Paper Money

12 02 2010

Paper Money: A Legal Judgment
by Umar Ibrahim Vadillo
04/11/2004
The first aspect of arriving at a judgment is to understand the subject matter, in this case what paper money is. After that we can look at the Qur’an and the fiqh.
Paper money has evolved in nature through history. What we know today as paper money is not what it used to be. This evolution has passed through basically three stages:
1] A promissory note backed by gold or silver.
2] A process of unilateral devaluation leading to a complete revocation of the contractual agreement.
3] A piece of paper not backed by any specie, whose legal value is determined by the compulsion of the State Law.
Let us examine these three stages one by one.
1. Firstly, paper money was issued by banks and it represented a certain amount of gold or silver, known as the ‘specie’. Even though it never was 100% backed by the specie, the issuing bank was obliged to pay the amount on demand. In this sense it represented a kind of debt.
When paper money was a debt, was it acceptable? What issues concerning Islamic Law are relevant?
At this stage a certain amount of gold was held by typically a banking institution and it issued a paper certificate giving the owner the right to withdraw the specie on demand. (We will ignore the fact that this was a banking institution and it would have been dealing with Riba. We will pretend that they did not deal with interest in order to concentrate on the issue of paper money itself.)
A) The first issue that arises is the one of amana (trust): Your gold is in trust with a treasurer. What does Islamic Law have to say on this issue? Allah ta’ala says in the Qur’an in Surat al ‘Imran (3, 74):
Among the People of the Book there are some who,
if you trust them with a pile of gold,
will return it to you.
But there are others among them who,
if you trust them with a single dinar,
will not return it to you,
unless you stay standing over them.
That is because they say,
“We are under no obligation
where the gentiles are concerned.”
They tell a lie against Allah and they know it.

The hukum (legal judgment or command) of this ayat, according to Qadi Abu Bakr ibn al-Arabi in his ‘Ahkamul Qur’an’, is as follows:
“It is forbidden for Muslims to have amana with the kuffar outside Dar al-Islam,”
that is, “without standing over them” under the power of a Muslim authority. And the explanation for this is found in the ayat itself: “That is because they say ‘we are under no obligation,’ that is to say, because they can/will repudiate the agreement. Since this has been proven to be historically the case, we may conclude that this is of vital importance.
What this means is that it is not acceptable for Muslims to have money deposited with kuffar anywhere since we do not have a Dar al-Islam in which to exercise ‘standing over them’. A lighter interpretation would suggest that it would be acceptable to have amana with a kafir if the deposits are under the power of a Muslim authority. We accept the latter version. But what it categorically denies is the possibility of having amana with the kuffar when the wealth is stored under kafir authority.
We can conclude that when paper currencies—dollars, pounds, francs, etc.—were a debt, because the specie they represented was stored in trust away from our control, they could not be accepted by us, since we would fear that they would repudiate the agreement—as in fact later happened.
B) Now, assuming that the amana is under a Muslim authority, the second issue that arises is whether the promissory note can in itself be treated as money. In other words, whether the note can be used as a medium of exchange according to Islamic Law.
In this case the law of ‘transfer of debts’ becomes relevant. According to the School of the Amal of Madinah we find the following judgment and explanation in the Muwatta of Imam Malik:
Malik said, “One should not buy a debt owned by a man whether present or absent, without the confirmation of the one who owes the debt, nor should one buy a debt owed by a dead person even if one knows what the deceased man has left. That is because to buy it is an uncertain transaction and one does not know whether the transaction will be completed or not.”
He also said, “The explanation of what is disapproved of in buying a debt owed by someone absent or dead is that it is not known which unknown debtors may have claims on the dead person. If the dead person is liable for another debt, the price which the buyer gives on strength of the debt may become worthless.”
Malik said, “There is another fault in that as well. He is buying something which is not guaranteed for him, and so if the deal is not completed, what he has paid becomes worthless. This is an uncertain transaction and it is not good.”
The general idea is that in order to transfer a debt the original issuer of the debt (the person who has the obligation) must guarantee the value of the debt to the transferee (the person receiving the note). Thus, the first contract is liquidated and a new private contract is created. Debt is always kept as a private contract between the parties. It does not circulate without the creation of a new private guarantee (a new contract). The reason is that the person who has issued the debt may have more obligations than he can fulfil.
How would this injunction have applied when paper money was issued by the banks as a debt? Since every bank—and this is the whole idea of credit money—issued more obligations than the amount that they held in specie, it would not be acceptable to use any of its notes for trading. The reason is, that the person would be accepting a debt that is not guaranteed for him, especially when it is known that it cannot be guaranteed for him since the issuer (the bank) has more obligations than what it can fulfil. If every depositor in the bank were to demand the value of their notes, as is the case in a ‘run on the bank’, the bank would be unable to fulfill its obligations.
Conclusion. When money was a debt, in Islamic Law you would not have been allowed to use it. You would not be allowed to use a dollar, or a pound, or any note, whether it came from a kafir bank or a Muslim-owned bank, whether the specie was stored in a kafir country or in a Muslim country. Banking notes are not permitted to circulate.
But if the note is issued not by a bank, but instead by a person, and that person is present and can privately guarantee the physical possession of the goods, can in this case the note be transferred, sold or circulate in general? What aspects of the Law are relevant to the analysis of this case?
Again we have to go to the transfer of debts. What is relevant here is: what is the specie that is held as guarantee for the obligation? In other words, what is the specie of the note? If the obligation is in gold (money) then another set of restrictions come into place. If it is food then, again, another set of restrictions come into place. This is because gold, silver and food have a particular significance to trading—they are commonly used as a medium of exchange. The case is the following:
In the chapter called Money-Changing of the Muwatta of Imam Malik we read:
“Yahya related to me from Malik from Ibn Shihab from Malik ibn Aws ibn al Hadathan an-Nasri that he once asked to exchange 100 dinars. He said, ‘Talha ibn ‘Ubaydullah called me over and we made a mutual agreement that he would make the exchange with me. He took the gold and turned it about in his hand and then said, “I cannot do it until my treasurer brings the money to me from al-Ghaba.” ‘Umar ibn al-Khattab was listening and ‘Umar said, “By Allah! Do not leave him until you have taken it from him!” Then he said, “The Messenger of Allah, may Allah bless him and grant him peace, said, ‘Gold for silver is usury except hand to hand. Wheat for wheat is usury except hand to hand. Dates for dates is usury except hand to hand. Barley for barley is usury except hand to hand.’””
The first restriction is that you cannot use the gold or food in an exchange (sarf) unless the specie is physically present there. You cannot use the claim of gold or food stored with a treasurer. The items exchanged have to be present.
This matter rules out any possibility of using paper notes representing gold or silver to buy physical gold or silver. In addition, the exchange of paper notes with other paper notes is prohibited because it is Debt-for-Debt.
This prohibition of using promissory notes in an exchange is further reinforced by the following words:
Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad said, “‘Umar ibn al-Khattab said, ‘A dinar for a dinar, and a dirham for a dirham, and a sa’ for a sa’. Something to be collected later is not to be sold for something at hand.’”
Yahya related to me from Malik that Abu’z-Zinad heard Sa’id al Musayyab say, “There is usury only in gold or silver or what is weighed and measured of what is eaten and drunk.”
All this clearly indicates that not only gold and silver but also any food that could be used as payment is included in the prohibition, that is to say, the prohibition extends to any form of ‘common money’. Any note that represents any form of ‘common money’ cannot be used in an exchange. With that restriction in mind, it means that a banking note cannot really be used as money, but only as a private contract—which is the basis of our argument.
But what about a note held by a Muslim treasurer and guaranteed: can it be used in a transaction other than an exchange? Can it be used, for example, to buy other goods in the market?
“Yahya related to me from Malik that he had heard that receipts (sukukun) were given to people in the time of Marwan ibn al-Hakam for the produce of the market of al-Jar. People bought and sold the receipts among themselves before they took delivery of the goods. Zayd ibn Thabit and one of the Companions of the Messenger of Allah, may Allah bless him and grant him peace, went to Marwan ibn Hakam and said, “Marwan! Do you make usury halal?” He said, “I seek refuge with Allah! What is that?” He said, “These receipts which people buy and sell before they take delivery of the goods.” Marwan therefore sent guards to follow them and take them from people’s hands and return them to their owners.”
This means that you cannot use a promissory note and use it for trading as if it were money. The purpose of the promissory note is not to be money, but to be a private contract that must remain private and not public.
So, what is the use of the promissory note? What is the halal usage of it? It is halal to have a contract or a debt, and it is also halal to transfer that debt, provided that the person who issued it is accessible and can guarantee the payment of the debt by signing a new contract (promissory note) with the new recipient. If the guarantor is not a Muslim, then in addition to what we have said, he also has to have his amana within Muslim territory and under the overall supervision of an enforcing Muslim authority.
2. The second stage refers to the process of those years in which paper money was constantly devalued from its initial obligation (they paid less than they had promised), up until the debt was finally completely revoked (they withdrew their obligation). This final elimination of the obligation took place with the dollar in 1973, when Nixon unilaterally revoked the obligation of paying one ounce of gold for every 35 dollars.
What is the Islamic position regarding a promissory note when one of the parties unilaterally revokes its obligation, whether it is complete or partial? That is to say, what is the Islamic ruling when a debt is unilaterally revoked or devalued?
It is not acceptable. It is a violation of the contract. If this is done with premeditation and no responsibility is accepted, it amounts to pure theft. Theft is punishable in Islam.
To use the note to transfer it to other people, falls under all the restrictions that we have expressed before, with an added element. You are dealing with the promissory note of a known thief who does not admit his guilt or past obligations.
3. Finally we arrive at the money which we have today. There is no promise of payment in specie of any kind. It only has a legal value based on the obligation of the citizens of the country to accept the national currency as a means to redeem debts. This is the ‘Law of Legal Tender’. It gives the State the unique ability to confiscate anyone’s wealth within the nation and to pay for it in compensation with its own legal note.
Is this an acceptable means of payment in Islam?
Imam Malik said money is “any merchandise commonly accepted as a medium of exchange.” This implies two things:
A) Money has to be a merchandise. Therefore it could be paper. But paper only for the value of the paper itself, not for what is written on it. Money must be something tangible (‘ayn). Money cannot be a liability of any kind.
B) Money must be commonly accepted. Therefore it cannot be imposed. No-one can say it is obligatory on you. No-one can even make the Gold Dinar obligatory on the people. The Gold Dinar and the Silver Dirham become a currency out of free choice, not as the result of decree. Paper money is imposed on people. This obligation is not accepted in Islam for two further reasons:
—The fraudulent nature of the offer: they oblige you to accept something above its value (its real value is zero).
—The obligation of the offer: you are obliged to accept it whether you like it or not.
This unlawful behaviour is further reinforced by the application of State laws that restrict the use of any other merchandise as a means of payment, thus enforcing the State monopoly on the currency, particularly in regard to gold and silver. Gold and silver are either taxed, or their use is regulated and sometimes disallowed. In some extreme cases we have seen gold confiscated by law from the private citizens, as has been the case in the USA.
Final conclusion
Paper money is not valid money in Islamic Law, whether in its present form or in any of the forms in which it has existed in the past. The Shari‘ah money is the Gold Dinar and the Silver Dirham. Any merchandise commonly accepted as a medium of exchange is also accepted as a valid money in Islam.
Umar Ibrahim Vadillo

UANG FIAT

Pada artikel sebelumnya, telah diceritakan sejarah awal tentang uang kertas yang dibackup oleh emas. Walaupun terdapat berbagai detil sejarah yang tidak dicantumkan, pada intinya, sampai tahun 1971, seluruh negara di dunia menggunakan sistem uang kertas berbasis emas (atau dolar, karena dolar menjadi mata uang kunci yang dikaitkan kepada emas).

Pada tahun 1971, hal yang jauh lebih buruk terjadi. Sistem uang kertas dilepas dari emas sehingga menjadi benar2 “uang kertas”. Kertas yang dianggap sebagai uang dan TIDAK DIBACKUP APAPUN. Inilah yang disebut dengan uang fiat (fiat money).

Semua bermula dari dibatalkannya perjanjian Bretton Wood oleh Amerika. Perjanjian Bretton Wood dimulai tahun 1945. Perjanjian ekonomi ini dilakukan setelah Perang Dunia ke-2. Pada masa itu, akibat perang, negara2 di Eropa mengalami kebangkrutan/defisit finansial akibat pembiayaan perang. Sebaliknya Amerika Serikat (AS) memiliki cadangan emas yang luar biasa melimpah. Senilai $25 Milyar. Karena kekayaan melimpah tersebut, AS dgn leluasa membuat perjanjian Bretton Wood yang pada intinya adalah mengkaitkan nilai dolar senilai $1=1/35 ons emas, serta menjadikan dollar sebagai mata uang kunci di dunia sehingga semua negara wajib menggunakan dollar atau emas sebagai devisa. Sebagai tambahan, dalam masa ini, rakyat AS DILARANG mengklaim/menukar dolar-nya dengan emas. Emas dari klaim dollar hanya boleh beredar antara bank central dan pemerintah negara. Emas kini menjadi uang antar pemerintahan.

Selama beberapa waktu sistem ini bertahan dan berjalan lancar. Namun seperti biasa, KETAMAKAN dan KESERAKAHAN itu datang. AS yang kaya raya memiliki ruang untuk melakukan kebijakan yang inflatif, mulai mencetak dollar melebihi jumlah cadangan emasnya. Selama beberapa waktu, hal ini terjadi, efek inflasi yang dihasilkannya membuat beberapa negara Eropa khawatir apakah AS dapat membayar emas-nya. Dimulai oleh Perancis yang mulai mengklaim emas atas cadangan dollar yang dimilikinya, negara2 lain pun mulai ikut mengklaim emas mereka sehingga emas pun mengalir dari AS ke negara2 lain.

Selama beberapa tahun, kejadian ini membuat stok emas AS menipis hingga tersisa sekitar $9Milyar. Dengan cadangan yang berkurang jauh tersebut, AS khawatir mereka tidak dapat lagi memenuhi janjinya untuk membayar 1 ons emas dengan harga $35, karena banyaknya jumlah dollar yang beredar. Apalagi negara2 lain terus mengklaim emas mereka.

Akhirnya, pada tahun 1971 AS secara sepihak membatalkan perjanjian Bretton Wood dan mulai menetapkan kebijakan uang fiat. Uang fiat ini, karena sejatinya tidak bernilai dan tidak ada yang mau menggunakannya, maka dibuatlah Undang2 yang disebut Legal Tender. Undang2 yg memaksa rakyat suatu negara untuk menerima penggunaan uang fiat. Kebijakan uang fiat tersebut akhirnya diikuti pula oleh seluruh negara di dunia. Seluruh mata uang resmi negara di dunia sekarang ini adalah uang fiat yang sama sekali tidak dibackup berdasarkan apa pun, kecuali kekuatan politik dan militer negara tsb.

Kesimpulan:
1. Lagi2, semua berawal dari KETAMAKAN, KESERAKAHAN, dan PENIPUAN (pelanggaran perjanjian). Sistem yang dibuat berdasarkan kebohongan, hanya akan bertahan dengan membuat kebohongan2 lain. InsyaAllah runtuh saat kebohongan itu terkuak.

2. Uang kertas yang kita miliki, baik secara fisik maupun catatan di Bank, sejatinya tidak bernilai apa2. Tanpa adanya paksaan Legal Tender, orang waras tidak akan mau menggunakannya. Saat pemerintah atau Bank Sentral mengatakan nilai uang tersebut dipotong, atau dianggap tidak memiliki nilai, kita tidak dapat berbuat apa2.

Bergeraklah!! Beritahukan sejarah jahat uang yang kita miliki ini kepada semua yang Anda sayangi! Mulailah perubahan. Jangan diam saja. Selama akar kejahatan zaman ini tidak dibasmi, kebijakan apapun hanya akan menjadi solusi tambal sulam yang tidak berguna.
Diposting oleh Wakala Sauqi di 10:32 PM

UANG FIAT

Pada artikel sebelumnya, telah diceritakan sejarah awal tentang uang kertas yang dibackup oleh emas. Walaupun terdapat berbagai detil sejarah yang tidak dicantumkan, pada intinya, sampai tahun 1971, seluruh negara di dunia menggunakan sistem uang kertas berbasis emas (atau dolar, karena dolar menjadi mata uang kunci yang dikaitkan kepada emas).

Pada tahun 1971, hal yang jauh lebih buruk terjadi. Sistem uang kertas dilepas dari emas sehingga menjadi benar2 “uang kertas”. Kertas yang dianggap sebagai uang dan TIDAK DIBACKUP APAPUN. Inilah yang disebut dengan uang fiat (fiat money).

Semua bermula dari dibatalkannya perjanjian Bretton Wood oleh Amerika. Perjanjian Bretton Wood dimulai tahun 1945. Perjanjian ekonomi ini dilakukan setelah Perang Dunia ke-2. Pada masa itu, akibat perang, negara2 di Eropa mengalami kebangkrutan/defisit finansial akibat pembiayaan perang. Sebaliknya Amerika Serikat (AS) memiliki cadangan emas yang luar biasa melimpah. Senilai $25 Milyar. Karena kekayaan melimpah tersebut, AS dgn leluasa membuat perjanjian Bretton Wood yang pada intinya adalah mengkaitkan nilai dolar senilai $1=1/35 ons emas, serta menjadikan dollar sebagai mata uang kunci di dunia sehingga semua negara wajib menggunakan dollar atau emas sebagai devisa. Sebagai tambahan, dalam masa ini, rakyat AS DILARANG mengklaim/menukar dolar-nya dengan emas. Emas dari klaim dollar hanya boleh beredar antara bank central dan pemerintah negara. Emas kini menjadi uang antar pemerintahan.

Selama beberapa waktu sistem ini bertahan dan berjalan lancar. Namun seperti biasa, KETAMAKAN dan KESERAKAHAN itu datang. AS yang kaya raya memiliki ruang untuk melakukan kebijakan yang inflatif, mulai mencetak dollar melebihi jumlah cadangan emasnya. Selama beberapa waktu, hal ini terjadi, efek inflasi yang dihasilkannya membuat beberapa negara Eropa khawatir apakah AS dapat membayar emas-nya. Dimulai oleh Perancis yang mulai mengklaim emas atas cadangan dollar yang dimilikinya, negara2 lain pun mulai ikut mengklaim emas mereka sehingga emas pun mengalir dari AS ke negara2 lain.

Selama beberapa tahun, kejadian ini membuat stok emas AS menipis hingga tersisa sekitar $9Milyar. Dengan cadangan yang berkurang jauh tersebut, AS khawatir mereka tidak dapat lagi memenuhi janjinya untuk membayar 1 ons emas dengan harga $35, karena banyaknya jumlah dollar yang beredar. Apalagi negara2 lain terus mengklaim emas mereka.

Akhirnya, pada tahun 1971 AS secara sepihak membatalkan perjanjian Bretton Wood dan mulai menetapkan kebijakan uang fiat. Uang fiat ini, karena sejatinya tidak bernilai dan tidak ada yang mau menggunakannya, maka dibuatlah Undang2 yang disebut Legal Tender. Undang2 yg memaksa rakyat suatu negara untuk menerima penggunaan uang fiat. Kebijakan uang fiat tersebut akhirnya diikuti pula oleh seluruh negara di dunia. Seluruh mata uang resmi negara di dunia sekarang ini adalah uang fiat yang sama sekali tidak dibackup berdasarkan apa pun, kecuali kekuatan politik dan militer negara tsb.

Kesimpulan:
1. Lagi2, semua berawal dari KETAMAKAN, KESERAKAHAN, dan PENIPUAN (pelanggaran perjanjian). Sistem yang dibuat berdasarkan kebohongan, hanya akan bertahan dengan membuat kebohongan2 lain. InsyaAllah runtuh saat kebohongan itu terkuak.

2. Uang kertas yang kita miliki, baik secara fisik maupun catatan di Bank, sejatinya tidak bernilai apa2. Tanpa adanya paksaan Legal Tender, orang waras tidak akan mau menggunakannya. Saat pemerintah atau Bank Sentral mengatakan nilai uang tersebut dipotong, atau dianggap tidak memiliki nilai, kita tidak dapat berbuat apa2.

Bergeraklah!! Beritahukan sejarah jahat uang yang kita miliki ini kepada semua yang Anda sayangi! Mulailah perubahan. Jangan diam saja. Selama akar kejahatan zaman ini tidak dibasmi, kebijakan apapun hanya akan menjadi solusi tambal sulam yang tidak berguna.
Diposting oleh Wakala Sauqi di 10:32 PM
Label: sejarah
KETETAPAN HUKUM ATAS
UANG KERTAS
oleh Prof. Umar Ibrahim Vadillo

Dapat disimpulkan bahwa uang kertas –dollar, pounds, franc, dan lain lain– merupakan hutang, karena specie yang mereka wakili disimpan di tempat yang jauh dari kendali kita, hal ini tidak dapat kita terima, karena dikhawatirkan mereka akan menanggalkan perjanjiannya –yang ternyata terbukti dikemudian hari.

Hal pertama yang muncul saat membuat keputusan adalah untuk memahami subjek permasalahannya, dalam kasus ini uang kertas. Setelah itu kita dapat menentukan referensinya melalui al-Qur’an dan fiqh. Uang kertas telah berevolusi seiring dengan sejarah. Apa yang kita kenal hari ini sebagai uang kertas tidak seperti uang kertas sebelumnya. Pada dasarnya evolusi ini telah melewati tiga tahap:
1. Nota janji pembayaran yang di backup oleh emas dan perak.
2. Proses devaluasi unilateral yang mengarah pada pembatalan sepenuh- nya dari kontrak perjanjian pembayaran.
3. Selembar kertas yang tidak di backup oleh specie -alat tukar sejati, yang nilai legalnya ditentukan oleh pemaksaan Hukum Negara.
Mari kita telusuri tiga tahap ini satu-persatu.

Pertama
Pada awalnya, uang kertas diedarkan oleh oleh bank dan mewakili sejumlah emas atau perak, dikenal sebagai ‘specie’. Meskipun sebenarnya ‘specie’ tidak dibackup 100% dengan specie, pengedarannya oleh bank mewajibkan bank membayar sekian jumlah specie saat ditagih. Dalam hal ini uang kertas atau ‘specie’ mewakili sekian jumlah hutang.

Saat uang kertas berperan sebagai hutang, dapatkah ia diterima? Peredaran yang bagaimana yang relevan dengan Syariat Islam?

Pada tahap ini sejumlah emas dimiliki secara tipikal oleh institusi perbankan yang mengedarkan sertifikat bagi pemiliknya untuk menarik sejumlah specie saat diminta. (Kita akan mengabaikan fakta bahwa institusi perbankan merupakan institusi Riba. Kita anggap bank tidak berhubungan dengan bunga untuk berkonsentrasi pada pada pengedaran uang kertas itu sendiri.)

A) Pengedaran pertama yang muncul adalah amanah (kepercayaan) seseorang: emas anda dipercayakan pada seorang bendahara. Apa hukumnya dalam Islam mengenai hal ini? Allah subhanahu wa ta’ala berfirman dalam al-Qur’an dalam surat al-‘Imran (3:74):
Diantara Ahli Kitab terdapat sebagian orang yang, bila kamu percayakan atas mereka sejumlah emas, mereka akan mengembalikannya padamu.

Namun terdapat sebagian diantara mereka yang, bila kamu percayakan atas mereka satu dinar, mereka tidak akan mengembalikannya padamu,

kecuali jika kamu terus berdiri atas mereka.
Itu dikarenakan mereka berkata; “Kami tidak memiliki kewajiban atas orang orang ummi.” Mereka berkata bohong pada Allah padahal mereka mengetahuinya.
Hukum –atau perintah– dalam ayat ini, menurut Qadi Abu Bakr ibn al-Arabi dalam ‘Ahkamul Qur’an’, adalah sebagai berikut:
“Adalah haram bagi Muslim untuk percaya (amanah) pada Kuffar diluar Dar al-Islam,
yaitu, “tanpa ada dominasi atas mereka” dibawah kekuasaan otoritas Muslim. Sebagai penjelasan dari ini, dapat ditemukan dalam ayat itu sendiri: “Dikarenakan mereka akan berkata, ‘kami tidak memiliki kewajiban … ,'” dengan kata lain, mereka dapat/akan menanggalkan perjanjiannya. Sebagaimana hal ini telah dibuktikan oleh sejarah, maka dapat kita simpulkan bahwa hal ini merupakan permasalahan vital yang penting.

Arti dari semua ini adalah tidak dapat diterima bagi Muslim untuk menyimpan/menabung kekayaannya pada kuffar dimanapun dikarenakan kita tidak memiliki Dar al-Islam sebagai ‘dominasi atas mereka’. Dengan penafsiran singkat, diperbolehkan untuk memberi amanah pada seorang kafir bila dilakukan dibawah naungan otoritas Muslim. Pada versi ini kita dapat menerimanya. Namun yang termasuk kategori ditolak adalah memberikan amanah pada kuffar saat kekayaan disimpan dibawah otoritas kafir.

Dapat disimpulkan bahwa uang kertas –dollar, pounds, franc, dan lain lain– merupakan hutang, karena specie yang mereka wakili disimpan di tempat yang jauh dari kendali kita, hal ini tidak dapat kita terima, karena dikhawatirkan mereka akan menanggalkan perjanjiannya –yang ternyata terbukti dikemudian hari.

B) Sekarang, diasumsikan amanah berada dibawah otoritas Muslim, permasalahan kedua yang timbul adalah mengenai nota janji bayar (uang kertas) yang diperlakukan sebagai uang. Dengan kata lain, apakah uang kertas dapat diterima sebagai alat tukar menurut Syariat Islam.

Dalam kasus ini hukum ‘perpindahan/transfer hutang’ menjadi relefan. Berdasarkan Madzab Amal Madinah kita mendapatkan ketetapan berikut ini dan penjelasannya dalam Kita Al-Muwatta Imam Malik:

Imam Malik berkata, “Seseorang tidak sepatutnya membeli hutang yang dimiliki orang lain baik mereka itu hadir maupun tidak, tanpa konfirmasi dari pemilik hutang terlebih dahulu, tidak juga membeli hutang dari orang yang telah wafat meskipun dia mengetahui almarhum telah tiada. Itu dikarenakan untuk membelinya merupakan transaksi yang tidak pasti dan orang lain tidak mengetahui apakah transaksi itu akan selesai atau tidak.”

Ia juga mengatakan, “Penjelasan mengenai apa yang tidak disetujui dalam penjualan hutang yang dimiliki orang yang tidak hadir atau mati adalah tidak diketahui penghutang yang mana yang meng-klaim terhadap orang mati tersebut. Bila orang yang mati tersebut memiliki hutang yang lain, harga yang diberikan oleh pembeli hutang sebagai kekuatan hutang dapat hilang.”

Imam Malik mengatakan, “Terdapat juga cacat lainnya dalam hal itu. Dia membeli sesuatu yang tidak dijaminkan baginya, demikian juga bila transaksi belum terpenuhi, apa yang dibayarkannya menjadi tidak bernilai. Hal ini merupakan transaksi yang tidak jelas dan itu tidak baik.”

Gagasan dasar dalam pemindahan hutang dari pengedar hutang asli (orang yang memiliki kewajiban membayar hutang) harus menjamin kekuatan harga dari hutangnya kepada transferee (orang yang menerima nota hutang). Sehingga, kontrak hutang pertama dilikuidasi dan kontrak hutang baru dibuat tersendiri . Hutang selalu dianggap sebagai kontrak pribadi antara dua pihak, tidak bersirkulasi tanpa membuat jaminan pribadi baru (kontak hutang baru). Alasannya adalah orang yang mengedarkan hutang bisa saja mempunyai kewajiban (obligasi) baru lainnya diluar kesanggupan untuk memenuhi kewajibannya.

Bagaimana praktek ini bisa diterapkan saat uang kertas diedarkan oleh bank sebagai hutang? Karena Bank –dan ini menjadi sumber gagasan uang kredit– mengedarkan lebih banyak obligasi (kewajiban membayar hutang) dibandingkan jumlah yang mereka simpan sebagai specie, akan tidak dapat diterima bila nota ini dipergunakan dalam perdagangan. Alasannya adalah, orang penerima hutang yang tidak dijaminkan baginya, terutama karena mengetahui obligasi tidak dijaminkan untuknya karena pengedarnya (bank) memiliki kewajiban lebih banyakdari yang bisa ditanggungnya. Jika semua depositor pada suatu bank menagih nilai (kekayaan, specie) mereka, seperti yang terjadi saat ‘rush perbankan’, bank tidak akan dapat memenuhi tanggung jawab membayar kewajibannya.

Kesimpulan: Saat hutang berperan sebagai alat tukar (uang), dalam Syariat Islam kita tidak diperbolehkan mempergunakannya. Maka kita tidak diperbolehkan mempergunakan dollar, pond, euro atau nota lainnya, baik yang datang dari bank kafir maupun bank milik-Muslim, baik specie-nya disimpan dalam negeri kafir ataupun dalam negeri Muslim. Nota perbankan tidak diperbolehkan untuk beredar. Bagaimana bila nota tersebut tidak diedarkan oleh bank melainkan oleh orang yang hadir dan dapat secara pribadi menjamin pemilikan fisik barang, dalm kasus ini dapatkah nota hutang dialihkan, dijual atau beredar secara umum? Apsek Syariah apa yang relevan untuk menganalisa kasus ini?

Kembali kita harus memasuki permasalahan peralihan hutang. Yang relefan disini adalah: kekayaan real apa yang harus dimiliki sebagai jaminan kewajiban bayar (obligasi)? Dengan kata lain, apa kekayaan dibalik nota hutang? Bila obligasi dalam emas (uang) maka aturan pembatasan lainnya diperlukan. Bila obligasi dalam makanan, kembali, aturan pembatasan lainnya diperlukan. Ini dikarenakan emas, perak dan makanan memiliki pengaruh yang signifikan dalam perdagangan –mereka umumnya dipergunakan sebagai alat tukar. Kasus ini meliputi:

Dalam bab Pertukaran-Uang dalam kitab Muwatta Imam Malik kita dapatkan:
“Yahya meriwayatkan padaku dari Malik dari Ibn Syihab dari Malik ibn Aws ibn al-Hadasyan an-Nasri bahwa ia pernah ditanya mengenai pertukaran 100 Dinar.

Ia berkata,`Talha ibn ‘Ubaydullah memanggilku dan kami melakukan kesepakatan bahwa kami akan melakukan pertukaran. Ia mengambil emasnya dan memegangnya ditangannya dan berkata, “Aku tidak bisa melakukan pertukaran sebelum bendaharaku membawa uang untukku dari al-Ghaba.”

‘Umab ibn al-Kattab mendengarnya dan ‘Umar berkata, “Demi Allah! Jangan meninggalkannya sampai engkau mengambil uang darinya!”

Kemudian ia berkata, “Rasulullah, sallallahu alayhi wa sallam, berkata ‘Emas ditukar perak adalah Riba kecuali dari tangan-ke-tangan. Kurma ditukar kurma adalah Riba kecuali dari tangan-ke-tangan. Gandum ditukar gandum adalah Riba kecuali dari tangan-ke-tangan.'””
Pembatasan pertama adalah kita tidak dapat menggunakan emas atau makanan dalam pertukaran (sarf) kecuali barangnya secara fisik ada di sana. Kita tidak diperkenankan mengklaim emas atau makanan yang disimpan di bendahara atau orang lain. Barang yang ditukarkan harus ada.

Persoalan ini mencegah kemungkinan penggunaan uang kertas yang mewakili emas atau perak hari ini untuk membeli fisik emas dan perak. Sebagai tambahan, pertukaran nota kertas dengan nota kertas lainnya juga dilarang karena merupakan Hutang-untuk-Hutang.

Pelarangan penggunaan nota janji bayar dalam pertukaran (jual-beli) lebih lanjut diperkuat dengan keadaan berikut:
Yahya meriwayatkan padaku dari Malik bahwa ia mendengar bahwa al-Qasim ibn Muhammad berkata, “‘Umar ibn al-Khattab berkata, `Dinar untuk dinar dan dirham untuk dirham dan sa’ untuk sa’. Suatu yang akan diambil kemudian tidak untuk dijual dengan sesuatu yang di tangan.'”

Yahya meriwayatkan padaku dari Malik bahwa Abu’z-Zinad mendengar Sa’id al-Musayyab berkata, “Riba terdapat hanya dalam emas dan perak atau apapun yang ditimbang dan diukur oleh makanan dan minuman.”
Semua ini dengan jelas menunjukkan bahwa bukan hanya emas dan perak saja tapi juga makanan yang menjadi ukuran pembayaran termasuk dalam larangan, dengan kata lain, larangan ini meluas menjadi bentuk ‘alat tukar umum’ apapun. Nota apapun yang mewakili ‘alat tukar umum’ tidak dapat dipergunakan dalam pertukaran. Dengan acuan pembatasan tersebut, berarti nota perbankan tidak dapat digunakan sebagai uang/alat tukar, melainkan hanya sebagai kontrak pribadi –yang mendasari argumen kita.

Bagaimana dengan nota yang dipegang oleh bendahara Muslim dan dijamin: dapatkah dipergunakan dalam transaksi selain pertukaran? Dapatkah nota itu digunakan sebagai, contohnya, untuk membeli barang-barang di pasar?
“Yahya meriwayatkan padaku dari Malik bahwa ia mendengar tanda terima/kwitansi (sukukun) dibagikan pada penduduk pada masa Marwan ibn al-Hakam untuk barang di pasar al-Jar. Penduduk membeli dan menjual kwitansi diantara mereka sebelum mereka mengambil barangnya.

Zayd ibn Tsabit bersama seorang Sahabat Rasulullah, sallallahu alayhi wa sallam, pergi menghadap Marwan ibn al-Hakam dan berkata, “Marwan! Apakah engkau menghalalkan Riba?” Ia menjawab, “Naudzubillah! Apakah itu?” Ia berkata, “Kwitansi-kwitansi ini yang dipergunakan penduduk untuk berjual-beli sebelum menerima barangnya.”

Marwan kemudian mengirim penjaga untuk mengikuti mereka dan mengambilnya dari penduduk kemudian mengembalikannya pada pemilik aslinya.”
Berdasarkan peristiwa tersebut, berarti kita tidak dapat mempergunakan surat janji bayar dan menggunakannya untuk berjual-beli layaknya uang. Tujuan dari surat janji bayar adalah bukan sebagai uang, tetapi sebagai kontrak pribadi yang harus tetap pribadi, bukan kontrak umum.

Lalu apa fungsi dari nota janji bayar? Bagaimana cara penggunaannya yang halal?

Adalah halal untuk membuat kontrak atau hutang, juga dihalalkan pemindahan dari hutang tersebut, dengan syarat pelakunya dapat dijangkau dan dapat menjamin pembayaran hutangnya dengan membuat kontrak baru (nota janji baru) dengan penerima baru. Bila penjamin bukan seorang Muslim, maka sebagai tambahan dari yang telah kita bahas, dia harus orang yang amanah dalam wilayah Muslim dan sepenuhnya dibawah pengawasan otoritas Muslim yang berwenang.

Kedua
Tahap kedua menunjuk pada masa proses dimana uang kertas secara konstan ter-devaluasi dari fungsi dan kewajiban awalnya (bank membayar lebih kecil dari kewajiban yang dijanjikan sebelumnya), sampai titik dimana hutang sepenuhnya dibatalkan dari pembayaran (bank meninggalkan kewajibannya). Ini merupakan eliminasi terakhir dari obligasi yang terjadi terhadap US dollar pada tahun 1973, ketika presiden Nixon secara sepihak mencabut kewajiban membayar satu ounce (31.1 gram 24 karat emas) untuk setiap 35 US dollar.

Bagaimana dalam Islam posisi nota janji bayar saat salah satu pihak secara sepihak mencabut kewajibannya, baik sepenuhnya ataupun parsial? Dengan kata lain, bagaimana hukumnya dalam Islam saat hutang dicabut atau di-devaluasi secara sepihak?

Hal ini tentu saja tidak dapat diterima dan merupakan pelanggaran atas perjanjian. Bila dilakukan sebelumnya dengan perantaraan dan tidak ada yang bertanggung jawab atasnya, maka jumlah yang hilang adalah murni pencurian. Pencurian terkena hukuman dalam Islam.

Penggunaan nota bayar yang dialihkan pada orang lain, terbatas pada yang telah kita nyatakan sebelumnya, dengan elemen tambahan. Anda berurusan dalam surat janji bayar dengan pencuri terkenal yang tidak akan mengakui kesalahannya dimasa kini dan dimasa lalu.

Ketiga
Pada akhirnya kita sampai pada uang yang kita miliki saat ini. Tidak ada janji pembayaran dalam specie atau apapun bentuknya. Hanya nilai legal berdasarkan kewajiban warga-negara untuk menerima mata uang nasional sebagai sarana penebus hutang. Disebut juga ‘Hukum Legal Tender’. Legal Tender memberi kemampuan unik pada Negara untuk menyita kekayaan seseorang dalam wilayah negara dan memberikan nota legal sebagai kompensasinya.

Dapatkah sarana pembayaran ini diterima dalam Islam?

Imam Malik mengatakan;
“Uang adalah komoditas yang secara umum diterima sebagai media pertukaran.”
Hal ini disebabkan oleh dua hal:
1. Uang haruslah suatu komoditas dagang. Termasuk juga kertas, namun dinilai dari harganya (nilai intrinsik) bukan berdasarkan apa yang tertulis. Uang harus sesuatu yang berwujud nyata/tangible (‘ayn). Uang tidak dapat mewakili sesuatu yang lain dari dirinya.

2. Uang harus diterima secara umum. Sehingga tidak ada paksaan didalamnya dan tidak boleh penggunaannya menjadi kewajiban bagi kita. Bahkan pemakaian Dinar Emas sebagai uang-pun tidak diperbolehkan untuk menjadi kewajiban masyarakat. Dinar Emas dan Dirham Perak merupakan uang pilihan bebas, bukan merupakan hasil dari ketetapan atau paksaan. Sedangkan uang kertas merupakan pemaksaan atas masyarakat. Kewajiban pemakaian ini tidak diperbolehkan dalam Islam karena dua sebab:
• Kecurangan dalam penawaran: bank mengharuskan penerimaan sesuatu diatas nilainya (nilai asli kertas adalah nol).
• Kewajiban dari penawaran: bank mengharuskan penerimaannya, baik disukai maupun tidak disukai.
Hal ini merupakan perbuatan yang tidak adil dan diperkuat lagi dengan dukungan hukum Negara yang membatasi penggunaan komoditas lain sebagai sarana pembayaran, khususnya terhadap emas dan perak. Pemakaian emas dan perak sebagai uang antara dikenakan pajak, terkena regulasi bahkan terkadang dilarang. Dalam kasus ekstrim kita dapatkan emas pribadi akan disita dari warga negara berdasarkan undang-undang, sebagaimana yang terjadi di USA.

Kesimpulan Terakhir
Uang kertas bukan uang yang sah menurut Syariat Islam, baik pada saat ini maupun yang telah lalu. Uang yang sesuai Syariat Islam adalah Dinar Emas dan Dirham Perak. Komoditas apapun yang umum diterima sebagai alat tukar dapat diterima sebagai uang yang sah dalam Islam.

Welcome to the Liberty Dollar: Remember when gas was only 25-cents a gallon? You could take a dollar down to the gas station and buy four gallons for a buck! At that time our dollar was backed by silver – real money. Guess what? That same amount of silver still buys four gallons of gas today! That just proves that real money like gold and silver holds its value and it is the US dollar that buys less and less. As a matter of fact, when you think about it, you realize that gas, food, and almost everything else has NOT gotten more expensive. It only seems that way because the value of the US dollar is worth less and less so it takes more and more of them to buy the same goods and services. Most people think prices have gone up, but actually: it is the value of the US dollar that has gone down. Luckily, there is a simple and profitable solution to higher inflation – good old-fashioned, gold and silver Liberty Dollars, just as our Founding Fathers intended. Look at these charts by the US government.

The national debt has climbed to alarming levels since the Federal Reserve was created in 1913.
Source: U.S. Treasury, Bureau of the Public Debt

As a result, the Federal Reserve Note (US dollar) has lost 96% of its purchasing power since 1913.
Source: U.S. Dept, of Labor, Bureau of Labor Statistics, CPI

Look at these graphs. As the National Debt has risen, the Purchasing Power of your “money” has lost. In fact since 1913, when the Federal Reserve was created by Congress, your money has lost 96% of its purchasing power due to inflation. The more “money” the Federal Reserve creates – the less your “money” buys. It is the Federal Reserve who creates inflation when it issues US dollars backed by government debt.
From 1913 to 2001, the national debt grew to $6 trillion in 88 years. In the next three years it increased a trillion to $7 trillion dollars in 2004. In the following years it increased approximately a trillion per year. Now the national debt is over $11 trillion dollars! It has almost DOUBLED in only eight years! And the government now projects to add TWO or THREE trillion dollars to the national debt in 2009 alone!!
The acceleration of our national debt is very dangerous and warning you that your money is rapidly losing its purchasing power. Fortunately there is a simple and profitable solution to the mounting inflation – good old-fashioned gold and silver money. Now you can profit from the coming hyperinflation with the “inflation proof” Liberty Dollar!

My 25 Years at the Mint
Hi. My name is Bernard von NotHaus. I was so concerned about what was happening to our “money” that I created the Liberty Dollar. For 25 years, I was the Mintmaster at the Royal Hawaiian Mint and devoted those years to the study of money, why it is valuable, and how we use it to fulfill our dreams. I wanted to create a totally new inflation proof currency based on precious metals. That quest was completed on October 1, 1998 when the Liberty Dollar was first issued.
Years later I have created this website so you can take control of your money and profit from inflation. Of course, this is a big job, so I am asking for your help. The best part is that it is fun to use Liberty Dollars that protects and grows the purchasing power of your money!
So please remember, the Liberty Dollar is a private voluntary barter currency. It is not government money so it is not intended to be used as “Legal Tender”, “Current Money” or a “Coin”.

Inflation Proof Money – At a Discount!
Yes, Hawaii is a wonderful place but raising a family in the high-priced Islands was tough. It just wasn’t gasoline that was expensive, everything was expensive! I know how difficult it is to provide for a family. And after you retire, it is even worse on a fixed income! US dollar backed only by government debt is bad for everyone! That’s why I created the Liberty Dollar.
If someone gave you a choice between a stack of ordinary ten-dollar bills and a stack of ten-dollar bills that were printed on the back with a coupon for 5 gallons of gasoline, good at any gas station in the country, which would you choose?
The first stack is just dollar bills. The second stack is also dollar bills, or if gas prices go up, you can use the back of the bills and fill your tank.
You’d have to be crazy to take the first stack! Right? Why not get the benefits of a negotiable currency coupled with the redeemability for a useful commodity, in this case, gasoline? If gas prices go up, you win while everyone else complains about the high cost of gas! If prices don’t rise, you still have your ten-dollar bills!
For that reason, I am pleased that the Liberty Dollar is already the second-most popular and the fastest-growing currency in America! It’s real gold and silver instead of being backed by national debt like the US dollar. When you hold the Liberty Dollar, you own the silver. When you pay with Liberty Dollars, they now own silver. Pretty neat, huh?
On the other hand, when you hold US dollars, you own debt that you will eventually have to repay. When you give US dollars to someone as payment, they now have debt. Ouch!

100% Gold & Silver
The Liberty Dollar is private voluntary barter currency (PVBC). It is inflation proof currency and devoid of debt and does not cause our national debt to go up when you use it. In contrast, every Federal Reserve Note that is created adds to our national debt. The Liberty Dollar is a currency of, by and for the people.
Liberty Dollar unites everybody who is concerned about their money: liberals, conservatives, minorities, libertarians, and greens are all enthusiastic about the Liberty Dollar. Anything with such wide appeal must be good.
Liberty Dollar protects you and helps your local economy thrive and prosper. Liberty Dollars spent in your community tends to stay in your community while the US dollars tend to get sucked out to New York banks or big box retailers.
Liberty Dollar helps educate people about money, a topic most people simply never consider. The facts about money are simple. You either have it or you don’t. When the government makes money out of thin air that steals your purchasing power and is bad for you, your business and the country.

Works Just Like US Dollars
Just as FedEx brought competition to the Post Office and became wildly successful, the Liberty Dollar emulates the same model by offering an inflation proof currency. Now you can become successful too.
The Liberty Dollar brings free enterprise to the creation of money. Doesn’t it just make sense that when the underlying commodity increases in value, shouldn’t the purchasing power of the currency increase in value? YES! And that is exactly what has happened to the Liberty Dollar. In 2004 the currency Moved Up from the $10 Silver Base to the new $20 Silver base and all Liberty Dollars DOUBLED in value. Just imagine, while your US Dollars are losing purchasing power, the Liberty Dollars are appreciating in value and rewarding everyone who has them!
Plus the Liberty Dollar is easy for merchants and customers to use because it functions dollar-for-dollar with the US dollar and its “unit of account” is identical.
Local merchants find the Liberty Dollar particularly beneficial, because it is profitable, circulates freely, builds traffic, grows their business, and increases customer loyalty.
The Liberty Dollar was specifically designed to circulate in the local community for the advantage of the local economy so it may not be deposited into a bank. That way it cannot be whisked away, and remains in your community and circulates for the good of both the merchants and consumers.

Time For a New Dollar
With the US dollar losing value at an alarming rate and more bailouts with much higher National Debt on the way right, now is the time to take monetary matters into your own hand and protect your money… before it is too late!
Just look at these advantages to using the Liberty Dollar:
First, it’s FUN. You’ll have merchants asking lots of questions, friends gathering around to see the currency, and you can become an expert on money – all by getting some Liberty Dollars.
Second, it’s good for your community. As a community currency, Liberty Dollars don’t disappear, so when you spend them, they stay in the local economy.
Third, using the Liberty Dollar will attract new business, generate advertising, and build a loyal customer base around the Liberty Dollar! And by giving out the Liberty Dollar in change, you can earn more!
The many benefits to using the Liberty Dollar include:
Economic stability
Prosperity for people
Freedom from inflation
Safer storage of value
Greater financial privacy
Trusted basis for saving
Pride of truly owning your own money
Better control of your finances
Enhancing local self-reliance
Encourages ecological sustainability
Stimulates local economies and employment
Profitability for people, not banks
Independence from current banking system
Improved social and political systems
Prevents large-scale, systemic failure
Disciplined government growth and control
A stronger community for family and business
Provides a solution to economic and social difficulties
Insulates local economies from national economic trends
Allows a community or a region to set its own standards
Protection against a manipulated monetary system
Protection from the next national monetary crisis
Greater protection of individual rights and liberties
Returns the monetary power to the people
Provides a financial deterrent to war
Here’s what people who use the Liberty Dollar are saying:
As the noted author on the Federal Reserve, G. Edward Griffin, said: On page 573 of “The Creature from Jekyll Island”, I wrote that before we could abandon Federal Reserve Notes, we first had to be able to convert them into real money. I said: “That means we must create an entirely new money supply which is 100% backed by precious metal; and we must do so in a reasonably short period of time.” Well you have to be careful what you recommend, because Bernard von NotHaus did exactly that. And although I initially thought there were too many obstacles, to my surprise, the more I studied the details of his plan, the more convinced I was that by Jove, it just might work! My business, The Reality Zone, is a Liberty Associate, and I urge you to get in on the ground floor and join this growing group of concerned Americans as a Liberty Dollar Users!

REAL Money You Can Trust
Which would you rather have a currency that has a proven history of depreciation or a currency that has appreciated 500% over the past ten years? NOW is the time to take action to protect your purchasing power and profit from hyperinflation!
Plus a national network of thousands of Liberty Associates, Merchants and Regional Currency Offices already exists to assist you in using the Liberty Dollar. Today there are over 250,000 people using $40 million Liberty Dollars. And every day it continues to grow to meet the challenge of the depreciating US dollar. There is probably someone near you already. Now you can protect your money and profit. You and your family need not be at risk of a currency crisis because the Liberty Dollar provides guaranteed protection because it’s real gold and silver!
Please Contact Us…
Time is critical as the price of silver changes all the time. Luckily the price of silver is still low and affords an excellent entry level. Order today so your money will be protected tomorrow. The Liberty Dollar – private voluntary barter currency – provides a peaceful, proven, positive REAL money solution that actually pays you to use it. Plus you can earn more money, do good, and have fun with the Liberty Dollar.
If you have any problems or wish to speak to someone, please call 1.888.LIB.DOLLAR or 888.421.6181. If the lines are busy, please leave a message or email us at Info@LibertyDollar.org and we will contact you ASAP.
Please keep in mind that when you order online you will get the fastest service and you don’t have to wait for the arrival of your order to start having fun!
I look forward to getting an email from you. I want to hear how you used the Liberty Dollar and add your Success Story to our list. Even though I get an enormous amount of mail, please write to me. I love hearing every Success Story when you use the Liberty Dollar.
Sincerely,

Bernard von NotHaus
Monetary Architect
Bagian 1. Pertama-tama sekali!

Tahukah Anda bahwa dalam hukum, ketika Anda menabung di bank, Anda adalah KREDITOR (pemberi hutang) dan bank adalah DEBITOR (pengutang)? Ya, bank dalam transaksi ini, dalam hukum disebut sebagai DEBITOR. Sederhana-nya, bank meminjam uang Anda.

Tetapi Bank berkelakuan seperti Tuhan Yang Maha Kuasa! Inilah kejahatan psikologis tentang kepercayaan/amanah yang telah dilakukan oleh Bank sejak pertama kalinya diciptakan.

Kata “con” adalah singkatan dari “confidence”. Dan penipu kepercayaan/amanah (confidence trickster -pent) adalah seseorang yang menyalahgunakan kepercayaan Anda padanya. Bankir, khususnya bankir investasi, adalah penipu kepercayaan/amanah yang tak tertandingi.

INGAT BAIK-BAIK KONSEP DASAR INI DALAM BENAK ANDA KARENA INI ADALAH HAL MENDASAR DALAM KONSEP “FRACTIONAL RESERVE BANKING”.

Sebagai tambahan, ingatlah kutipan dari Presiden HW Bush (1992) kepada jurnalis Sarah McClendon:

Kalau rakyat Amerika tahu apa yang telah kami lakukan, kami mungkin akan dikejar2 di jalanan dan dihukum mati.

Bagian 2. Tabungan

Telah kita ketahui bahwa ketika Anda menyimpan uang di Bank, apakah itu dalam tabungan, atau deposit box, itu artinya Anda menyimpan uang kas milik Anda.

Hasil dari tabungan Anda adalah bunga yang dibayar oleh Bank dalam tingkat yang biasa dilakukan.

Cara lain untuk memahami transaksi ini (dengan cara yg benar) adalah bank meminjam uang dari Anda dan sebagai biaya sewa penggunaan uang tersebut maka bank membayar “bunga” kepada Anda.

Tabungan adalah hal yang fundamental dalam perbankan. kasarnya, jika tidak ada tabungan, maka tidak ada perbankan. Dengan bahasa sederhana dan sangat jelas, jika Anda dan semua nasabah bank berhenti menabung di bank, bank TIDAK PUNYA UANG UNTUK DIPINJAMKAN – TIDAK ADA UANG UNTUK MENCIPTAKAN HUTANG.

INGAT BAIK-BAIK KONSEP DASAR INI DALAM BENAK ANDA KARENA INI ADALAH HAL MENDASAR DALAM KONSEP “FRACTIONAL RESERVE BANKING”.

Bagian 3. Fractional Reserve Banking

Menciptakan Uang dari Udara Kosong/Kehampaan.

Secara hukum, semua bank wajib menjaga/menyimpan sejumlah uang yang ditabung oleh nasabah sebagai “Reserves/Cadangan” untuk berjaga-jaga apabila ada nasabah yang mengambil uangnya. Jumlah dari cadangan tersebut adalah FRACTION/BAGIAN dari TOTAL TABUNGAN yang dimiliki nasabah. Bank Sentral dari setiap negara yang menentukan jumlah cadangan ini, misalnya 10% dari total tabungan.

Dengan demikian, jika cadangannya 10%, bank yang menerima tabungan sebesar RM (Ringgi Malaysia-pent) 1.000,- cukup menyimpan RM 100 sebagai cadangan. Bank tersebut dapat meminjamkan sisanya sebesar RM 900 kepada orang2 yang mencari pinjaman. Bank dapat melakukan hal ini, karena bank tahu bahwa dalam waktu yang bersamaan, tidak semua nasabah akan mengambil semua tabungannya.

Inilah “Fractional Reserve Banking”. Bank meminjam TABUNGAN Anda dan meminjamkannya ke orang-orang yang mau berhutang untuk keperluan bisnis mereka, membayar biaya sekolah anak-anak, mebeli rumah, dll.

Silakan baca Bagian 1 kembali.

Saat Anda menabung sebesar RM 1.000 di “Bank Terpercaya”, bank membayar Anda bunga, misalkan 3%. Ketika Bank meminjamkan uang Anda ke A sebesar RM900, bank mengenakan bunga misalkan 7%. Keuntungan yang diperoleh bank adalah selisih dari tingkat bunga tersebut yaitu 4%.

Nah sekarang kalikan nilai tersebut beberapa juta kali dan Anda dapat melihat berapa banyak uang yang telah digaruk bank dari tabungan Anda.

Bagian 4. Hutang dan Menciptakan Uang dari Kehampaan.

Ini adalah bagian yang paling menyenangkan dan inilah sebabnya mengapa bank menyukai HUTANG.

Misalkan uang Anda yang sejumlah RM 900 telah dipinjamkan oleh Bank kepada A (berhutang RM900), yang menggunakan uang tersebut untuk membayar B. B kemudian menyimpan/menabung uang tersebut (RM900) ke bank yang sama (“Bank Terpercaya”) atau ke “Bank Kuat”.

Dengan menggunakan prinsip cadangan sebagian (fractional reserve) tadi, sejumlah RM 90 akan disimpan sebagai cadangan. Jika B menabung di “Bank Terpercaya”, maka bank tsb dapat meminjamkan lagi uang senilai RM 810 kepada C. Sebaliknya, jika B menabung di “Bank Kuat”, maka “Bank Kuat” dapat meminjamkan RM 810 kepada nasabahnya.

Silakan ambil sepotong kertas, dan perlahan-lahan hitunglah setiap kali uang dipinjamkan ke peminjam.

Anda segera akan menemukan bahwa uang Anda yang asalnya RM 900 telah membesar berlipatganda menjadi pinjaman senilai ribuan ringgit kepada berbagai peminjam dalam bank yang berbeda.

Dan itu baru uang Anda sebesar RM 900. Berhenti sejenak dan berfikirlah. Uang sebesar RM 900 adalah sesuatu yang nyata. Kemudian, dengan menggunakan sihir Fractional Reserve Banking, uang yang sama menjelma menjadi ribuan melalui ribuan hutang.

Bagian 5 – Lebih Banyak Hutang, Lebih Banyak Uang yang Dapat Diciptakan.

Sesuai contoh dalam Bagian 4, ketika ada tabungan yang berlimpah, bank memiliki uang lebih banyak untuk dipinjamkan.

Tetapi bank, khususnya bank di USA dan Eropa, tidak puas dengan keuntungan ini. Mereka ungin keuntungan yang jauh lebih banyak.
Maka mereka menciptakan cara baru untuk menciptakan uang selain cara tradisional yang disebutkan sebelumnya.

Cara paling efisien dan mematikan adalah MENCIPTAKAN HUTANG.

Cerita tentang “Joe Six-Packs”.

Joe adalah seorang pekerja yang setelah bekerja selama 10 tahun, membeli sebuah rumah seharga US$100.000 dan telah bekerja keras untuk membayar cicilan rumah dengan periode 15 tahun.

Sepanjang periode cicilan tersebut, harga rumahnya naik dan sekarang bernilai $US160.000.

Temannya, seorang Bankir, menggunakan promosi licik dan “layanan pribadi” membujuk Joe untuk mengambil “pinjaman konsumtif” sebesar US$50.000 untuk merenovasi rumahnya dan membeli mobil ke-2 untuk istrinya. Keraguannya hilang saat manajer bank berkata bahwa rumahnya memiliki nilai $US160.000 dan nilai kekayaannya dalam rumah tersebut lebih dari sebagai jaminan pinjaman. Bunga pinjaman cukup rendah, pada tingkat yang menggoda sebesar 2% dan baru setelah tahun ke-3 tingkat bunganya disesuaikan ke tingkat yang lebih tinggi yaitu 4%. Joe diyakinkan bahwa gajinya cukup untuk membayar cicilan pinjaman tersebut.

[Lihat lagi Bagian 4. sekarang hitung bagaimana pinjaman sebesar $50.000 ini dengan efek bola salju berlipatganda menjadi ribuan pinjaman]

Kemudian bankir tersebut, mendekati Joe kembali dengan promosi licik meyakinkannya bahwa status kekayaannya sangat bagus sehingga dia berhak memperoleh kartu kredit, dengan batasan kredit $US30.000 yang dapat dia gunakan untuk liburan dan membeli cincin berlian untuk istrinya tercinta. Kenapa tidak! Masih ada sisa kekayaan pada rumahnya yang cukup untuk menjamin pinjaman tersebut.

Segera beberapa waktu kemudian, Joe menyadari bahwa gajinya tidak mencukupi untuk membayar cicilan pinjaman dan pelunasan tagihan kartu kredit. Seperti menyiram bensin ke api, semenjak Desember 2006, harga rumah turun dan rumahnya yang tadi dihargai $US160.000 sekarang dihargai $US120.000 dan terus turun.

Bank telah memberikan peringatan tentang penyitaan barang jaminan apabila pinjaman tidak dapat dibayar dan dinyatakan bangkrut.

Mimpi buruk Joe baru saja dimulai…

Kalikan skenario di atas beberapa juta kali dan Anda akan dapat membayangkan kekacauan dalam perumahan di USA dan sepanjang Eropa.

Bagian 6. Tidak ada Tabungan, Hutang Bertumpuk.

Selama bertahun-tahun, US memiliki tabungan negatif. Karena tidak ada tabungan (simpanan di bank), maka uang Bank untuk dipinjamkan berkurang.

Mereka menggunakan penciptaan hutang di atas sebagai penolong untuk mendapatkan keuntungan jahat.

Hutang-hutang ini dijamin dengan barang jaminan seperti skenario Joe di atas. Pinjaman dan barang jaminan ini kemudian dikemas bersama dan dipasarkan melalui SIV, CDO, CLO, ABCP dll kepada investor, hedge fund, dan sejenisnya. Kemudian, dibagi-bagi lagi sedemikian rupa sehingga semua pihak kehilangan jejak terhadap jaminan awal atau harga aslinya. Hal ini mencapai tingkatan dimana disadari bahwa “surat hutang” tersebut hanyalah selembar kertas, kurang terjamin, bahkan tidak terjamin sama sekali.

Ketika Joe dan jutaan peminjam lainnya bangkrut, dan dengan turunnya harga rumah, bank menyadari bahwa mereka memiliki aset yang tidak cukup untuk melindungi keadaan mereka, lebih buruk lagi tidak ada pembeli untuk membeli aset mereka.

Bagian 7. Masalahnya bukanlah Kekurangan Likuiditas

Masalah yang dihadapi oleh bank-bank dan Bank Sentral bukanlah kurangnya likuiditas.

Masalah fundamental dan kenapa krisis tidak dapat diperbaiki adalah:

PARA PEMINJAM TELAH BANGKRUT.

ASET ATAU JAMINAN TIDAK CUKUP UNTUK MENUTUPI KERUGIAN BANK.

TIDAK ADA TABUNGAN, JADI PENCIPTAAN UANG MELALUI JALUR INI TIDAK DAPAT DILAKUKAN.

TIDAK ADA HUTANG YANG DAPAT DIBUAT KARENA HARGA BARANG JAMINAN JATUH DENGAN CEPAT.

PINJAMAN JELEK HARUS DIPUTIHKAN

KEWAJIBAN TELAH MELAMPAUI ASET BANK. OLEH KARENA ITU BANK JUGA BANGKRUT

KEMUDIAN, JUMLAH CADANGAN YANG DIGUNAKAN UNTUK DIAMBIL OLEH PEMILIK TABUNGAN TIDAK MENCUKUPI.

DARI HAL INI, KEYAKINAN BAHWA TIDAK ADA KRISI BANK ADALAH UNTUK MENCEGAH “BANK RUN”, SEPERTI YANG TERJADI DI U.K.

UANG KERTAS YANG DIPOMPA OLEH THE FED DAN BANK-BANK SENTRAL DI EROPA TIDAK MEMILIKI EFEK KARENA NILAI KEWAJIBAN YANG DIMILIKI BANK ADALAH TRILIUN-AN ($US), SEDANGKAN NILAI ASET HANYALAH BEBERAPA RATUS MILYAR ($US). KEWAJIBAN MELAMPAUI ASET.

TIDAK ADA LAGI HUTANG YANG DAPAT DIBUAT KARENA JUTAAN ORANG SEPERTI JOE TIDAK DAPAT MEMINJAM LAGI (WALAUPUN MEREKA INGIN) KARENA MEREKA TIDAK PUNYA KEKAYAAN SEBAGAI JAMINAN DAN TIDAK PUNYA TABUNGAN UNTUK MEMBAYAR HUTANG LAMA DAN BARU.

DALAM SATU KATA:

BANGKRUT.

USA TELAH BANGKRUT.

BANK-BANK DI USA TELAH BANGKRUT.

BANK-BANK DI EROPA TELAH BANGKRUT.

Inilah alasan utama kenapa pada 12 Desember 2007, The Fed, ECB, adn Bank sentral kunci di Eropa bersama-masa menyuntikkan US$ 65 MILYAR ke dalam perbankan global. Satu-satunya hal yang sama terjadi adalah pada 11 September 2001.

Sampai 12 Desember 2007, The FED dan ECB telah memompakan uang sebesar US$500 milyar (setengah trilyun) dan tidak ada pengaruh yang nampak terhadap krisis. pada 12 Desember 2007, usaha bersama the FED, ECB, dan Bank Sentral Erropa lainnya memompa US$65 milyar bersama dengan pengurangan 25 basis poin rate The Fed Fund dan The Fed Discount sedikit pun tidak berpengaruh. Justru hal sebaliknya terjadi. Krisis semakin parah.

Inilah pertanda yang sangat jelas bahwa hari perhitungan akan segera datang (global financial tsunami-pent). Kencangkan ikat pinggang Anda. Akan ada badai di 2008.
Diposting oleh Wakala Sauqi di 2:21 PM
Label: bank
The Book of Transactions (Kitab Al-Buyu`)

INTRODUCTION
Honesty in commercial dealings is more strictly enjoined by Islam than by any other religion. It is because Islam is a religion which regulates and directs life in all its departments. It is not to be regarded, like the modern man’s religion. as a personal, private affair, which has nothing to do with his economic and political life. It is not merely a body of dogmas or a bundle of rites and rituals; it is a practical code which governs life in all its spheres. Its laws are as effectively operative in our commerce and politics as in our domestic life and social relations. Islam censures political chicanery and economic exploitation as strongly as social excesses and individual dishonesty. Indeed, a true Islamic society is based upon honesty, justice and fraternity, and is absolutely intolerant of dishonesty in all its various forms. That is the reason why perfect honesty in business and truthfulness in trade are much emphasised by the Holy Prophet (may peace be upon him). It will not be an exaggeration to say that absolute honesty in business and commerce is really an Islamic concept. The Hindus and Jews were (and still, are) worshippers of the Mammon. Both of them have been mercenary nations, notorious for their greed. The pre-Islamic Christians. too, did not possess any high standard of business morality. It was Prophet Muhammad (may peace be upon him) who, on the one hand, urged his followers to adopt trade as their profession, and, on the other band, exhorted them to observe truthfulness and honesty in their business transactions.
Islam lays the greatest emphasis on Qat Haldl (food earned through lawful means). The pious among us believe that just as nasty food spolis our physical health, similarly. food earned through unlawful means spoils our spiritual and moral health. A man who liver on income derived through illicit means and fraudulent practices cannot be morally advanced and spiritually elevated. If we try to comprehend the exact, implications of the term Haram (unlawful) we can form an idea of the high standard of morality on which Islam wants us to conduct our business. And, if business is conducted strictly in accordance with the Islamic principles of commerce, there can be absolutely no scope for any kind of commercial dishonesty varying from the simplest and most glaring type of business fraud to the most cunning and subtle type of profiteering which is often masked under a semblance of honesty.
Islam is most vehement in its condemnation of commercial dishonesty. It denounced, in the strongest possible terms, all sorts of deceitful dealings and illegal profits. It has disallowed all transactions not based upon justice and fairplay The Holy Prophet (may peace be upon him), while reprimanding the dishonest dealer, said:” Laisa minna man gashshdna” (Whosoever deceives us is not one of us).
According to Imam Ghazali, a Muslim who makes up his mind to adopt trade as a profession or to set up his own business should first acquire a thorough understanding of the rules of business transactions codified in the Islamic Shari’ah. Without such understanding he will go astray and fail into serious lapses making his earning unlawful. No people in the world have ever attached so much importance to lawful trading as did the early Muslims, nor has any other nation evinced such a dread of unlawful trading as they did. That is why al-Ghazali said stress on a clear understanding of the rules and laws governing business transactions as a necessary prerequisite to adopting trade or business as a profession.
The Holy Qur’an has stressed the importance of fairness in business:” And, O my people, give full measure and weight justly, and defraud not men of their things, and act not corruptly in the land making mischief. What remains with Allah is better for you, if you are believers” (xi. 85-86).
In these words addressed by Hadrat Shu’aib to his people, the Holy Qur’an enunciates the fundamental principles of commerce as follows
To give just measure and weight.
Not to withhold from the people the things that are their due.
Not to commit evil on the earth with the intent of doing mischief.
To be contented with the profit that is left with us by God after we have paid other people their due.
We are told in these verses that commerce can flourish under conditions of peace and security. The people are, therefore, warned not to disturb the peace of the land so that there is a free and untrammelled trade between different parts of the world. In commercial relations we are expected to be absolutely just and honest, liberally giving other people their due. We are not to be guilty of selfish greed and not to indulge in profiteering; and we are told that the lawful profit which has God’s blessings is the one that we are able to make through perfectly honest dealings with others. The injunctions contained in these Qur’anic verses and found elsewhere in the Holy Book close the door of all dishonest and unjust transactions. We should not forget that justice is a master virtue. If we give others just measure and just weight that tantamounts to saying that we should be fair and just in our dealings.
A careful study of” Kitab al-Buyu`” (the book pertaining to business transactions) will reveal the fact that the Holy Prophet (may peace be upon him) based business dealings strictly on truth and justice. He has strongly disapproved all transactions which involve any kind of injustice or hardship to the buyer or the seller. He wanted that both, the buyer and the seller, should be truly sympathetic and considerate towards each other. One should not take undue advantage of the simplicity or ignorance of the other. The seller should not think that he has unrestricted liberty to extort as much as possible from the buyer. He has to be just; he should take his own due and give the buyer what is his.
Islam, which condemns every kind of injustice and exploitation in human relations, wants its followers to conduct business in a sublime spirit of justice tempered with human kindness. The conduct of the seller in a transaction should be characterised not only by Insaf (justice), but also by Ihsan (magnanimity).” God will forgive the sins of a Muslim who absolves a fellow-Muslim from a sale-contract not liked by the latter,” says the Holy Prophet (may peace be upon him).
All transactions should be based on the fundamental principle of” Ta’auanu ala birri wa’t-taqwa” (mutual co-operation for the cause of goodness or piety). A transaction not based upon this sound principle is not lawful. Unlawful transactions are motivated by lust for money and an ignoble desire to build up prestige. Islam strikes at the root of the passion for money and suggests a different yardstick to measure the prestige of a person. The Holy Qur’an, on the one hand, condemns hoarding and the excessive love for wealth, and, on the other, declares virtue and piety to be the criterion for determining a person’s worth.” Inna akramakum `ind-Allahi atqakum” (The noblest in the eyes of God is the most pious among you). Thus does Islam minimise in every possible way the temptation to illegal trade and traffic. Let us now take note of the forms of business transactions which have been prohibited in Islam. The Holy Prophet (may peace be upon him) has not only disapproved of certain forms of business transactions, but has also laid down some basic conditions that should be fulfilled in every transaction if it is to be lawful.
The following are some of these basic conditions:
Things sold and money offered as their price to be lawfully acquired. The things sold and the money to be offered as their price should both be lawfully acquired and clearly specified. This condition demands that the goods sold should have been lawfully obtained. One has no business to sell goods which one has stolen or which one has acquired in a fraudulent manner. nor should one purchase anything with the money which one has accepted as illegal gratification or has aceuired in some other deceitful way. This condition holds the buyer and the seller responsible for lawful possession of the goods on the partof one and of the money on the part of other.
Goods not to be sold before obtaining their possession. The Holy Prophet (may peace be upon him) has warned the Muslims against indulging in forward transactions which means selling goods before obtaining their possession.” Whoever buys cereals shall not tell them until he has obtained their possession,” says the Holy Prophet (may peace be upon him). According to Ibn ‘Abbas, what applies to cereals also applies to other categories of goods. On another occasion the Holy Prophet (may peace be upon him) has said:” Bargain not about that which is not with you.”
Goods to be bought in the open market. Goods and commodities for sale should go into the open market, and the seller or his agents must be aware of the state of the market before proposals are made for the purchase by the buyers. The seller should not be taken unawares lest the buyers should take undue advantage of his ignorance of the conditions and prices prevailing in the market.
No trade and traffic in things, the use of which is prohibited by Islam. A Muslim can trade in those goods and commodities only the use of which has been declared to be Halal (lawful). There can be no trade and traffic in things the use of which is proliibited by Islam. For example, there can be no trade in wine, swine, dead bodies of animals and idols. A devout Muslim merchant would not even traffic in thin and transparent stuff for ladies because the use of such stuff by ladies is unlawful. One cannot sell the carcass of an animal. He can, however, flay its skin which can be used for making shoes and which can therefore, be sold, but not the flesh of the dead animal. What is true of the usable skin of animals is also true of the tusks of an elephant.
Prohibited forms of Business
Monopoly business. As monopoly means concentration of supply in one hand, it leads to exploitation of the consumers and the workers, it has, therefore, been declared unlawful by the Holy Prophet (may peace be upon him). Gigantic trusts. cartels and monopolies should not exist in the Islamic society. The monopoly-dominated economic order betrays lack of harmony between private and social good and is, thus, a negation of the principle of maximum social advantage which the Islamic society sets out to achieve.
Speculative business basd on selfish interest. Speculation means buying something cheap in bulk at a time and selling it dear at another and, thus, controlling the whole market to achieve personal gains. A close observation will reveal that speculators are primarily interested in private gains regardless of the larger interest of the society. These speculators try to create artificial scarcity of goods and commodities and thereby create an inflationary pressure on the economy. As the poor masses have to pay for this. Islam has condemned such speculative business.
Interest transactions. All transactions involving interest are forbidden in Islam. Some people find it hard to submit to the injunction prohibiting interest, because they think interest and profit earned in trade are similar. Capital invested in trade brings an excess called profit; invested in banking it brings interest. Why should one excess be considered lawful and the other unlawful? They fail to take note of the basic difference between the two. Trade involves risk of loss. Also in its case, it is not only the capital invested that brings profit which is equally the result of initiative, enterprise and efficiency of the entrepreneur. Hence its rate cannot be predetermined and fixed. Moreover, trade is productive. A person reaps a benefit after undergoing labour and hardship. It creates conditions of full employment and economic growth. It will also be noted that trade acts as one of the dominant factors in the process of building up civilisation through co-operation and mutual exchange of ideas. The spread of Islam and Islamic civilisation In the Far East has been mostly due to the efforts of Muslim traders. Interest has no redeeming feature at all. The fixed rate of profit which a person gets from a financial investment without any risk of loss and without augmenting it with human labour creates in man the undesirable weakness of miserliness and Shylockian selfishness and lack of sympathy. In the economic sphere it initiates and aggravates crisis.
Rightly, therefore, has Islam strictly prohibited all transactions based on it or involving it in some form or other.
Advancing money on interest, keeping deposits in a bank for the sake of earning interest, or getting concessions in rates of goods or commodities against advance payments of price, mortgaging and utilising an income-yielding property against a certain sum, to be returned in full when the property is redeemed and investing money in a trade against a predetermined and fixed rate of profit-are all unlawfnl business transactions because they involve Riba (interest) in some form or the other.
Transactions similar (in nature) to gambling. The Arabic equivalent to gambling is Maisir which literarily means” getting something too easily”,” getting a profit without working for it”. The literal meaning of the term explains the principle on account of which gambling is prohibited in Islam. Any monetary gain which cornes too easily, so much so that one does not have to work for it, is unlawful.
The most familiar form of gambling amang the Arabs in the days of the Holy Prophet (may peace be upon him) was gambling by casting of lots by means of arrows drawn from a bag. Some were blank and those who drew them got nothing. Others indicated prizes-big or small ones. Whether one got anything or nothing depended on pure luck. unless there was fraud on the part of someone concerned. The principle on which objection to gambling is based is that you gain what you have not earned, or lose on a mere chance. Dice, lottery, prize bonds and betting on horse races are to be held within the definition of gambling.
Munabadha and Mulamasa. Islam recognises barter trade subject to the injunctions of the Qur’an and the Sunnah. In fact, Islam has closed all doors of dishonesty and deceit in business dealings. It has prohibited all forms of transactions which admit of fraud in the least degree. It has impressed on the traders that defective and worthless goods should not be given in exchange for good ones, and if there is a defect in the goods sold it must be pointed out and made manifest to the purchaser. The Messenger of Allah (may peace be upon him) said:” The buyer and the seller have the option of cancelling the contract as long as they have not separated; then. if they both speak the truth and make manifest, their transaction shall be blessed, and it they conceal and tell lies, the blessing of their transaction shall be obliterated”.
Besides issuing the instructions which govern all forms of trade, particularly barter trade, Islam has banned two forms of sale contract that were prevalent before Islam. These were Munabadha and Mulamasa. In neither of these was the purchaser offered an opportunity to examine the thing purchased. Munabadha means that the seller should throw the cloth to the buyer before he has carefully examined it. The very act of throwing the cloth will mean that the bargain has been struck. Mulamasa means touching the cloth without examining it, ie. the buyer was just supposed to touch the cloth to strike the bargain. Both these forms of transaction were prohibited because in either case the purchaser got no opportunity to examine the things sold to him, and the bargain was likely to prove unduly disadvantageous to one side.
In fact, Islam demanlds that goods and commodities for we should go to the open market and the seller or his agents must be aware of the state of the market before proposals are made for the purchase of goods or communities in bulk. He should not be taken unawares lest advantage be taken of his ignorance of the state of the market, and the prevailing prices. All this is ver clearly laid down by the Prophet (may peace he upon him).
As mentioned above, Islam tries to be fair to both parties to a transaction. Any step on the part of one, that is advantageous to him and disadvantageous to the other, is not permissible. The seller is expected to make the defects (if any) in the goods manifest to the buyer, nor is the buyer expected to take undue advantage of the ignorance of the seller.
Mozabana. It is the exchange of fresh fruits for dry ones in a way that the quantity of the dry fruit is actually measured and fixed, but the quantity of the fresh fruit to be given in exchange is guessed while it is still on the trees (Mishkat, 2710). The Holy Prophet (may peace be upon him) has forbidden this exchange because the quantity of the fruit on the trees cannot be definitely Determined and the transaction is just a leap into the dark.
Mu’awama. It consists in selling the fruit on the trees for a period of one, two or three years even before it has made its appearance. It is prohibited because like Muzabana it is also a leap into the dark. Such transactions may result in bitterness and frustration.
Bai’ al-Gharar. It is to sell a thing which one doesn’t have in one’s possession, nor expects to bring it under one’s control, e g. fish in the river, or birds in the air. Possession is one of the basic conditions of a sale. One cannot sell a thing which is not in one’s possession.
Bai’ al-‘Uryan. It is getting a thing against a nominal advance on the condition that if the bargain is struck, the advance will be adjusted and if the bargain is cancelled, the seller will riot return the advance. The advance being nominal, the buyer has practically no liability. He will abide by the contract if he finds it advantageous to him and will withdraw himself from it otherwise.
Bai’ al-Mudtar. It is to buy a thing forcibly or to purchase a thing when its owner is compelled under stress of want to dispose it of. Instead of purchasing the thing, and taking undue advantage of the seller’s helplessness, one should help him. Bai’ alal-Bai’ (sale over and above the sale of another). When one person has sold goods to another, a third Person should not upset the bargain trying to sell his own goods to the latter, offering them at lower rates or pointing out the defect in the goods already sold to him by the former.” A Muslim should not purchase in opposition to his brother, nor should he send a marriage proposal over and above the proposal of another.”
Bai’ al-Hast (i. e. sale by means of pebbles). The purchaser will tell the seller that when he will throw a pebble on his goods, the sale contract will be confirmed or the seller tell the purchaser that on whatever thing a pebble thrown by him falls will be sold to him. Sale contract is a serious matter and it should not be accomplished by such hit-and-miss methods like throwing the pebbles on the goods. A sale completed in this way may lead to injustice and hardship to one side and is consequently prohibited.
Sale of unripe fruit and unripe corn. The Holy Prophet (may peace be upon him), according to Hadrat Anas (Allah be pleased with him), has prohibited the sale of grapes before they become dark and that of the corn before it ripens. Similarly, he has forbidden the sale of raw dates. The fruit of the date palms should not be sold until it becomes red or yellow.
Here is a brief account of the sale transactions prohibited by Islam. If one ponders over these forms of transaction described above and described in greater detail in” Kitab al-Buyu,” one can arrive at the following conclusions:
Islam insists upon absolute justice and fairplay in business dealings.
According to Islam, a person who sacrifices his faith, and loses the good pleasure of his Lord to make a monetary gain has not made a good bargain. A Muslim will not go in for such a bad bargain. A Muslim merchant is not a worshipper of the Mammon with an inordinate love for money. He prizes faith, piety and righteousness above all.
Islam does not believe in the view that all is fair in business and that every kind of cleverness and deceit is justifiable in business transactions. Islam regards business or commerce as an economic activity to be carried on in a spirit of humanity. tarianism and justice. It does not approve of the cut-throat competition. Indeed, the very concept is un-Islamic.
Islam expects the buyer and the seller to look upon each other as Muslim brethren or fellow human beings, each trying to go all his way to help and serve the other. It the seller happens to overcharge the buyer, he, instead of feeling proud of his cleverness in doing so, should somehow compensate him for the excessive payment received.
All bargains that are clenched without giving the purchaser a fair chance of examining the things are prohibited because this amounts to denying him a right that was his due.
Forcible transactions or transactions in which the buyer takes undue. advantage of the helplessness or misery of the seller are also discouraged.
Islam has prohibited traffic in wine, swine, dead bodies of animals and other goods the use of which has been declared to be Haram (unlawful).
It has also forbidden trading in things that have a debasing or vitiating influence on the Muslim society.

Chapter 1: PROHIBITION OF BAI’ MULAMASA AND BAI’ MUNABAZA
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Book 010, Number 3608:
Abu Huraira (Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) forbade (two types of transactions) Mulamasa and Munabadha
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Book 010, Number 3609:
Abu Huraira (Allah be pletsed with him) reported like this from Allah’s Messenger (may peace be upon him).
________________________________________
Book 010, Number 3610:
Abu Huraira reported from Allah’s Messenger (may peace be upon him) a hadith like this through another chain cf transmitters.
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Book 010, Number 3611:
A hadith like this has been narrated on the authority of Abu Huraira (Allah be pleased with him) through another chain of transmitters.
________________________________________
Book 010, Number 3612:
Abu Huraira (Allah be pleased with him) reported: Two types of trarisactions have been forbidden (by the Holy Prophet), al-Mlulamasa and al-Munabadha. As far as Mulamasa transaction is concerned, it is that every one of them (the parties entering into transaction) should touch the garment of the other without careful consideration, and al-Munabadha is that every one of them should throw his cloth to the other and one of them should not see the cloth of his friend.
________________________________________
Book 010, Number 3613:
Abu Sa’id al-Khudri (Allah be pleased with him) reported: Allah’s Messenger (may peace be upon him) forbade us (from), two types of business transactions and two ways of dressing. He forbade Mulamasa and Munabadha in transactions. Mulamasa means the touching of another’s garment with his hand, whether at night or by day, without turning it over except this much. Munabadha means that a man throws his garment to another and the other throws his garment, and thus confirming their contract without the inspection of mutual agreement. This hadith has been narrated on the authority of Ibn Shihab through the same chain of transmitters.

Chapter 2: INVALIDITY OF A TRANSACTION BY THROWING A STONE
________________________________________
Book 010, Number 3614:
Abu Huraira (Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) forbade a transaction determined by throwing stones, and the type which involves some uncertainty.

Chapter 3: PROHIBITION OF HABAL AL-HABALA TRANSACTION
________________________________________
Book 010, Number 3615:
‘Abdullah (b. ‘Umar) (Allah be pleased with him) said that Allah’s Messenger (may peace be upon him) forbade the transaction called habal al-habala.
________________________________________
Book 010, Number 3616:
Ibn ‘Umar (Allah be pleased with them) reported that the people of pre-Islamic days used to sell the meat of the slaughtered camel up to habal al-habala. And habal al-habala implies that a she-camel should give birth and then the (born one should grow young) and become pregnant. Allah’s Messenger (may peace be upon him) forbade them that (this transaction).

Chapter 4: IT IS FORBIDDEN THAT ONE SHOULD ENTER INTO A TRANSACTION ON WHICH ONE’S BROTHER HAS ALREADY BEEN NEGOTIATING, OR ONE SHOULD PURCHASE (IN OPPOSITION) TO ONE’S BROTHER, OR ONE SHOULD CHEAT AND RETAIN MILK IN THE UDDER (IN ORDER TO DECEIVE THE PURCHASER)
________________________________________
Book 010, Number 3617:
Ibn ‘Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as having said this: One amongst you should not enter into a transaction when another is bargaining.
________________________________________
Book 010, Number 3618:
Ibn ‘Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: A person should not enter into a transaction when his brother is already making a transaction and he should not make a proposal of marriage when his brother has already made a proposal except when lie gives permission.
________________________________________
Book 010, Number 3619:
Abu Huraira reported Allah’s Messenger (may peace be upon him) as saying: A Muslim should not purchase (in opposition) to his brother. This hadith has been narrated on the authority of Abu Huraira through another chain of transmitters but with a slight change of words.
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Book 010, Number 3620:
Abu Huraira reported Allah’s Messenger (may peace’be upon him) as saying: Do not go out to meet riders to enter into transaction with them; none of you must buy in opposition to another, nor must you bid against one another; a townsman must not sell for a man from the desert, and do not tie up udders of carnels and sheep, and he who buys them after that has been done has two courses open to him: after he has milked them he may keep them if he is pleased with them, or he may return them along with a sit of dates if he is displeased with them.
________________________________________
Book 010, Number 3621:
Abu Huraira (Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) forbade the (people) meeting the caravan (for entering into business transaction with them), and the selling of goods by a townsman on behalf of a man of the desert, and seeking by a woman the divorce of her sister (from her husband), and outbidding (against one another), and tying up the udders (of animals), and buying of (things) in opposition to one’s brother. This hadith has been narrated through another chain of transmitters.
________________________________________
Book 010, Number 3622:
Ibn Umar (Allah be pleased with them) reported that Allah’s Messenger (may peace be upon him) forbade the outbidding (against another).

Chapter 5: IT IS FORBIDDEN TO MEET THE TRADERS IN THE WAY FOR GETTING UNDUE ADVANTAGE
________________________________________
Book 010, Number 3623:
Ibn ‘Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: Do not go out to meet merchandise in the way, (wait) until it is brought into the market. This hadith has been reported on the authority of Ibn Numair but with a slight change of words.
________________________________________
Book 010, Number 3624:
This hadith has been reported on the authority of ‘Ubaidullah.
________________________________________
Book 010, Number 3625:
Abdullah (Allah be pleased with him) reported Allah’s Apostle (may peace be upon him) as saying: Do not meet the traders (in the way).
________________________________________
Book 010, Number 3626:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace he upon him) as saying: Do not meet the merchandise (in the way).
________________________________________
Book 010, Number 3627:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: Do not meet the merchant in the way and enter into business transaction with him, and whoever meets him and buys from him (and in case it is done, see) that when the owner of (merchandise) comes into the market (and finds that he has been paid less price) he has the option (to declare the transaction null and void).

Chapter 6: IT IS FORBIDDEN FOR THE TOWNSMAN TO SELL ON BEHALF OF THE MAN OF THE DESERT
________________________________________
Book 010, Number 3628:
Abu Huraira (Allah be pleased with him) reported it directly from Allah’s Apostle (may peace be upon him): The townsman’should not sell for a man from the desert (with a view to taking advantage of his ignorance of the market conditions of the city). And Zuhair reported from the Holy Prophet (may peace be upon him) that he forbade the townsman to sell on behalf of the man from the desert.
________________________________________
Book 010, Number 3629:
Ibn ‘Abbas (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: The riders (carrying merchandise) should not be met in the way, and townsman should not sell for a man of the desert. The narrator reported. I said to Ibn ‘Abbas: What do these words really imply-” The townsman for the man of the desert”? He said: That he should work as a broker on his behalf.
________________________________________
Book 010, Number 3630:
Jabir (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: The townsman should not sell for a man from the desert, leave the people alone, Allah will give them provision from one another. Yahya reported it with a slight change of words.
________________________________________
Book 010, Number 3631:
Jabir (Allah be pleased with him) reported a similar hadith from Allah’s Apostle (may peace be upon him) through another chain of transmitters.
________________________________________
Book 010, Number 3632:
Anas b. Malik (Allah be pleased with him) reported: We were forbidden that a townsman should sell for a man of the desert, even if he is his brother or father.
________________________________________
Book 010, Number 3633:
Anas b. Malik (Allah be pleased with him) said: We were forbidden that a townsman should sell for a man of the desert.

Chapter 7: COMMAND PERTAINING TO THE SELLING OF ANIMAL WHOSE UDDER IS TIED UP
________________________________________
Book 010, Number 3634:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be’upon him) as saying: He who bought a goat having its udder tied up should go back with it, milk it, and, if he is satisfied with its milk, he should retair it, otherwise he should return it along with a sa’ of dates.
________________________________________
Book 010, Number 3635:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: He who buys a goat with its udder tied up has the option to retain the goat if he so desires or return it within three days, and in case he returns it he should do so along with a sa’ of dates.
________________________________________
Book 010, Number 3636:
Abu Huraira (Allah be pleased with him) reported Allah’s Apostle (may peace be upon him) as saying: lie who buys a goat having its udder tied up has the option to return it within three days. If he returns it he should pay a sa’ of dates. Wheat is not essential.
________________________________________
Book 010, Number 3637:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: He who buys a goat having its udder tied up has two courses left for him. He may retain it, and if he desires may return it along with a sa’ of dates and not wheat.
________________________________________
Book 010, Number 3638:
Ayyub narrated with the same chain of transmitters but with this change of words:” He who buys a goat has the option….”
________________________________________
Book 010, Number 3639:
Hammam b. Munabbih said: Out of the ahadith which Abu Huraira (Allah be pleased with him) reported to us from Allah’s Messenger (may peace be upon him) one is this that Allah’s Messenger (may peace be upon him) said: If one among you buys a she-camel having its udder tied up he has the two options for him after milking it either (to retain it) or return it with a sa’ of dates.

Chapter 8: IT IS INVALID TO SELL THE COMMODITY BEFORE TAKING POSSESSION OF IT
________________________________________
Book 010, Number 3640:
Ibn Abbas (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: He who buys foodgrain should not sell it until he has taken possession of it.
________________________________________
Book 010, Number 3641:
A hadith like this has been narrated through the same chain of transmitters.
________________________________________
Book 010, Number 3642:
Ibn Abbas (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: He who buys food-rain should not sell it until he has taken possession of it. Ibn Abbas (Allah be pleased with them) said: I regard everything like food (so far as this principle is concerned).
________________________________________
Book 010, Number 3643:
Ibn Abbas (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: He who buys foodgrain should not sell it, until he has weighed it (and then taken possession of it). I (Tawus) said to Ibn Abbas (Allah be pleased with them): Why is it so? Thereupon he said: Don’t you see that they (the people) sell foodgrains against gold for the stipulated time. Abu Kuraib did not make any mention of the stipulated time.
________________________________________
Book 010, Number 3644:
Ibn ‘Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: He who buys foodgrain should not sell it until he has taken full possession of it.
________________________________________
Book 010, Number 3645:
Ibn Umar (Allah be pleased with them) reported: We used to buy foodgrains during the lifetime of Allah’s Messenger (may peace be upon him). He (the Holy Prophet) would then send to us one who commanded us to take them (the foodgrains) to a place other than the one where we had bought them before we sold it.
________________________________________
Book 010, Number 3646:
Ibn Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: He who buys foodgrain should not sell that before taking possession of it. He (the narrator) said: We used to buy foodgrain from the caravans in bulk, but Allah’s Messenger (may peace be upon him) forbade us to re-sell that until we had shifted it to some other place.
________________________________________
Book 010, Number 3647:
Ibn ‘Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: He who bought foodgrain should not sell it until he had taken full possession of it (after measuring it).
________________________________________
Book 010, Number 3648:
Ibn ‘Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying,: He who bought foodgrain should not sell it until he had taken possession of it.
________________________________________
Book 010, Number 3649:
Ibn ‘Umar (Allah be pleased with them) reported that they were beaten during the lifetime of Allah’s Messenger (may peace be upon him) if they had bought foodgrains in bulk and then sold them in the spot without shifting them (to some other place).
________________________________________
Book 010, Number 3650:
Salim b. ‘Abdullah (Allah be pleased with them) reported his father havingsaid this: I saw people being beaten during the lifetime of Allah’s Messenger (may peace be upon him) in case they bought the foodgrain in bulk, and then sold them at that spot before taking it to their places. This hadith is narrated on the authority of ‘Ubaidullah b. Abdullah b. ‘Umar through another chain of transmitters (and the words are):” His father (Ibn ‘Umar) used to buy foodgrains in bulk and then carried them to his people.”
________________________________________
Book 010, Number 3651:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: He who bought foodgrain should not sell it until he had measured it. In the narration of Abu Bakr there the word is Ibta’ instead of Ishtara.
________________________________________
Book 010, Number 3652:
Abu Huraira (Allah be please with him) is reported to have said to Marwan: Have you made lawful the transactions involving interest? Thereupon Marwan said: I have not done that. Thereupon Abu Huraira (may peace be upon him) said: You have made lawful the transactions with the help of documents only, whereas Allah’s Messenger (may peace be upon him) forbade the transaction of foodgrains until full possession is taken of them. Marwan then addressed the people and forbade them to enter into such transactions (as are done with the help of documents). Sulaiman said: I saw the sentinels snatching (these documents) from the people.
________________________________________
Book 010, Number 3653:
Jabir b. Abdullah (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: When you purchase foodgrains, do not sell them until you have taken possession of them.

Chapter 9: IT IS FORBIDDEN TO SELL THE REAP OF DATES THE WEIGHT OF WHICH IS UNKNOWN
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Book 010, Number 3654:
Jabir b. Abdullah (Allah be pleased with them) is reported to have said that Allah’s Messenger (may peace be upon him) forbade the sale of a heap of dates the weight of which is unknown in accordance with the known weight of dates.
________________________________________
Book 010, Number 3655:
This hadith is narrated on the authority of Jabir b. Abdullah (Allah be pleased with them) but with this variation that no mention is made of the dates (which one finds) at the end of the previous hadith.

Chapter 10: BOTH THE BUYERS AND THE SELLERS HAVE THE OPTION TO WITHDRAW THE TRANSACTION BEFORE LEAVING THE MEETING (WHERE THE BARGAIN IS STRUCK)
________________________________________
Book 010, Number 3656:
Ibn ‘Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: Both parties in a business transaction have the right to annul it so long as they have not separated; except in transactions which have been made subject to the right of parties to annul them.
________________________________________
Book 010, Number 3657:
This hadith has been narrated on the authority of Ibn ‘Umar (Allah be pleased with them) through another chain of transmitters.
________________________________________
Book 010, Number 3658:
Ibn ‘Umar (Allah be pleased with thcm) reported Allah’s Messenger (may peace be upon him) as saying: When two persons enter into a transaction, each of them has the right to annul it so long as they are not separated and are together (at the place of transaction) ; or if one gives the other the right (to annul the transaction) But if one gives the other the option, the transaction is made on this condition (i. e. one has the right to annul the transaction), it becomes binding. And if they are separated after they have made the bargain and none of them annulled it, even then the transaction is binding.
________________________________________
Book 010, Number 3659:
Abdullah b. ‘Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: When two persons enter into a transac. tion, each one of them has the right to annul it so long as they are not separated, or their transaction gives one another (as a condition) the right of annulling, and if their transaction, has the right of annulling it the transaction becomes binding. Ibn Abi Umar made this addition that whenever he (Ibn Umar) entered into a transaction with a person with the intention of not breaking it, he walked a while and then returned to him.
________________________________________
Book 010, Number 3660:
Ibn Umar reported Allah’s Messenger (may peace be upon him) as saying: There is no transaction between two persons entering a transaction until they separate, but only when there is an option to annul it.

Chapter 11: TRUTHFULNESS IN TRANSACITION AND DESCRIPTION (OF THE DEFECT IN THE COMMODITY)
________________________________________
Book 010, Number 3661:
Hakim b. Hazim (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: Both parties in a business transaction have the right to annul it so long as they have not separated; and if they speak the truth and make everything clear they will be blessed in their transaction; but if they tell a lie and conceal anything the blessing on their transaction will be blotted out.
________________________________________
Book 010, Number 3662:
A hadith like this has been transmitted on the authority of Hakim b. Hizam (Imam Muslim) said: Hakim b. Hizam was born inside the Ka’ba and lived for one hundred and twenty years.

Chapter 12: HE WHO DECEIVES IN BUSINESS TRANSACTION
________________________________________
Book 010, Number 3663:
Abdullah b. Dinar narrated that he heard Ibn ‘Umar (Allah be pleased with them) saying: A man mentioned to the Messenger of Allah (may peace be upon him) that he was deceived in a business transaction, whereupon Allah’s Messenger (may peace be upon him) said: When you enter into a transaction, say: There should be no attempt to deceive.
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Book 010, Number 3664:
This hadith has been narrated on the authority of ‘Abdullah b. Dinar with the same chain of transmitters but these words are not found in it.” When he buys he should say: There should be no attempt to deceive.”

Chapter 13: PROHIBITION OF THE SALE OF FRUITS UNTIL THEY ARE CLEARLY IN GOOD CONDITION
________________________________________
Book 010, Number 3665:
Ibn ‘Umar (Allah be pleased with them) reported that Allah’s Messenger (may peace be upon him) forbade the sale of fruits until they were clearly in good condition, he forbade it both to the seller and to the buyer.
________________________________________
Book 010, Number 3666:
Ibn ‘Umar (Allah be pleased with them) reported that Allah’s Messenger (may peace be upon him) forbade the sale of palm-trees (i. e. their trults) until the dates began to ripen, and ears of corn until they were white and were safe from blight. He forbade the seller and the buyer.
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Book 010, Number 3667:
Ibn Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: Do not buy fruit until its good condition becomes clear, and (the danger) of blight is no more. He said: Its good condition becoming clear implies that it becomes red or yellow.
________________________________________
Book 010, Number 3668:
This hadith is reported or the authority of Yahya with the same chain of transmitters up to” until its good condition becomes clear,” but lie did not mention what follows (these words).
________________________________________
Book 010, Number 3669:
This hadith has been narrated on the authority of Ibn ‘Umar through another chain of transmitters.
________________________________________
Book 010, Number 3670:
Nafi, reported on the authority of Ibn Umar (Allah be pleased with them) a hadith like that narrated before.
________________________________________
Book 010, Number 3671:
Ibn Umar (Allah be pleased with them) reported Allah’s Messenger’ (may peace be upon him) as saying: Do not buy fruits (on the trees) until their good condition becomes clear. In the hadith transmitted on the authority of Shu’ba it was stated that Ibn Umar (Allah be pleased with them) was asked what good condition implied. He said: When (the danger of) blight is no more.
________________________________________
Book 010, Number 3672:
Jabir (Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) forbade (or forbade us) the sale of fruits until they are ripe in a good condition.
________________________________________
Book 010, Number 3673:
Jabir b. Abdullah (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) forbidding the sale of fruit until its good condition is obvious.
________________________________________
Book 010, Number 3674:
Abu Bakhtari reported: I asked Ibn ‘Abbas (Allah be pleased with them) about the sale of dates. He said: Allah’s Messenger (may peace be upon him) forbade the sale of dates of the trees until one eats them or they are eaten (i. e. they are fit to be eaten) or until they are weighed (or measured). I said: What does it imply:” Until it is weighed”? Thereupon a person who was with him (Ibn Abbas) said: Until he is able to keep it with him (after plucking them).
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Book 010, Number 3675:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: Do not sell the fruits until their good condition becomes evident.”

Chapter 14: IT IS FORBIDDEN TO SELL FRESH DATES AGAINST DRY DATES, EXCEPT IN CASE OF AL-ARAYA
________________________________________
Book 010, Number 3676:
Ibn Umar (Allah be pleased with them) reported Allah’s Apostle (may peace be upon him) forbidding the sale of fruits until their good condition becomes evident and the purchase of dates for dates. Zaid b. Thabit (Allah be pleased with him) said that Allah’s Messenger (may peace be upon him) gave a concession in case of the sale known as al-araya, there is an addition of the word an tuba’a in the hadith transmitted by Ibn Numair.
________________________________________
Book 010, Number 3677:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: Do not buy the fruit until their condition is clear, and do not buy the fresh dates. A hadith like this has been reported by Ibn ‘Umar through another chain of transmitters.
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Book 010, Number 3678:
Sa’id b. al-Musayyib said that Allah’s Messenger (may peace be upon him) forbade the transaction of Af Muzabana and Muhaqala. Muzabana means that fresh dates on the trees should be sold against dry dates. Muhaqala implies that the wheat in the ear should be sold against the wheat and getting the land on rent for the wheat (produced in it). He (the narrator) said that the Holy Prophet (may peace be upon him) had aid: Do not sell fresh fruits on the trees until their good condition becomes manifest, and do not sell fresh dates on the trees against dry dates. Salim said: Abdullah informed me on the authority of Zaid b. Thabit, Allah’s Messenger (may peace be upon him) having given concession afterwards in case of ariyya transactions by which dry dates can be exchanged with fresh dates, but he did not permit it in other cases.
________________________________________
Book 010, Number 3679:
Zaid b. Thabit (Allah be pleased with him) reported Allah’s Messenger (may peace he upon him) having given concession in case of ‘ariyya for selling dry dates (with) fresh dates after measuring them out.
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Book 010, Number 3680:
Zaid b. Thabit reported that Allah’s Messenger (may peace be upon him) give concession in case of ‘ariyya transactions according to which the members of the household give dry dates according to a measure and then eat fresh dates (in exchange for it)
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Book 010, Number 3681:
A hadith like this has been narrated on the authority of Nafi’ with the same chain of transmitters.
________________________________________
Book 010, Number 3682:
Yahya b. Sa’id reported this hadith with the same chain of transmitters but with this change: ‘Ariyya implies that date-palm trees should be donated to the people and then they sell it with a measure of dry dates.
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Book 010, Number 3683:
Zaid b Thabit (Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) gave concession in case of al-‘ariyya transactions (for exchanging dates) for dates with measure. Yahya said: ‘Ariyya implies that a person should buy fresh dates on the tree for his family to eat against a measure of dry dates.
________________________________________
Book 010, Number 3684:
Zaid b. Thabit (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) granting concession in case of ‘ariyya transactions and that implies selling of (dry dates for fresh dates) according to a measure.
________________________________________
Book 010, Number 3685:
Ubaidullah reported this hadith with a slight change of words on the same authority (as quoted above).
________________________________________
Book 010, Number 3686:
Nafi, reported this hadith with the same chain of transmitters stating that Allah’s Messengtr (may peace be upon him) granted concession in case of ‘ariyya transactions (for exchange of the same commodity) with measure.
________________________________________
Book 010, Number 3687:
Bashair b. Yasir reported on the authority of some of the Companions of Allah’s Messenger (may peace be upon him) among the members of his family among whom one was Sahl b. Abu Hathma that Allah’s Messenger (may peace be upon him) forbade buying of fresh dates against dry dates and that it is Riba and this is Muzabana, but he made an exemption of ‘ariyya (donations) of a tree or two in which case the members of a family sell dry dates and buy fresh dates for eating them.
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Book 010, Number 3688:
Bushair b. Yasar reported on the authority of some of the Companion of Allah’s Messenger (may peace be upon him) that he exempted the transactions, of ‘ariyya (from the direct exchange of one kind) after measuring the dry dates (in exchange for fresh dates).
________________________________________
Book 010, Number 3689:
Bushair b. Yasir reported on the authority of some of the Companions of Allah’s Messenger (may peace be upon hinn) from among the members of his family that he forbade (the direct exchange of a commodity having different qualities) but with the change that Ishaq and Ibn al-Muthanna used the word Zabn in place ot Riba and Ibn Abu ‘Umar used the word Riba (interest).
________________________________________
Book 010, Number 3690:
A hadith like this has been narrated on the authority of Sahl b. Abu Hathma.
________________________________________
Book 010, Number 3691:
Sahl b. Abu Hathma reported Allah’s Messenger (may peace be upon him) having forbidden Muzabana, i. e. exchange of fresh dates with dry dates. except in case of those to whom donations of some trees have been made. It is for them that concession has been given.
________________________________________
Book 010, Number 3692:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) having given exemption of ‘ariyya transactions measuring less than five wasqs or up to five wasqs (the narrator Dawud is in doubt whether it was five or less than five).
________________________________________
Book 010, Number 3693:
Ibn Umar (Allah be pleased them) reported Allah’s Messenger (may peace be upon him) having forbidden Muzabana, and Muzabana implies the selling of fresh dates for dry dates by measuring them out and the selling of raisins by measure for grapes.
________________________________________
Book 010, Number 3694:
‘Abdullah (b. Umar) reported that Allah’s Apostle (may peace be upon him) forbade Muzabana, i. e. buying of fresh dates (on) the trees for dry dates by measure, and the buying of grapes for raisins by measure and the selling of field of corn for corn by measure.
________________________________________
Book 010, Number 3695:
A hadith like this has been narrated on the authority of ‘Ubaidullah with the same chain of transmitters.
________________________________________
Book 010, Number 3696:
Ibn ‘Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) having forbidden Muzabana, and Muzabana is the selling of dry dates by measure for fresh dates and the selling of raisins by measure for grapes and selling of all Ports of fruits on the basis of calculation.
________________________________________
Book 010, Number 3697:
Ibn ‘Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) having forbidden Muzabana, and Muzabana implies the selling of dry dates for fresh dates on the tree with a definite measure (making it clear) that in case it increases, it belongs to me and if it is less, it is my responsibility.
________________________________________
Book 010, Number 3698:
A hadith like this has been transmitted on the authority of Ayyub.
________________________________________
Book 010, Number 3699:
Abdullah (b. Umar) (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) having forbidden Mazabana, and it implies that one should sell the fresh fruits of his orchard (for dry fruits) or, if it is fresh dates, for dry dates with a measure, or if it is grapes for raisins or if it is corn in the field for dry corn with a measure He (the Holy Prophet) in fact forbade all such transactions. Qutaiba has narrated it with a slight variation of words. This hadith has been narrated on the authority of Nafi with another chain of transmitters.

Chapter 15: PERTAINING TO ONE WHO SELLS DATE-PALM TREE WITH DATES HANGING ON ITS BRANCHES
________________________________________
Book 010, Number 3700:
Ibn Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: If anyone buys palm-trees after they have been fecundated the fruit belongs to the seller unless the buyer makes a proviso.
________________________________________
Book 010, Number 3701:
Nafi reported on the authority of Ibn Umar (Allah be pleased with them) that the Messenger of Allah (may peace be upon him) said: Whichever tree is bought with its roots, and if it is fecundatedits fruit would belong to one who has grafted it except when the provision is laid down by the buyer.
________________________________________
Book 010, Number 3702:
Ibn Umar (Allah be pleased with them) reported Allah’s Apostle (may peace be upon him) as saying: Whosoever grafts the tree and then sells its roots, its fruit will belong to one who grafts it except when provision is laid down by the buyer.
________________________________________
Book 010, Number 3703:
This hadith has been narrated on the authority of Nafi, with the same chain of transmitters.
________________________________________
Book 010, Number 3704:
Abdullah b. Umar (Allah be pleased with them) reported Allah’s Massenger (may peace be upon him) as saying: He who buys a tree after it has been fecundated, its fruit belongs to one who sells it except when the provision has been laid down by the buyer (that it will belong to him), and he who buys a slave, his property belongs to one who sells him except when a provision has been laid down by the buyer (that it will be transferred to him with the slave).
________________________________________
Book 010, Number 3705:
A hadith like this has been narrated on the authority of al Zuhri.
________________________________________
Book 010, Number 3706:
Ibn Umar reported on the authority of his father as Allah’s Apostle (may peace be upon him) saying so.

Chapter 16: FORBIDDANCE OF AL-MUHAQALA, AND AL MUZABANA, AND AL- MUKHABARA, AND THE SALE OF FRUITS BEFORE THEIR GOOD CONDITION IS CLEAR, AND AL-MU’AWAMA. I. E. THE SALE FOR SOME YEARS
________________________________________
Book 010, Number 3707:
Jabir b. Abdullah (Allah be pleased with them) reported that Allah’s Messenger (may peace be upon him) had forbidden Muhaqala. and Muzabana, Mukhibara and the sale of fruits until their good condition becomes clear, and (he commanded) that (commodities) should not be sold but for the dinar and dirham except in case of araya.
________________________________________
Book 010, Number 3708:
Jabir b. ‘Abdullah (Allah be pleased with them) reported that Allah’s Messenger (may peace be upon him) forbade the types of sales as described before.
________________________________________
Book 010, Number 3709:
Jabir b. ‘Abdullah (Allah be pleased with them) reported that Allah’s Messenger (may peace be upon him) forbade Mukhabara and Muhaqala, and Muzabana, and the sale of the fruit until it is fit for eating, and its sale but with dirham and dinar. Exception is made in case of ‘araya. Ata’ said: Jabir explained (these terms) for us. As for Mukhabara it is this that a wasteland is given by a person to another and he makes an investment in it and then gets a share in the produce. According to him (Jabir), Muzabana is the sell of fresh dates on the tree for dry dates with a measure, and Muhaqala in agriculture implies that one should sell the standing crop for grains with a measure.
________________________________________
Book 010, Number 3710:
Jabir b. Abdullah (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) forbidding Muhaqala, and Muzabana, and Mukhabara, and the buying of date-palm until its fruit is ripened (ripening means that its colour becomes red or yellow, or it is fit for being eaten). And Muhaqala implies that crops in the field are bought for grains according to a customary measure. Muzabana implies that date-palm should be sold for dry dates by measuring them with wisqs, and al-Mukhabara is (a share), maybe one-third or one-fourth (in produce) or something like it. Zaid (one of the narrators) said to Ata’ b. Abu Rabah (the other narrator): Did You bear Jabir b. Abdullah (Allah be pleased with them) making a mention of it that he had heard it directly from Allah’s Messenger (may peace be upon him)? He said: Yes.
________________________________________
Book 010, Number 3711:
Jabir b. Abdullah (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) forbidding Muzabana and Muhaqala, and Mukhabara, and the sale of fruits until they are ripe. I (the narrator) said to Sa’id (the other narrator): What does ripening imply? He said: It meant that they become red or become yellow and are fit for eating.
________________________________________
Book 010, Number 3712:
Jabir b. Abdullah (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) forbidding Muhaqala and Muzabana and Mu’awama and Mukhabara. (One of the narrators) ‘said: Sale years ahead is Mu’awama, and making exceptional but he made an exemption of araya.
________________________________________
Book 010, Number 3713:
A hadith like this has been narrated on the authority of Jabir (Allah be pleased with him) from Allah’s Apostle (may peace be upon him). but he made no mention of transactions years (ahead) implying Mu’awama.
________________________________________
Book 010, Number 3714:
Jabir b. Abdullah (Allah be pleased with them) reported that Allah’s Messenger (may peace be upon him) forbade leasing of land, and selling ahead for years and selling of fruits before they become ripe.

Chapter 17: LEASING OUT LAND
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Book 010, Number 3715:
Jabir b. Abdullah (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) having forbidden the renting of land.
________________________________________
Book 010, Number 3716:
Jabir b. Abdullah (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: He who has land should cultivate it himself, but if he does not cultivate it himself, then he should let his brother cultivate it.
________________________________________
Book 010, Number 3717:
Jabir b. Abdullah (Allah be pleased with them) reported some of the Companions of Allah’s Messenger (may peace be upon him) had surplus of land. Thereupon Allah’s Messenger (may peace be upon him) said: He, who has surplus land (in his possession) should cultivate it, or he should lend it to his brother for benefit, but if he refuses to accept it, he should retain it.
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Book 010, Number 3718:
Jabir b. Abdullah (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) having forbidden taking of rent or share of land.
________________________________________
Book 010, Number 3719:
Jabir (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: He who has land should cultivate it, but if he does not find it possible to cultivate it, or finds himself helpless to do so, he should lend it to his Muslim brother, but he should not accept rent from him.
________________________________________
Book 010, Number 3720:
Sulaiman b. Musa asked Ata’: Did Jabir b. ‘Abdullah (Allah be pleased with them) reported Allah’s Apostle (may peace be upon him) as saying:” He who has land should cultivate it himself, or let his brother cultivate it, and should not give on rent”? He said: Yes.
________________________________________
Book 010, Number 3721:
Jabir (Allah be pleased with him) reported Allah’s Apostle (may peace be upon him) having forbidden Mukhabara.
________________________________________
Book 010, Number 3722:
Jabir b. Abdullah (Allah be pleased with them) heard Allah’s Messenger (may peace be upon him) say: He who has surplus of land should either cultivate it himself, or let his brother cultivate it, an should not sell it. I (the narrator) said to Sa’id: What does his statement” do not sell it” mean? Does it imply” rent”? He said: Yes.
________________________________________
Book 010, Number 3723:
Jabir b. ‘Abdullah reported: We used to cultivate land on rent during the lifetime of Allah’s Apostle (may peace be upon him) and we got a share out of the grain left in the ears after threshing them and something unspecified. Allah’s Messenger (may peace be upon him) said: He who has land should cultivate it or let his brother till it, otherwise he should leave it.
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Book 010, Number 3724:
Jabir b. Abdullah (Allah be pleased with them) reported: We used to get land (on rent) during the lifetime of Allah’s Messeuge, (may peace be upon him) with a share of one-third or one-fourth (of the produce from the land irrigated) with the help of canals. Thereupon Allah’s Messenger (may peace be upon him) stood up (to address) and said: HRe who has land should cultivate it, and if he does not cultivate it, he should lend it to his brother, and if he does not lend it to his brother, he should then retain it.
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Book 010, Number 3725:
Jabir (Allah he pleased with him) reported: I heard Allah’s Apostle (may peace be upon him) as saying: He who has (surplus) land should donate it (to others), or lend it. This hadith has been narrated on the authority of A’mash with the same chain of transmitters, but with a slight change of words.
________________________________________
Book 010, Number 3726:
Jabir b. `Abdullah (Allah be pleased with them) reportedthat Allah’s Messenger (may peace be upon him) had forbidden renting of land. Bukair (one of the narrators) said: Nafi` reported to me that he heard Ibn `Umar (Allah be pleased with them) saying: We usedto give land on rent; we then abandoned this practice when we heard the hadith of Rafi` b. Khadij.
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Book 010, Number 3727:
Jabir (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) forbidding the selling (renting of) uncultivated land for two years or three.
________________________________________
Book 010, Number 3728:
Jabir (Allah be pleased with him) reported Allah’s Apostle (may peace be upon him) forbidding selling of (produce) in advance for two years, and in the narmtion of Ibu Abd Shaiba (the words are):” Selling of the fruits (on the tree) in advance for two years.”
________________________________________
Book 010, Number 3729:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: He who has land should cultivate it or lend it to his brother, but if he refuses, he should retain his land.
________________________________________
Book 010, Number 3730:
Jabir b. Abdullah (Allah be pleased with them) reported: I heard Allah’s Messenger (may peace be upon him) forbidding Muzabana, and Huqul. Jabir b. Abdullah (Allah be pleased with them) said: Muzabana means the selling of fruits for dry dates and Huqul is the renting of land.
________________________________________
Book 010, Number 3731:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) forbidding Muhaqala and Muzabana.
________________________________________
Book 010, Number 3732:
Abu Sa’id al-Khudri (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) having forbidden Mazabana and Muhaqala. Muzibana means the buying of fruits on the trees and Muhaqala is the renting of land.
________________________________________
Book 010, Number 3733:
Zaid b. Amr reported: I heard Ibn Umar (Allah be pleased with them) say: We did not see any harm in renting of the land, but as the first year was over Rafi’ alleged Allah’s Apostle (may peace be upon him) having forbidden that.
________________________________________
Book 010, Number 3734:
This hadith has been narrated on the authority of Amr b. Dinar with the same chain of transmitters but (in) the hadith transmitted on the authority of ‘Uyainah (the words are):” We abandoned it (renting) on account of that.”
________________________________________
Book 010, Number 3735:
Ibn ‘Umar (Allah be pleased with them) reported: Rafi forbade us from benefitting from our land (in the form of rent).
________________________________________
Book 010, Number 3736:
Nafi reported that Ibn Umar (Allah be pleased with them) rented his land during the lifetime of Allah’s Messenger (may peace be upon him) and during the caliphate of Abu Bakr and that of Umar and that of Uthman (Allah be pleased with them) and during the early period of Muawiya’s caliphate until at the end of Muawiya’s reign, it reached him (Ibn ‘Umar) that Rafi b. Khadij (Allah be pleased with him) narratted (a hadith) in which (there was a decree) of prohibition by Allah’s Apostle (may peace be upon him). He (Ibn ‘Umar) went to him (Rafi b. Khadij) and I was with him and he asked him, whereupon he said: Allah’s Messenger (may peace be upon him) used to forbid the renting of land. So Ibn Umar (Allah be pleased with them) abandoned it, and subsequently whenever he was asked about it, he said: Rafi b. Khadij (Allah be pleased with him) alleged that Allah’s Messenger (may peace be upon him) forbade it.
________________________________________
Book 010, Number 3737:
This hadith has been narrated on the authority of Ayyub and he made an addition in the hadith narrated by Ibn Ulayya in which he said: Ibn Umar abandoned it afterwards and he did not rent it (the land).
________________________________________
Book 010, Number 3738:
Nafi reported: I went to Rafi b. Khadij in the company of Ibn ‘Umar (All be pleased with them) until he (Ibn ‘Umar) came to him at Balat (a place near Prophet’s Mosque at Medina) and he (Rafi b. Khadij) informed him that Allah’s Messenger (may peace be upon him) had forbidden the renting of land.
________________________________________
Book 010, Number 3739:
Nafi, reported from Ibn Umar (Allah be pleated with them) that he came to Rafi and he narrated this hadith from Allah’s Apostle (may peace be upon him).
________________________________________
Book 010, Number 3740:
Nafi, reported that Ibn Umar (Allah be pleased with them) used to rent the land, and that he was conveyed the hadith transmitted on the authority of Rafi b. Khadij. He (the narrator) said: He then went to him along with me. He (Rafi) narrated from some of his uncles in which it was mentioned that Allah’s Apostle (may peace be upon him) forbade the renting of land. Ibn ‘Umar (Allah be pleased with them) then abandoned this practice of renting. This hadith has been narrated through another chain of transmitters.
________________________________________
Book 010, Number 3741:
Salim b. Abdullah reported that AbduUah b. Umar (Allah be pleased with them) used to give land on rent until (this news) reached him that Rafi b. Khadij Ansari used to forbid the renting of land. Abdullah met him and said: Ibn Khadij, what is this that you narrate from Allah’s Messenger (may peace be upon him) pertaining to renting of land? Rafi b. Khadij said to Abdullah: I heard it from two uncles of mine and they had participated in the Battle of Badr who narrated to the members of the family that Allah’s Messenger (may peace be upon him) forbade the renting of land. Abdullah said: I knew it that the land was rented during the lifetime of Allah’s Messenger (may peace be upon him). Abdullah then apprehended that Allah’s Messenger (may peace be upon him) might have said something new in this connection (in regard to prohibition of renting) which I failed to know. So he abandoned the renting of land.

Chapter 18: RENTING OF LAND FOR FOOD
________________________________________
Book 010, Number 3742:
Rafi b. Khadij (Allah be pleased with him) reported: We used to give on rent land during the lifetime of Allah’s Messenger (may peace be upon him). We rented it on the share of one-third or one-fourth of the (produce) along with a definite quantity of corn. One day a person from among my uncles came to us and said: Allah’s Messenger (may peace be upon him) forbade us this act which was a source of benefit to us, but the obedience to Allah and to His Messenger (may peace be upon him) is more beneficial to us. He forbade us that we should rent land with one-third or one-fourth of (the produce) and the corn of a measure, and he commanded the owner of land that he should cultivate it or let it be cultivated by other (persons) but he showed disapproval of renting it or anything besides it.
________________________________________
Book 010, Number 3743:
Rafi b. Khadij (Allah be pleased with him) reported: We used to give land on rent, and we rented it on one-third or one-fourth share. The rest of the hadith is the same.
________________________________________
Book 010, Number 3744:
This hadith has been narrated on the authority of Rafi’ b. Khadij with the same chain of transmitters, but in it no mention is made of some of his uncles.
________________________________________
Book 010, Number 3745:
Rafi (Allah be pleased with him) reported that Zuhair b. Rafi (who was his uncle) came to me and said: Allah’s Messenger (may peace be upon him) forbade a practice which was useful for us. I said: What is this? (I believe) that whatrver Allah’s Messenger (may peace be upon him) says is absolutely true. He (Zuhair) said that he (the Holy Prophet) asked me: What do you do with your cultivable lands? I said: Allah’s Messenger, we rent those irrigated by canals for dry dates or barley. He said: Don’t do that. Cultivate them or let them be cultivated (by others) or retain them yourself.
________________________________________
Book 010, Number 3746:
This hadith has been transmitted on the authority of Rafi from the Prophet (may peace be upon him) about this, but he did not make mention of his uncle Zuhair.

Chapter 19: RENTING OF LAND BY GOLD AND SILVER
________________________________________
Book 010, Number 3747:
Hanzala b. Qais reported that he asked Rafi b. Khadij (Allah be pleased with him) about renting of land, whereupon he said: Allah’s Messenger (may peace be upon him) forbade the renting of land. I said: Is it forbidden (even if it is paid) in gold (dinar) and silver (dirham)? Thereupon he said: If it is paid in gold and silver, there is no harm in it.
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Book 010, Number 3748:
Hanzala b. Qais al-Ansri reported: I asked Rafi’ b. Khadij about the renting of land for gold and silver, whereupon he said: There is no harm in it for the people let out land situated near canals and at the ends of the streamlets or portion of fields. (But it so happened) that at times this was destroyed and that was saved. whereas (on other occasions) this portion was saved and the other was destroyed and thus no rent was payable to the people (who let out lands) but for this one (which was saved). It was due to this that he (the Holy Prophet) prohibited it. But if there is something definite and reliable (e. g. money). there is no harm in it.
________________________________________
Book 010, Number 3749:
Hanzala reported that he heard Rafi’ b. Khadij (Allah be pleased with him) say: We were the major agriculturists of the Ansar and so we let out land (saying): The produce of this (part of land) would be ours and (the produce) of that would be theirs. But it so happened that at times this (land) gave harvest, but the other one produced nothing. So he (the Holy Prophet) forbade this. But so far as the payment in silver (dirham, a coin) is concerned, he did not forbid.
________________________________________
Book 010, Number 3750:
This hadith has been narrated on the authority of Yahya b. Sa’id with the same chain of transmitters.

Chapter 20: IN THE SARE CROPPING AND LEASING
________________________________________
Book 010, Number 3751:
Abdullah b. al Sa’ib reported: I asked Abdullah b. Ma’qil about Muzara’a (cultivating land on share basis in the produce). He said: Thabit b. Dahhak informed me that Allah’s Messenger (may peace be upon him) forbade Muzara’a as Ibn Abu Shaiba forbade it with a slight change of words. He (the narrator) said: I asked Ibn Ma’qil but he did not name ‘Abdullah.
________________________________________
Book 010, Number 3752:
Abdullah b. al-Sa’ib reported: We visited ‘Abdullah b. Ma’qil and asked him about sharing of crops, whereupon he said: Thabit alleged that Allah’s Messenger (may peace be upon him) forbade Muzara’a and commanded leasing it out on rent (for money) and said: There is no harm in it.

Chapter 21: THE LAND IS GRANTED
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Book 010, Number 3753:
Mujahid said to Tiwus: Come along with me to Ibn Rafi b. Khadij in order to listen from him the hadith transmitted on the authority of his father (pertaining to the renting of land) from Allah’s Apostle (may peace be upon him). He (Tawus) scolded him and said: By Allah, it I were to know that Allah’s Messenger (may peace be upon him) had forbidden it, I would have never done it. But it has been narrated to me by one who has better knowledge of it amongst them (and he meant Ibn ‘Abbas) that Allah’s Messenger (may peace be upon him) said: It is better if a person lends, his land to his brother (for cultivation) than that he gets recognised rent on it.
________________________________________
Book 010, Number 3754:
Tawus reported that he let out his land on rent, whereupon Amr said: I said to him: Abu Abd al-Rahrman, I wish if you abandon this renting of land, for they alleged that Allah’s Apostle (may peace be upon him) forbade Mukhabara. He siad: Amr, one who has informed me has the best knowledge of it among them (he meant Ibn Abbas). (He said) that Allah’s Apostle (may peace be upon him) did not prohibit it altogether, but said: Lending of land by one among you to his brother is better for him than getting a specified amount of produce from it.
________________________________________
Book 010, Number 3755:
A hadith like this has been transmitted on the authority of Ibn Abbas (Allah be pleased with them).
________________________________________
Book 010, Number 3756:
Ibn Abbas (Allah be pleased with them) reported Allah’s Apostle (may peace be upon him) as saying: If one among you lets out land to his brother, that is better for him than if he receives such and such (the definite thing). Ibn ‘Abbis (Allah be pleased with them) said: It is Haql, and in the parlance of the Ansr it is Muhaqala.
________________________________________
Book 010, Number 3757:
Ibn Abbas (Allah be pleased with them) reported Allah’s Apostle (may peace be upon him) as saying: He who has land, it is better for him that he should let it out to his brother.

Chapter 22: SHARING OF FRUITS
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Book 010, Number 3758:
Ibn Umar (Allah be pleased with them) reported that Allah’s Messenger (may peace be upon him) contracted with the people of Khaibar the (trees) on the condition that he would have half the produce in fruits and harvest.
________________________________________
Book 010, Number 3759:
Ibn Umar (Allah be pleased with them) reported: Allah’s Messenger (may peace be upon him) handed over the land of Khaibar (on the condition) of the share of produce of fruits and harvest, and he also gave to his wives every year one hundred wasqs: eighty wasqs of dates and twenty wasqs of barley. When ‘Umar became the caliph he distributed the (lands and trees) of Khaibar, and gave option to the wives of Allah’s Apostle (may peace be upon him) to earmark for themselves the land and water or stick to the wasqs (that they got) every year. They differed in this matter. Some of them opted for land and water, and some of them opted for wasqs every year. ‘A’isha and Hafsa were among those who opted for land and water.
________________________________________
Book 010, Number 3760:
Abdullah b. Umar (Allah be pleased with them) reported that Allah’s Messenger (may peace be upon him) contracted with the people of Khaibar (land and trees on the condition that they should give) half of the yield from land and trees. The rest of the hadith is the same. In the hadith transmitted on the authority of AIi b. Mushir there is no mention of it, but that A’isha and Hafsa were those who opted for land and water, but he (the narrator) said: He (Hadrat ‘Umar, gave option to the wives of Allah’s Apostle (may peace be upon him) that land would be earmarked for them, but he made no mention of water.
________________________________________
Book 010, Number 3761:
‘Abdullah b. Umar (Allah be pleased with them) reported that when Khaibar had been conquered, the Jews asked Allah’s Messenger (may peace be upon him) to let them continue (cultivation in those lands) on half of the share of yield in fruits and crop, whereupon Allah’s Messenger (may peace be upon him) said: I will allow you to continue here, so long as we would desire. The rest of the hadith is the same, but with this addition:” The fruit would be distributed equal to the half of Khaibar. And out of hall of the produce of the land, Allah’s Apostle (may peace be be upon him) got the fifth part.”
________________________________________
Book 010, Number 3762:
Abdullah b. Umar (Allah be pleased with them) reported that Allah’s Messenger (may peace be upon him) returned to the Jews of Khaibar the date-palms of Khaibar and its land on the condition that they should work upon them with their own wealth (seeds, implements), and give half of the yield to Allah’s Messenger (may peace be upon him).
________________________________________
Book 010, Number 3763:
Ibn Umar reported that ‘Umar b. al-Khattab (Allah be pleased with him) expelled the Jews and Christians from the land of Hijaz, and that when Allah’s Messenger (may peace be upon him) conquered Khaibar he made up his mind to expel the Jews from it (the territory of Khaibar) because, when that land was conquered, it came under the sway of Allah, that of His Messenger (may peace be upon him) and that of the Muslims. The jews asked Allah’s Messenger (may peace be upon him) to let them continue there on the condition that they would work on it, and would get in turn half of the fruit (of the trees), whereupon Allah’s Messenger (may peace be upon him) said: We would let you continue there so long as we will desire. So they continued (to cultivate the lands) till ‘Umar externed them to Taima’ ang Ariha (two villages in Arabia, but out of Hijaz).

Chapter 23: EXCELLENCE OF PLANTING OF TRESS AND TILLING OF LAND
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Book 010, Number 3764:
Jabir (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: Never a Muslim plants a tree, but he has the reward of charity for him, for what is eaten out of that is charity; what is stolen out of that, what the beasts eat out of that, what the birds eat out of that is charity for him. (In short) none incurs a los! k to him but it becomes a charity on his part.
________________________________________
Book 010, Number 3765:
Jabir (Allah be pleased with him) reported that Allah’s Apostle (may peace be upon him) visited Umm Mubashshir al-Ansariya at her orchard of date-palms and said to her: Who has planted these trees of dates-a Muslim or a non-Musim? She said: A Muslim, of course, whereupon he said: Never a Muslim plants, or cultivates a land, and it out of that men eat, or the animals eat, or anything else eats, but that becomes charity on his (planter’s) behalf.
________________________________________
Book 010, Number 3766:
Jabir b. ‘Abdullah (Allah be pleased with them) reported: I heard Allah’s Messenger (may peace be upon him) saying: Never does a Muslim plant, or cultivate, but has reward for him for what the beasts eat, or the birds eat or anything else eats out of that.
________________________________________
Book 010, Number 3767:
Jabir b. Abdullah (Allah be pleased with them) reported: Allah’s Apostle (may peace be upon him) visited the orchard of Umm Ma’sud and said: Umm Ma’bad. he who has planted this tree, is he a Muslim or a non-Muslim? She said: Of course, he is a Muslim, whereupon he (the Holy Prophet) said: No Muslim who plants (trees) and from their fruits the human beings or the beasts or birds eat, but that would be taken as an act of charity on the Day of Resurrection.
________________________________________
Book 010, Number 3768:
This hadith is transmitted on the authority of Abu Muawiya (but With a slight change of words).
________________________________________
Book 010, Number 3769:
Anas reported Allah’s Messenger (may peace be upon him) as saying Never does a Muslim plant trees or cultivate land and birds or a man or a beast eat out of them but that is a charity on his behalf.
________________________________________
Book 010, Number 3770:
Anas b. Malik (Allah be pleased with him) reported that Allah’s Apostle (may peace be upon him) visited the date-palms of Umm Mubashshir (Allah be pleased with her), a lady from the Ansar, and said: Who planted this palm-a Muslim or an unbelievers The rest of the hadith is the same.

Chapter 24: REMISSION IN THE PAYMENT OF YIELD STRICKEN BY CALAMITY
________________________________________
Book 010, Number 3771:
Jabir b. Abdullah (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) saying: If You sell fruits to your brother (and Jabir b. Ahduthh reported through another chain of narrators: If you were to sell fruits to your brother) and these is a stricken with Calamity, it is not permissible for you to get anything from him. Why do you get the wealth of your brother, without jutification?
________________________________________
Book 010, Number 3772:
A hadith like this has been narrated on the authority of Juraij with the same chain of transmitters.
________________________________________
Book 010, Number 3773:
Anas (Allah be pleased with him) reported that Allah’s Apostle (may peace be upon him) forbade the sale of the fruit of date-palms until it becomes mellow. We (some of the other narrators in the chain of transmitters) said: What does the word” mellow” mean? He said: (There the fruit) turns red or yellow. Don’t you see if Allah had checked (the growth of) fruits; then what for the wealth of your brother would be permissible for you?
________________________________________
Book 010, Number 3774:
Anas b. Malik (Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) forbade the sale of fruits until these are mellow. They (the companions of Anas) said: What is meant by” mellow”? He said: It implies that these became red. He said: When Allah hinders the growth of fruits, (then) what for the wealth of your brother would become permissible for you?
________________________________________
Book 010, Number 3775:
Anas (Allah be pleased with him) reported Allah’s Apostle (may peace be upon him) as saying: If Allah does not fructify them, then what is permissible for one of you to take the wealth of his brother?
________________________________________
Book 010, Number 3776:
Jabir (Allah be pleased with him) reported that Allah’s Apostle (may peace be upon him) commanded to make deductions in the payment of that stricken with a Calamity.

Chapter 25: EXCELLENCE OF MAKING REDUCTION IN THE DEBT
________________________________________
Book 010, Number 3777:
Abu Sa’id al-Khudri (Allah be pleeased with him) reported that in the time of Allah’s Messenger (may peace be upon him) a man suffered loss in fruits he had bought and his debt increased; so Allah’s Messenger (may peace be upon him) told (the people) to give him charity and they gave him charity, but that was not enough to pay the debt in full, whereupon Allah’s Messenger (may peace be upon him) said to his creditors:” Take what you find, you will have nothing but alms.
________________________________________
Book 010, Number 3778:
This hadith has been narrated on the authority of Bukair b. al-Ashajj with the same chain of transmitters.
________________________________________
Book 010, Number 3779:
A’isha (Allah be pleased with her) reported: Allah’s Messenger (may peace be upon him) heard the voices of altercation of two disputants at the door; both the voices were quite loud. The one demanded some remission and desired that the other one should show leniency to him, whereupon the (other one) was saying: By Allah will not do that. Then there came Allah’s Messenger (may peace be upon him) to them and said: Where is he who swears by Allah that he would not do good? He said: Massenger of Allah, it is I. He may do as he desires.
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Book 010, Number 3780:
Abdullah b. Ka’ab b. Malik reported from his father that he pressed in the mosque Ibn Abu Hadrad for the payment of the debt that he owed to him during the lifetime of Allah’s Messenger (may peace be upon him). (In this altercation) their voices became loud, until Allah’s Messenger (may peace be upon him) heard them, while he was in the house, so Allah’s Messenger (may peace be upon him) came out towards them, and he lifted the curtain of his apartment and he called upon Ka’b b. Malik and said: O Ka’b. He said: At thy beck and call, Allah’s Messenger. He pointed out with the help of his hand to remit half of the loan due to him. Ka’b said: Allah’s Messenger, I am ready to do that, whereupon Allah’s Messenger (may peace be upon him) said (to Ibn Abu Hadrad): Stand up and make him the payment (of the rest).
________________________________________
Book 010, Number 3781:
Ka’b b. Malik reported that he made a demand for the payment of the debt that Ibn Abu Hadrad owed to him. This hadith is narrated through another chain of transmitters and (the words are):” He had to get the loan from Abdullah b. Hadrad al-Aslami. He met him and pressed him for payment. There was an altercation between them, until their voices became loud. There happened to pass by them Allah’s Messenger (may peace be upon him) and he said: O Ka’b, and pointed out with his hand in such a way as he meant half. So he got half of what he (Ibn Abu Hadrad) owed to him and remitted the half.”

Chapter 26: IF THE BUYER BECOMES INSOLVENT AND THE SELLER FINDS THE COMMODITY SOLD TO THE BUYER INTACT, HE CAN TAKE IT BACK
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Book 010, Number 3782:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: He who found his property intact with a person (who bought it but who later on) became insolvent (or a person who became insolvent), he (the seller) is entitled to get it more than anyone else. ‘
________________________________________
Book 010, Number 3783:
This hadith has been narrated on the authority of Yahya b. Sa’id with the same chain of transmitters (but with a slight variation of words and these are)” Whenever a man becomes poor.”
________________________________________
Book 010, Number 3784:
Abu Huraira (Allah be pleased with him) reported Allah’s Apostle (may peace be upon him) saying about a person who becomes insolvent and (the thing bought by him) is found intact with him, that belongs to one who sold it.
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Book 010, Number 3785:
Abu Huraira (Allah be pleased with him) reported Allah’s Apostle (may peace be upon him) as saying: When a man becomes insolvent (and the other) man (the seller) finds his commodity intact with him, he is more entitled to get it (than anyone else)
________________________________________
Book 010, Number 3786:
This hadith has been narrated on the authority of Qatada with the same chain of transmitters (but with a change of these words):” He is more entitled to get it than any other creditor.”
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Book 010, Number 3787:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: When a inan becomes insolvent, and the other person (seller) finds his goods intact with him, he is more entitled to get them than anyone else.

Chapter 27: MERIT OF GIVING RESPITE TO ONE WHO IS IN STRAITENED CIRCUMSTANCES
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Book 010, Number 3788:
Hudhaifa reported Allah’s Messenger (may peace be upon him) as saying The angels took away the soul of a person who had lived among people who were before you. They (the angels) said: Did you do anything good? He said: No. they said: Try to recall. He said: I used to lend to people and order my servants to give respite to one in straitened circumstances and give allowance to the solvent, for Allah, the Exalted and Majestic, said (to the angels): You should ignore (his failing).
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Book 010, Number 3789:
Hudhaifa reported: A person met his Lord (after death) and He said: What (good) did you do? He said: I did no good except this that I was a rich man, and I demanded from the people (the repayment of debt that I advanced to them). I, however, accepted that which the solvent gave and remitted (the debt) of the insolvent, whereupon He (the Lord) said: You should ignore (the faults) of My servant. Abu Mas’ud (Allah be pleased with him) said: This is what I heard Allah’s Messenger (may peace be upon him) as saying.
________________________________________
Book 010, Number 3790:
Hudhaifa (Allah be pleased with him) reported Allah’s Apostle (may peace be upon him) as saying: A person died and he entered Paradise. It was said to him What (act) did you do? (Either he recalled it himself or he was made to recall), he said I used to enter into transactions with people and I gave respite to the insolvent and did not show any strictness in case of accepting a coin or demanding cash payment. (For these acts of his) he was granted pardon. Abu Mas’ud said: I heard this from Allah’s Messenger (may peace be upon him).
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Book 010, Number 3791:
Hudhaifa (Allah be pleased with him) reported: A servant from amongst the servants of Allah was brought to Him whom Allah had endowed with riches. He (Allah) said to him: What (did you do) in the world? (They cannot conceal anything from Allah) He (the person) said: O my Lord, You endowed me with Your riches. I used to enter into transactions with people. It was my nature to be lenient to (my debtors). I showed leniency to the solvent and gave respite to the insolvent, whereupon Allah said: I have more right than you to do this to connive at My servant. ‘Uqba b. ‘Amir al-Juhani and Abu Mas’ud said: This is what we heard from Allah’s Messenger (may peace be upon him).
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Book 010, Number 3792:
Abu Mas’ud (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: A person from people who lived before you was called to account (by Allah at the Day of Judgment) and no good was found in his account except this that lie being a rich man had (financial) dealings with people and had commanded his servants to show leniency to the straitened ones. Upon this Allah, the Exalted and Majestic, said: We have more right to this, so overlook (his faults).
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Book 010, Number 3793:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: There was a person who gave loans to the people and said to his men: When an insolvent comes to you show him leniency that Allah may overlook our (faults). So when he met Allah, He overlooked his faults (forgave him).
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Book 010, Number 3794:
A hadith like this is narrated on the authority of Abu Huraira (Allah be pleased with him).
________________________________________
Book 010, Number 3795:
Abdullah b. Abu Qatida reported that Abu Qatada (Allah be pleased with him) demanded (the payment of his debt) from his debtor but he disappeared; later on he found him and he said: I am hard up financially, whereupon he said: (Do you state it) by God? He said: By God. Upon this he (Qatada) said: I heard Allah’s Messenger (may peace be upon him) as saying: He who loves that Allah saves him from the torments of the Day of Resurrection should give respite to the insolvent or remit (his debt) This hadith has been narrated on the authority of Ayyob with the same chain of transmitters.

Chapter 28: IT IS FORBIDDEN FOR A SOLVENT TO MAKE DELAY IN THE PAYMENT OF DEBT, AND THE DESIRABILITY OF A REFERENCE, AND IT IS EXCELLENT FOR THE RICH MAN TO ACCEPT THAT WHEN REFERENCE IS MADE TO HIM
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Book 010, Number 3796:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: Delay (in the payment of debt) on the part of a rich man is injustice, and when one of you is retired to a rich man, he should follow him.
________________________________________
Book 010, Number 3797:
A hadith like this has been transmitted on the authority of Abu Huraira (Allah be pleased with him).

Chapter 29: PROHIBITION OF THE SALE OF EXCESS WATER IN THE BARREN LANDS, AND PREVENTING PEOPLE TO USE IT, AND HIRING A CAMEL TO COVER A SHE-CAMEL
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Book 010, Number 3798:
Jabir b. ‘Abdullah (, Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) forbade the sale of excess water.
________________________________________
Book 010, Number 3799:
Jabir b. ‘Abdullah (Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) forbade the hiring of a Camel to cover a she-Camel and from selling water and land to be tilled. So from all this the Messenger of Allah (may peace be upon him) forbade.
________________________________________
Book 010, Number 3800:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: Excess water must not be withheld so that the growth of herbage may be hindered.
________________________________________
Book 010, Number 3801:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: Do not withhold excess of water, so that you may prevent the growth of herbage.
________________________________________
Book 010, Number 3802:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: The excess of water should not be sold in order to enable the sate of herbage.

Chapter 30: THE PRICE OF A DOG, THE SWEETS OF A KAHIN, THE EARNINGS OF A PROSTITUTE AND THE SELLING OF A CAT ALL FORBIDDEN
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Book 010, Number 3803:
Aba Mas’ud al-Ansari (Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) forbade the charging of price of the dog, and earnings of a prostitute and sweets offered to a kahin.
________________________________________
Book 010, Number 3804:
A hadith like this is reported on the authority of Abu Mas’ud through another chain of transmitters.
________________________________________
Book 010, Number 3805:
Rafi b. Khadij (Allah be pleased with him) reported: I heard Allah’s Apostle (may peace be upon him) as saying: The worst earning is the earning of a prostitute, the price of a dog and the earning of a cupper.
________________________________________
Book 010, Number 3806:
Rafi b. Khadij reported Allah’& Messenger (may peace be upon him) as saying: The price of a dog is evil, the earning of a prostitute is evil and the earning of a cupper is evil.
________________________________________
Book 010, Number 3807:
A hadith like this has been narrated on the authority of Rifi’ b. Khadlj through another chain of transmitters.
________________________________________
Book 010, Number 3808:
Abu Zubair said: I asked Jabir about the price of a dog and a cat; he said: Allah’s Messenger (may peace be upon him) disapproved of that.

Chapter 31: COMMAND OF KILLING DOGS AND THEN ITS ABROGATION, AND PROHIBITION OF KEEPING THEM BUT FOR HUNTING AND PROTECTION OF LANDS OR CATTLE OR LIKE THAT
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Book 010, Number 3809:
Ibn ‘Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) giving command for killing dogs.
________________________________________
Book 010, Number 3810:
Ibn ‘Umar (Allah be pleased with them) reported: Allah’s Messenger (may peace be upon him) ordered to kill dogs, and he sent (men) to the corners of Medina that they should be killed.
________________________________________
Book 010, Number 3811:
Abdullah (b. Umar) (Allah be pleased with them) reported: Allah’s Messenger (may peace be upon him) ordered the killing of dogs and we would send (men) in Medina and its corners and we did not spare any dog that we did not kill, so much so that we killed the dog that accompanied the wet she-camel belonging to the people of the desert.
________________________________________
Book 010, Number 3812:
Ibn Umar (Allah be pleased with them) reported that Allah’s Messenger (may peace be, upon him) ordered the killing of dogs except the dog tamed for hunting, or watching of the herd of sheep or other domestic animals. It was said to Ibn Umar (Allah be pleased with them) that Abu Huraira (Allah be pleased with him) talks of (exception) about the dog for watching the field, whereupon he said: Since Abu Huraira (Allah be pleased with him) possessed land.
________________________________________
Book 010, Number 3813:
Abu Zubair heard Jabir b. ‘Abdullah (Allah be pleased with him) saying: Allah’s Messenger (may peace be upon him) ordered us to kill dogs, and we carried out this order so much so that we also kill the dog coming with a woman from the desert. Then Allah’s Apostle (may peace be upon him) forbade their killing. He (the Holy Prophet further) said: It is your duty the jet-black (dog) having two spots (on the eyes), for it is a devil.
________________________________________
Book 010, Number 3814:
Ibn Mughaffal reported: Allah’s Messenger (may peace be upon him) ordered the killing of dogs and then said: what is the trouble with them (the people of Medina)? How dogs are nuisance to them (the citizens of Medina)? He then permitted keehing of dogs for hunting and (the protection of) herds. In the hadith transmitted on the authority of Yahya, he (the Holy Prophet) permitted the keeping of dogs for (the protection of) herds, for hunting and (the protection of) cultivated land.
________________________________________
Book 010, Number 3815:
Ibn Umar (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: He who keeps a dog other than that meant for watching the herd or for hunting loses every day out of his deeds equal to two qirat.
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Book 010, Number 3816:
Salim reported on the authority of his father that Allah’s Apostle (may peace be upon him) said: He who kept a dog other than one meant for hunting or for watching the herd, lost two qirat of his reward every day.
________________________________________
Book 010, Number 3817:
Ibn ‘Umar reported Allah’s Messenger (may peace be upon him) as saying He who kept a dog other than one meant for hunting or for watching the herd lost out of his deeds (equal to) two qirat every day.
________________________________________
Book 010, Number 3818:
Salim b. ‘Abdullah reported on the authority of his father that Allah’s Messenger (may peace be upon him) said: He who kept a dog other than one meant for watching the herd or for hunting would lose every day two qirat of his good deeds. ‘Abdullah and Abu Huraira also said: Or dog meant for watching the field.
________________________________________
Book 010, Number 3819:
Salim reported on the authority of his father (Allah be pleased with him) that Allah’s Messenger (may peace be upon him) said: He who kept a dog other than one meant for hunting or for the protection of the herd would lose two qirat of his deeds every day. Salim said: Abu Huraira (Allah be pleased with him) used to say: Or the dog meant for watching the field, and he was the owner of the land.
________________________________________
Book 010, Number 3820:
Salim b. Abdullah reported on the authority of his father that Allah’s Messenger (may peace be upon him) said: Whosover amongst the owners of the house keeps a dog other than one meant for watching the herd or for hunting loses two qirat of his deeds every day.
________________________________________
Book 010, Number 3821:
Ibn Umar (Allah be pleased with them) narrated Allah’s Messenger (may peace be upon him) as saying: He who kept a dog ther than one meant for watching the fields or herds or hunting would lose one qirat every day out of his reward (with God).
________________________________________
Book 010, Number 3822:
Abu Huraira reported Allah’s Messenger (may peace be upon him) as saying: He who kept a dog which is neither meant for hunting nor for watching the anitmals nor for watching the fields would lose two qirat every day out of his reward; and there is no mention of the fields in the hadith transmitted by Abu Tahir.
________________________________________
Book 010, Number 3823:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: He who kept a dog except one meant for watching the herd, or for hunting or for watching the fields. he lost two qirat of reward every day. Zuhri said: The words of Abu Huraira (Allah be pleased with him) were conveyed to Ibn Umar who said: May Allah have mercy upon Abu Huraira; he owned a field.
________________________________________
Book 010, Number 3824:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: He who kept a dog would lose out of his deeds equal to one qirat every day. except (one kept) for watching the field or herd.
________________________________________
Book 010, Number 3825:
A hadith like this has been transmitted on the authority of Abu Huraira.
________________________________________
Book 010, Number 3826:
This hadith has been reported on the authority of Yahya b. Abu Kathir with the same chain of transmitters.
________________________________________
Book 010, Number 3827:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: He who kept a dog, but not meant for hunting or watching the herd, would lose one qirat of reward every day.
________________________________________
Book 010, Number 3828:
Sufyan b. Abu Zuhair (he was a person belonging to the tribe of Shanu’a and was amongst the Conpanions of Allah’s Messenger [may peace be upon him ) said: I heard Messenger of Allah (may peace be upon him) as saying: He who kept a dog (other than that) which is indispensable for watching the field or the animals would lose one qirat out of his deeds every day. As-Sa’ib b Yazid (one of the narrators) said: Did you hear it from Allah’s Messenger (may peace be upon him)? He said: Yes. by the Lord of this mosque.
________________________________________
Book 010, Number 3829:
This hadith has been narrated on the authority of Sufyan b. Abu Zuhair al-Shana’i.

Chapter 32: IT IS PERMISSIBLE TO GET THE WAGES OF CUPPING
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Book 010, Number 3830:
It is narrated on the authority of Humaid that Anas b. Malik was asked about the earnings of the cupper. He said: Allah’s Messenger (may peace be upon him) got himself cupped. His cupper was Abu Taiba and he (the Holy Prophet) commanded to give him two sa’s of corn. He (the Holy Prophet) talked with the members of his family and they lightened the burden of Kharaj (tax) from him (i. e. they made remis- sion in the charges of their own accord). He (Allah’s Apostle) said: The best (treat- ment) which you take is cupping, or it is the best of your treatments.
________________________________________
Book 010, Number 3831:
Rumaid reported that Anas b. Malik (Allah be pleased with him) has asked about the earnings of a cupper. Then (the above-mentioned hadith was reported but with this addition) that he said: The best treatment which you get is cupping. or aloeswood and do not torture your children by pressing their uvula.
________________________________________
Book 010, Number 3832:
Humaid reported Anas (Allah be pleased with him) having said this: Allah’s Apostle (may peace be upon him) called for young cupper belonging to us. He capped him and he (the Holy Prophet) commanded that he should be paid one sa’ or one mudd or two mudds (of wheat). It was said (that charges were high) and a reduction was made in the charges.
________________________________________
Book 010, Number 3833:
Ibn Abbas (Allah be pleased with them) reported that Allah’s Messenger (may peace be upon him) got himself cupped and he paid the clipper his charges and he put medicine in his nostrils.
________________________________________
Book 010, Number 3834:
Ibn ‘Abbas (Allah be pleased with them) reported: The slave of Banu Bayada cupped Allah’s Apostle (may peace be upon him) and he gave him his wages, and talked to his master and he reduced the charges, and if this earning was unlawful Allah’s Apostle (may peace be upon him) would not have given it.

Chapter 33: THE SALE QF WINE IS FORBIDDEN
________________________________________
Book 010, Number 3835:
Abu Sa’id al-Khudri (Allah be pleased with him) reported: I heard Allah’s Messenger (may peace be upon him) addressing in Medina. He said: O people, Allah is giving an indication (of the prohibition) of wine. and He is probably soon going to give an order about it. So he who has anything of it with him should sell that, and derive benefit out of it. He (the narrator) said: We waited for some time that Allah’s Apostle (may peace be upon him) said: Verily Allah, the Exalted, has forbidden wine. So who hears this verse and he has anything of it with him, he should neither drink it nor sell it. He (the narrator) said: The people then brought whatever they had of it with them on the streets of Medina and spilt that.
________________________________________
Book 010, Number 3836:
‘Abd al-Rahman b. Wa’ala as-Saba’i (who was an Egyptian) asked ‘Abdullah b. Abbas; (Allah be pleased with them) about that which is extracted from the grapes, whereupon he said: A person presented to Allah’s Messenger (may peace be upon him) a small water-skin of wine. Allab’s Messenger (may peace be upon him) said to him: Do you know that Allah has forbidden it? He said: No. He then whisper- ed to another man. Allah’s Messenger (may peace be upon him) asked him what he had whispered. He said: I advised him to sell that, whereupon he (the Holy Prophet) said: Verily He Who has forbidden its drinking has forbidden its sale also. He (the narrator) said: He opened the waterskin until what was contained in it was spilt.
________________________________________
Book 010, Number 3837:
‘Abd al-Rahman b. Wa’ala narrated this on the authority of ‘Abdullah b. Abbas.
________________________________________
Book 010, Number 3838:
‘A’isha (Allah be pleased with her) reported: When the concluding verses of Sura Baqara were revealed, Allah’s Messenger (may peace be upon him) went out and read them out to the people and then forbade them to trade in wine.
________________________________________
Book 010, Number 3839:
‘A’isha (Allah be pleased with her) reported: When the concluding verses of Sura Baqara pertaining to Riba were revealed, Allah’s Messenger (may peace be upon him) went out to the mosque and he forbade the trade in wine.

Chapter 34: PROHIBITION OF THE SALE OF WINE, CARCASS, SWINE AND IDOLS
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Book 010, Number 3840:
Jabir b. ‘Abdullah (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying in the Year of Victory while he was in Mecca: Verily Allah and His Messenger have forbidden the sale of wine, carcass, swine and idols, It was said: Allah’s Messenger, you see that the fat of the carcass is used for coating the boats and varnishing the hides and people use it for lighting purposes, whereupon he said: No, it is forbidden, Then Allah’s Messenger (may peace be upon him) said: May Allah the Exalted and Majestic destroy the Jews; when Allah forbade the use of fat of the carcass for them, they melted it, and then sold it and made use of its price (received from it).
________________________________________
Book 010, Number 3841:
Yazid b. Abu Habib reported: ‘Ata’ reported to me that he heard Jabir (b. ‘Abdullah) saying it that he had heard that from Allah’s Messenger (may peace be upon him) in the Year of Victory.
________________________________________
Book 010, Number 3842:
Ibn Abbas (Allah be pleased with him) reported: This news reached ‘Umar that Samura had sold wine, whereupon he said: May Allah destroy Samura; does he not know that Allah’s Messenger (may peace be upon him) said:” Let there be the curse of Allah upon the Jews that fat was declared forbidden for them, but they melted it and then sold it”?
________________________________________
Book 010, Number 3843:
This hadith has been narrated on the authority of ‘Amr b. Dinar with the same chain of transmitters.
________________________________________
Book 010, Number 3844:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: May Allah destroy the Jews for Allah forbade the use of fat for them, but they sold it and made use of its price.

Chapter 35: RIBA (USURY)
________________________________________
Book 010, Number 3845:
Abu Salid al-Khudri reported Allah’s Messenger (may peace be upon him) as saying: Do not sell gold for gold, except like for like, and don’t increase something of it upon something; and don’t sell silver unless like for like, and don’t increase some thing of it upon something, and do not sell for ready money something to be given later.
________________________________________
Book 010, Number 3846:
Nafi’ reported that Ibn ‘Umar told him that a person of the tribe of Laith said that Abu Sa’id al-Kludri narrated it (the above-mentioned hadith) from tile Messenger of Allah (may peace be upon him) in a narration of Qutaiba. So ‘Abduliali and Nafi’ went along with him, and in the hadith transmitted by Ibn Rumh (the words are) that Nafi’ said: ‘Abdullah (b. ‘Umar) went and I along with the person belonging to Banu Laith entered (the house) of Sa’id al-Khudri, and he (‘Abdullah b. Umar) said: I have been informed that you say that Allah’s Messenger (may peace be upon him) forbade the sale of silver with silver except in case of like for like, and sale of gold for gold except in case of like for like. Abu Sa’id pointed towards this eyes and his ears with his fingers and said: My eyes saw, and my ears listened to Allah’s Messenger (may peace be upon him) saying: Do not sell gold for gold, and do not sell silver for silver except in case of like for like, and do not increase something of it upon something, and do not sell for ready money something, not present, but hand to hand.
________________________________________
Book 010, Number 3847:
This hadith has been narrated on the authority of Abu Sa’id al-Khudri through another chain of transmitters.
________________________________________
Book 010, Number 3848:
Abu Sa’id al-Khudri (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: Do not sell gold for gold and silver for silver weight for weight or of the same quality.
________________________________________
Book 010, Number 3849:
‘Uthman b. ‘Affan reported Allah’s Messenger (may peace be upon him) as saying: Do not sell a dinar for two dinars and one dirham for two dirhams.

Chapter 36: CONVERSION OF CURRENCY AND SELLING OF GOLD FOR SILVER ON THE SPOT
________________________________________
Book 010, Number 3850:
Malik b. Aus b. al-Hadathan reported: I came saying who was prepared toexchange dirhams (for my gold), whereupon Talha b. Ubaidullah (Allah be pleased with him) (as he was sitting with ‘Umar b. Khattib) said: Show us your gold and then come to us (at a later time). When our servant would come we would give you your silver (dirhams due to you). Thereupon ‘Umar b. al-Khattib (Allah be pleased with him) said: Not at all. By Allah, either give him his silver (coins). or return his gold to him, for Allah’s Messenger (may peace be upon him) said: Exchange of silver for gold (has an element of) interest in it. except when (it is exchanged) on the spot;and wheat for wheat is an interest unless both are handed over on the spot: barley for barley is interest unless both are handed over on the spot; dates for dates is interest unless both are handed over on the Spot.
________________________________________
Book 010, Number 3851:
This hadith has been narrated on the authority of Zuhri with the same chain of transmitters.
________________________________________
Book 010, Number 3852:
Abil Qiliba reported: I was in Syria (having) a circle (of friends). in which was Muslim b. Yasir. There came Abu’l-Ash’ath. He (the narrator) said that they (the friends) called him: Abu’l-Ash’ath, Abu’l-Ash’ath, and he sat down. I said to him: Narrate to our brother the hadith of Ubada b. Samit. He said: Yes. We went out on an expedition, Mu’awiya being the leader of the people, and we gained a lot of spoils of war. And there was one silver utensil in what we took as spoils. Mu’awiya ordered a person to sell it for payment to the people (soldiers). The people made haste in getting that. The news of (this state of affairs) reached ‘Ubada b. Samit, and he stood up and said: I heard Allah’s Messenger (may peace be upon him) forbidding the sale of gold by gold, and silver by silver, and wheat by wheat, and barley by barley, and dates by dates, and salt by salt, except like for like and equal for equal. So he who made an addition or who accepted an addition (committed the sin of taking) interest. So the people returned what they had got. This reached Mu’awiya. and he stood up to deliver an address. He said: What is the matter with people that they narrate from the Messenger (may peace be upon him) such tradition which we did not hear though we saw him (the Holy Prophet) and lived in his company? Thereupon, Ubida b. Samit stood up and repeated that narration, and then said: We will definitely narrate what we heard from Allah’s Messenger (may peace be upon him) though it may be unpleasant to Mu’awiya (or he said: Even if it is against his will). I do not mind if I do not remain in his troop in the dark night. Hammad said this or something like this.
________________________________________
Book 010, Number 3853:
Ubida b. al-Simit (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) 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 hand to hand. If these classes differ, then sell as you wish if payment is made hand to hand.
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Book 010, Number 3854:
Abu Sa’id al-Khudri (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: Gold is to be paid for by gold, silver by silver, wheat by wheat, barley by barley, dates by dates, salt by salt, like by like, payment being made hand to hand. He who made an addition to it, or asked for an addition, in fact dealt in usury. The receiver and the giver are equally guilty.
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Book 010, Number 3855:
This hadith has been narrated on the authority of Abu Sa’id al-Khudri (Allah be pleased with him) through another chain of transmitters.
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Book 010, Number 3856:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: Dates are to be paid for by dates, wheat by wheat, barley by barley, salt by salt, like for like, payment being made on the spot. He who made an addition or demanded an addition, in fact, dealt in usury except in case where their classes differ. This hadith has been narrated on the authority of Fudail b. Ghazwan with the same chain of transmitters, but he made no mention of (payment being) made on the spot.
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Book 010, Number 3857:
Abu Huraira (Allah be pleased with him) reported Allah’s Mess-., nger (may peace be upon him) as saying: Gold is to be paid for by gold with equal weight, like for like, and silver is to be paid for by silver with equal weight, like for like. He who made an addition to it or demanded an addition dealt in usury.
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Book 010, Number 3858:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: Let dinar be exchanged for dinar, with no addition on either side and dirham be exchanged for dirham with no addition on either side. This hadith has been narrated on the authority of Musa b. Abu Tamim with the same chain of transmitters.

Chapter 37: THE SALE OF SILVER FOR GOLD IS PROHIBITED WHEN PAYMENT IS TO BE MADE IN FUTURE
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Book 010, Number 3859:
Abu Minhal reported: My partner sold silver to be paid in the (Hajj) season or (in the days of) Hajj. He (my partner) came to me and informed me, and I said to him: Such transaction is not desirable. He said: I sold it in the market (on loan) but nobody objected to this. I went to al-Bara’ b. ‘Azib and asked him, and he said: Allah’s Apostle (may peace be upon him) came to Medina and we made such transaction, whereupon he said: In case the payment is made on the spot, there is no harm in it, and in case (it is ‘sold) on loan, it is usury. You better go to Zaid b. Arqam, for he is a greater trader than I; so I went to him and asked him, and he said like it.
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Book 010, Number 3860:
Habib reported that he heard Abu Minhal as saying: I asked al-Bara’ b. Azib about the exchange of (gold for silver or vice versa), whereupon he said: you better ask Zaid b. Arqam for he knows more than I. So I asked Zaid but he said: You better ask al-Bara’ for he knows more than I. Then both of them said: Allah’s Messenger (may peace be upon him) forbade the sale of silver for gold when payment is to be made in future.
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Book 010, Number 3861:
Abd al-Rabman b. Abia Bakra reported on the authority of his father that Allah’s Messenger (may peace be upon him) forbade the sale of gold for gold, and silver for silver except equal for equal, and commanded us to buy silver for gold as we desired and buy gold for silver as we desired. A person asked him (about the nature of payment), whereupon he said: It is to be made on the spot. This is what I heard (from Allah’s Messenger (may peace be upon him ).
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Book 010, Number 3862:
Abd al-Rabman b. Abu Bakra said: Allah’s Messenger (may peace be upon him) prohibited us. The rest of the hadith is the same.

Chapter 38: THE SALE OF GOLD NECKLACE STUDDED WITH PEARLS
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Book 010, Number 3863:
Fadala b. Ubaid al-Ansari reported: A necklace having gold and gems in it was brought to Allah’s Messenger (may peace be upon him) in Khaibar and it was one of the spoils of war and was put to sale. Allah’s Messenger (may peace be upon him) said: The gold used in it should be separated, and then Allah’s Messenger (may peace be upon him) further said: (Sell) gold for gold with equal weight.
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Book 010, Number 3864:
Fadila b. ‘Ubaid (Allah be pleased with him) reported: I bought on the day (of the Victory of Khaibar) a necklace for twelve dinars (gold coins). It was made of gold studded with gems. I separated (gold from gems) in it, and found (gold) of more (worth) than twelve dinars. I made a mention of it to Allah’s Apostle (may peace be upon him), whereupon he said: It should not be sold unless it is separated.
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Book 010, Number 3865:
A hadith like this is narrated on the authority of Sa’id b. Yazid with the same chain of transmitters.
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Book 010, Number 3866:
Fadala b. ‘Ubaid reported: We were in the company of Allah’s Messenger ( may peace be upon him) on the day (of the Victory of) Khaibar, and made transaction with the Jews for the ‘uqiya of gold for the dinars or three (gold coins), whereupon Allah’s Messenger (may peace be upon him) said: Do not sell gold for gold but for equal weight
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Book 010, Number 3867:
Hanash reported: We were along with Fadala b. Ubaid (Allah be pleased with him) in an expedition. There fell to my and my friend’s lot a necklace made of gold, silver and jewels. I decided to buy that. I asked Fadala b. ‘Ubaid, whereupon he said: Separate its gold and place it in one pan (of the balance) and place your gold in the other pan, and do not receive but equal for equal, for I heard Allah’s Messenger (may peace be upon him) as saying: He who believes in Allah and the Hereafter should not take but equal for equal.

Chapter 39: SALE OF WHEAT LIKE FOR LIKE
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Book 010, Number 3868:
Ma’mar b. Abdullah reported that he sent his slave with a sa’ of wheat and said to him: Sell it, and then buy with it barley. The slave went away and he got a sa’ (of barley) and a part of sa’ over and above that. When he came to Ma’mar he informed him about that, whereupon Ma’mar said to him: Why did you do that? Go back and return that, and do not accept but weight, for weight, for I used to hear from Allah’s Apostle (may peace be upon him) as saying: Wheat for wheat and like for like. He (one of the narrators) said: Our food in those days consisted of barley. It was said to him (Ma’mar) that (wheat) is not like that (barley). He replied: I am afraid these may not be similar
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Book 010, Number 3869:
Abu Huraira and Abu Sa’id al-Khudri (Allah be pleased with them) reported that Allah’s Messenger (may peace be upon him) deputed a person from Banu ‘Adi al-Ansari to collect revenue from Khaibar. He came with a fine quality of dates, whereupon Allah’s Messenger (may peace be upon him) said to him: Are all the dates of Khaibar like this? He said: Allah’s Messenger, it is not so. We buy one sa’ of (fine quality of dates) for two sa’s out of total output (including even the inferior quality of dates), whereupon Allah’s Messenger (may peace be upon him) said: Don’t do that, but like for like, or sell this (the inferior quality and receive the price) and then buy with the price of that, and that would make up the measure.
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Book 010, Number 3870:
Abu Huraira (Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) deputed a person to collect revenue from Khaibar. He brought fine quality of dates, whereupon Allah’s Messenger (may peace be upon him) said: Are all the dates of Khaibar like this)? He said: No. We got one sa’ (of fine dates) for two sa’s (of inferior dates), and (similarly) two sa’s for three sa’s. Thereupon Allah’s Messenger (may peace be upon him) said: Don’t do that rather sell the inferior quality of dates for dirhams (money), and then buy the superior quality with the help of dirhams.
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Book 010, Number 3871:
Abd Sa’id reported: Bilal (Allah be pleased with him) came with fine quality of dates. Allah’s Messenger (may peace be upon him) said to him: From where (you have brought them)? Bilal said: We had inferior quality of dates and I exchanged two sa’s (of inferior quality) with one sa (of fine quality) as food for Allah’s Apostle (may peace be upon him), whereupon Allah’s Messenger (may peace be upon him) said: Woe! it is in fact usury; therefore, don’t do that. But when you intend to buy dates (of superior quality), sell (the inferior quality) in a separate bargain and then buy (the superior quality). And in the hadith transmitted by Ibn Sahl there is no mention of” whereupon”.
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Book 010, Number 3872:
Abu Sa’id (Allah be pleased with him) reported: Dates were brought to Allah’s Messenger (may peace be upon him), and he said: These dates are not like our dates, whereupon a man said: We sold two sa’s of our dates (in order to get) one sa’, of these (fine dates), whereupon Allah’s Messenger (may peace be upon him) said: That is interest; so return (these dates of fine quality), and get your (inferior dates) ; then sell our dates (for money) and buy for us (with the help of money) such (fine dates).
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Book 010, Number 3873:
Abu Sa’id (Allah be pleased with him) reported: We were given to eat, during the lifetime of Allah’s Messenger (may peace be upon him), dates of different qualities mixed together, and we used to sell two sa’s of these for one sa, (of fine quality of dates). This reached Allah’s Messenger (may peace be upon him), whereupon he said: There should be no exchange of two sa’s of (inferior) dates for one sa (of fine dates) and two sa’s of (inferior) wheat for one sa’ of (fine) wheat. and one dirham for two dirharms.
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Book 010, Number 3874:
Abu Nadra reported: I asked Ibn Abbas (Allah be pleased with them) about the conversion (of gold and silver for silver and gold). We said: Is it hand to hand exchange? I said: Yes. whereupon he said: There is no harm in it. I informed Abu Sa’id about it, telling him that I had asked Ibn ‘Abbas about it and he said: Is it hand to hand exchange? I said: Yes, whereupon he said: There is no harm in it. He (the narrator) said, or he said like it: We will soon write to him, and he will not give you this fatwa (religious verdict). He said: By Allah, someone of the boy-servants of Allah’s Messenger (may peace be upon him) brought dates, but he refused to accept them (on the plea) that those did not seem to be of the dates of our land. He said: Something had happened to the dates of our land, or our dates. So I got these dates (in exchange by giving) excess (of the dates of our land), whereupon he said: You made an addition for getting the fine dates (in exchange) which tantamounts, to interest; don’t do that (in future). Whenever you find some doubt (as regards the deteriorating quality of) your dates, sell them, and then buy the dates that you like.
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Book 010, Number 3875:
Abu Nadra reported: I asked Ibn Umar and Ibn Abbas (Allah be pleased with them) about the conversion of gold with gold but they did not find any harm in that. I was sitting in the company of Abd Sa’id al-Khudri (Allah be pleased with him) and asked him about this exchange, and he said: Whatever is addition is an’ interest. I refused to accept it on account of their statement (statement of Ibn ‘Abbas and Ibn ‘Umar). He said: I am not narrating to you except what I heard from Allah’s Messenger (may peace be upon him). There came to him the owner of a date-palm with one sa’ of fine dates, and the dates of Allah’s Apostle (may peace be upon him) were of that colour. Allah’s Apostle (may peace be upon him) said to him: Where did you get these dates? I went with two sa’s of (inferior dates) and bought one sa’ of (these fine dates), for that is the prevailing price (of inferior dates) in the market and that is the price (of the fine quality of dates in the market), whereupon Allah’s Messenger (may peace be upon him) said: Woe be upon you! You have dealt in interest, when you decide to do it (i. e. exchange superior quality of dates for inferior quality) ; so you should sell your dates for another commodity (or currency) and then with the help of that commodity buy the dates you like. Abu Sa’ad said: When dates are exchanged for dates (with different qualities) there is the possibility (of the element of) interest (creeping into that) or when gold is exchanged for gold having different qualities. I subsequently came to Ibn ‘Umar and he forbade me (to do it), but I did not come to Ibn ‘Abbas; (Allah be pleased with them). He (the narrator) said: Abu as-Sahba’ narrated to me: He asked Ibn Abbas (Allah be pleased with them) in Mecca, and he too disapproved of it.
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Book 010, Number 3876:
Abu Salih reported: I heard Abu Sa’id al-Khudri (Allah be pleased with him) said: Dinar (gold) for gold and dirham for dirham can be (exchanged) with equal for equal; but he who gives more or demands more in fact deals in interest. I sald to him: Ibn ‘Abbas (Allah be pleased with them) says otherwise, whereupon he said: I met Ibn ‘Abbas (Allah be pleased with them) and said: Do you see what you say; have you heard it from Allah’s Messenger (may peace be upon him), or found it in the Book of Allah, the Glorious and Majestic? He said: I did not hear it from Allah’s Messenger (may peace be upon him). and I did not find it in the Book of Allah (Glorious and Majestic), but Usama b. Zaid narrated it to me that Allah’s Apostle (may peace be upon him) said: There can be an element of interest in credit.
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Book 010, Number 3877:
Ubaidullah b. Abu Yazid heard Ibn ‘Abbas (Allah be pleased with them) as saying: Usama b. Zaid reported Allah’s Apostle (may peace be upon him) as saying: There can be an element of interest in credit (when the payment is not equal).
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Book 010, Number 3878:
Ibn ‘Abbas; (Allah be pleased with them) reported on the authority of Usama b. Zaid Allah’s Messenger (may peace be upon him) as having said this: There is no element of interest when the money or commodity is exchanged hand to hand.
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Book 010, Number 3879:
Ata’ b. Abu Rabah reported: Abu Sa’id al-Khudri (Allah be pleased with them) met Ibn ‘Abbas (Allah be pleased with them) and said to him: What do you say in regard to the conversion (of commodities or money) did you hear it from Allah’s Messenger (may peace be upon him), or is it something which you found In Allah’s Book, Majestic and Glorious? Thereupon Ibn Abbas (Allah be pleated with them) said: I don’t say that. So far at Allah’s Massenger (may peace be upon him) is concerned, you know him better, and to far as the Book of Allah to concerned, I do not know it (more than you do), but ‘Usama b. Zaid (Allah be pleased with him) narrated to me Allah’s Messenger (may peace be upon him) as having said this: Beware, there can be an element of interest in credit.

Chapter 40: HE (THE HOLY PROPHET) CURSED THE ONE WHO ACCEPTSINTEREST AND THE ONE WHO PAYS IT
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Book 010, Number 3880:
‘Abdullah (b. Mas’ud) (Allah be pleased with him) said that Allah’s Messenger (may peace be upon him) cursed the one who accepted interest and the one who paid it I asked about the one who recorded it, and two witnesses to it. He (the narrator) said: We narrate what we have heard.
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Book 010, Number 3881:
Jabir said that Allah’s Messenger (may peace be upon him) cursed the accepter of interest and its payer, and one who records it, and the two witnesses, and he said: They are all equal.

Chapter 41: ACCEPTING THAT WHICH IS LAWFUL AND ABANDONING THAT WHICH IS DOUBTFUL
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Book 010, Number 3882:
Nu’man b. Bashir (Allah be pleased with him) reported: I heard Allah’s Messenger (may peace be upon himn) as having said this (and Nu’man) pointed towards his ears with his fingers): What is lawful is evident and what is unlawful is evident, and in between them are the things doubtful which many people do not know. So he who guards against doubtful things keeps his religion and honour blameless, and he who indulges in doubtful things indulges in fact in unlawful things, just as a shepherd who pastures his animals round a preserve will soon pasture them in it. Beware, every king has a preserve, and the things God his declaced unlawful are His preserves. Beware, in the body there is a piece of flesh; if it is sound, the whole body is sound and if it is corrupt the whole body is corrupt, and hearken it is the heart.
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Book 010, Number 3883:
This hadith has been narrated on the authority of Zakariya with the same chain of transmitters.
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Book 010, Number 3884:
AI-Nu’man b. Bashir reported it from Allah’s Apostle (may peace be upon him). The hadith narrated by Zakariya is, however, more complete and lengthy than the other ones.
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Book 010, Number 3885:
Nu’man b. Bashir b. Sa’d, a Companion of Allah’s Messenger (may peace be upon him) was heard delivering a sermon at Hims and was saying: I heard Allah’s Messenger (way peace be upon him) as saying: The lawful is evident and the unlawful is evident, the rest of the hadith is the same as related by Zakariya.

Chapter 42: THE SELLING OF THE CAMEL AND STIPULATION OF RIDING ON IT
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Book 010, Number 3886:
Jabir b. ‘Abdullah (Allah be pleased with them) reported that he was travelling on his camel which had grown jaded, and he decided to let it off. When Allah’s Apostle (may peace be upon him) met him and prayed for him and struck it, so it trotted as it had never trotted before. He said: Sell it to me for an ‘uqaya. I said: No. He again said: Sell it to me. So I sold it to him for an ‘uqaya, but made the stipulation that I should be allowed to ride back to my family. Then when I came to (my place) I took the camel to him and he paid me its price in ready money. I then went back and he sent: (someone) behind me (and as I came) he said: Do you see that I asked you to reduce price for buying your camel. Take your camel and your coins; these are yours.
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Book 010, Number 3887:
This hadith has been narrated on the authority of Jabir through another chain of transmitters.
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Book 010, Number 3888:
Jabir b. ‘Abdullah (Allah be pleased with them) reported: I went on an expedition with Allah’s Messenger (may peace be upon him). He overtook me and I was on a water-carrying camel who had grown tired and did not walk (trot). He (the Holy Prophet) said to me: What is the matter with your camel? I said: It is sick. He (the Holy Prophet) stepped behind and drove it and prayed for it, and then it always moved ahead of other camels. He (then) said: How do you find your camel? I said: It is, by the grace of your prayer, all right. He said: Would you sell this (camel) to me? I felt shy (to say him,” No” ) as we had no other camel for carrying water, but (later on) I said: Yes, and to I sold it to him on the condition that (I would be permitted) to ride it until I reached Madina. I said to him: Allah’s Messenger, I am newly married, so I asked his permission (to go ahead of the caravan). He permitted me, and I reached Medina well in advance of other people, until I reached my destination. There my maternal uncle met me and asked me about the camel, and I told him what I had done with regard to it. He reproved me in this connection. He (Jabir) said: When I asked his permission (to go ahead of the caravan) Allah’s Messenger (may peace be upon him) inquired of me whether I had married a virgin or a non-virgin. I said to him: I have married a non-virgin. He said: Why did you not marry a virgin who would have played with you and you would have played with her? I said to him: Allah’s Messenger, my father died (or he fell as a martyr), and I have small sisters to (look after), so I did not like the idea that I should marry a woman who is like them and thus be not able to teach them manners and look after them properly. So I have married a non-virgin so that she should be able to look after them and teach them manners, When Allah’s Messenger (may peace be upon him) came to Medina, I went to him in the morning with the camel. He paid me its price and returned that (the camel) to me.
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Book 010, Number 3889:
Jabir reported: We went from Mecca to Medina with Allah’s Messenger (may peace be upon him) when my camel fell ill, and the rest of the hadith is the same. (But it in also narrated in it: ) He (the Holy Prophet) said to me: Sell your camel to me. I said: No, but it is yours. He said: No. (it can’t be), but sell it to me. I said: No, but, Allah’s Messenger, it is yours. He said: No, it can’t be, but sell it to me. I said: Then give me an ‘uqaya of gold for I owe that to a person and then it would be yours. He (the Holy Prophet) said: I take it (for an ‘uqiya of gold) and you reach Medina on it. As I reached Medina, Allah’s Messenger (may peace be upon him) said to Bilal: Give him an ‘uqiya of gold and make some extra payment too. He (Jabir) said: He gave me an ‘uqiya of gold and made an addition of a qirat. He (Jabir) said: The addition made by Allah’s Messenger (may peace be upon him) was with me (as a sacred trust for belssing) and lay with me in a pocket until the people of Syria took it on the Day of Harra.
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Book 010, Number 3890:
Jabir b. ‘Abdullah (Allah be pleased with them) reported: We were with Allah’s Messenger (may peace be upon him) in a journey and my camel meant for carrying water lagged behind. The rest of the hadith is the same and it is mentioned also: Allah’s Messenger (may peace be upon him) pricked it and then said to me: Ride in the name of Allah. He constantly made addition (in prayers for me) and went on saying. May Allah forgive you!
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Book 010, Number 3891:
Jabir (Allah be pleased with him) reported: My camel had grown tired as Allah’s Messenger (may peace be upon him) came to me. He goaded it and it began to jump. After that I tried to restrain its rein so that I could listen to his (Prophet’s) words, but I could not do that. Allah’s Apostle (may peace be upon him) met me and said: Sell it to me, and I sold it for five ‘uqiyas. I said: On the condition that I may use it as a ride (for going back) to Medina. He (the Holy Prophet) said: Well, you may use it as a ride up till Medina. When I came to Medina I handed over that to him and he made an addition of an uqiya (to that amount which had been agreed upon) and then presented that (camel) to me.
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Book 010, Number 3892:
Abd Mutawakkil al-Najl reported from Jabir b. ‘Abdullah (Allah be pleased with them) who said: I accompanied Allah’s Messenger (may peace be upon him) in one of his journeys (the narrator says, he said in Jihad), and he narrated the rest of the hadith, and made this addition: He (the Holy Prophet) said: Jabir, have you received the price? I said: Yes, whereupon he said: Yours is the price as well as the camel; yours is the price as well as the camel.
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Book 010, Number 3893:
Jabir b. ‘Abdullah (Allah be pleased with them) reported: Allah’s Messenger (may peace be upon him) bought a camel from me for two ‘uqiyas and a dirham or two dirhams. As he reached Sirar (a village near Medina), he commanded a cow to be slaughtered and it was slaughtered, and they ate of that, and as he (the Holy Prophet) reached Medina he ordered me to go to the mosque and offer two rak’ahs of prayer, and he measured for me the price of the camel and even made an excess payment to me.
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Book 010, Number 3894:
Jabir b. ‘Abdullah (Allah be pleased with them) reported this narration from Allah’s Apostle (may peace be upon him) but with this variation that he said: He (the Holy Prophet) bought the camel from me on a stipulated price. And he did not mention two ‘uqiyas and a dirham or two dirhams, and he comanded a cow (to be slaughtered) and it was slaughtered, and he then distributed its flesh.
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Book 010, Number 3895:
Jabir (Allah be pleased with him) reported that Allah’s Apostle (may peace be upon him) said to him: I have taken your camelfor four dinars, and you may ride upon it to Medina.

Chapter 43: HE WHO TOOK SOMETHING AS A LOAN AND MADE ITS PAYMENT BACK, OVER AND ABOVE THAT (IS APPROVED) AND BEST AMONG YOU IS ONE WHO IS BEST IN MAKING PAYMENT
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Book 010, Number 3896:
Abu Rafi’ reported that Allah’s Messenger (may peace be upon him) took from a man as a loan a young camel (below six years). Then the camels of Sadaqa were brought to him. He ordered Abu Rafi’ to return to that person the young camel (as a return of the loan). Abu Rafi’ returned to him and said: I did not find among them but better camels above the age of six. He (the Holy Propet) said: Give that to him for the best men are those who are best in paying off the debt.
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Book 010, Number 3897:
Abu Rafi’, the freed slave of Allah’s Messenger (may peace be upon him), said: Allah’s Messenger (may peace be upon him) took as a loan (the rest of the hadith is the same), but with this variation that he (the Holy Prophet) said: Good amongst the servants of Allah is he who is best in paying off the debt.
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Book 010, Number 3898:
Abu Huraira (Allah be pleased with him) reported: Allah’s Messenger (may peace be upon him) owed (something) to a person. He behaved in an uncivil manner with him. This vexed the Companions of the Holy Prophet (may peace be upon him), whereupon Allah’s Apostle (may peace be upon him) said: He who has a right is entitled to speak, and said to them (his Companions): Buy a camel for him and give that to him. They said: We do not find a camel (of that age) but one with better age than that. He said: Buy that and give that to him, for best of you or best amongst you are those who are best in paying off debt.
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Book 010, Number 3899:
Abu Huraira (Allah be pleased with him) reported: Allah’s Messenger (may peace be upon him) took a camel on loan, and then returned him (the lender) the camel of a more mature age and said: Good among you are those who are good in clearing off the debt.
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Book 010, Number 3900:
Abu Huraira (Allah be pleased with him) reported: There came a person demanding a camel from Allah’s Messenger (may peace be upon him). He (the Holy Prophet) said: Give him (the camel) of that age or of more mature age, and said: Best among you is one who is best in clearing off the debt.

Chapter 44: PERMISSIBILITY OF SELLING AN ANIMAL FOR AN ANIMAL OF ITS KIND BY SUPERIORITY
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Book 010, Number 3901:
Jabir (Allah be pleased with him) reported: There came a slave and pledg- ed allegiance to Allah’s Apostle (may peace be upon him) on migration; he (the Holy Prophet) did not know that he was a slave. Then there came his master and demanded him back, whereupon Allah’s Apostle (may peace be upon him) said: Sell him to me. And he bought him for two black slaves, and he did not afterwards take allegiance from anyone until he had asked him whether he was a slave (or a free man)

Chapter 45: PLEDGE AND ITS PERMISSIBILITY WHETHER AT RESIDENCE OR IN A JOURNEY
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Book 010, Number 3902:
‘A’isha (Allah be pleased with her) reported that Allah’s Messenger (may peace be upon him) bought some grain from a Jew on credit and gave him a coat-of- mail of his as a pledge.
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Book 010, Number 3903:
‘A’isha (Allah be pleased with her) reported: Allah’s Messenger (may peace be upon him) bought from a Jew grain (as loan) and pledged him his iron coat-of-mail.
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Book 010, Number 3904:
‘A’isha (Allah be pleased with her) reported that Allah’s Messenger (may peace be upon him) bought from a Jew grain for a specified time; and gave him iron coat-of-mail of his as a pledge.
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Book 010, Number 3905:
This hadith has been narrated on the authority of ‘A’isha (Allah be pleased with her), through another chain ol transmitters, but no mention was made of (its being made) of iron.

Chapter 46: OF SALAM SALE
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Book 010, Number 3906:
Ibn ‘Abbas (Allah be pleased with them) reported that when Allah’s Prophet (may peace be upon him) came to Medina, they were paying one and two years in advance for fruits, so he said: Those who pay in advance for anything must do so for a specified weight and for a definite time.
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Book 010, Number 3907:
Ibn ‘Abbas (Allah be pleased with them) reported that when Allah’s Messenger (may peace be upon him) came to (Medina) and the people were paying in advance (for the fruits, etc.), he said to them: He who makes an advance payment should not make advance payment except for a specified measure and weight (and for a specified period).
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Book 010, Number 3908:
Ibn Abu Najih has narrated a hadith like this with the same chain of transmitters, but he has not mentioned:” for a definite period”.
________________________________________
Book 010, Number 3909:
This hadith has been narrated by Ibn Abu Najih through another chain of transmitters mentioning in it” for a specified period”.

Chapter 47: HOARDING OF FOODSTUFF IS FORBIDDEN
________________________________________
Book 010, Number 3910:
Ma’mar (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: He who hoards is a sinner. It was said to Sa’id (b. al-Musayyib): You also hoard. Sa’id said: Ma’mar who narrated this badith also hoarded.
________________________________________
Book 010, Number 3911:
Ma’mar b. Abdullah reported Allah’s Messenger (may peace be upon him) as saying: No one hoards but the sinner.
________________________________________
Book 010, Number 3912:
This hadith has been transmitted on the authority of Sulaiman b. Bilal from Yahya.

Chapter 48: PROHIBITION OF TAKING OATH IN BUSINESS TRANSACTION
________________________________________
Book 010, Number 3913:
Abu Huraira (Allah be pleased with him) said he heard Allah’s Messenger (may peace be upon him) as saying: Swearing produces a ready sale for a commodity, but blots out the blessing.
________________________________________
Book 010, Number 3914:
Abu Qatada al-Ansari (Allah be pleased with him) reported he heard Allah’s Messenger (may peace be upon him) say: Beware of swearing; it produces a ready sale for a commodity, but blots out the blessing.

Chapter 49: SHUF’A (PRE-EMPTION)
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Book 010, Number 3915:
Jabir b. ‘Abdullah (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: He who has a partner in a dwelling or a garden, it is not lawful for him to sell that until he is permitted by his partner. If he (the partner) agrees, he should go in for that, and if he disapproves of that, he should abandon (the idea of selling it).
________________________________________
Book 010, Number 3916:
Jabir bin ‘Abdullah (Allah be pleased with them) said that the Messenger of Allah (may peace be upon him) decreed pre-emption in every joint ownership and not divided-the one-it may be a dwelling or a garden. It is not lawful for him (for the partner) to sell that until his partner gives his consent. He (the partner) is entitled to buy it when he desires and he can abandon it if he so likes. And if he (the one partner) sells it without getting the consent of the (other partner), he has the greatest right to it.
________________________________________
Book 010, Number 3917:
Jabir b. ‘Abdullah (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: There is pre-emption in everything which is shared, be it land, or a dwelling or a garden. It is not proper to sell it until he informs his partner; he may go in for that, or he may abandon it; and it he (the partner intending to sell his share) does not do that, then his partner has the greatest right to it until he permits him.

Chapter 50: FIXING A BEAM IN THE NEIGHBORS WALL
________________________________________
Book 010, Number 3918:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: None among you should prevent his neighbour from fixing a beam in his wall. Abu Huraira (Allah be pleased with him) then said: What is this that I see you evading (this injunction of the Holy Prophet)? By Allah, I will certainly throw it between your shoulders (narrate this to you.)
________________________________________
Book 010, Number 3919:
This hadith is narrated on the authority of Zuhri with the same chain of transrmitters.

Chapter 51: IT IS FORBIDDEN TO SEIZE LAND AND OTHER THINGS WITHOUT LEGITIMATE RIGHT
________________________________________
Book 010, Number 3920:
Sa’id b. Zaid b. ‘Amr b. Nufail (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: He who wrongly took a span of land, Allah shall make him carry around his neck seven earths.
________________________________________
Book 010, Number 3921:
Sa’id b. Zaid b. ‘Amr b. Nufail (Allah be pleased with them) reported that Arwi (bint Uwais) disputed with him (in regard to a part of the land) of his hodse. He said: Leave it and take off your claim from it, for I heard Allah’s Messenger (may peace be upon him) as saying: He who took a span of land without his right would be made to wear around his neck seven earths on the Day of Resurrection. He (Sa’id b. Zaid) said: O Allah, make her blind if she has told a lie and make her grave in her house. He (the narrator) said: I saw her blind groping (her way) by touching the walls and saying: The curse of Sa’id b. Zaid has hit me. And it so happened that as she was walking in her house, she passed by a well in her house and fell therein and that be- came her grave.
________________________________________
Book 010, Number 3922:
Hisham b. Urwa reported on the authority of his father (Allah be pleased with him) that Arwa bint Uwais disputed with Sa’id b. Zaid that he had seized some of the land belonging to her. She brought this dispute before Marwan b. al-Hakam. Sa’id said: How could I take a part of her land, after what I heard from Allah’s Messenger (may peace be upon’him)? He (Marwan) said: What did you hear from Allah’s Messenger (may peace be upon him)? He said: I heard Allah’s Messenger (may peace be upon him) say: He who wrongly took a span of land would be made to wear around his neck seven earths. Marwan said: I do not ask any evidence from you after this. He (Sa’id) said: O Allah, make her blind if she has told a lie and kill her in her own land. He (the narrator) said: She did not die until she had lost her eyesight, and (one day) as she was walking in her land, she fell down into a pit and died.
________________________________________
Book 010, Number 3923:
Sa’id b. Zaid reported: I heard Allah’s Apostle (may peace be upon him) say: He who took a span of earth wrongly would be made to wear around his neck seven earths on the Day of Resurrection.
________________________________________
Book 010, Number 3924:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace he upon him) as saying: One should not take a span of land without having legitimate right to it, otherwise Allah would make him wear (around his neck) seven earths on the Day of Resurrection.
________________________________________
Book 010, Number 3925:
Muhammad b. Ibrahim said that Abu Salama reported to him that there was between him and his people dispute over a piece of land, and he came to ‘A’isha and mentioned that to her, whereupon she said: Abu Salama, abstain from getting this land, for Allah’s Messenger (may peace be upon him) said: He who usurps even a span of land would be made to wear around his neck seven earths.
________________________________________
Book 010, Number 3926:
This hadith has been narrated on the authority of Abu Salama with another chain of transmitters.

Chapter 52: HOW MUCH LAND IS TO BE SPARED WHEN THERE IS DISAGREEMENT OVER THE BREADTH OF PATH
________________________________________
Book 010, Number 3927:
Abu Haraira reported Allah’s Apostle (may peace be upon him) as saying: When you disagree about a path, its breadth should be made seven cubits.


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