Mortgages & Pledges

Ka`b demanded his debt back from Ibn Abi Hadrad in the Mosque and their voices grew louder till Allah's Messenger (ﷺ) heard them while he was in his house. He came out to them raising the curtain of his room and addressed Ka`b, "O Ka`b!" Ka`b replied, "Labaik, O Allah's Messenger (ﷺ)." (He said to him), "Reduce your debt to one half," gesturing with his hand. Ka`b said, "I have done so, O Allah's Apostle!" On that the Prophet (ﷺ) said to Ibn Abi Hadrad, "Get up and repay the debt, to him."

The Prophet (ﷺ) said, "No doubt, I intended to order somebody to pronounce the Iqama of the (compulsory congregational) prayer and then I would go to the houses of those who do not attend the prayer and burn their houses over them."

That he was in the company of the Prophet (ﷺ) on a journey, riding a troublesome camel belonging to `Umar. The camel used to go ahead of the Prophet, so Ibn `Umar's father would say, "O `Abdullah! No one should go ahead of the Prophet." The Prophet (ﷺ) said to him, "Sell it to me." `Umar said to the Prophet "It is for you." So, he bought it and said, "O `Abdullah! It is for you, and you can do with it what you like."

Ibn 'Umar reported that the Apostle (ﷺ) used to pray on (the back of) his camel in whatever direction it took him.

Abdullah b. Dinar reported on the authority of Ibn 'Umar that the Messenger of Allah (ﷺ) used to observe prayer on his ride (no matter) in which direction it had its face turned. 'Abdullah b. Dinar said that Ibn 'Umar used to do like that.

"Makhrafah Al-Abdi and I brought some cloth from Hajar, and the Messenger of Allah came to us while we were in Mina where there w a man who weighed (goods) in return for payment. He bought some trousers from us, and said to the man who weighed: 'Weigh it, and allow more."'

"The Messenger of Allah said: "Volume is to be measured according to the system of the people of Al-Madinah, and weight is to be measured according to the system of the peole of Makkah."'

(Sahih) This is the wording of Ishaq (one of the narrators).

"The Messenger of Allah said: 'Whoever buys food, let him not sell it until he has taken possession of it."'

The Prophet (ﷺ) said: If anyone leaves an animal at a place of perishing and another man brings it to life, it belongs to him who brings it to life.

The aunt of Umarah ibn Umayr asked Aisha: I have an orphan in my guardianship. May I enjoy from his property? She said: The Messenger of Allah (ﷺ) said: The pleasantest things a man enjoys come from what he earns, and his child comes from what he earns.

] This Hadith is Sahih.

That the Messenger of Allah (ﷺ) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."

And this is a Sahih Hadith.

This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (ﷺ) said: 'The buyer and the seller retain the choice as long as they did not separate.'"

Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (ﷺ) is Sahih, and it strenghtens this view.

And the meaning of the saying of the Prophet (ﷺ): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (ﷺ).

the Messenger of Allah (ﷺ) said: "Whoever would like Allah to shade him with His shade, let him give respite to one in difficulty, or waive repayment of the loan."

"Take your rights in a decent manner as much as he can."

Malik said, "The generally agreed on way of doing things among us about whatever is weighed but is not gold or silver, i.e. copper, brass, lead, black lead, iron, herbs, figs, cotton, and any such things that are weighed, is that there is no harm in bartering all those sorts of things two for one, hand to hand. There is no harm in taking a ritl of iron for two ritls of iron, and a ritl of brass for two ritls of brass."

Malik said, "There is no good in two for one of one sort with delayed terms. There is no harm in taking two of one sort for one of another on delayed terms, if the two sorts are clearly different. If both sorts resemble each other but their names are different, like lead and black lead, brass and yellow brass, I disapprove of taking two of one sort for one of the other on delayed terms."

Malik said, "When buying something of this nature, there is no harm in selling It beforetaking possession of it to some one other than the person from whom it was purchased, if the price is taken immediately and if it was bought originally by measure or weight. If it was bought without measuring, it should be sold to someone other than the person from whom it was bought, for cash or with delayed terms. That is because goods have to be guaranteed when they are bought without measuring, and they cannot be guaranteed when bought by weight until they are weighed and the deal is completed. This is the best of what I have heard about all these things. It is what people continue to do among us."

Malik said, "The way of doing things among us with what is measured or weighed of things which are not eaten or drunk, like safflower, date-stones, fodder leaves, indigo dye and the like of that is that there is no harm in bartering all those sort of things two for one, hand to hand. Do not take two for one from the same variety with delayed terms. If the types are clearly different, there is no harm in taking two of one for one of the other with delayed terms. There is no harm in selling whatever is purchased of all these sorts, before taking delivery of them if the price is taken from someone other than the person from whom they were purchased."

Malik said, "Anything of any variety that profits people, like gravel and gypsum, one quantity of them for two of its like with delayed terms is usury. One quantity of both of them for its equal plus any increase with delayed terms, is usury."

Messenger of Allah (ﷺ) said, "If anyone sits in a gathering where he does not remember Allah, he will bring grief upon himself (on the Day of Resurrection), and he who lies down in a place where he does not remember Allah, will bring grief upon himself (on the Day of Resurrection)."

[Abu Dawud].

Messenger of Allah (ﷺ) said, "All that is left from Prophethood is the glad tidings." He was asked what the glad tidings were, and he said, "The good dream."

[Al-Bukhari].

The Prophet (ﷺ) said, "When the time draws near (i.e., near the end of the world), the dream of a believer can hardly be false; and the dream of a believer represents one part from forty-six parts of Prophethood."

[Al-Bukhari and Muslim].

One narration says: Messenger of Allah (ﷺ) said, "The most truthful of you in their speech are those who see the truest visions."