Book 10. Business Transactions

Chapter 1: Prohibition of Bai’ Mulamasa and Bai’ Munabanza

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.

Abu Huraira (Allah be pleased with him) reported like this from Allah’s Messenger (may peace be upon him).

Abu Huraira reported from Allah’s Messenger (may peace be upon him) a hadith like this through another chain of transmitters.

A hadith like this has been narrated on the authority of Abu Huraira (Allah be pleased with him) through another chain of transmitters.

Abu Huraira (Allah be pleased with him) reported: Two types of terrorisations have been forbidden (by the Holy Prophet), al-Mulamasa 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.

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

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

‘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.

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)

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.

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.

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.

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 camels 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.

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.

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

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.

This hadith has been reported on the authority of ‘Ubaidullah.

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).

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).

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

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.

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.

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.

Jabir (Allah be pleased with him) reported a similar hadith from Allah’s Apostle (may peace be upon him) through another chain of transmitters.

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.

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

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 repair it, otherwise he should return it along with a sa’ of dates.

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.

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.

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.

Ayyub narrated with the same chain of transmitters but with this change of words: “He who buys a goat has the option…”

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

Ibn Abbas (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: He who buys food-grain should not sell it until he has taken possession of it.

A hadith like this has been narrated through the same chain of transmitters.

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).

Ibn Abbas (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: He who buys food-grain 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 food-grains against gold for the stipulated time. Abu Kuraib did not make any mention of the stipulated time.

Ibn ‘Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: He who buys food-grain should not sell it until he has taken full possession of it.

Ibn Umar (Allah be pleased with them) reported: We used to buy food-grains 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 food-grains) to a place other than the one where we had bought them before we sold it.

Ibn Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: He who buys food-grain should not sell that before taking possession of it. He (the narrator) said: We used to buy food-grain 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.

Ibn ‘Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: He who bought food-grain should not sell it until he had taken full possession of it (after measuring it).

Ibn ‘Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: He who bought food-grain should not sell it until he had taken possession of it.

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 food-grains in bulk and then sold them in the spot without shifting them (to some other place).