Chapter 01-Conditions of Business Transactions and Those which are Forbidden

802. Rifa'ah bin Rafi' )narrated that the Messenger of Allah was asked, 'Which type of earning is the best?' He said,"A man's earning through working with his own hands, and every business transaction which is approved (which is Halal and free of cheating etc...).' Related by Al-Bazzar and al·Hakim graded it as Sahih.






803. Jabir bin 'Abdullah )narrated, he heard the Messenger of Allah say in the year of the Conquest (of Makkah) while he was in Makkah, "Allah has prohibited the sale of alcohol, dead animals, pigs, and idols." People asked, '0 Messenger of Allah! What about the fat of dead animals, it is used for greasing boats and skins and people use it for making oil for lamps.' He said, 'No, it is Haram," The Messenger of Allah then added, "May Allah curse the Jews, for Allah made the fat (of animals) Haram (unlawful) for them, yet they melted the fat, sold it and ate its price." Agreed upon.





804. Ibn Masud narrated, 'I heard the Messenger of Allah say, ''When two husiness dealers dispute (over a business dealing) and none of them has evidence to prove his case, the final word is left to the seller or they may both abandon the deal," Related by the five Imams and al-Hakim graded it as Sahih.







805. Abu Mas'ud al-Ansari narrated, 'The Messenger of Allah prohibited taking the price of a dog, the earnings of a prostitute and the fees taken by a soothsayer.' Agreed upon.






806. Jabir bin 'Abdullah narrated, 'That he was once traveling on his camel which had become so slow that he intended to get rid of it. The Prophet passed by (after Jabir told him the story), and poked the camel with his stick, and asked Jabir to ride it again. The camel was much faster than it had ever been before. The Messenger of Allah then said to Jabir, "Sell it to me for one Uqiyah(ounce} of gold." Jabir said, 'No.' He again said, "Sell it to me for one Uqiyah of gold". Jabir says, 'I sold it for one Uqiyah. and stipulated that I should ride it to my house.' When we reached (Madinah) I took that camel to the Prophet and he gave me its price. 1 returned home but he sent for me (and when I went to him) he said, "Do you think that I asked you to reduce the price to take your camel? Take your camel and your money it is all yours." Agreed upon and this is Muslim's version.




807. Jabir narrated, 'A man decided that a slave of his would be free after his death, but the man had no other property. The Messenger of Allah took the slave and called (the people) for one to buy him (from the Prophet ), and he sold him.' (235) Agreed upon.

235. In the narration of Al-Bukhari, Nu'aim bin 'Abdullah bought him and paid 800 Dirhams. Scholars say that this Hadith is evidence that the ruler can sell the property of a man who is bankrupt and divide the money among his debtors or give it to him to spend (as in this Hadith).








808. Maimunah (the wife of the Prophet ) narrated that the Messenger of Allah was asked about a mouse that fell into a pot of clarified butter, and died inside it. He said,"Take out (the mouse) and what is around it, and throw it away. Then eat (the rest of) your clarified butter." Related by Al-Bukhari, Ahmad and an-Nasa'i added the following, 'in solid clarified butter'.

809. Abu Hurairah narrated that the Messenger of Allah said, "If a mouse fell into a pot of clarified butter, and the butter is solid, take it (the mouse) and what is around it out and throw it away. But if the butter was melted (i.e. in a liquid state) do not touch it (i.e. throw it all away)." Related by Ahmad and Abu Dawud. Al-Bukhari and Abu Hatim ruled it to be weak.





810, Abu Az-Zubair narrated, 'I asked Jabir about the price of cats and dogs.' He answered me, 'The Messenger of Allah rebuked that.' Related by Muslim. In a version by An-Nasa'i, he added, "Except that of a hunting dog." (236)

236. There is a consensus among the scholars about the price of the dog except the one used for hunting or guarding. They differed over the price of .a cat, but they agreed to selling it if it is used for a certain benefit.





811. 'A'ishah narrated, 'Barirah came to me and said, 'I have made an agreement with my masters to pay them nine Uqiyas (ounces, of gold) (in installments) one Uqiyah per year, so please help me (to pay the money).' 'A'ishah replied, 'I am ready to pay the whole amount now provided your masters agree that your Wala (237) will be for me.' Barirah went back to her masters and told them about that offer but they refused to accept it. She returned, and at that time. the Messenger of Allah was present (at 'A'ishah's house). Barirah said to 'A'ishah . "1 told them about the offer but they did not accept it and insisted on having the Wala for themselves.' The Prophet heard that. and 'A'ishah narrated the whole story to him. He then said to her, "Buy her and stipulate that the Wald' should be yours, as Wala' is (legally) for the manumitter," 'A'ishah did so and the Messenger of Allah stood up in front of the people, and after glorifying and praising Allah, he said. "What about the people who impose conditions which are not in Allah's Book (i ,e. contradictory to Islamic Shari'ah)? "Every condition that is not found in the Book of Allah is invalid, even if its number is one hundred. Alah's decisions are the right ones and His conditions are the firmer ones. and the Wala' is for the manumitter." Agreed upon and the wording is from Al-Bukhari.

In Muslim's version. "Buy her and manumit her, and stipulate that her Wala loyalty is yours."

237. Wala refers to the right of inheriting the property of a manumitted slave after his death. The one who has the most right to inherit from him is the one who manumitted him.






812. Ibn 'Umar narrated, "Umar prohibited selling the mothers of children (238) and said, 'She is not to be sold, given as a gift, or inherited, but her owner is to enjoy her (in sexual intercourse) as long as he lives. When he dies she becomes free.' Related by Malik and Al-Baihaqi.

238. The mother of a child is the female slave who gave birth to a child, whose father is her Master. 'I'he child is consequently free, and she is not to be sold after that.





813. Jabir narrated, 'We used to sell our slave women who are mothers of children, during the lifetime of the Prophet and he did not object to it. (239) Related by An-Nasa'i, Ibn Majah ad-Daraqutni and Ibn Hibban graded it as Sahih.

239. Iman as-San'ani in as-Subul. as·-Salam' says, that it is only 'Umar who prohibited her being sold, and it is not a consensus among the companions that she is not to be sold.





814. Jabir narrated that the Messenger of Allah prohibited the sale of excess water (240) Related by Muslim. In another narration, 'and hiring a camel to copulate with a she-camel (i.e. no money should be paid for copulation).

240. This narration refers to any water in excess of one's needs whether found in land which is not owned by anybody, or in sorneone's land, whether in a well or otherwise, as no one should prohibit others from using water which is in excess of his own need, as the Prophet said that people are partners in water, grass and fire.





815. Ibn 'Umar narrated, 'The Messenger of Allah prohibited taking fees for the copulation of an animal.' Related by Al-Bukhari.





816. Ibn 'Umar ) narrated 'The Messenger of Allah prohibited the sale called 'Habal al·Habalah,' which was a kind of dealing practice in Pre-Islamic times(Jahiliyah). A man would pay the price of a she-camel which was not yet born, but would be born by the immediate offspring of an existing she-camel.(i.e. would be the offspring of a she-camel which was still in her mother's womb)' Agreed upon, and the wording is from Al-Bukhari.





817. Ibn 'Umar narrated, 'The Messenger of Allah prohibited selling or donating the Wala' of a freed slave.' Agreed upon.





818. Abu Hurairah narrated, 'The Messenger of Allah prohibited Bai'u al-Hasah (241) (trading of a pebble), and Bai'u al-gharar.''(242) Related by Muslim.

241. A type of sale practiced in pre-Islamic periods, by which the seller throws a pebble, and sells the goods or the piece or Land etc .. on which the
pebble falls with a certain price agreed upon previously.

242. Sale involving risk or chance, i.e. the sale of what is not present at the moment.

819. Abu Hurairah narrated that the Messenger of Allah said, "If anyone buys food (grain or otherwise) he should not resell it, until he receives it (i.e. in his hand )." Related by Muslim.





820. Abu Hurairah narrated, 'The Messenger of Allah prohibited the double sale (243) (two transactions combined in one)' Related by Ahmad and An-Nasa'i. At-Tirmidhl and Ibn Hibban graded it as Sahih.

243. Scholars disagreed on what is meant by a double sale in this hadith. Some say that it is selling commodities with two prices, one immediate and another higher, which is deferred to a later time, the second included an increase for the delayed selling of a commodity over its immediate price. But most scholars refuted this opinion claiming that it is a legitimate form of sale that existed in authentic texts (selling by installIment). The second form is selling with two prices, one immediate and another higher, deferred and uncertain. The seller tells him, 'It is for such and such amount of cash and for such and such amount of delayed payment and they depart while being uncertain without having determined anything. This form is prohibited. Some scholars say that one of its forms is to make a double deal, one says I sell you my horse on the condition that you sell me your slave.




821. Abu Hurairah narrated that the Messenger of Allah said, "Whoever sells a double sale in one, will have the worst of them or (it is as if he involved himself in) Riba' (usury)." Related by Abu Dawud.






822. 'Amro bin Shuaib narrated on his father's authority who reported from his grandfather that the Messenger of Allah said, It is prohibited to have a loan combined with a sale (in one deal), (244) or having two conditions in a sale, or claiming a profit on something which is not in your possession. (245) There is no selling what is not in your possession." Related by the five Imams. At-Tirmidhi, Ibn Khuzaimah and al-Hakim graded it as Sahih.

244. The seller stipulates that the buyer gives him a loan to sell him the goods, or that the buyer borrows the money from the seller as a condition to buy his commodity.

245. As long as the goods are still in the possession of the seller, the profit belongs to him until the transaction is complete. So he is the one who gains any profit or bears any loss. The buyer cannot claim any profit until he possesses the goods.





823. 'Amro bin Shuaib narrated on his father's authority who reported from his grandfather that 'The Messenger of Allah prohibited Bai'u al- 'Urban (paying nonrefundable deposits). (246) Related by Malik.

246. It is a form of prohibited sales in which a nonrefundable deposit is paid towards the price of an item. If the buyer decides to keep it, the deposit is part of the price. but if he does not, then the seller keeps the deposit.





824. Ibn 'Umar narrated, 'I bought some oil from the market and when I came to take it, I met a man who offered me a good profit (i.e. wanted to buy it from me). When I was about to accept the deal, a man caught hold of my arm from behind. I turned around to find that the man was Zaid bin Thabit.' He said to me, 'Do not sell it where you have bought it from, (but wait) till it is in your possession, as the Messenger ofAllah prohibited that goods are sold, until the trader takes possession of them.' (247) Related by Ahmad and Abu Dawud and the wording is his. Ibn Hibban and al-Hakim graded it as Sahih.

247. Tho expression that Zaid used is until the traders take it back to their residence, but. what he really means is until they have it in their possession whether it has to be transported or taken in hand etc.





825. Ibn 'Urnar narrated, 'I said to the Messenger of Allah , "I sell camels at the market of Baqi. So, I would sell for gold (i.e. make the deal with the price set in gold or Dinars), and take silver (Dirhams) for them, or sell for silver (Dirhams) and take gold for them. I would take these for these and give these for these.' The Prophet told me, "There is no objection if the price you use is the current price (the day of making the deal) and as long as you part having settled all the deal." Related by the five Imams. Al-Hakim graded it as Sahih.

826. Ibn 'Umar narrated 'The Messenger of Allah prohibited 'Najsh' (2480 (Bidding up merchandise).' Agreed upon.

248 It is prohibited to bid up the price of a piece of merchandise that one is not interested in buying but he is only doing so to deceive another bidder who would believe that it is worth that price.





827. Jabir bin 'Abdullah narrated. 'The Messenger of Allah prohibited Muhaqalah (249), Muzabanah (250), Mukhabarah (251), Thunia (252), unless it is explicit.' Related by the five Imams except for Ibn Majab. At-Tirmidhi graded it as Sahih.

249. It means selling grain while they are still in their husk. But Jabir (the narrator) explained it as selling a sown field for a hundred Firq (16 pounds or 12 Mudd) of wheat.
250. There are various forms of this sale such as selling grapes for raisins by measure or selling dates while they are still on the palm trees, for dried dates and so on.
251. Renting land for some of its crops.
252. To sell something while excluding part of it, unless thc exception is explicit. such as selling a number of trees and excluding one. If this particular tree is identified. then it is permissible or else it is prohibited.





828. Anas narrated that the Messenger of Allah prohibited Muhuqalah,, Mukhadarah (253), Mulamasah (254), Munabadhah (255), and Muzabanah, Related by Al-Bukhari.

253. The sale of fruit or grain before they are ripe and in good condition.
254. A man selling his garment for another's man garment merely by touching it. and none of them looks at the other man's garment.
255. It means that two men cast their garments to the other to buy but without careful examination.






829. Tawus narrated on the authority of Ibn "Abbas , that the Messenger of Allah said, "Do not go out to meet caravans (on the way to make deals with them) and no townsman is permitted to sell things on behalf of a man from the desert.'' (256) I asked Ibn 'Abbas, 'What did he mean by saying 'no townsman is permitted to sell on behalf of a Bedouin.?' He replied, 'He should not be a broker for him.' Agreed upon and the wording is from Al-Bukhari'.

256 According to the majority of scholars the reason for the prohibition is the harm that affects the city dwellers from this practice, as when the Bedouin is left to sell his commodity, people will buy it at a lower price. If the city dweller sells it for him,he can only sell it at the going market rate.





830. Abu Hurairah narrated that the Messenger of Allah said, "Do not go out to meet what is being brought (for the market by the riders). If one (of the traders) is met, and some of his goods are sold. then when the owner arrives at the market, he has the choice (whether to cancel the deal or accept it)." (257) Related by Muslim.

257. The seller may find that the price he was offered outside the town is less than tbe real price, tben he has the choice to accept or cancel the deal.





831. Abu Hurairah narrated, 'The Messenger of Allah prohibited that a city dweller sells on behalf of a man from the desert, and ordered not to bid against one another, no man should outbid the selling of his brother (Muslim brother), nor propose to marry a woman whom his brother has proposed to, and no woman should ask for the divorce of her sister (in Islam) to take advantage of what is in her pot (to replace her in her life).' (2S8) Agreed upon.

In another version by Muslim, "A Muslim should not offer a price above that offered by another Muslim."

258. A Muslim woman should not ask a man to divorce his wife. so that she alone would have all the privileges that the other wife had. of having a husband. being provided with all her life expenses etc.





832. Abu Aiyub Al-Ansari narrated, 'I heard the Messenger of Allah say, "If anyone separates a mother and her child, Allah will separate him from his beloved ones on the Day of Resurrection." Related by Ahmad. At-Tirmidhi and al-Hakim graded it as Sahih but there is a weakness in its chain of narrators ..





833. Ali bin Abi Talib narrated, 'The Messenger of Allah commanded me to sell two (slaves) young brothers, so I did but I separated them (i.e, sold each to a different person). When I mentioned this to the Prophet he said, 'Search for them and bring them back, and clo not sell them except to the same person (do not separate them).' Related by Ahmad with a reliable chain of narrators. Ibn Khuzaimah, Ibn al-Garud, Ibn Hibban, ai-Hakim, at-Tabarani and Ibn al-Qattan graded it as Sahih.

834. Anas bin Malik narrated, 'The prices went up in Madinah during the time of the Prophet . People asked him' 0 Messenger of Allah! The prices went up, so please fix the prices for us.' The messenger of Allah replied, "Allah is The One Who fixes the prices, He is The Restrainer, He is the one Who Gives generously, The Sublime Sustainer, and I wish to meet Allah, the Almighty with none of you having any claim on me for any injustice regarding blood or property,' (259) Related by the five Imams except for An-Nasa'i. Ibn Hibban graded it as Sahih.

2S9. This Hadith is evidence that fixing price by authorities is an act of injustice unless there is a clear imbalance in the market, in which case authorities should interfere by applying fair measures especially when it is relevant to the essential provisions. Some scholars such as Malik said that prices should be fixed for essential provisions, while other scholars said that it is permissible to fix the prices if this is for the welfare of the people and to save them from the greed of merchants.





835. Ma'mar bin "Abdullah narrated that the Messenger of Allah said, "No one monopolizes (260) except that he is a sinner." Related by Muslim.

260. Monopolizing here refers to withholding some goods until its price goes up and then putting it out for sale.



836. Abu Hurairah narrated that the Messenger of Allah said, "Do not tie up the udders of camels and sheep (and leave them un-milked for a long time). Whoever buys such an animal (unaware of what you did) has the option after milking them, either to keep it or to return it to the owner along with one Sa of dates." Agreed upon.

In Muslim's version, "He has the choice for three days (to keep them or not)

In another version by Al-Bukhari, (Hadith Mu'allaq (261)),"He must return it along with one Sa of any grain but wheat." Al-Bukhari commented. 'But the narrations which say "with one Sa'
of dates" are more (than the other one).

261. That in which the reporter omits the whole Isnad and quotes the Prophet directly.





837. Ibn Mas'ud narrated, 'Whoever buys a sheep whose udder had been tied up, and he decides to return it, then he should give it back with one Sa. Related by Al-Bukhari. Al-IsmaiIi said, 'of dates.'





838. Abu l Hurairah narrated that the Messenger of Allah happened to pass by a pile of food (grain), and when he inserted his hand into that pile, his fingers were moistened. He said (to the seller), "What is this?" The man replied, '0 Messenger of Allah! These have been drenched by the rain.' The Messenger of Allah said, "Why didn't you place this (the damp part of the pile) at the top of the pile, so that people could see it? He who deceives is not (one) of (my followers)." Related by Muslim.





839. 'Abdullah bin Buraidah narrated on the authority of his father, that the Messenger of Allah said, "Whoever stores up grapes in their vintage season until he sells them to a wine maker, he would be putting himself into the Hellfire, while knowing the reason for being there (i.e. he knows why he is in the Hellfire)." Related by Al-Tabarani in Al-Awsat with a good chain of narrators.

840. 'A'ishah narrated. that Allah's Messenger said, Al-Kharaj; 'benefit or profit' (profit of the bought item, or befitting through using it) belongs to the buyer (the one who possesses the sold item and he holds responsibility for it)." (262) Related by the five Imams, but Al-Bukhari and Abu Dawud graded it as weak. At-Tirmidhi, Ibn Khuzaimah, Ibn al-Garud, Ibn Hibban, al-Hakim and Ibn al-Qattan graded it as Sahih.

262. The story of this hadith is that two men came to the Prophet disputing over a matter. One of'them had bought a slave boy from the other. The boy stayed with the buyer for sometime, then the buyer found a fault with the slave. He wanted to return him to the original owner, who refused to take him back claiming that the buyer had employed the slave and made use of his service. The Prophet judged that the boy should be returned to his original owner and said the above hadith 'al-Kharaj bid Daman".' Meaning that the benefit the buyer got from the slave was in return for the expenses, which the buyer would have, to pay if the sold item was damaged -after tbe buyer decides to cancel the deal and before he gives it back to the original owner- then it is the buyer who is responsible for its price, as it was in his possession. The hadith then means that the benefit or profit goes to the one who holds the responsibility of the item. i.e. profit and loss goes to the buyer as it is actually in his possession.







841. "Urwah al-Bariqi narrated, 'Allah's Messenger gave him a Dinar to buy a sacrificial animal or a sheep. He bought two sheep, and sold one of them for a Dinar. (When he returned) the Prophet invoked Allah to bless his dealings of buying and selling. It was such that if had bought (even) dust, he would have made a profit from it. Related by the five Imams except for An-Nasa'i. Al-Bukhari reported it within another Hadith.





842. At-Tirmidhi related a similar hadith on the authority of Hakim bin Hizam.







843. Abu Said al-Khudri narrated. 'The Messenger of Allah prohibited buying what is still ill the womb of the cattle until they give birth, or selling what is in their udders (until they are milked). The Prophet also prohibited buying a runaway slave(as he is not present), and prohibited buying war booty before it is divided, or buying Zakat property before it is received (by their recipients) and prohibited buying the lucky stroke of a diver (without knowing what he will come out with). Related by Ibn Majah, Al-Bazzar and Ad-Daraqutni with a weak chain of narrators.





844. Ibn Mas'ud narrated that the Messenger of Allah said, 'Do not buy fish before they are caught, as it involves Gharar (sale involving risk or a chance)." Related by Ahmad, who said that it is most probably Hadith Mawquf.






845. Ibn 'Abbas narrated that the Messenger of Allah prohibited the sale of fruit until it is ripe, or to sell fur (of camels and goats) which have not yet been shorn, or milk which is still in the udder.' Related by A!-Tabarani in 'Al-Awsat and by ad- Daraqutni.






846. Abu Hurairah narrated that the Messenger of Allah prohibited selling the womb of female cattle and the sperm in the backs of male camels.' Related by Al-Bazzar with a weak chain of narrators.






847. Abu Hurairah (RAA) narrated that the Messenger of Allah said, "Whoever helps in the revocation of a contract (between two Muslims to settle their disputes), Allah, the Almighty will save him from slipping on the Day of Resurrection.' Related by Abu Dawud.