Book Forty Four – The Book on Partnership

Hadith Number 663.

Narrated by Jabir bin 'Abdullah (Radhi Allahu Anhu): "Allah's Messenger (Sallallahu Alayhi wa Sallam) sent an army towards the east coast and appointed Abu 'Ubaida bin Al-Jarrah (Radhi Allahu Anhu) as their chief, and the army consisted of three-hundred men including myself. We marched on till we reached a place where our food was about to finish. Abu- 'Ubaida ordered us to collect all the journey food and it was collected. My (our) journey food was dates. Abu 'Ubaida kept on giving us our daily ration in small amounts from it, till it was exhausted. The share of everyone of us used to be one date only." I said, "How could one date benefit you?" Jabir replied, "We came to know its value when even that too finished." Jabir added, "When we reached the sea-shore, we saw a huge fish which was like a small mountain. The army ate from it for eighteen days. Then Abu 'Ubaida ordered that two of its ribs be fixed and they were fixed in the ground. Then he ordered that a she-camel be ridden and it passed under the two ribs (forming an arch) without touching them."


Hadith Number 664.

Narrated by Salama (Radhi Allahu Anhu): Once the journey food diminished and the people were reduced to poverty. They went to the Prophet (Sallallahu Alayhi wa Sallam) and asked his permission to slaughter their camels, and he agreed. 'Umar (Radhi Allahu Anhu) met them and they told him about it, and he said, "How would you survive after slaughtering your camels?" Then he went to the Prophet (Sallallahu Alayhi wa Sallam) and said, "O Allah's Messenger! How would they survive after slaughtering their camels?" Allah's Messenger (Sallallahu Alayhi wa Sallam) ordered 'Umar, "Call upon the people to bring what has remained of their food." A leather sheet was spread and all the journey food was collected and heaped over it. Allah's Messenger (Sallallahu Alayhi wa Sallam) stood up and invoked Allah to bless it, and then directed all the people to come with their utensils, and they started taking from it till all of them got what was sufficient for them. Allah's Messenger (Sallallahu Alayhi wa Sallam) then said, "I testify that None has the right to be worshipped but Allah, and I am His Messenger."


Hadith Number 665.

Narrated by Rafi bin Khadij (Radhi Allahu Anhu): We used to offer the 'Asr prayer with the Prophet (Sallallahu Alayhi wa Sallam) and slaughter a camel, the meat of which would be divided in ten parts. We would eat the cooked meat before sunset.


Hadith Number 666.

Narrated by Abu Musa (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "When the people of Ash'ari tribe ran short of food during the holy battles, or the food of their families in Al-Madinah ran short, they would collect all their remaining food in one sheet and then distribute it among themselves equally by measuring it with a bowl. So, these people are from me, and I am from them."


Hadith Number 667.

Narrated by Anas (Radhi Allahu Anhu): That Abu Bakr As-Siddiq (Radhi Allahu Anhu) wrote to him the law of Zakat which was made obligatory by Allah's Messenger (Sallallahu Alayhi wa Sallam). He wrote: 'Partners possessing joint property (sheep) have to pay its Zakat equally. (*)

* Equally means: As one owner as regards the Zakat (on sheep)

Hadith Number 668.

Narrated by 'Abaya bin Rafa'a bin Raft' bin Khadij : My grandfather said, "We were in the company of the Prophet (Sallallahu Alayhi wa Sallam) at Dhul-Hulaifa. The people felt hungry and captured some camels and sheep (as booty). The Prophet (Sallallahu Alayhi wa Sallam) was behind the people. They hurried and slaughtered the animals and put their meat in pots and started cooking it. (When the Prophet (Sallallahu Alayhi wa Sallam) came) he ordered the pots to be upset (*) and then he distributed the animals (of the booty), regarding ten sheep as equal to one camel. One of the camels fled and the people ran after it till they were exhausted. At that time there were few horses. A man threw an arrow at the camel, and Allah stopped the camel with it. The Prophet (Sallallahu Alayhi wa Sallam) said, "Some of these animals are like wild animals, so if you lose control over one of these animals, treat it in this way (i.e. shoot it with an arrow)." Before distributing them among the soldiers my grandfather said, "We may meet the enemies in the future and have no knives; can we slaughter the animals with reeds?" The Prophet (Sallallahu Alayhi wa Sallam) said, "Use whatever causes blood to flow, and eat the animals if the name of Allah has been mentioned on slaughtering them. Do not slaughter with teeth or fingernails and I will tell you why: It is because teeth are bones (i.e. cannot cut properly) and fingernails are the tools used by the Ethiopians (whom we should not imitate for they are infidels)."

* The Prophet (Sallallahu Alayhi wa Sallam) did not agree to their slaughtering the animals of the booty before distributing them among the soldiers.


Hadith Number 669.

Narrated by Ibn 'Umar (Radhi Allahu Anhuma): The Prophet (Sallallahu Alayhi wa Sallam) decreed that one should not eat two dates together at a time unless he gets the permission from his companions (sharing the meal with him).


Hadith Number 670.

Narrated by Jabala: "While at Al-Madinah we were struck with famine. Ibn Az-Zubair (Radhi Allahu Anhuma) used to provide us with dates as our food. Ibn 'Umar (Radhi Allahu Anhuma) used to pass by us and say, "Don't eat two dates together at a time as the Prophet (Sallallahu Alayhi wa Sallam) has forbidden eating two dates together at a time (in a gathering) unless one takes the permission of one's companion brother."


Hadith Number 671.

Narrated by Nafi: Ibn 'Umar (Radhi Allahu Anhuma) said, "Allah's Messenger (Sallallahu Alayhi wa Sallam) said, 'If one manumits his share of a jointly possessed slave, and can afford the price of the other shares according to the adequate price of the slave, the slave will be completely manumitted; otherwise he will be partially manumitted.' " (Aiyub, a sub-narrator is not sure whether the saying"... otherwise he will be partially manumitted" was said by Nafi' or the Prophet (Sallallahu Alayhi wa Sallam)).


Hadith Number 672.

Narrated by Abu Hurairah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "Whoever manumits his share of a jointly possessed slave, it is imperative for him to get that slave manumitted completely by paying the remaining price, and if he does not have sufficient money to manumit him, then the price of the slave should be estimated justly, and he is to be allowed to work and earn the amount that will manumit him (without overburdening him)".

Hadith Number 673.

Narrated by An-Nu'man bin Bashir (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "The example of the person abiding by Allah's order and restrictions in comparison to those who violate them is like the example of those persons who drew lots for their seats in a boat. Some of them got seats in the upper part, and the others in the lower. When the latter needed water, they had to go up to bring water (and that troubled the others), so they said, 'Let us make a hole in our share of the ship (and get water) saving those who are above us from troubling them. So, if the people in the upper part left the others do what they had suggested, all the people of the ship would be destroyed, but if they prevented them, both parties would be safe."


Hadith Number 674.

Narrated by 'Urwa bin Az-Zubair: That he had asked 'Aisha (Radhi Allahu Anha) about the meaning of the Statement of Allah: "If you fear that you shall not be able to deal justly With the orphan girls, then marry (other) women of your choice two or three or four." (Surah An-Nisa’ 4:3)

She said, "O my nephew! This is about the orphan girl who lives with her guardian and shares his property. Her wealth and beauty may tempt him to marry her without giving her an adequate Mahr (bridal-money) which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable Mahr; otherwise they were ordered to marry any other woman." 'Aisha (Radhi Allahu Anha) further said, "After that verse the people again asked the Prophet (Sallallahu Alayhi wa Sallam) (about the marriage with orphan 'girls), so Allah revealed the following verses: 'They ask your instruction concerning the women. Say: Allah instructs you about them and about what is recited unto you in the Book, concerning the orphan girls to whom you give not the prescribed portions and yet whom you desire to marry..." (Surah An-Nisa’ 4:127)

What is meant by Allah's Saying: 'And about what is recited unto you is the former verse which goes: 'If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice.' (Surah An-Nisa’ 4:3) 'Aisha (Radhi Allahu Anha) said, "Allah's saying in the other verse: 'Yet whom you desire to marry' (Surah An-Nisa’ 4:127) means the desire of the guardian to marry an orphan girl under his supervision when she has not much property or beauty (in which case he should treat her justly). The guardians were forbidden to marry their orphan girls possessing property and beauty without being just to them, as they generally refrain from marrying them (when they are neither beautiful nor wealthy)."


Hadith Number 675.

Narrated by Jabir bin 'Abdullah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) established the right of Shu'fa (i.e. Pre-emption) in joint properties; but when the land is divided and the ways are demarcated, then there is no pre-emption.

Hadith Number 676.

Narrated by Jabir bin 'Abdullah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "The right of pre-emption is valid in every joint property, but when the land is divided and the way is demarcated, then there is no right of pre-emption."


Hadith Number 677.

Narrated by Sulaiman bin Abu Muslim : I asked Abu Minhal about money exchange from hand to hand. He said, "I and a partner of mine bought something partly in cash and partly on credit." Al-Bara' bin 'Azib passed by us and we asked about it. He replied, "I and my partner Zaid bin Al-Arqam did the same and then went to the Prophet (Sallallahu Alayhi wa Sallam) and asked him about it. He said, 'Take what was from hand to hand and leave what was on credit.'"


Hadith Number 678.

Narrated by Abdullah (Radhi Allahu Anhuma): Allah's Messenger (Sallallahu Alayhi wa Sallam) rented the land of Khaibar to the Jews on the condition that they would work on it and cultivate it and take half of its yield.


Hadith Number 679.

Narrated by 'Uqba bin 'Amir (Radhi Allahu Anhu): That Allah's Messenger (Sallallahu Alayhi wa Sallam) gave him some sheep to distribute among his companions in order to sacrifice them and a kid was left. He told the Prophet (Sallallahu Alayhi wa Sallam) about it and the Prophet (Sallallahu Alayhi wa Sallam) said to him, "Sacrifice it on your behalf."


Hadith Number 680.

Narrated by 'Abdullah bin Hisham (Radhi Allahu Anhu): That his mother Zainab bint Humaid took him to the Prophet (Sallallahu Alayhi wa Sallam) and said, "O Allah's Messenger! Take the pledge of allegiance from him." But he said, "He is still too young for the pledge," and passed his hand on his (i.e. 'Abdullah's) head and invoked for Allah's blessing for him. Zuhra bin Ma'bad stated that he used to go with his grandfather, 'Abdullah bin Hisham, to the market to buy foodstuff. Ibn 'Umar and Ibn Az-Zubair (Radhi Allahu Anhuma) would meet him and say to him, "Be our partner, as the Prophet (Sallallahu Alayhi wa Sallam) invoked Allah to bless you." So, he would be their partner, and very often he would win a camel's load and send it home.


Hadith Number 681.

Narrated by Ibn 'Umar (Radhi Allahu Anhuma): The Prophet (Sallallahu Alayhi wa Sallam) said, "Whoever manumits his share o a jointly possessed slave, it is imperative on him to manumit the slave completely if he has sufficient money to pay the rest of its price which is to be estimated justly. He should pay his partners their shares and release him (the freed one).


Hadith Number 682.

Narrated by Abu Hurairah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "Whoever manumits his share of a jointly possessed slave, it is essential for him to manumit the slave completely if he has sufficient money. Otherwise he should look for some work for the slave (to earn what would enable him to emancipate himself), without overburdening him with work."

Hadith Number 683.

Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): The Prophet (Sallallahu Alayhi wa Sallam) (along with his companions) reached Makkah in the morning of the fourth of Dhul-Hijjah assuming Ihram for Hajj only. So when we arrived at Makkah, the Prophet (Sallallahu Alayhi wa Sallam) ordered us to change our intentions of the Ihram for 'Umrah and that we could finish our Ihram after performing the 'Umrah and could go to our wives (for sexual intercourse). The people began talking about that. (*) Jabir said surprisingly, "Shall we go to Mina while semen is dribbling from our male organs?" (**) Jabir moved his hand while saying so. When this news reached the Prophet (Sallallahu Alayhi wa Sallam) he delivered a sermon and said, "I have been informed that some peoples were saying so and so; By Allah I fear Allah more than you do, and am more obedient to Him than you. If I had known what I know (***) now, I would not have brought the Hadi (sacrifice) with me and had the Hadi not been with me, I would have finished the Ihram." At that Suraqa bin Malik (Radhi Allahu Anhu) stood up and asked "O Allah's Messenger! Is this permission for us only or is it forever?" The Prophet (Sallallahu Alayhi wa Sallam) replied, "It is forever." In the meantime 'Ali bin Abu Talib (Radhi Allahu Anhu) came from Yemen and was saying Labbaik for what the Prophet (Sallallahu Alayhi wa Sallam) has intended. (According to another man, 'Ali was saying Labbaik for Hajj similar to Allah's Messenger’s (Sallallahu Alayhi wa Sallam)). The Prophet (Sallallahu Alayhi wa Sallam) told him to keep on the Ihram and let him share the Hadi with him.

* People thought that it was sinful to perform Umrah during the months of Hajj, so when the Prophet (Sallallahu Alayhi wa Sallam) ordered them to perform Umrah with Hajj (Hajj-at-Tamattu) they were astonished.

** Jabir (Radhi Allahu Anhu) thought that it would be inconvenient to assume Ihram for Hajj and go to Mina shortly after having had sexual relation with one’s wife.

*** Know that Umrah is permissible in the months of Hajj



Hadith Number 684.

Narrated by Abaya bin Rifaa: My grandfather, Rafi bin Khadij said, "We were in the valley of Dhul-Hulaifa of Tuhama in the company of the Prophet (Sallallahu Alayhi wa Sallam) and had some camels and sheep (of the booty). The people hurried (in slaughtering the animals) and put their meat in the pots and started cooking. Allah's Messenger (Sallallahu Alayhi wa Sallam) came and ordered them to upset the pots, and distributed the booty considering one camel as equal to ten sheep. One of the camels fled and the people had only a few horses, so they got worried. (The camel was chased and) a man slopped the camel by throwing an arrow at it. Allah's Messenger (Sallallahu Alayhi wa Sallam) said, 'Some of these animals are untamed like wild animals, so if anyone of them went out of your control, then you should treat it as you have done now.' " My grandfather said, "O Allah's Messenger! We fear that we may meet our enemy tomorrow and we have no knives, could we slaughter the animals with reeds?" The Prophet (Sallallahu Alayhi wa Sallam) said, "Yes, or you can use what would make blood flow (slaughter) and you can eat what is slaughtered and the Name of Allah is mentioned at the time of slaughtering. But don't use teeth or fingernails (in slaughtering). I will tell you why, as for teeth, they are bones, and fingernails are used by Ethiopians for slaughtering. (See Hadith 668)