Chapter 06- Bankruptcy and Hajr

278. Suspension of dealings for the insane and children ..



886. Abu Bakr bin 'Abdur Rahman narrated on the authority of Abu Hurairah ,'We heard the Messenger of Allah say, "If a creditor finds the very piece of goods (which he sold) with a man who went bankrupt, he is more entitled to take them back than anybody else." Agreed upon.






887. Abu Dawud and Malik transmitted on the authority Abu Bakr bin 'Abdur Rahman in a Hadith Mursal, "If anyone sells goods on credit to a man who went bankrupt, and has not
paid him any of the price of the goods, then if the very piece of goods (which he sold) are with that man, he is more entitled to take them back (than anybody else). And if the buyer dies, the owner of tbe goods is then equivalent to the other creditors (i.e, he is no more entitled than them in taking his goods back)."







888. Abu Dawud and Ibn Majah related the same Hadith on the authority of 'Umar bin Khaladah, 'We went to Abu Hurairah to tell him about one of our friends who had gone bankrupt. He said, "I shall certainly judge among you with the same judgment of the Prophet ,"If anyone becomes bankrupt or dies and the owner of the goods flnds the very piece of goods which he sold, he is more entitled to take them back (than anybody else)!' It was rendered as weak by Abu Dawud, but al-Hakim graded it as Sahih.






889. 'Amro bin ash-Sharid narrated on the authority of his father that the Messenger of Allah said, "Lingering in paying back a due debt (by one who can afford to pay), justifies his defamation and punisbment," Related by Abu Dawud and An-Nasa'i. Ibn Hibban graded it as Sahih.






890. Abu Said al-Khudri narrated,'A man suffered loss in fruit that he had bought, and owed the seller a large amount of money so that he became bankrupt. The Messenger of Allah said, "Give him Sadaqah (charity)." People paid him charity, but that was not enough to pay his debt. The Messenger of Allah said to his creditors, "Take what you find, and that is all you may have." Related by Muslim.






891. Kab bin Malik narrated on the authority of his father , 'The Messenger of Allah suspended the property of Mu'adh (prohibiting him from making any deals) and sold it to repay a debt that was due on him.' Related by Ad-Daraqutni and was graded as Sahih by Al-Hakim.






892. Ibn Umar narrated, 'I was presented to the Prophet on the Day of Uhud, when I was fourteen years of age (to ask him for permission to fight with the men), but he did not allow me (to take part in the battle). I was again called on the Battle of al-Khandcq (the Trench) when I was fifteen years old, and he allowed me (to take part in the battle)."(279) Agreed upon.

Al-Baihaqi's version has, 'He did not allow me as he did not see that I have attained puberty.' Ibn Khuzaimah graded it as Sahih.

279. Scholars deduced from this Hadith that fifteen is the age limit between childhood and manhood and that anyone who has not attained the age of fifteen, is not allowed to be in charge of his money or make any business dealings.






893. Atiyah al-Quradhi narrated, 'We were brought to the Prophet on the Day of Quraidhah. Those who had begun to grow (pubic) hair were killed, and those who had not grown hair, were set free. I was among those who had not grown any (pubic) hair, so Iwas set free.' Related by the four Imams and rendered as Sahih by Ibn Hibban and Al-Hakim.






894. 'Amro bin Shuaib narrated on the authority of his father on the authority of his grandfather that the Messenger of Allah said, "It is not permissible for a woman to give (any part 0f her possessions) except with the permission of her husband."

In another version, "It is not permissible for a woman to be in cbarge of any of her property if her husband bas the full right to divorce her. (280) Related by Ahmad and the authors of
the Sunan except for At-Tirmidhi. Al-Hakim grated it as Sahih.

280. Imam al-Khattabi said that this is not an obligation on the woman, rather it is just preferable due to the joint life between them to take his permission, or that this is only relevant to a woman who has not reached puberty. This is supported by the Hadith, which relates that the Prophet said to the women (on the Day of Al-Adha). "Give Charity" and the women straight away started to throw their jewelry to the Prophet whether ear-rings. rings etc and Bilal was collecting them in his garment, and this is considered as giving of their property without the permission of the husband, end this is the opinion of the scholars.






895. Qabisah bin Mukhariq narrated that the Messenger of Allah said, "Asking for (the money of) Zakat, is justified only for the following three: first, a man who is in debt, it is then permissible for him to receive [Zakah) until his difficulty is resolved; second, a man who was struck by calamity wbich destroyed his holdings, which also makes it
permissible for him to receive (Zakah) until he is in a position to earn his own sustenance; and third, a man who has been reduced to poverty and three persons of caliber from among his people testify to his desperate situation, will receive until he finds for himself a means of support," Related by Muslim,