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Bukhari Hadiths 1356
Muslim Hadiths 558

Hadith

2684

Sa’eed ibn Jubayr said:
A Jew from Al-Heerah asked me which one of the two periods Prophet Moosaa (Moses) completed. I said, "I do not know, (but wait) till I see the most learned Arab and inquire him about it." So, I went to Ibn ‘Abbaas (may Allah be pleased with them) and asked him. He (may Allah be pleased with him) replied, "Prophet Moosaa completed the longer and better period." Ibn ‘Abbaas (may Allah be pleased with them) added, "No doubt, a Messenger of Allah always does what he says."
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Commentary :
The Prophets and Messengers of Allah were endowed with the most perfect moral characters and were the most truthful among all people. The Quran made mention of Prophet Moosaa, given his exemplary resolve and patience.
In this hadeeth, the Taabi’ee (a Muslim who saw at least one of the Companions)Sa’eed ibn Jubayr related that a Jew from the people of Al-Heerah, which was an ancient city in Iraq near Kufa, and was the capital of many dynasties, asked himwhich one of the two periods Prophet Moosaa (Moses) completed, referring to the ayah that reads (what means): {He said, "Indeed, I wish to wed you one of these, my two daughters, on [the condition] that you serve me for eight years; but if you complete ten, it will be [as a favor] from you.} [Quran 28:27]. The ayah means that Prophet Moosaa was offered to marry the man’s daughter, and her dower was to work for him for eight years, and if he chose to work for him from ten years instead, it would be a favor and not required of him. Sa’eed told him that he did not know which period Prophet Moosaa completed, and told him that he would ask the well-ayahd Arab scholar, meaning, Ibn ‘Abbaas (may Allah be pleased with them), in Makkah. Ibn ‘Abbaas (may Allah be pleased with them) informed him that Prophet Moosaa completed ten years. He (may Allah be pleased with them) added: “No doubt, a Messenger of Allah always does what he says.” This applies to all Messengers of Allah, and foremostly Prophet Moosaa, because they were talking about him in particular. This is because the Prophets of Allah were endowed with the most perfect moral characters which entailed fulfilling their promises.
The hadeeth urges the fulfillment of promises.
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2685

‘Ubaydullaah ibn ‘Abdullah ibn ‘Utbah narrated that Ibn ‘Abbaas (may Allah be pleased with them) said, "O Muslims! How do you ask the People of the Scriptures, though your Book (i.e., the Quran) which was revealed to His Prophet ﷺ is the most recent divine revelation and you recite it, and it has not been distorted? Allah, Exalted is He, has revealed to you that the People of the Scriptures have changed and distorted what had been revealed to them with their own hands and said (regarding their changed Scriptures): This is from Allah, in order to get some worldly benefit thereby." Ibn ‘Abbaas (may Allah be pleased with them) added: "Is not the knowledge revealed to you sufficient to you, and you do not need to ask them about anything? By Allah, I have never seen any one of them asking you about what has been revealed to you!"
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Commentary :
The Prophet ﷺ keenly instilled the correct Islamic creed within the hearts and minds of his Companions (may Allah be pleased with them), and warned them against following the path of the previous nations, and the Companions (may Allah be pleased with them) did the same with the following Muslim generation.
In this hadeeth, the Taabi’ee (a Muslim who saw at least one of the Companions) ‘Ubaydullaah ibn ‘Abdullah ibn ‘Utbah narrated that ‘Abdullah ibn ‘Abbaas (may Allah be pleased with them) addressed people once, rebuking and warning them against asking the People of the Scriptures, i.e., Jews and Christians, regarding some religious matters that seemed similar to what had been revealed to them, or regarding the topics and stories addressed in their Scriptures. He (may Allah be pleased with him) stated that the reason for the prohibition in this regard was that the Quran, which was revealed by Allah, Exalted is He, to His Prophet ﷺ, is the most recent divine revelation. He (may Allah be pleased with him) said, “… and you recite it,” meaning that Muslims are enjoined to recite the Quran as an act of worship, “and it has not been distorted?” This means that the Quran was not changed like the previous heavenly books revealed to the People of the Scriptures. They “have changed and distorted what had been revealed to them with their own hands,” including the Torah that was revealed to the Jews, and the Gospel that was revealed to the Christians, “and they have said (regarding their changed Scriptures): ‘This is from Allah, in order to get some worldly benefit thereby.’" They traded their Scriptures for an insignificantly small price, although they (i.e., the Scriptures) are worth the whole worldly life! He (may Allah be pleased with him) rebuked them for it since Allah, Exalted is He, blessed Muslims with the Quran in which He imparted to them adequate knowledge that suffices them, and they do not need to ask the People of the Scriptures about anything!
Ibn ‘Abbaas (may Allah be pleased with them) added: "Is not the knowledge revealed to you sufficient to you, and you do not need to ask them about anything?” His statement, “By Allah, I have never seen any one of them asking about what has been revealed to you,” means that they did not perceive Muslims as worthy of their questions, despite their trustworthiness and competence (i.e., since Muslims are endowed with the ultimate divine knowledge in the Quran). He (may Allah be pleased with him) meant to say, ‘How could you trust them with answering your questions, although Allah, Exalted is He, informed you in the Quran of their lies, distortion of the previous Scriptures,and even attributing lies to Him?” It is also possible that the People of the Scriptures did not have prescribed religious celebrations and therefore did not need to ask about them!
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2687

Umm Al-‘Alaa’ (may Allah be pleased with her) narrated that when the Ansaar drew lots as to whom of the emigrants should dwell with whom of the Ansaar, the name of ‘Uthmaan ibn Madh‘oon came out (to be in their lot). Umm Al-‘Alaa’ (may Allah be pleased with her) further said, "‘Uthmaan stayed with us, and we nursed him when he got sick, but he died. We shrouded him in his clothes, and Allah's Messenger ﷺ came to our house and I said, (addressing the dead ‘Uthmaan), 'O Aboo Al-Saa’ib! May Allah be merciful to you. I testify that Allah, Exalted is He, has blessed you.' The Prophet ﷺ said to me, "How do you know that Allah has blessed him?" I replied, 'I do not know, O Allah's Messengerﷺ! May my parents be sacrificed for you!' Allah's Messengerﷺ said, 'As regards ‘Uthmaan, by Allah, he has died and I really wish him every good, yet, by Allah, although I am Allah's Messenger, I do not know what will be done to him!' Thereupon, Umm Al-‘Alaa’ added, 'By Allah, I shall never attest the piety of anybody afterward! What Allah's Messenger ﷺ said made me sad." Umm Al-‘Alaa’ (may Allah be pleased with her) further said, "Once, I slept and saw in a dream, a flowing stream for ‘Uthmaan. So, I went to Allah's Messengerﷺ and told him of it, he ﷺ said, 'That is (the symbol of) his good deeds."
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Commentary :
The Prophet ﷺ keenly instilled within his Companions (may Allah be pleased with them) the mindfulness of Allah, Exalted is He, and refrainment from making assumptions about people’s fate in the Hereafter, as to whether they would be admitted to Paradise or thrown into Hellfire. Human beings must not play God, judge and pass sentences on people as they wish. Rather, we are enjoined to judge people according to what is apparent, and bear in mind that only Allah, Exalted is He, knows their true inward characters and what is hidden in their hearts (and He shall reward or punish them accordingly).
This hadeeth emphasizes this meaning. Umm Al-‘Alaa’ (may Allah be pleased with her) was a woman from the Ansaar who had given the Bay‘ah (i.e., pledge of allegiance) to the Prophet, making a covenant with him to adhere to Islam and refrain from associating partners with Allah and from committing immoral acts.She narrated that when the Ansaar drew lots as to whom of the emigrants should dwell with whom of the Ansaar, the name of ‘Uthmaan ibn Madh‘oon came out (to be in their lot). The emigrants had no place to live in Al-Madeenah and were hosted by their fellow Muslim brothers from the Ansaar. Umm Al-‘Alaa’ (may Allah be pleased with her) further said, "‘Uthmaan stayed with us, and we nursed him when he got sick, but he died. We shrouded him in his clothes, and Allah's Messenger ﷺ came to our house and I said, (addressing the dead ‘Uthmaan), 'O Aboo Al-Saa’ib,’ which was his nickname, ‘May Allah be merciful to you. I testify that Allah, Exalted is He, has blessed you.'” Another version of the hadeeth, compiled in Musnad Ahmad, on the authority of Ibn ‘Abbaas (may Allah be pleased with them), reads: “Congratulations on entering Paradise!” She (may Allah be pleased with her) decisively judged him as one of the people of Paradise, based on her knowledge of his devotion in worship and other good qualities. According to the version recorded by Ahmad, the Prophet ﷺ gave her a disapproving look, because she had decisively judged ‘Uthmaan (may Allah be pleased with him) as one of the People of Paradise, which implies impoliteness with Allah, Exalted is He, by claiming the knowledge of the unseen that is exclusive to Him! None knows the ultimate fate of people in the Hereafter except Allah, Exalted is He. Thereupon, the Prophet ﷺ said to her, edifying her on that meaning, "How do you know that Allah has blessed him?" She (may Allah be pleased with her) replied, 'I do not know, O Allah's Messengerﷺ! May my parents be sacrificed for you!' The Prophet ﷺ said, 'As regards ‘Uthmaan, by Allah, he has died and I really wish him every good, yet, by Allah, although I am Allah's Messenger, I do not know what will be done to him!' In the version reported by Al-Bukhaaree, the Prophet ﷺ said: “… although I am Allah's Messenger, I do not know what will be done to me,” meaning that he ﷺ did not know with certainty what shall happen to him in the Hereafter except for what Allah, Exalted is He, had informed him of.
Umm Al-‘Alaa’ (may Allah be pleased with her) said, 'By Allah, I shall never attest the piety of anybody afterward,” meaning that she would never decisively attest the righteousness of any person and that he would enter Paradise expect those who were named by the Prophet ﷺ among the people of Paradise. What she did and what the Prophet ﷺ said made her sad. Umm Al-‘Alaa’ (may Allah be pleased with her) further said, "Once, I slept and saw in a dream, a flowing stream for ‘Uthmaan. So, I went to Allah's Messengerﷺ and told him of it, and he ﷺ said, 'That is (the symbol of) his good deeds.‘ He ﷺ interpreted the flowing stream in the vision as to refer to his good deeds, because all people’s good deeds come to an end by their death except the one who dies while partaking in Jihaad as Muraabit (i.e., a guard at frontier outposts in support of Allah's Cause); his good deeds continue to grow and increase unto the Day of Judgment. ‘Uthmaan (may Allah be pleased with him) died as an emigrate for the sake of Allah, fleeing religious persecution to worship his Lord freely, and Muraabit in support of the Cause of Allah, Exalted is He.
It has been reported on the authority of the Prophet ﷺthat which urges Muslims to testify to the righteousness and piety of a dead person and mention his good qualities and deeds, provided that one should not decisively state that such a person shall be in Paradise or Hellfire. It was narrated on the authority of ‘Umar ibn Al-Khattaab (may Allah be pleased with him), and recorded by Al-Bukhaaree, that the Prophet ﷺ said: “If four people testify to the righteousness of a (dead) Muslim, Allah, Exalted is He, will grant him Paradise." The Companions (may Allah be pleased with them) (eagerly) asked, "If three people testify to his righteousness (will he earn the same reward)?" He ﷺ replied, "Even three." They further asked, "What about two?" He ﷺ replied, "Even two."
The hadeeth aims to edify Muslims on the relevant prohibition; we are enjoined to refrain from playing God and decisively judging anyone’s fate in the Hereafter without knowledge. This is because only Allah, Exalted is He, will hold people accountable on the Day of Resurrection and shall reward or punish them accordingly. Moreover, we do not have knowledge of a dead person’s inward character and what he had harbored in his heart. Rather, we are enjoined to settle for testifying to the dead person’s righteousness by saying, ‘I think that (s)he was a good and righteous person, and only Allah, Exalted is He, knows best,’ or the like.
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2691

Narrated Anas (may Allah be pleased with him):
It was said to the Prophet ﷺ, "Would you, please, go to ‘Abdullah ibn Ubayy?" So, the Prophet ﷺwent to him, riding a donkey, and Muslims accompanied him, walking on salty barren land. When the Prophet ﷺreached ‘Abdullah ibn Ubayy, the latter said, "Keep away from me! By Allah, the bad smell of your donkey has harmed me." On that, a man from the Ansaar said (to ‘Abdullah), "By Allah! The smell of the Prophet’s donkey is better than your smell." Thereupon, a man from ‘Abdullah's tribe got angry for ‘Abdullah's sake, and the two men verbally abused each other which caused their friends to get angry and agitated, and the two groups started fighting with palm branches, shoes, and hands. We were informed that the following ayah was revealed (in this regard). Allah, Exalted is He, Says (what means): {And if two factions among the believers should fight, then reconcile between the two.} [Quran 49:9]
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Commentary :
‘Abdullah ibn Ubayy ibn Salool was one of the leaders and chiefs of the Khazraj tribe. When he was invited to embrace Islam, he converted outwardly only, but harbored disbelief. He was the head of the hypocrites in Al-Madeenah, and nursed hostility against the Prophet ﷺ and Muslims.
In this hadeeth, Narrated Anas (may Allah be pleased with him) that it was said to the Prophet ﷺ, "Would you, please, visit ‘Abdullah ibn Ubayy?" They were asking the Prophet ﷺ to go to ‘Abdullah ibn Ubayy to invite him to Islam, and this took place upon his arrival to Al-Madeenah. TheProphet ﷺwent to him, riding a donkey, and Muslims accompanied him, walking on salty barren land. When the Prophet ﷺreached ‘Abdullah ibn Ubayy, the latter said, "Keep away from me! By Allah, the bad smell of your donkey has harmed me." On that, a man from the Ansaar said (to ‘Abdullah), "By Allah! The smell of the Prophet’s donkey is better than your smell." This Companion (may Allah be pleased with him) retorted to ‘Abadullaah, defending the Prophet ﷺ. Thereupon, a man from ‘Abdullah's tribe got angry for ‘Abdullah's sake, and the two men verbally abused each other, which caused their friends to get angry and agitated,” meaning that the Companions (may Allah be pleased with him) got angry for the sake of the Prophet ﷺ and the friends of Ibn Salool got angry for his sake. The two groups started fighting with palm branches, shoes, and hands. A version of the hadeeth compiled by Al-Bukhaaree and Muslim, reads: “The Prophet ﷺ continued to calm them until they kept silent.” He ﷺ continued to calm them until they stopped fighting. Anas (may Allah be pleased with him) added: “We were informed that the following ayah was revealed (in this regard). Allah, Exalted is He, Says (what means): {And if two factions among the believers should fight, then reconcile between the two.} [Quran 49:9].”
It was argued that this ayah talked specifically about the believers, whereas the incident related in this hadeeth was between the Prophet ﷺ and Ibn Salool before his conversion to Islam. In response, it was said that some of Ibn Salool’s friends and men were believers. It was also said that the statement of Anas (may Allah be pleased with him), ‘We were informed,” indicates that that incident was not the actual reason for which this ayah was revealed, and Anas (may Allah be pleased with him) did not explicitly say so. His saying, ‘We were informed,’ does not necessitate that the ayah was revealed on that particular occasion; the chapter in which the concerned ayah is included was revealed in 9 A.H., when the delegations of the Arab tribes came to Al-Madeenah. It is also said that the ayah about the reconciliation between the disputing groups of the believers was revealed earlier than the rest of the chapter, and this would eliminate any problematic aspect.
The hadeeth highlights the unmatched forbearance of the Prophet ﷺ and his endurance of people’s harm.
It also underlines how the believers revered the Prophet ﷺ.
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2692

Umm Kulthoom bint ‘Uqbah (may Allah be pleased with her) narrated that she heard Allah's Messengerﷺ saying, "He who makes peace between disputing people by inventing good information or saying good things, is not a liar (i.e., he does not bear a sin for it).”
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Commentary :
The Islamic Laws of Islam urges Muslims to reconcile and make peace between disputing people, even if it had to be achieved through lies, considering the benefits it involvesregarding quarrels and disputing people, by quelling the spirit of enmity and settling their disputes.
In this hadeeth, the Messenger of Allah ﷺ stated that the blameworthy lying, about which stern warnings are reported and for which a punishment is designated as per the laws of Islam does not apply to the situations when a person says what is contrary to the truth to reconcile between disputing people, as encouraged by the enjoined sincerity towards one’s fellow Muslims. Rather, he ﷺ described such an act as ‘good;’ he ﷺ said: “…inventing good information or saying good things,” meaning that such a person tries to reconcile between the disputing people by saying to one of them, for example, ‘Your friend is praising you and saying good things about you,’ which is untrue. There is no sin in making this up for the purpose of reconciling between them. A person may need to tell some lies with good intentions to make peace between disputing people.
It is noteworthy that this is allowable provided that it does not involve nor entail denying a person his due rights or helping one take what he is not entitled to take.
The same ruling applies to lying at times of war, meaning to say what helps Muslims appear strong and undermine their enemies’ resolve, even if it is untrue. The same also goes for lying to one’s wife, verbally expressing his affection for her beyond his actual feelings for her to retain her love, ensure the stability of their marriage, and refine her conduct.
It should be noted that the hadeeth does not suggest that these false statements that are contrary to the reality are not labelled as lies as per the laws of Islam; a lie is a lie regardless of the purpose. Rather, it means that a person bears no sin for making up such lies in those specified situations, as a legal concession, enduring the lesser evil to realize the greater good.
The hadeeth urges Muslims to reconcile between disputing people and make peace between them.
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2697

‘Narrated Aa’ishah (may Allah be pleased with her) that Allah's Messengerﷺ said, "If somebody innovates something which has no basis in our religion, such innovation is rejected."
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Commentary :
Allah, Exalted is He, has completed and perfected the religion of Islam, and has bestowed His perfect grace on His servants, and therefore it is incumbent on Muslims to keenly seek to conform with the will of Allah, Exalted is He, and His Messenger ﷺ (i.e., by compliance with the provisions of Islam), to the best of their abilities, and refrain from introducing religious innovations that have no basis in the Laws of Islam.
Whoever introduces a religious innovation and invents something which has no basis in Islam, such a religious innovation will be rejected. In this hadeeth, the Prophet ﷺ informed us that if anyone introduces a religious innovation that has no basis in the Quran and the Sunnah, does not fall under the heading of a Laws of Islam provision stated therein, or contravenes the provisions of Islam, such an innovation will be rejected, meaning that such an unprescribed act will be declared null and void, and shall not be accepted by Allah, Exalted is He.
This is one of the fundamental principles of Islam, and this hadeeth is one of the examples of the Prophet’s eloquent, aphoristic speech. In this hadeeth, he ﷺ explicitly rejected all religious innovations and unprescribed acts and sayings that have no basis in Islam.
The hadeeth commands Muslims to follow the Sunnah of the Prophet ﷺ and abide by it, and forbids them from introducing any religious innovation.
It is deduced from the hadeeth that the criterion for declaring a given act a religious innovation is having no basis in the Quran or the Sunnah.

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2699

Al-Baraa’ (may Allah be pleased with him) said:
When the Prophet ﷺ intended to perform ‘Umrah in the month of Dhul-Qi‘dah, the people of Makkah did not let him enter Makkah till he ﷺ settled the matter with them by promising to stay therein for three days only. When the document of the treaty was written, the following was mentioned: 'These are the terms on which Muhammad, Allah's Messengerﷺ agreed (to make peace).' They said, "We will not agree to this, for if we believed that you are Allah's Messenger, we would not prevent you from entering Makkah, but you are Muhammad ibn ‘Abdullah." The Prophet ﷺ said, "I am Allah's Messengerand also Muhammad ibn ‘Abdullah." Then he ﷺ said to ‘Alee (may Allah be pleased with him), "Rub off (the words) 'Allah's Messenger,” but ‘Alee (may Allah be pleased with him) said, "No, by Allah, I will never rub off your name." So, Allah's Messengerﷺtook the document (, rubbed it himself) and wrote instead, 'This is what Muhammad ibn ‘Abdullah has agreed upon: No arms will be brought into Makkah except in their cases, and nobody from the people of Makkah will be allowed to go with him, i.e., the Prophet ﷺeven if he wished to follow him and he (the Prophet ﷺwill not prevent any of his Companions from staying in Makkah if they want to stay.' When the Prophet ﷺ entered Makkah and the specified period expired, the Makkahns went to ‘Alee (may Allah be pleased with him) and said, "Tell your Friend, i.e., the Prophet ﷺ, to leave Makkah; the (agreed-upon) period has passed." So, the Prophet ﷺwent out of Makkah. The daughter of Hamzah ran after them, i.e., the Prophet ﷺand his Companions (may Allah be pleased with them), calling, "O Uncle! O Uncle!" ‘Alee received her and led her by the hand and said to Faatimah (may Allah be pleased with them), "Take your uncle's daughter." Zayd and Ja‘far quarreled about her. ‘Alee (may Allah be pleased with him) said, "I have more right to her as she is my uncle's daughter." Ja‘far (may Allah be pleased with him) said, "She is my uncle's daughter, and her maternal aunt is my wife." Zayd (may Allah be pleased with him) said, "She is my brother's daughter." The Prophet ﷺ judged that she should be placed under the care of her maternal aunt, and said that the maternal aunt was like the mother. He ﷺ then said to ‘Alee (may Allah be pleased with him), "You are from me and I am from you", said to Ja‘far (may Allah be pleased with him), "You resemble me both in terms of moral character and outward appearance", and said to Zayd (may Allah be pleased with him), "You are our brother (in faith) and our freed slave."
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Commentary :
The Prophet ﷺ endured grievous harm at the hands of the polytheists, who denied him access to the Sacred House. He ﷺ endured their persecution until Allah, Exalted is He, blessed him with triumph over them, and the days proved that he ﷺ was supported by the divine revelation and attested his discretion during the conclusion of the Treay of Al-Hudaybiyah.
In this hadeeth, Al-Baraa’ ibn ‘Aazib (may Allah be pleased with him), narrated that the Prophet ﷺ and his Companions (may Allah be pleased with them) departed Al-Madeenah, and headed towards Makkah with the intention of performing ‘Umrah in the month of Dhul-Qi‘dah, in 6 A.H. However,the people of Makkah did not let them enter Makkah till heﷺmade an agreement with them to stay therein for three days only and return to Al-Madeenah, provided that he ﷺ should come back on the following year to perform ‘Umrah. This treaty became known as the Treay of Al-Hudaybiyah, and it was named after a big village that was given the name of a well located in that area; it is currently located on the outskirts of Makkah.
When the document of treaty was written, the following was mentioned: 'These are the terms,” of the treaty, “on which Muhammad, Allah's Messengerﷺ agreed (to make peace).” They said, "We will not agree to this, for if we believed that you are Allah's Messenger, we would not prevent you (from entering Makkah), but you are Muhammad ibn ‘Abdullah." They said to the Prophet ﷺ, ‘Had we believed in you and you religion, we would not have denied you access to the Sacred House, but we only know you as Muhammad ibn ‘Abdullah,’ (by the name given to him by his father). Thereupon, the Prophet ﷺ said, "I am Allah's Messengerand also Muhammad ibn ‘Abdullah," meaning that he ﷺ did not mind writing down either of them. Then he ﷺ said to ‘Alee (may Allah be pleased with him), who was writing down the terms of the treaty, to rub off (the words) 'Allah's Messenger,’ from the document, but ‘Alee (may Allah be pleased with him) refused. It should be noted that he (may Allah be pleased with him) did not mean to disobey the Prophet’s command, but rather expressed his disapproval of erasing his title out of reverence for the Prophet ﷺ and to defiantly support him against the polytheists. The Prophet ﷺtook the document, erased it himself, after ‘Alee (may Allah be pleased with him) pointed to its place, because he ﷺ was illiterate. He ﷺ then commanded ‘Alee (may Allah be pleased with him) to write down instead, 'This is what Muhammad ibn ‘Abdullah has agreed upon.’ The terms included that no arms may be brought into Makkah by Muslims except those kept in their own cases, and nobody from the people of Makkah would be allowed to go with the Prophet ﷺeven if he wished to follow him (and embrace Islam). On the contrary, the Prophet ﷺwould not prevent any of his Companions from staying in Makkah if they wanted! According to this treaty, the Prophet ﷺ and his Companions returned to Al-Madeenah, after ending their state of Ihraam (i.e., ritual state of consecration) as authentically reported in other narrations. They came back on the following year to perform ‘Umrah, which became known as ‘Umrat Al-Qadhaa’. After the period specified by the terms of the treaty i.e., three days, ended the Makkans went to ‘Alee (may Allah be pleased with him) and asked him to ask the Prophet ﷺ, to leave, as the (agreed-upon) period has passed. When the Prophet ﷺwent out of Makkah, the daughter of Hamzah, Umaamah - it was also said that she was named Faatimah - ran after them, i.e., the Prophet ﷺand his Companions (may Allah be pleased with them), wanting to go with them to Al-Madeenah. ‘Alee received her, led her by the hand, since she was still young, and said to Faatimah, his wife and the Prophet’s daughter, "Take your uncle's daughter." Faatimah (may Allah be pleased with her) held her, but Zayd and Ja‘far (may Allah be pleased with them) quarreled about her; each wanted to take care of her. Zayd (may Allah be pleased with him) claimed her because she was his brother's daughter, since the Prophet ﷺ had established the bond of brotherhood between him and Hamzah (may Allah be pleased with them). ‘Alee (may Allah be pleased with him) claimed her because she was his paternal cousin, his uncle's daughter, and Ja‘far (may Allah be pleased with him) claimed her because she was his uncle's daughter, and her maternal aunt, i.e., Asmaa’ bint ‘Umays (may Allah be pleased with her), was his wife. The Prophet ﷺ judged that she should be given to her maternal aunt, and said that the maternal aunt was like the mother, meaning as far as the right to the custody of a child is concerned, and also in terms of maternal affection and care. He ﷺ then said to ‘Alee (may Allah be pleased with him), "You are from me and I am from you", in terms of blood relations, love, seniority in Islam, and the like of his many great merits. He ﷺ said to Ja‘far (may Allah be pleased with him), "You resemble me both in terms of moral character and outward appearance", and said to Zayd (may Allah be pleased with him), "You are our brother (in faith) and our freed slave.” The bond of Al-Walaa’ (lit., loyalty, meaning to maintain a relationship of patronage without bondage with one’s manumitter) was as strong as the blood bond. The Prophet ﷺ made these statements toconciliate ‘Alee and Zayd (may Allah be pleased with them) for not granting them custody over Hamzah’s daughter, and to highlight that he ﷺ did not place her under Ja‘far’s care for his own sake, but rather because he was married to the girl’s maternal aunt (who was more entitled to the custody).
It was said that this hadeeth is one of the main Laws of Islam texts about the right to custody, which essentially means the care for a young child who is below the age of distinction and cannot live independently, providing him or her with a good upbringing, and guarding him or her against whatever may incur destruction and loss on him or her.
It is deduced from the hadeeth that it is allowable to conclude peace treaties with non-Muslims, conduct political and military agreements with them for the benefit of Muslims.
It is also inferred therefrom that a maternal aunt is entitled to custody over a child.
It also highlights the merits of ‘Alee, Ja‘far, and Zayd (may Allah be pleased with them)..

2701

Narrated Ibn ‘Umar (may Allah be pleased with him) that Allah's Messengerﷺ set out to perform ‘Umrah but the pagans of Quraysh prevented him from reaching the Ka‘bah. So, he ﷺ slaughtered his animal sacrifice, got his head shaved at Al-Hudaybiyah, and agreed with them that he ﷺ would perform ‘Umrah on the following year, would not carry weapons except swords, and would not stay in Makkah except for the period they allowed. So, the Prophet ﷺperformed ‘Umrah in the following year and entered Makkah according to the treaty, and when he ﷺ stayed for three days, the pagans ordered him to depart, and he ﷺ did.
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Commentary :
The polytheists (of Quraysh) persecuted and abused the Messenger of Allah ﷺ and his Companions (may Allah be pleased with them), yet he ﷺ honored his agreements and covenants with them.
In this hadeeth, ‘AbdullahNarrated Ibn ‘Umar (may Allah be pleased with him) that the Prophet ﷺ headed towards Makkah in 6 A.H. to perform ‘Umrah, but the polytheists of Makkah denied him access to the Sacred House. They blocked his way in a place called Al-Hudaybiyah, a village that was named after a well located in that area, currently situated on the outskirts of Makkah. The Prophet ﷺ and the Companions (may Allah be pleased with them) ended their Ihraam (i.e., ritual state of consecration), slaughtered their animal sacrifices in Al-Hudaybiyah, and concluded a peace treaty with the polytheists of Makkah. They agreed to allow Muslims to perform ‘Umrah on the following year, and stipulated a truce between Muslims and the people of Quraysh, and that no arms may be carried by Muslims except their swords, which should be kept in their own cases, and that they must not stay in Makkah beyond the period specified by them. The Prophet ﷺ performed ‘Umrah on the following year, and entered Makkah, in compliance with the terms of the treaty. After spending three days in Makkah, the polytheists commanded the Prophet ﷺ to leave and he did.
It is deduced from the hadeeth that if a person is prevented from performing ‘Umrah, he should end his Ihraam.
It is also inferred from the hadeeth that it is allowable to conclude a peace treaty with the disbelievers and conduct political and military agreements with them for the benefit of Muslims.
It is also deduced that Muslims must abide by their agreements and covenants with the non-Muslims.
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2703

Narrated Anas (may Allah be pleased with him) that Al-Rabee‘, the daughter of Al-Nadhr, broke the front tooth of a girl, and the relatives of Al-Rabee‘ requested the girl's relatives to accept the Arsh (i.e., restitution, money paid in compensation for bodily injury, wounds, harm … etc.) and forgive her, but they refused. So, they went to the Prophet ﷺ who ordered them to establish retaliation. Anas ibn Al-Nadhr (may Allah be pleased with him) asked, "O Allah’s Messenger! Will the front tooth of Al-Rabee‘ be broken? No, by Him Who has sent you with the Truth, her tooth will not be broken!" The Prophet ﷺ said, "O Anas! Allah, Exalted is He, ordains Qisaas (i.e., retribution)." Afterward, the relatives of the girl agreed and forgave Al-Rabee‘. The Prophet ﷺsaid, "There are some servants of Allah were they to swear by Allah, Exalted is He, (that something would happen), He will certainly make it happen.” Anas (may Allah be pleased with him) added, "They agreed and accepted the Arsh."
.

Commentary :
The Islamic Laws of Islam specified the penalties designated for causing bodily injury and harm, and gave the victim the choice between taking retribution by afflicting an equal bodily injury on the offender, or pardoning and forgiving him.
In this hadeeth, Narrated Anas ibn Maalik (may Allah be pleased with him) that Al-Rabee‘, the daughter of Al-Nadhr (may Allah be pleased with her) broke the front tooth of a girl, and the relatives of Al-Rabee‘ requested the girl's relatives to accept the Arsh (i.e., restitution, money paid in compensation for bodily injury, wounds, harm … etc.) and forgive (the offender), but they refused. Arsh Al-‘Ayb refers to the compensation for a defect that is payable by the seller to the buyer if the latter discovered a defect in the purchased commodity. In the context of offence and criminal injuries, the Arsh is similar in essence, because it compensates for the physical defect (damage) caused. The girl’s relatives refused to accept the Arsh and forgive Al-Rabee‘. They went to the Prophet ﷺ, and referred their dispute to him, and he ﷺ ordered them to establish equivalent retribution. Her brother, Anas ibn Al-Nadhr (may Allah be pleased with him) asked, "O Allah’s Messenger! Will the front tooth of Al-Rabee‘ be broken? No, by Him Who has sent you with the Truth, her tooth will not be broken!" The Prophet ﷺ said, "O Anas! Allah, Exalted is He, ordains Qisaas (i.e., retribution)." This entailed that the front tooth of Al-Rabee‘ would be broken. It is noteworthy that his statement was not an objection to the Prophet’s judgment or the relevant Laws of Islam provision, but he (may Allah be pleased with him) rather wanted the Prophet ﷺ to intercede with them, or it was said before he (may Allah be pleased with him) came to know that Allah, Exalted is He, particularly ordains Qisaas in such situations, and he had thought that they were given the choice between the Qisaas or the Diyyah (i.e., blood money).
Afterward, the relatives of the girl agreed, forgave her, and accepted the Arsh. The Prophet ﷺsaid, "There are some servants of Allah were they to swear by Allah, Exalted is He, (that something would happen), He will certainly make it happen,” because he (may Allah be pleased with him) made such an oath aspiring to the grace of Allah, Exalted is He, who knew of his sincerity and keenness, and therefore made what he desired come true. Were these obedient servants and close allies of Allah, Exalted is He, to swear by His name that something should happen, He would certainly make it come to pass.
It is deduced from the hadeeth that it is allowable for the harmed person to pardon the offender, give up his right to the Qisaas, and accept the prescribed compensation.
The hadeeth highlights the merits of Anas ibn Al-Nadhr (may Allah be pleased with him)..

2704

Al-Hasan Al-Basree said:
By Allah, Al-Hasan ibn ‘Alee led large battalions like mountains against Mu‘aawiyah (may Allah be pleased with them). ‘Amr ibn Al-‘Aas said (to Mu‘aawiyah) (may Allah be pleased with them), "I surely see battalions which will not turn back before killing their opponents." Mu‘aawiyah (may Allah be pleased with him) who was really the best of the two men, said to him, "O ‘Amr! If these killed those and those killed these, who would be left with me for the public jobs to manage people’s affairs? Who would be left to care for their women; who would be left to care for their children?" Then Mu‘aawiyah (may Allah be pleased with him) sent two men from Quraysh, who belonged to the tribe of ‘Abd Shams called ‘Abd Al-Rahmaan ibn Sumurah and ‘Abdullah ibn ‘Aamir ibn Kurayz to Al-Hasan (may Allah be pleased with him) and said to them, "Go to this man (i.e. Al-Hasan) and negotiate peace with him and talk and appeal to him." So, they went to Al-Hasan and talked and appealed to him to accept peace. Al-Hasan (may Allah be pleased with him) said, "We, the offspring of ‘Abd Al-Muttalib, have got wealth, and people have indulged in killing and corruption (and only money will appease them)." They said to Al-Hasan (may Allah be pleased with him), "Mu‘aawiyah offers you such-and-such, appeals to you, and entreats you to accept peace." Al-Hasan (may Allah be pleased with him) said to them, "But who will be responsible for what you have said?" They said, "We will be responsible for it." So, whatever Al-Hasan (may Allah be pleased with him) asked they said, "We will be responsible for it for you." So, Al-Hasan concluded a peace treaty with Mu‘aawiyah (may Allah be pleased with them). Al-Hasan (Al-Basree) said: “I heard Aboo Bakr (may Allah be pleased with him) saying, ‘I saw Allah's Messengerﷺon the pulpit and Al-Hasan ibn ‘Alee (may Allah be pleased with them) was by his side. The Prophet ﷺ was looking once at the people and once at Al-Hasan ibn ‘Alee saying, 'This son of mine is a Saiyid (i.e., a noble leader) and may Allah, Exalted is He, make peace between two big groups of Muslims through him.’”.

Commentary :
Reconciliation between disputing Muslims is a religious obligation required of whoever is able to do so. Al-Hasan ibn ‘Alee ibn Abee Taalib (may Allah be pleased with them) gave us the greatest and finest example of sacrificing his own rights for the sake of reconciliation between the disputing Muslims during the Fitnah (i.e., civil strife) between the Companions (may Allah be pleased with them).
In this hadeeth, Al-Hasan Al-Basree swore by the name of Allah, Exalted is He, that Al-Hasan ibn ‘Alee (may Allah be pleased with them) led large battalions, as big as mountains, against Mu‘aawiyah (may Allah be pleased with him). This could also be a metaphor for strength and power. The battalions led by Al-Hasan ibn ‘Alee (may Allah be pleased with them) were supposed to fight the army of Mu‘aawiyah (may Allah be pleased with him) in fulfillment of the purposes that ‘Alee ibn Abee Taalib (may Allah be pleased with him) sought to achieve during his reign by fighting the people of Shaam under the leadership of Mu‘aawiyah (may Allah be pleased with him). After ‘Alee (may Allah be pleased with him) was killed, his son, Al-Hasan (may Allah be pleased with him), led the battalions and marched to realize the objectives after which his late father sought.
‘Amr ibn Al-‘Aas said to Mu‘aawiyah, urging him to fight Al-Hasan (may Allah be pleased with them), "I surely see battalions,” of brave soldiers, “which will not turn back before killing their opponents." The Arabic word used in the narration is Aqraan, lit. peers or counterparts, and it refers to rivals who have equal courage and military power. The narration goes on, “Mu‘aawiyah (may Allah be pleased with him) who was really the best of the two men said to him, ‘O ‘Amr! If these killed those and those killed these, who would be left with me for the public jobs to manage people’s affairs? Who would be left to care for their women; who would be left to care for their children?’” He (may Allah be pleased with him) meant that the death of their (husbands and) fathers would mean their loss. Al-Hasan Al-Basree’s saying, “who was really the best of the two men,” means that Mu‘aawiyah (may Allah be pleased with him) was better than ‘Amr (may Allah be pleased with him) in this situation because ‘Amr had a much more intense dispute with Al-Hasan and was determined to fight him, whereas Mu‘aawiyah wanted to make peace to prevent bloodshed and preserve Muslims’ lives.
Therefore, Mu‘aawiyah (may Allah be pleased with him) sent two men from Quraysh, who belonged to the tribe of ‘Abd Shams called ‘Abd Al-Rahmaan ibn Sumurah (may Allah be pleased with him) and ‘Abdullah ibn ‘Aamir ibn Kurayz, who was said to have seen the Prophet ﷺ, to Al-Hasan (may Allah be pleased with him) saying to them, "Go to this man (i.e. Al-Hasan) and negotiate peace with him," so that bloodshed could be averted, “and talk and appeal to him,” meaning ask him to give up his right to the caliphate and pass the reins to Mu‘aawiyah (may Allah be pleased with him) instead, and give him whatever he may ask for in return. So, they went to Al-Hasan (may Allah be pleased with him) and talked and appealed to him to accept peace. Al-Hasan (may Allah be pleased with him) said to the two messengers, "We, the offspring of ‘Abd Al-Muttalib, have got wealth,” meaning that the offspring of ‘Abd Al-Muttalib have always been noble and innately generous towards their family and freed slaves, and have always assumed leadership of their people until it became a habit for them, “and people have indulged in killing and corruption (and only money will appease them)." He (may Allah be pleased with him) wanted to eliminate the causes of strife and conflict, and give the money to those whose evil urges and corruption would not be curbed except with it.
They said to Al-Hasan (may Allah be pleased with him), "Mu‘aawiyah offers you such-and-such,” i.e., money, sustenance, and clothes, “and appeals to you and entreats you to accept peace." Al-Hasan (may Allah be pleased with him) said to them, "But who will be responsible for what you have said?" They stated that they would be responsible for it, and would ensure the compliance with the terms that he would stipulate to make peace between Muslims. Whatever Al-Hasan (may Allah be pleased with him) asked they said, "We will be responsible for it for you." So, Al-Hasan concluded a peace treaty with Mu‘aawiyah (may Allah be pleased with them), putting the best interests of Islam and Muslims before his own.
Al-Hasan Al-Basree related that Aboo Bakrah Nufay‘ ibn Al-Haarith Al-Thaqfee (may Allah be pleased with him) saw Allah's Messengerﷺon the pulpit and Al-Hasan ibn ‘Alee (may Allah be pleased with them) was by his side. The Prophet ﷺ was looking once at people and once at his young grandson, Al-Hasan ibn ‘Alee (may Allah be pleased with them), saying, 'This son of mine is a Saiyid (i.e., a noble leader) and may Allah, Exalted is He, make peace between two big groups of Muslims through him.’ The Prophet ﷺ foretold the conflict between Mu‘aawiyah and Al-Hasan (may Allah be pleased with them) over the caliphate, for it did not take them out of the fold of Islam. This year was called the year of Jamaa‘ah (unity), since Muslims were united again and there was an end to the conflict and civil strife.
The hadeeth highlights a sign of prophethood.
It also underlines the merits of Al-Hasan ibn ‘Alee (may Allah be pleased with them).
It is deduced from the hadeeth that it is allowable to make peace with an opponent with money to satisfy the rights of those to whom they are due.
It is also inferred therefrom that messengers should be allowed to convey their messages freely, and must not be harmed.
It is also deduced that the imamate of a less eligible ruler over a more eligible one is valid.
It is also inferred that the leadership of people is earned by those who benefit people, because the Prophet ﷺ conditioned leadership on making peace between disputing people.
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2705

‘Aa’ishah (may Allah be pleased with him) narrated:
Once Allah's Messengerﷺ heard the loud voices of some opponents quarreling at the door. One of them was appealing to the other to deduct his debt and asking him to be lenient but the other was saying, "By Allah, I will not do so." Allah's Messengerﷺ went out to them and said, "Who is the one who was swearing by Allah that he would not do a good deed?" That man said, "I am that person, O Allah's Messengerﷺ! I will give my opponent whatever he wishes."
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Commentary :
A creditor is urged to be lenient towards the debtor (in claiming the repayment), and such leniency counts as an act of kindness and a good deed for him. No Muslim should miss out on this (rewardable) good deed and deny himself such reward. Highlighting this meaning, the Mother of the Believers ‘Narrated Aa’ishah (may Allah be pleased with her) that once Allah's Messengerﷺ heard the loud voices of some opponents quarreling at the door. A debtor was asking a creditor to deduct part of the debt and show him some leniency in claiming the repayment, but the creditor refused. He said, "By Allah, I will not do so,” meaning that he would not fulfill his request by reducing the debt or showing him leniency in claiming its repayment. When Allah's Messengerﷺ heard him swear by Allah, Exalted is He, not to do so, he ﷺ went out to them and said, "Who is the one who was swearing by Allah that he would not do a good deed?" The Arabic word used in the hadeeth is Muta’alee, which denotes placing much emphasis on one’s oath. The Prophet ﷺ rebuked such a person for refraining from doing a good deed by fulfilling this debtor’s request. That man said, "I am that person, O Allah's Messengerﷺ! I will give my opponent whatever he wishes,” meaning that he was willing to give him whatever he wanted, reducing the debt or showing more leniency in claiming its repayment and giving him respite until he was able to repay.
The hadeeth urges creditors to show kindness to debtors by writing off part of the debt.
It also warns against making oaths not to perform good deeds.
It highlights the Companions’ reverence for the Prophet ﷺ and their keenness to hasten to his obedience.
It also underlines how the Companions (may Allah be pleased with them) quickly understood what the Prophet ﷺ wanted, their swift compliance with his commands and prohibitions, and their keenness to perform good deeds.
It also encourages the forgiveness and pardon of the verbal abuses between quarrelers and disrespectfully raising one’s voice before the ruler.
It is also inferred therefrom that a debtor is allowed to ask the creditor to write off part of the debt.
It is also deduced that one may intercede with people to whom rights are due in favor of others, and that they are urged to accept the intercession in what is good and permissible.
It is also inferred from the hadeeth that a ruler may interfere personally to make peace between disputing people..

2708

‘Urwah ibn Al-Zubayr narrated that Al-Zubayr (may Allah be pleased with him) told me that he quarreled once with a man from the Ansaar, who had participated in (the battle of) Badr, in front of Allah's Messengerﷺ about a water stream which both of them used for irrigation. Allah's Messengerﷺ said to Al-Zubayr (may Allah be pleased with him), "O Zubayr! Irrigate (your garden) first, and then let the water flow to your neighbor." The man from the Ansaar became angry and said, "O Allah's Messengerﷺ! Is it because he is your cousin?" On that the complexion of Allah's Messengerﷺ changed (because of anger) and he said (to Al-Zubayr), "Irrigate (your garden) and then withhold the water till it reaches the walls (surrounding the palms)." So, Allah's Messengerﷺ gave Al-Zubayr his full right. Before that, heﷺ had given a generous judgment beneficial for both Al-Zubayr and the man from the Ansaar, but when the latter irritated Allah's Messengerﷺ, he gave Al-Zubayr his full right according to the essence of Laws of Islam provisions. Al-Zubayr (may Allah be pleased with him) said, "By Allah, I think the following ayah was revealed concerning that case (which means): {But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.} [Quran 4:65]

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Commentary :
The Prophet ﷺ was the Imaam, ruler, and judge of Muslims,and adjudicated and settled the disputes between them.
In this hadeeth, Al-Zubayr ibn Al-‘Awwaam (may Allah be pleased with him) narrated that he once quarreled with a man from the Ansaar who had participated in (the battle of) Badr. The man referred the dispute - over a water stream in Al-Harrah that was used by both of them for irrigation - to Allah's Messengerﷺ. Al-Harrah was an open area with black stones,on the outskirts of Al-Madeenah. They both used to irrigate their gardens from this water stream; the water would run through Al-Zubayr’s garden first and then the other man’s. Al-Zubayr (may Allah be pleased with him) used to block the water until he had irrigated his garden, and then allow it to flow and reach his neighbor’s garden. The Prophet ﷺ commanded Al-Zubayr to reasonably irrigate his garden first, and then let the water flow to his neighbor’s garden, but the man from the Ansaar became angry and said, "O Allah's Messengerﷺ! Is it because he is your cousin?" He was referring to the fact that Al-Zubayr was the son of Safiyyah bint ‘Abd Al-Muttalib (may Allah be pleased with them) and suggested that the Prophet ﷺ judged in his favor because he was his relative! Thereupon, the complexion of Allah's Messengerﷺ changed, because of anger which was written all over his face, given this man’s disrespect for the Messenger of Allah ﷺ and his heinous accusation. It should be noted that it was a mere slip of the tongue on part of the man (may Allah be pleased with him). He ﷺ said (to Al-Zubayr), "Irrigate (your garden) and then withhold the water till it reaches the walls (surrounding the palms),” meaning until he (may Allah be pleased with him) had finished irrigating the whole garden. Thus, Allah's Messengerﷺ gave Al-Zubayr his full right.
Before that, Allah's Messengerﷺ had given a generous judgment that was beneficial for both Al-Zubayr and the man from the Ansaar, out of courtesy, and to settle their dispute peacefully, suggesting that Al-Zubayr should irrigate his garden by taking the least amount of water sufficient for irrigation and then allow it to flow to his neighbor’s garden. However, when the man refused and irritated Allah's Messengerﷺ, he gave Al-Zubayr his full right according to the relevant Laws of Islam provisions. It goes without saying that the Prophet ﷺ did not let his anger drive him to undermine this man’s rights or give Al-Zubayr more than what he was entitled to at the expense of his neighbor.
Al-Zubayr (may Allah be pleased with him) said, "By Allah, I think the following ayah was revealed concerning that case (which means): {But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.} [Quran 4:65].
In the ayah, Allah, Exalted is He, swears by His name that no one truly believes unless he accepts the Prophet ﷺ as judge to settle all disputes and would be perfectly content with his judgment, hasten to comply with it and submissively adhere to it. This serves as a reprimand from Allah, Exalted is He, to those who do not seek the judgment of His Messenger ﷺ, negating (the perfection of) their faith until they should be content with his judgment.
It is deduced from the hadeeth that a ruler may pass his judgment based on what he believes to be the truth based on clear evidence, after urging the litigants to opt for reconciliation and the refusal of any of them.
The hadeeth urges Muslims to follow the example of the Prophet ﷺ at times of anger and contentment, and in all situations.It encourages a believer to restrain his anger, keep it in check, refrain from allowing it to drive him to infringe on the rights of others and wrong them, and rather to opt for forgiveness and pardon.
The hadeeth also urges Muslims to seek reconciliation and commands them to do so.
It is inferred therefrom that a ruler may give each litigant his right in full if the litigants refuse to reconcile or accept his proposal of a possible middle way.
It also rebukes whoever disrespects the ruler and governor and punish him accordingly without wronging him.

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2710

‘Abdullah ibn Ka‘b narrated that Ka‘b ibn Maalik (may Allah be pleased with him) told him that during the lifetime of Allah's Messengerﷺ, he demanded his debt from Ibn Abee Hadrad (may Allah be pleased with him) in the Mosque. Their voices grew louder till Allah's Messengerﷺ heard them while he was in his house. So, he ﷺ lifted the curtain of his room and called on Ka‘b ibn Maalik (may Allah be pleased with him) saying, "O Ka‘b!" He (may Allah be pleased with him) replied, "Labbayka (i.e., I am at your service), Allah's Messengerﷺ.”He ﷺ beckoned to him with his hand suggesting that he deduct half the debt. Ka‘b (may Allah be pleased with him) said, "I will do, O Allah's Messengerﷺ!” He ﷺ then said (to Ibn Abee Hadrad), "Get up and pay him the rest."
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Commentary :
The Islamic Laws of Islamdecreed that a debtor should keenly repay his debts in full and honor his commitments, and also enjoins the creditor to be kind and lenient towards the debtor.
In this hadeeth, Ka‘b ibn Maalik (may Allah be pleased with him)said that during the lifetime of the Prophet ﷺ, he demanded the repayment of his debt from Ibn Abee Hadrad (may Allah be pleased with him) in the Prophet’s Mosque. Their voices grew louder during their discussion till Allah's Messengerﷺ heard them while he was in his house. Therefore, he ﷺ lifted the curtain of his room and called onKa‘b ibn Maalik (may Allah be pleased with him) saying, "O Ka‘b!" He (may Allah be pleased with him) replied, "Labbayka (i.e., I am at your service), Allah's Messengerﷺ.”He ﷺ beckoned to him with his hand suggesting that he deduct half the debt owed by Ibn Abee Hadrad (may Allah be pleased with him). In compliance with the Prophet’s command, Ka‘b (may Allah be pleased with him) wrote off half the debt. It was not a judgment issued by the Prophet ﷺ for Ka‘b to give up his right to half of the debt, but rather aimed to urge him to show kindness and lenience towards the debtor, and he (may Allah be pleased with him) was not required to do so. He ﷺ then said (to Ibn Abee Hadrad), "Get up and pay him the rest,” meaning the other half of the debt.
The hadeeth highlights the virtue of reconciliation and mediation between the disputing people.
It is deduced from the hadeeth that it is allowable to adjudicate disputes over debts and all financial rights in the mosque and issue the apt judgment.
It is also inferred therefrom that it is permissible for a debtor to ask the creditor to write off part of the debt.
It is also deduced that one may intercede with those to whom rights are due in favor of others, and that they are urged to accept this intercession in what is good and permissible.
It is also inferred from the hadeeth that a ruler may interfere personally to make peace between disputing people..

2711

Marwaan and Al-Miswar ibn Makhramah (may Allah be pleased with them) narrated on the authority of the Companions of Allah's Messengerﷺ that when Suhayl ibn ‘Amr agreed to Al- Hudaybiyah Treaty, one of the terms he stipulated then, was that the Prophet ﷺ should return to them (i.e., the pagans of Quraysh) anyone coming to him from their side, even if he was already a Muslim; and would not interfere between them and that person. Muslims did not like this condition and were very indignant by it! Suhayl did not agree (to conclude the treaty) except with that condition. So, the Prophet ﷺ agreed to that condition and returned Aboo Jandal (may Allah be pleased with him) to his father Suhayl ibn ‘Amr. Thenceforward, the Prophet ﷺreturned everyone in that period (of truce) even if he was a Muslim. During that period some believing women emigrated including Umm Kulthoom bint ‘Uqbah ibn Abee Mu‘ayt (may Allah be pleased with her) who came to Allah's Messengerﷺ and was a young lady then. Her relative came to the Prophet ﷺand asked him to return her, but the Prophet ﷺ did not return her to them for Allah, Exalted is He, had revealed the following ayah regarding women. He Says (what means): {O you who have believed, when the believing women come to you as emigrants, examine them. Allah is most knowing as to their faith. And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them.} [Quran 60:10]
‘Urwah narrated that ‘Aa’ishah (may Allah be pleased with her) that the Prophet ﷺ used to examine the believing women who migrated to him in accordance with these ayaat. Allah, Exalted is He, Says (what means): {O you who have believed, when the believing women come to you as emigrants, examine them. Allah is most knowing as to their faith. And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them. But give the disbelievers what they have spent. And there is no blame upon you if you marry them when you have given them their due compensation. And hold not to marriage bonds with disbelieving women, but ask for what you have spent and let them ask for what they have spent. That is the judgement of Allah; He judges between you. And Allah is Knowing and Wise. * And if you have lost any of your wives to the disbelievers and you subsequently obtain [something], then give those whose wives have gone the equivalent of what they had spent. And fear Allah, in whom you are believers. * O Prophet, when the believing women come to you pledging to you that they will not associate anything with Allah, nor will they steal, nor will they commit unlawful sexual intercourse, nor will they kill their children, nor will they bring forth a slander they have invented between their arms and legs, nor will they disobey you in what is right - then accept their pledge and ask forgiveness for them of Allah. Indeed, Allah is Forgiving and Merciful.} [Quran 60:10-12] ‘Urwah narrated that ‘Aa’ishah (may Allah be pleased with her) said: “If any of the believing women accepted the condition (assigned in the above-mentioned ayaat), Allah's Messenger ﷺ would say to her, "I have accepted your Bay‘ah (i.e., pledge of allegiance)." "He ﷺ would only say that orally, for, by Allah, his hand never touched, any lady during that process. He ﷺ did not receive their Bay‘ah except by saying, "I have accepted your Bay‘ah for that.".

Commentary :
The Prophet ﷺ was the keenest to honor his covenants or agreements with others, even those made with the polytheists.
In this hadeeth, the Companions (may Allah be pleased with him) narrated that Suhayl ibn ‘Amr, who was one of the leaders of Quraysh and their preacher - he embraced Islam the same year Makkah was conquered - was the representative of the disbelievers of Quraysh at the Treaty of Al-Hudaybiyah in 6 A.H. One of the terms he stipulated then was that the Prophet ﷺ should return to them (i.e., the pagans of Quraysh) anyone coming to him from their side, even if he was already a Muslim, and would not interfere between them and that person. This meant that if any of the people of Quraysh wanted to embrace Islam and join the Muslims, the Prophet ﷺ was bound to return him to the disbelievers, who would kill him if they wished or do whatever they wanted! Muslims disliked this condition and were very indignant about it! It was very difficult for them to accept such a condition, especially since they were in a strong position and apparently had the right to decline such an unfair condition. However, Suhayl did not agree (to concluding the treaty) except with that condition. So, the Prophet ﷺ agreed to it and returned those who wanted to join the Muslims, one of whom was Aboo Jandal (may Allah be pleased with him), the son of Suhayl ibn ‘Amr, after he (Aboo Jandal) came from Makkah to Al-Hudaybiyah. Thenceforward, the Prophet ﷺreturned whoever came to him during that specified period (of the truce) even if he was a Muslim, in compliance with the agreed-upon term. During that period, some believing women emigrated, including Umm Kulthoom bint ‘Uqbah ibn Abee Mu‘ayt (may Allah be pleased with her), who came to Allah's Messengerﷺ and was a young lady then, meaning that she had recently reached puberty. Her relative came to the Prophet ﷺand asked him to return her, but the Prophet ﷺ did not return her to them, for Allah, Exalted is He, had revealed the following ayah regarding women. He Says (what means): {O you who have believed, when the believing women come to you as emigrants, examine them. Allah is most knowing as to their faith. And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them.} [Quran 60:10]. Testing them here meant asking them to take an oath and consider the indicative signs that they most likely had embraced Islam, to verify the sincerity of their faith.
It was also said that the meaning of their examination is to ask them to swear an oath that they did not leave their people to escape their hated husbands, merely sought migration to a different land, or to obtain some worldly gains, and ensure that they came only out of their love for Allah, Exalted is He, and His Messenger ﷺ.
The Mother of the Believers ‘Narrated Aa’ishah (may Allah be pleased with her) that the Prophet ﷺ used to examine the believing women who migrated to him in accordance with these ayaat. Allah, Exalted is He, Says (what means): {O you who have believed, when the believing women come to you as emigrants, examine them. Allah is most knowing as to their faith. And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them. But give the disbelievers what they have spent. And there is no blame upon you if you marry them when you have given them their due compensation. And hold not to marriage bonds with disbelieving women, but ask for what you have spent and let them ask for what they have spent. That is the judgement of Allah; He judges between you. And Allah is Knowing and Wise. * And if you have lost any of your wives to the disbelievers and you subsequently obtain [something], then give those whose wives have gone the equivalent of what they had spent. And fear Allah, in whom you are believers. * O Prophet, when the believing women come to you pledging to you that they will not associate anything with Allah, nor will they steal, nor will they commit unlawful sexual intercourse, nor will they kill their children, nor will they bring forth a slander they have invented between their arms and legs, nor will they disobey you in what is right - then accept their pledge and ask forgiveness for them of Allah. Indeed, Allah is Forgiving and Merciful.} [Quran 60:10-12]. The ayaat referred to their pledge of allegiance to refrain from associating partners with Allah, Exalted is He, stealing, committing Fornication (i.e., illicit sexual intercourse), or falsely attributing their illegitimate children to their husbands. It was also said that His Saying {between their arms,} means their tongues, and {and legs,} means their private parts. They had also to pledge not to disobey the Prophet ﷺ in whatever is lawful and good. It was said that this referred particularly to wailing over the dead, and it was also said that it referred to staying alone with non-Mahram men. Another opinion suggested that it referred to all the known rights of Allah, Exalted is He, over His servants.
Afterward, ‘Narrated Aa’ishah (may Allah be pleased with her) that whoever from among the believing women accepted these conditions, Allah's Messenger ﷺ said to her, "I have accepted your Bay‘ah (i.e., pledge of allegiance)." She (may Allah be pleased with her) swore by Allah that the Prophet’s hand never touched any lady during that process. It was done verbally since the Prophet ﷺ only shook the hands of men who gave him the Bay‘ah.
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2721

‘Uqbah ibn ‘Aamir (may Allah be pleased with him) narrated that the Prophet ﷺ said, "From among all the conditions which you have to fulfill, the conditions which make it lawful for you to have sexual relations (i.e., stipulated in marriage contracts) have the greatest right to be fulfilled."
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Commentary :
The believers are Islamically bound by their own conditions, and it is incumbent on a Muslim to comply with every condition that conforms with the Book of Allah, Exalted is He, and the Sunnah of His Prophet ﷺ, and does not conflict with them.
In this hadeeth, the Prophet ﷺ informed us that the first and foremost of these conditions, and the most deserving of fulfillment is the one by means of which sexual intercourse is deemed lawful. This means the conditions stipulated in marriage contracts whereby it becomes lawful for a man to engage in sexual intercourse with his wife. This is why such conditions were declared the most deserving of fulfillment (considering the solemnity of the marriage bond).
It is noteworthy that such conditions must not contradict the essence and implications of the marriage contract to begin with. Rather, they must be within the scope of what a marriage contract entails and aims to fulfill, such as stipulating fostering kindness, providing for one’s wife, providing her with clothes and accommodation within what is reasonably and customarily acceptable, fulfilling her rights over him, establishing justice among co-wives, or stipulating that she must not leave his home without his permission, that she must not disobey him, observe voluntary fasting without his permission, or does not allow anyone access to his home without his permission, dispose of his wealth and belongings except in a manner acceptable to him, and the like. However, this does not apply to the conditions that conflict with the very essence and implications of marriage, such as stipulating that the wife must not take a dower or that a husband is not required to provide for her and the like; such conditions must be broken. These conditions are invalid and if they are cancelled, the marriage contract would be valid, for the Prophet ﷺ said: “Every condition that is not in the Book of Allah is invalid, even if there are one hundred conditions. The Book of Allah is more deserving of being followed and the conditions of Allah, Exalted is He, are more binding.” [Al-Bukhaaree and Muslim].
The hadeeth urges the fulfillment of marital rights..

1510

Abu Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "No son can repay a father unless he finds him a slave and buys him and emancipates him." Another version reads: "No son can repay his father.".

Commentary : The right that children owe to their parents is great, and being dutiful to them in Islam is among the greatest means of drawing closer to Allah, as Allah has made dutifulness to them one of the broadest ways of reaching Paradise. Allah has also made not obeying them among the major sins and misdeeds that lead their perpetrators to disgracing punishment.
In this Hadīth, the Prophet (may Allah's peace and blessings be upon him) clarifies that the child, whether male or female, cannot repay his father - the mother is included and so are the grandparents who are the same as the parents - and fulfill his right in full for his kindness towards him except when he finds his father a slave, buys him with his own money, and emancipates him and sets him free. In other words, the son seeks to reach him by buying him, and it is well known that he only buys him to free him from slavery, not to have him as his own slave or to be the master of his father. So, nothing fulfills the father's right over his son, no matter what the son does, except this act. This is because Islam came when slavery and serfdom were widespread and a common habit of the Arabs, and there were bondmaids and slaves in every house.
It was said: If a man took possession of his father, the latter would be free by mere possession and [there is] no need to say: I set him free. Similarly, if he took possession of his mother, she would be free by mere possession and [there is] no need to say: I set her free.
The Hadīth encourages children to be dutiful and kind to their parents.
It also denotes the merit of emancipating slaves..

1513

Abu Hurayrah reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade the Hasāh sale (throwing pebble sale) and the Gharar sale (uncertainty sale)..

Commentary : During the pre-Islamic era of ignorance, there prevailed types of transactions that involved massive oppression and injustice. When Islam came, it established fair sales and forbade whatever involved oppression. Hence, it forbade what involved fraud and ambiguity to stop disagreement and dispute among people, which is one of the Shariah-approved objectives.
In this Hadīth, Abu Hurayrah (may Allah be pleased with him) narrates that the Prophet (may Allah's peace and blessings be upon him) forbade the Hasāh sale, which was one of the sales practiced by the people of Jāhiliyyah. If the seller or the buyer threw a pebble, that would be a sign of finalizing the sale. It had three forms: First: The seller says to the buyer: I would sell you of these garments that on which the pebble I throw falls; or: I would sell you a piece of this land from here to the part that this pebble reaches. Second: Considering the act of throwing the pebble itself a sale by saying: If you throw the pebble at this garment, it will be sold to you at such-and-such. Third: Saying: You have the option to either accept or reject the sale until I throw this pebble. It was said: It means saying: Throw the pebble and whatever number comes out, I will be entitled to an equal number of dinars or dirhams. All these are forms of invalid sales that entail doing injustice to one of the two parties of the sale.
The Messenger of Allah (may Allah's peace and blessings be upon him) also forbade the Gharar sale. Gharar means danger, delusion, and deceit. This is a generalization after a specification, as it includes any sale that involves any kind of deceit, or that which is ambiguous or cannot be fulfilled. One of the rationales behind forbidding this sale is the fact that it is a waste of money, for one may not be able to get the sold item, which means that he spent his money in vain.
The Hadīth prohibits deception and fraud in sales.
It warns against consuming people's properties wrongfully.
It also points out that the object of a sale transaction must be something known and must have a known price..

1519

Abu Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: Do not go out to meet what is being brought for trade. Whoever goes out to meet it and buys something thereof, when its master comes to the market, he will have the option..

Commentary : Selling and buying have rulings and etiquettes in Islam that a Muslim must adhere to fulfill justice in transactions and enjoy the pleasures of this worldly life and the Hereafter.
In this Hadīth, the Prophet (may Allah's peace and blessings be upon him) forbids merchants from going out and receiving those people who transport commodities from one country to another. They must not receive them before arriving and being acquainted with the prices of commodities in such a country because this might harm the seller as they might buy from him at a lower price than its known price, which would result in harming the owner of the commodity by underestimating its price. Hence, the Prophet (may Allah's peace and blessings be upon him) commanded the one who goes out to meet it and buys something thereof, and does not comply with the prohibition. So when "its master," i.e., the owner of the commodity, comes to the market, he will have the option either to effect the sale or take back his goods, for perhaps he did him injustice and wronged him regarding its price compared to its price in this country.
The Hadīth encourages truthfulness and transparency and the avoidance of deceit in commercial transactions.
It shows the Prophet's keenness on whatever brings goodness to his Ummah and his kindness towards them even when it comes to worldly interests..

1525

Ibn ‘Abbās reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: Whoever buys food should not sell it until he measures it. I said to Ibn ‘Abbās: Why? He said: Do you not see them transacting with gold, whereas the food is deferred?.

Commentary : Allah Almighty has prescribed in sale what maintains people's rights, keeps them away from conflicts and quarrels, and repels harm from them.
In this Hadīth, the Messenger of Allah (may Allah's peace and blessings be upon him) advises us saying that whoever buys food and wants to resell it, he "should not sell it" until he takes it after being measured and weighed. This is an indirect reference that the buyer should receive it and it becomes in his possession and knows its amount in a way that negates ambiguity. This is related to what is sold by measure as in this case, so it must be first measured until he receives it in full, then, he may sell it afterward. It is not lawful for him to sell it before measuring it, as it could be subject to excess or deficiency, which entails doing injustice and harm either to the seller or the buyer. Thereupon, Tāwūs ibn Kaysān - from the Tābi‘is - asked Ibn ‘Abbās (may Allah be pleased with him and his father): "Why?" i.e., why did the Messenger of Allah (may Allah's peace and blessings be upon him) stipulate this condition? Ibn ‘Abbās (may Allah be pleased with him and his father) said: "Do you not see them transacting with gold, whereas the food is deferred?" In other words, the seller used to take the price in gold dinars, and then he would delay the delivery of food to the buyer. Therefore, the Prophet (may Allah's peace and blessings be upon him) stipulated that the buyer should not resell it until he receives it and it becomes in his possession. Another Hadīth in the two Sahīh Collections clarified that what he meant by that is to transfer the food to another place or to the markets where it is sold in order not to be monopolized or manipulate its price. So, he made it clear that the right thing is to transfer it to the markets, which are known to people, where food is sold and to take possession of it, since Qabd (taking possession) is a condition, and transferring it as mentioned fulfills this condition.
Moreover, in the two Sahīh Collections, the Prophet (may Allah's peace and blessings be upon him) forbade reselling the food after buying it until he receives it in full, i.e., he should not adopt any procedure or dispose of it by selling it again unless he first takes what he has purchased and it becomes in his full possession. Only then, he can resell it. This guarantees preventing any harm to the seller, the buyer, or the dwellers of this country that could result in disputes and conflicts between people and, thus, inflict harm upon them.
The Hadīth shows the Prophet's keenness on whatever brings goodness to his Ummah and his kindness towards them even when it comes to worldly interests.
It highlights the prohibition of adopting sale methods that lead to the monopoly of goods and the rise in prices, or that cause harm to the parties involved in the sale transaction..

1530

Jābir ibn ‘Abdullāh reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade selling a heap of dried dates, whose measure is unknown, for a specified amount of dried dates..

Commentary : The rulings of sale transactions in Islam revolve around honesty and the absence of uncertainty among the parties involved in the sale. The sold item must be known to both parties, in terms of type, quantity, and quality, in such a way that removes any ambiguity. The Prophet (may Allah's peace and blessings be upon him) forbade certain kinds of sales that involve Jahālah (ambiguity), Gharar (uncertainty), and Riba (usury).
This Hadīth clarifies some of these forbidden kinds of sales. Jābir ibn ‘Abdullah (may Allah be pleased with him and his father) narrates that the Messenger of Allah (may Allah's peace and blessings be upon him): "Forbade selling a heap of dried dates, whose measure is unknown," "Subrah" (heap): food that is collected in a pile and whose weight and quantity are unknown. This applies to all types of food; however, he mentioned here one type in particular, namely the dried dates, because it is their staple food; otherwise, the mentioned prohibition includes all types of measured food. In Muslim's version, he did not mention his saying: "of dried dates" at the end of the Hadīth, which indicates the inclusion of all types of food sold without knowing its amount in exchange for a known amount of its like. "For a specified amount of dried dates," i.e., he forbade selling an unknown amount for a known amount of the same type, like dried dates for dried dates, wheat for wheat, and barley for barley, as this involves ambiguity regarding the unmeasured food from one aspect besides involving Riba al-Fadl (usury of surplus) from another aspect, bearing in mind that ignorance about the equality between the sold and purchased items is like knowing that there is a surplus between them, which is clear Riba. If the items subject to Riba rulings are the same, then, they must be the same in measure and hand to hand. However, if they are of different types, then, there is nothing wrong with the surplus between them like in the case of selling dried dates for wheat, or barley for corn, and the same applies to selling for cash, gold, or silver.
The Hadīth clarifies how the Shariah regulates the process of selling and buying to avoid the occurrence of disputes..

1536

Jābir reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land and selling it ahead for years, and selling fruits before ripening..

Commentary : In the pre-Islamic era of ignorance, there prevailed types of sale that brimmed with oppression and injustice. When Islam came, it established fair sales and forbade everything involving oppression. Hence, it forbade cheating in sale transactions. Putting an end to disputes and conflicts between the seller and the buyer is one of the objectives of the Shariah.
In this Hadīth, Jābir ibn ‘Abdullah (may Allah be pleased with him and his father) reports that the Messenger of Allah (may Allah's peace and blessings be upon him) forbade "leasing land", which is renting it. The forbidden lease is that which is in return for some of its produce, which means that the rent agreed upon between the owner and the lessee is an amount specified from the beginning of the fruits produced by this land, which may or may not produce this amount. In this case, the one who cultivates it will not be capable of fulfilling his contract. However, there is nothing wrong with leasing land in return for gold, silver, or cash, as in the two Sahīh Collections, Hanzhalah ibn Qays reported: "That he asked Rāfi‘ ibn Khadīj about leasing land, and he said: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land. He said: I said: Even in return for gold and silver? He said: If it is in return for gold and silver, there is no harm in it." Also in the two Sahīh Collections, Ibn ‘Umar (may Allah be pleased with him and his father) reported: "The Prophet (may Allah's peace and blessings be upon him) agreed with the people of Khaybar to work and cultivate in return for half of the fruits or crops produced." Therefore, the owner is allowed to lease it in return for a standard percentage of what is cultivated therein, like one-fourth or one-third of its produce.
He also forbade "selling it in advance for years." A version of Muslim reads: "Selling fruits in advance for years," which is selling the fruits of trees and palm trees for two years or more, knowing that such fruits have not been created yet. This is a Gharar sale (uncertain sale) because it involves selling something non-existent, ambiguous, undeliverable, and not owned by the contractor. So, it is a sale that involves a great deal of uncertainty and ambiguity.
The Prophet (may Allah's peace and blessings be upon him) also forbade "selling fruits before ripening," i.e., appearing to be ripe when it becomes colorful and its fruit appears and it becomes red or yellow, which is a sign of its good condition and safety from blight, and it becomes suitable for eating and selling.
The Hadīth shows the prohibition of every sale that involves ambiguity..

1536

Jābir ibn ‘Abdullāh reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade taking of rent or share of land..

Commentary : In the pre-Islamic era of ignorance, there prevailed types of sales that brimmed with oppression and injustice. When Islam came, it established fair sales and forbade whatever involved oppression. Hence, it forbade whatever involved fraud, uncertainty, and ambiguity to put an end to disputes and conflicts among people, which is one of the Shariah-approved objectives.
During the time of the Prophet (may Allah's peace and blessings be upon him), people used to lease their cultivated lands with contracts that either included an ambiguous rent or entailed injustice to the tenant. Hence, the Prophet (may Allah's peace and blessings be upon him) forbade taking rent or share of the land to prevent such contracts. The rent or share here means: The rent agreed upon between the owner, and the lessee is an amount specified from the beginning of the fruits produced by this land, and the land may produce this amount and may not, in which case the one who cultivates it will not be capable of fulfilling his contract. Hence, this was forbidden so they would not deceive the other or wrongfully consume his brother's property.
As for leasing in return for gold, silver, or cash, there is nothing wrong with it, as in the two Sahīh Collections - the wording is that of Muslim - Hanzhalah ibn Qays reported: "That he asked Rāfi‘ ibn Khadīj about leasing land, and he said: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land. He said: I said: Even in return for gold and silver? He said: If it is in return for gold and silver, there is no harm in it." Also in the two Sahīh Collections, Ibn ‘Umar (may Allah be pleased with him and his father) reported: "The Prophet (may Allah's peace and blessings be upon him) agreed with the people of Khaybar to work and cultivate in return for half of the fruits or crops produced." Therefore, the owner is allowed to lease it in return for a standard percentage of what is cultivated therein, like one-fourth or one-third of its produce..

1536

Jābir reported: The Prophet (may Allah's peace and blessings be upon him) forbade the sale of produce several years in advance. Another version reads: Selling fruits years in advance..

Commentary : Islam cares about protecting people's properties and is keen on not wasting them. It has clarified the manner of dealing with fixed assets and cash and how to manage selling and buying in such a way that guarantees the absence of uncertainty between the transactors and the removal of ambiguity from the sold item.
In this Hadīth, Jābir ibn ‘Abdullah (may Allah be pleased with him and his father) narrates that the Messenger of Allah (may Allah's peace and blessings be upon him) forbade the sale of selling in advance, or selling fruits years in advance, which is selling the fruits of trees and palm trees for two years or more, knowing that such fruits have not been created yet. This is a Gharar sale (a sale of uncertainty) because it involves selling something non-existent, ambiguous, undeliverable, and not owned by the contractor. So, it is a sale that involves a great deal of uncertainty and ambiguity.
One of the rationales behind this prohibition is the waste of money involved as the sold item might not be achieved, and he would have, thus, spent his money in vain.
The Hadīth shows the Prophet's keenness to establish financial relations among people based on sound grounds to protect the rights of all parties involved..

1536

Jābir reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade selling the white land (uncultivated land) for two or three years..

Commentary : Islam cares about protecting people's property and is keen on not wasting them. It has clarified the manner of dealing with fixed assets and cash and how to manage selling and buying in such a way that guarantees the absence of uncertainty between the transactors and the removal of ambiguity from the sold item.
In this Hadīth, Jābir ibn ‘Abdullah (may Allah be pleased with him and his father) narrates that the Prophet (may Allah's peace and blessings be upon him) forbade selling the white land, which is the land that has no trees or plants. What is meant by selling it here is its "Kirā’" (leasing), which means taking a share of the fruits as a rent for the land. It was called "sale" because it refers to selling a benefit. His saying: "Two or three years" indicates that the land may not yield a product during one of the contract years. Hence, its cultivator will need to fulfill his contract. For this reason, the Prophet (may Allah's peace and blessings be upon him) made the original state of the land dominant in the contract so that none of them would deceive the other or consume his brother's property wrongfully.
As for leasing in return for gold, silver, or cash, there is nothing wrong with that, for in the two Sahīh Collections - the wording is that of Muslim - Hanzhalah ibn Qays reported: "That he asked Rāfi‘ ibn Khadīj about leasing land, and he said: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land. He said: I said: Even in return for gold and silver? He said: If it is in return for gold and silver, there is no harm with that."
The Prohibition in this Hadīth is from uncertainty in leasing land in return for something ambiguous or not guaranteed of its fruits and how the transaction should be transparent and known to avoid discord and wasting people's properties..

1541

Abu Hurayrah reported: the Messenger of Allah (may Allah's peace and blessings be upon him) gave a concession for the sale of ‘Arāyā (unpicked ripe dates for dry dates) by estimation when they are less than - or he said: equal to - five Wasqs (a standard measure)..

Commentary : In the pre-Islamic era of ignorance, there were types of Riba-based sales. When Islam came, it rectified and refined such sale transactions and established the fair sale, which is free from Riba (usury). It forbade all types of sales that involve a possibility of Riba and that involve injustice.
In this Hadīth, Abu Hurayrah (may Allah be pleased with him) reports that the Messenger of Allah (may Allah's peace and blessings be upon him) "gave a concession," i.e., allowed and permitted, "the sale of ‘Arāyā": A type of sale that takes the following form: Buying fresh dates after becoming ripe on the date palms for dry dates. So, the fruits on the date palm are given to the needy to eat therefrom whenever they like. What is on the date palms is estimated and dry dates are taken in exchange. It was called the ‘Arāya sale because the owner of the date palm gives it to a needy person, i.e., he strips it of its fruits for his sake. However, the Shariah set a condition that this should be done "by estimation," i.e., with a similar number of dried dates for the unpicked fruits. This is because some people would witness the season of ripe dates and wish to feed their children therefrom while having no date palms or money. Hence, the Prophet (may Allah's peace and blessings be upon him) wanted to show kindness to them. He also stipulated that this should be of a measure or weight less than "five Wasqs", and the "Wasq" is a standard measure that is equal to sixty Sā‘s, i.e. (130.5kg) one hundred thirty kilograms and a half. Therefore, five Wasqs are equal to almost (653kg) six hundred fifty-three kilograms.
This means: The Prophet (may Allah's peace and blessings be upon him) granted them a concession regarding this kind of sale with this amount only because it could be mistakenly thought to be Riba, as the Prophet (may Allah's peace and blessings be upon him) forbade selling fruits for fruits of the same type, which is called a Muzābanah sale (selling something definite for an indefinite amount of its kind). It is as if the Prophet (may Allah's peace and blessings be upon him) made for them the exception of the ‘Arāya sale from Muzābanah and restricted it to five Wasqs to avoid the possibility of Riba.
His saying: "Or equal to five Wasqs" refers to the doubt that one of the Hadīth narrators had, and he was Dāwūd ibn al-Husayn, as he did not remember whether it was five Wasqs or less than five Wasqs.
The Hadīth clarifies the concession granted regarding one of the sale transactions out of alleviation and facilitation for the Ummah.
It also points out that the specified amount in the ‘Arāya sale transactions is five Wasqs..

1547

Ibn ‘Umar reported: We did not see anything wrong with Khibr until last year when Rāfi‘ claimed that the Prophet (may Allah's peace and blessings be upon him) forbade it. [Another version reads]: So, we abandoned it on account of that. [Another version reads]: Rāfi‘ has forbidden us from benefitting from our land..

1547

Hanzhalah ibn Qays al-Ansāri reported: I asked Rāfi‘ ibn Khadīj about leasing land in return for gold and silver, he replied: "There is no harm in it. At the time of the Prophet (may Allah's peace and blessings be upon him) the people used to lease lands in return for the yield of what grows on the banks of large rivers and the beginnings of water streams or the yield of certain parts of the land. Some of the harvest would be destroyed and some would remain safe. This was the only system the people had for renting lands, and thus, he forbade it. If the rent is something known and guaranteed, there is no harm in it.".

Commentary : During the pre-Islamic era of ignorance, there prevailed types of transactions that involved massive oppression and injustice. When Islam came, it established fair sales and forbade whatever involved oppression. Hence, it forbade what entailed fraud, uncertainty, and ambiguity to stop discord and dispute among people, which is one of the Shariah-approved objectives. At the time of the Prophet (may Allah's peace and blessings be upon him), people used to lease lands in return for a share of the yield as rent. The Tābi‘i Hanzhalah ibn Qays al-Ansāri asked the Companion Rāfi‘ ibn Khadīj (may Allah be pleased with him) about leasing it, i.e., renting it in return for gold and silver, which are meant here to refer to the dinar and dirham. This is a question about leasing land in return for gold and silver instead of leasing it in return for part of the yield. Rāfi‘ (may Allah be pleased with him) replied that there is no objection to leasing land in return for gold and silver, and he said: "At the time of the Prophet (may Allah's peace and blessings be upon him) the people used to lease lands in return for the yield of what grows on the banks of large rivers," which are the watercourses coming from the wide river. It was said: What grows on the banks of the watercourse, and it was said: What grows around the brooklets. "And the beginnings of water streams," which are the beginnings of small rivers, "or the yield of certain parts of the land," i.e., types of the cultivated crops. This means: the owner allocates to himself the parts that would yield the best fruits or the finest crops, and the rest is for the tenant.
Rāfi‘ said: "Some of the harvest would be destroyed and some would remain safe," i.e., either the harvest of the owner or that of the tenant is destroyed, so one of them is wronged. "This was the only system the people had for renting lands, and thus, he forbade it," i.e., the Prophet (may Allah's peace and blessings be upon him) prohibited this kind of rent given the Jahālah (ambiguity) that it involved, and Jahālah is Gharar (uncertainty). If the rent, however, is something known and guaranteed, i.e., a known rent in cash, then there is no objection to leasing the land in return for such rent.
The Hadīth points out the permissibility of leasing land in return for a known amount of cash money..

1548

Rāfi‘ ibn Khadīj reported: At the time of the Messenger of Allah (may Allah's peace and blessings be upon him), we used to lease land based on Muhāqalah so that we would lease it in return for one-third or one-quarter of the yield or a specified amount of food. One day, a man from among my paternal uncles came and said: The Messenger of Allah (may Allah's peace and blessings be upon him) has forbidden us from something beneficial for us, but obedience to Allah and His Messenger is more beneficial for us. He has forbidden us to lease land based on Muhāqalah and to lease it in return for one-third or one-quarter of the yield and for a specified amount of food. He commanded the landowner to cultivate it or to give it to someone else to cultivate. He disliked leasing it or anything else. [Another version reads]: We used to lease land based on Muhāqalah, leasing it in return for one-third or one-quarter of the yield..

Commentary : In the pre-Islamic era of ignorance, there prevailed types of sale that brimmed with oppression and injustice. When Islam came, it established fair sales and forbade whatever involved oppression. Hence, it forbade whatever involved fraud, uncertainty, and ambiguity to end disputes and conflicts among people, which is one of the Shariah-approved objectives.
In this Hadīth, Rāfi‘ ibn Khadīj (may Allah be pleased with him) reports that they used to lease land based on Muhāqalah during the time of the Messenger of Allah (may Allah's peace and blessings be upon him). There are different opinions regarding the meaning of Muhāqalah. It is said: It means leasing the land in return for wheat, as interpreted in some versions, which is called Muhārathah by the cultivators. It is said: It means the cultivation of land in return for a known share of its produce, like one-third, one-fourth, or the like as mentioned in this Hadīth. It is said: It means selling food in its ears in return for wheat grains. It is said: It means selling crops before fully growing. His saying: "And for a specified amount of food," i.e., by taking a specified share of the fruits as a rent for the land, and all this entails ambiguity in the contract between the owner and the lessee. Then, Rāfi '(may Allah be pleased with him) reported that things continued in this way until one day, one of his paternal uncles - it is said: His uncle Zhahīr ibn Rāfi '- came and informed them that the Messenger of Allah (may Allah's peace and blessings be upon him) forbade them from something beneficial for them, referring to Muhāqalah, which was what they obtained in return for using the land so that they would benefit and the worker would benefit as well. However, this benefit, in fact, is a partial benefit, and perhaps it will not be safe from harm, as its fruits might be ruined, which would lead to the loss of the right of one of them. "But obedience to Allah and His Messenger is more beneficial for us," i.e., obeying Allah and His Messenger (may Allah's peace and blessings be upon him) to what he guides us is more beneficial for us than this assumed benefit of Kirā’ and Muzāra‘ah that we used to practice. In fact, responding to the Messenger of Allah (may Allah's peace and blessings be upon him) is better and more beneficial for their religion and worldly life. One of their ways of practicing Muhāqalah was leasing land in return for one-third or one-fourth of its yield or a specified amount of food, i.e., by taking a share of the fruits as a rent for the land. So, the Prophet (may Allah's peace and blessings be upon him) commanded the landowner to cultivate it himself or give it to someone to cultivate. The Prophet (may Allah's peace and blessings be upon him) disliked "leasing it or anything else," i.e., anything related to leasing. It is said: This was during the early days of emigration out of compassion for them; they had either to cultivate it or to let it be cultivated by others from their emigrant brothers. Then, he (may Allah's peace and blessings be upon him) granted a concession for leasing. It was reported that there is no harm in leasing in return for gold, silver, or cash, as in the two Sahīh Collections, Hanzhalah ibn Qays reported: "That he asked Rāfi‘ ibn Khadīj about leasing land, and he said: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land. He said: I said: Even in return for gold and silver? He said: If it is in return for gold and silver, there is no harm in it." Also in the two Sahīh Collections, Ibn ‘Umar (may Allah be pleased with him and his father) reported: "The Prophet (may Allah's peace and blessings be upon him) agreed with the people of Khaybar to work and cultivate in return for half of the fruits or crops produced." Therefore, it is permissible for the owner to rent it in return for a standard percentage of what is cultivated therein, like one-fourth or one-third of its produce. The prohibition refers to whatever involves risk, ambiguity, and uncertainty. The most famous among such transactions was where the landowner used to specify for himself part of the land and what it produced.
The Hadīth highlights the fact that Allah Almighty and His Messenger (may Allah's peace and blessings be upon him) never forbid benefits and interests; rather, they forbid evil consequences and whatever leads to them..

1549

‘Abdullah ibn as-Sā’ib reported: We entered upon ‘Abdullah ibn Ma‘qil and asked him about Muzāra‘ah (sharecropping). He said: Thābit claimed that the Messenger of Allah (may Allah's peace and blessings be upon him) forbade Muzāra‘ah and commanded Mu’ājarah (leasing land for rent), and he said: There is no harm in it..

Commentary : In the pre-Islamic era of ignorance, there prevailed types of sales that brimmed with oppression and injustice. When Islam came, it established fair sales and forbade whatever involved oppression. Hence, it forbade whatever involved fraud, uncertainty, and ambiguity to end disputes and conflicts among people, which is one of the Shariah-approved objectives.
In this Hadīth, Thābit ibn ad-Dahhāk (may Allah be pleased with him) reports that the Prophet (may Allah's peace and blessings be upon him) forbade Muzāra‘ah, which is leasing the land in return for part of it and working on the land for part of its fruit production. The prohibition here refers to whatever involves risk, ambiguity, and uncertainty, and the most famous among such transactions was the one where the landowner used to specify for himself part of the land and what it produced. However, apart from this, it is permissible for the owner to lease it for a standard percentage of what is cultivated therein, like one-fourth or one-third of its produce, as it is mentioned in the two Sahīh Collections that Ibn ‘Umar (may Allah be pleased with him and his father) reported: "The Prophet (may Allah's peace and blessings be upon him) agreed with the people of Khaybar to work and cultivate in return for half of the fruits or crops produced."
The Prophet (may Allah's peace and blessings be upon him) commanded and made it permissible for them to practice Mu’ājarah instead of Muzāra‘ah and it means taking a known rent in gold, silver, or cash because this kind of lease is the farthest from uncertainty and ambiguity. In the two Sahīh Collections, Hanzhalah ibn Qays reported: "That he asked Rāfi‘ ibn Khadīj about leasing land, and he said: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land. He said: I said: Even in return for gold and silver? He said: If it is in return for gold and silver, there is no harm in it.".

1551

Ibn ‘Umar reported: 'Umar ibn al-Khattāb expelled the Jews and the Christians from the land of Hijāz, and when the Messenger of Allah (may Allah's peace and blessings be upon him) conquered Khaybar, he wanted to expel the Jews from that place, for when the land was conquered, it came to belong to Allah, His Messenger, and the Muslims. Hence, he wanted to expel the Jews from it. However, the Jews asked the Messenger of Allah (may Allah's peace and blessings be upon him) to leave them there on condition that they should do all its work and have half the produce. The Messenger of Allah (may Allah's peace and blessings be upon him) said to them: We shall leave you there on that condition for as long as we wish. So, they stayed there until ‘Umar expelled them to Taymā’ and Arīhā’..

Commentary : Some of the Jewish tribes were living in Madīnah, and they kept betraying Muslims and breaching their covenants with the Prophet (may Allah's peace and blessings be upon him) during his lifetime and with his Companions after his death. So, some of them made covenants with them, whereas others declared war against them.
In this Hadīth, ‘Abdullah ibn ‘Umar (may Allah be pleased with him and his father) reports that the Caliph ‘Umar ibn al-Khattāb (may Allah be pleased with him) expelled the Jews and the Christians, i.e., he deported them from the land of Hijāz, namely Makkah and Madīnah and their surroundings.
Ibn ‘Umar (may Allah be pleased with him and his father) reports that when the Messenger of Allah (may Allah's peace and blessings be upon him) gained victory over the people of Khaybar and overcame them in the seventh year of Hijrah, and it was a village inhabited by the Jews almost 168 kilometers away from Madīnah from the direction of the Levant, he (may Allah's peace and blessings be upon him) wanted to expel the Jews from it, for when the land of Khaybar was conquered by Muslims, it became a possession of Allah, His Messenger, and Muslims. This clearly shows that the land was no longer owned by the Jews after being conquered by Muslims; rather, the Messenger of Allah (may Allah's peace and blessings be upon him) distributed it among the victorious Muslims and it became among their possessions. What is meant by it being a possession of Allah and His Messenger is that some of its shares were given to the Muslims' public treasury.
On knowing that the Messenger of Allah (may Allah's peace and blessings be upon him) wanted to deport them from Khaybar, the Jews asked him to allow them to stay in it and leave them on condition that they would work therein in the trees and the land in return for half of its fruits, whereas the other half would be for him, and he (may Allah's peace and blessings be upon him) agreed to the condition they stipulated for themselves. His saying: "For as long as we wish", was an exception made by the Messenger of Allah (may Allah's peace and blessings be upon him) to the condition of their stay. It means that if Muslims wanted to expel you from that place, you would have to leave, as the Jews were not entitled to anything if Muslims had a different opinion. The agreement was concluded on such terms, and the Jews remained in Khaybar and stayed therein during the time of the Prophet (may Allah's peace and blessings be upon him) and during the caliphate of Abu Bakr as-Siddīq (may Allah be pleased with him) until 'Umar ibn al-Khattāb (may Allah be pleased with him) became the caliph. During his time, Muslims were of the opinion of expelling the Jews from the Peninsula, and this acted as an invalidation of the contract between the Muslims and the Jews, and 'Umar (may Allah be pleased with him) expelled them from that place to Taymā' and Arīhā'.
Taymā’ is a place on the way of Madīnah and Tabūk city toward the Levant. Historically and geographically, it is located northwest of the Arabian Peninsula. It is almost 264 kilometres away to the east of Tabūk city and nearly 420 kilometres away to the north of Madīnah, whereas Arīhā’ was a village in the Levant.
The reason why ‘Umar (may Allah be pleased with him) expelled the Jews was narrated in Al-Bukhāri Collection where ‘Umar (may Allah be pleased with him) said: ‘Abdullah ibn ‘Umar went to his property there and was attacked at night, and his hands and feet were injured, and as we have no enemies there except them, they are our enemies and the ones whom we suspect, and I have made up my mind to exile them. So, he exiled them and gave them the price of the fruits they were entitled to in the form of money, camels, and goods, including saddles, ropes, etc. In the two Sahīh Collections, the Prophet (may Allah's peace and blessings be upon him) said: "Expel the polytheists from Arabia."
The Hadīth shows that agricultural land is leased to the landowner for a known portion of its fruits, whereas the rest goes to its cultivator.
It points out that a Muslim ruler has the right to conclude treaties, make whatever exceptions he wants, and revoke such treaties based on the agreed-upon conditions, provided that all this is for the benefit of Muslims.
It highlights the fact that dealing with the People of the Book should be for what brings benefit, not harm, to the Muslim Ummah, along with being careful and taking precautions against them..

Book of Hadith

| Hadiths

Umm Kulthoom bint ‘Uqbah (may Allah be pleased with her) narrated that she heard Allah's Messengerﷺ saying, "He who makes peace between disputing people by inventing good information or saying good things, is not a liar (i.e., he does not bear a sin for it).” .

‘Narrated Aa’ishah (may Allah be pleased with her) that Allah's Messengerﷺ said, "If somebody innovates something which has no basis in our religion, such innovation is rejected." .

Abu Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "No son can repay a father unless he finds him a slave and buys him and emancipates him." Another version reads: "No son can repay his father.".

Abu Hurayrah reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade the Hasāh sale (throwing pebble sale) and the Gharar sale (uncertainty sale)..

Ibn ‘Abbās reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: Whoever buys food should not sell it until he measures it. I said to Ibn ‘Abbās: Why? He said: Do you not see them transacting with gold, whereas the food is deferred?.

Jābir ibn ‘Abdullāh reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade selling a heap of dried dates, whose measure is unknown, for a specified amount of dried dates..

Jābir reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land and selling it ahead for years, and selling fruits before ripening..

Jābir ibn ‘Abdullāh reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade taking of rent or share of land..

Jābir reported: The Prophet (may Allah's peace and blessings be upon him) forbade the sale of produce several years in advance. Another version reads: Selling fruits years in advance..

Jābir reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade selling the white land (uncultivated land) for two or three years..

Abu Hurayrah reported: the Messenger of Allah (may Allah's peace and blessings be upon him) gave a concession for the sale of ‘Arāyā (unpicked ripe dates for dry dates) by estimation when they are less than - or he said: equal to - five Wasqs (a standard measure)..

Umm Kulthoom bint ‘Uqbah (may Allah be pleased with her) narrated that she heard Allah's Messengerﷺ saying, "He who makes peace between disputing people by inventing good information or saying good things, is not a liar (i.e., he does not bear a sin for it).”
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‘Narrated Aa’ishah (may Allah be pleased with her) that Allah's Messengerﷺ said, "If somebody innovates something which has no basis in our religion, such innovation is rejected."
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