahu alayhi wa sallam) said:, “Give presents to one another for a present removes rancour from the breast, and a woman should not despise even the gift of half (Or part of) a sheep’s trotter from her neighbour.”

cushions, oil (duhn)* and milk. Tirmidhi transmitted it, saying this is a gharib tradition. * It is said that by duhn he meant perfume. Duhn is used of oil or grease with which one anoints oneself. The point of the explanation of the meaning is evidently that a kind of scented oil is here intended.

Abu Uthman an-Nahdi reported God’s Messenger as saying, “When one of you is given basil he must not reject it, for it has come forth from paradise.”

Give my son your slave. This was presumably said to her husband.

When God’s Messenger was brought first fruits he saw him put them on his eyes and lips and then say, “0 God, as Thou hast shown us the first of it, show us the last of it.” He would then give them to any boys who were present. Baihaqi transmitted it in ad-Daawat al-kabir.

Zayd ibn Khalid told that when a man came to God’s Messenger and asked him about a find he said, “Note what it is contained in and what it is tied with and make the matter known for a year. Then if its owner comes give it to him, otherwise you can do what you like with it.”

He asked about stray sheep (or goats) and he replied, “You, your brother, or the wolf may have them.” He asked about stray camels and he replied, “What have you to do with them? They have their stomachs and their feet. They can go down to water and eat trees till their master finds them.”

In a version by Muslim he said, “Make the matter known for a year, then note what it is contained in and what it is tied with and use it for your own purposes, but if its owner comes you must deliver it to him*.” * This tradition says that after a year the finder may do as he likes with the article, but that if the owner turns up later he must restore it to him, or give him an equivalent if he has disposed of it.

He reported God’s Messenger as saying, “He who gives refuge to a stray is astray himself as long as he does not make the matter known.”

Abd ar-Rahman ibn Uthman at-Taimi said that God’s Messenger prohibited taking what a pilgrim has dropped.

Amr ibn Shuaib, on his father’s authority, said his grandfather told that God’s Messenger was asked about hanging fruit and said, “If a needy person takes some and does not take a supply away in his garment he is not to be blamed, but he who carries any of it away is to be fined twice the value and punished and he who steals any of it after it has been put in the place where dates are dried is to have his hand cut off if their value reaches the price of a shield*.”

Regarding stray camels and sheep (Or ‘goats’) he mentioned the same as others have done. He said he was asked about finds and replied, “If it is in a frequented road and a large town make the matter known for a year and if its owner comes give it to him, but if he does not it belongs to you; but if it is in a place which has been waste from ancient times, or if it is hidden treasure belonging to the pre-Islamic period it is subject to payment of the fifth.” *The price of a shield in the Prophet’s time is said to have been a quarter of a dinar.

Ten dirhams is also mentioned Nasai transmitted it. Abu Dawud transmitted from Amr from “he was asked about finds” to the end.

Ali ibn Abu Talib found a dinar and after taking it to Fatima asked God’s Messenger about it. He replied that this was God’s provision, and God’s Messenger, Ali and Fatima ate food which was bought with it. But afterwards a woman came crying out about the dinar and God’s Messenger said, “Pay the dinar, Ali.”

Al-Jarud reported God’s Messenger as saying, “A Muslim’s lost property is a cause of the flame of hell*.” * i.e. when the finder, wishing to keep the article, does not make public the fact that he has found it.

‘Iyad ibn Himar reported God’s Messenger as saying, ‘He who finds Something should call one or two trusty people as witness and not conceal it or cover it up; then if he finds its owner he should return it to him, otherwise it is God’s property which he gives to whom He will.’’

God’s Messenger gave licence that a man might use for himself a stick, a whip, a rope and things of that type which he picked up.