Sa'd bin 'Ubada Al-Ansari sought the verdict of Allah's Messenger (ﷺ)
regarding a vow made by his mother who had died before fulfilling it.
Allah's Messenger (ﷺ) said, "Fulfill it on her behalf." Some people said,
"If the number of camels reaches twenty, then their owner has to pay
four sheep as Zakat; and if their owner gives them as a gift or sells
them in order to escape the payment of Zakat cunningly before the
completion of a year, then he is not to pay anything, and if he
slaughters them and then dies, then no Zakat is to be taken from his
property."
USC-MSA web (English) reference : Vol. 9, Book 86, Hadith 90
Hadith 6960
Chapter 4: Tricks in marriages - كتاب الحيل
Narrated 'Abdullah:
حَدَّثَنَا مُسَدَّدٌ، حَدَّثَنَا يَحْيَى بْنُ سَعِيدٍ، عَنْ عُبَيْدِ اللَّهِ، قَالَ حَدَّثَنِي نَافِعٌ، عَنْ عَبْدِ اللَّهِ ـ رضى الله عنه ـ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنِ الشِّغَارِ. قُلْتُ لِنَافِعٍ مَا الشِّغَارُ قَالَ يَنْكِحُ ابْنَةَ الرَّجُلِ وَيُنْكِحُهُ ابْنَتَهُ بِغَيْرِ صَدَاقٍ، وَيَنْكِحُ أُخْتَ الرَّجُلِ وَيُنْكِحُهُ أُخْتَهُ بِغَيْرِ صَدَاقٍ. وَقَالَ بَعْضُ النَّاسِ إِنِ احْتَالَ حَتَّى تَزَوَّجَ عَلَى الشِّغَارِ، فَهْوَ جَائِزٌ، وَالشَّرْطُ بَاطِلٌ. وَقَالَ فِي الْمُتْعَةِ النِّكَاحُ فَاسِدٌ، وَالشَّرْطُ بَاطِلٌ. وَقَالَ بَعْضُهُمُ الْمُتْعَةُ وَالشِّغَارُ جَائِزٌ، وَالشَّرْطُ بَاطِلٌ.
Nafi narrated to me that 'Abdullah said that Allah's Messenger (ﷺ) forbade
the Shighar. I asked Nafi', "What is the Shighar?" He said, "It is to
marry the daughter of a man and marry one's daughter to that man (at
the same time) without Mahr (in both cases); or to marry the sister of
a man and marry one's own sister to that man without Mahr." Some
people said, "If one, by a trick, marries on the basis of Shighar, the
marriage is valid but its condition is illegal." The same scholar said
regarding Al-Mut'a, "The marriage is invalid and its condition is
illegal." Some others said, "The Mut'a and the Shighar are permissible
but the condition is illegal."
USC-MSA web (English) reference : Vol. 9, Book 86, Hadith 90
Hadith 6961
Chapter 4: Tricks in marriages - كتاب الحيل
Narrated Muhammad bin `Ali:
حَدَّثَنَا مُسَدَّدٌ، حَدَّثَنَا يَحْيَى، عَنْ عُبَيْدِ اللَّهِ بْنِ عُمَرَ، حَدَّثَنَا الزُّهْرِيُّ، عَنِ الْحَسَنِ، وَعَبْدِ اللَّهِ، ابْنَىْ مُحَمَّدِ بْنِ عَلِيٍّ عَنْ أَبِيهِمَا، أَنَّ عَلِيًّا ـ رضى الله عنه ـ قِيلَ لَهُ إِنَّ ابْنَ عَبَّاسٍ لاَ يَرَى بِمُتْعَةِ النِّسَاءِ بَأْسًا. فَقَالَ إِنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنْهَا يَوْمَ خَيْبَرَ، وَعَنْ لُحُومِ الْحُمُرِ الإِنْسِيَّةِ. وَقَالَ بَعْضُ النَّاسِ إِنِ احْتَالَ حَتَّى تَمَتَّعَ، فَالنِّكَاحُ فَاسِدٌ. وَقَالَ بَعْضُهُمُ النِّكَاحُ جَائِزٌ وَالشَّرْطُ بَاطِلٌ.
`Ali was told that Ibn `Abbas did not see any harm in the Mut'a marriage. `Ali said, "Allah's Messenger (ﷺ)
forbade the Mut'a marriage on the Day of the battle of Khaibar and he forbade the eating of donkey's
meat." Some people said, "If one, by a tricky way, marries temporarily, his marriage is illegal." Others
said, "The marriage is valid but its condition is illegal."
USC-MSA web (English) reference : Vol. 9, Book 86, Hadith 91
Hadith 6962
Chapter 5: What tricks are disliked in bargains - كتاب الحيل
Narrated Abu Huraira:
حَدَّثَنَا إِسْمَاعِيلُ، حَدَّثَنَا مَالِكٌ، عَنْ أَبِي الزِّنَادِ، عَنِ الأَعْرَجِ، عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" لاَ يُمْنَعُ فَضْلُ الْمَاءِ لِيُمْنَعَ بِهِ فَضْلُ الْكَلإِ ".
Allah's Messenger (ﷺ) said, "One should not prevent others from watering their animals with the surplus of
his water in order to prevent them from benefiting by the surplus of grass."
That he asked `Aisha regarding the Verse: 'If you fear that you shall not be able to deal justly with the
orphan girls, marry (other) women of your choice.' (4.3) `Aisha said, "It is about an orphan girl under
the custody of her guardian who being attracted by her wealth and beauty wants to marry her with
Mahr less than other women of her status. So such guardians were forbidden to marry them unless
they treat them justly by giving them their full Mahr. Then the people sought the verdict of Allah's
Apostle for such cases, whereupon Allah revealed: 'They ask your instruction concerning women..'
(4.127) (The sub-narrator then mentioned the Hadith.)
The Prophet (ﷺ) said, "I am only a human being, and you people have disputes. May be some one
amongst you can present his case in a more eloquent and convincing manner than the other, and I give
my judgment in his favor according to what I hear. Beware! If ever I give (by error) somebody
something of his brother's right then he should not take it as I have only, given him a piece of Fire."
(See Hadith No. 638. Vol. 3)
The Prophet (ﷺ) said, "A virgin should not be married till she is asked for her consent; and the matron
should not be married till she is asked whether she agrees to marry or not." It was asked, "O Allah's
Apostle! How will she (the virgin) express her consent?" He said, "By keeping silent." Some people
said that if a virgin is not asked for her consent and she is not married, and then a man, by playing a trick
presents two false witnesses that he has married her with her consent and the judge confirms his
marriage as a true one, and the husband knows that the witnesses were false ones, then there is no
harm for him to consummate his marriage with her and the marriage is regarded as valid.
A woman from the offspring of Ja`far was afraid lest her guardian marry her (to somebody) against
her will. So she sent for two elderly men from the Ansar, `AbdurRahman and Mujammi', the two sons
of Jariya, and they said to her, "Don't be afraid, for Khansa' bint Khidam was given by her father in
marriage against her will, then the Prophet (ﷺ) cancelled that marriage." (See Hadith No. 78)
Allah's Messenger (ﷺ) said, "A lady slave should not be given in marriage until she is consulted, and a virgin
should not be given in marriage until her permission is granted." The people said, "How will she
express her permission?" The Prophet (ﷺ) said, "By keeping silent (when asked her consent)." Some
people said, "If a man, by playing a trick, presents two false witnesses before the judge to testify that
he has married a matron with her consent and the judge confirms his marriage, and the husband is sure
that he has never married her (before), then such a marriage will be considered as a legal one and he
may live with her as husband."
USC-MSA web (English) reference : Vol. 9, Book 86, Hadith 100
Hadith 6971
Chapter 11: (Tricks) in marriage - كتاب الحيل
Narrated `Aisha:
حَدَّثَنَا أَبُو عَاصِمٍ، عَنِ ابْنِ جُرَيْجٍ، عَنِ ابْنِ أَبِي مُلَيْكَةَ، عَنْ ذَكْوَانَ، عَنْ عَائِشَةَ ـ رضى الله عنها ـ قَالَتْ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " الْبِكْرُ تُسْتَأْذَنُ ". قُلْتُ إِنَّ الْبِكْرَ تَسْتَحْيِي قَالَ " إِذْنُهَا صُمَاتُهَا ". وَقَالَ بَعْضُ النَّاسِ إِنْ هَوِيَ رَجُلٌ جَارِيَةً يَتِيمَةً أَوْ بِكْرًا، فَأَبَتْ فَاحْتَالَ فَجَاءَ بِشَاهِدَىْ زُورٍ عَلَى أَنَّهُ تَزَوَّجَهَا، فَأَدْرَكَتْ فَرَضِيَتِ الْيَتِيمَةُ، فَقَبِلَ الْقَاضِي شَهَادَةَ الزُّورِ، وَالزَّوْجُ يَعْلَمُ بِبُطْلاَنِ ذَلِكَ، حَلَّ لَهُ الْوَطْءُ.
Allah's Messenger (ﷺ) said, "It is essential to have the consent of a virgin (for the marriage). I said, "A virgin
feels shy." The Prophet; said, "Her silence means her consent." Some people said, "If a man falls in
love with an orphan slave girl or a virgin and she refuses (him) and then he makes a trick by bringing
two false witnesses to testify that he has married her, and then she attains the age of puberty and
agrees to marry him and the judge accepts the false witness and the husband knows that the witnesses
were false ones, he may consummate his marriage."
Allah's Messenger (ﷺ) used to like sweets and also used to like honey, and whenever he finished the `Asr
prayer, he used to visit his wives and stay with them. Once he visited Hafsa and remained with her
longer than the period he used to stay, so I enquired about it. It was said to me, "A woman from her
tribe gave her a leather skin containing honey as a present, and she gave some of it to Allah's Messenger (ﷺ)
to drink." I said, "By Allah, we will play a trick on him." So I mentioned the story to Sauda (the wife
of the Prophet) and said to her, "When he enters upon you, he will come near to you whereupon you
should say to him, 'O Allah's Messenger (ﷺ)! Have you eaten Maghafir?' He will say, 'No.' Then you say to
him, 'What is this bad smell? ' And it would be very hard on Allah's Messenger (ﷺ) that a bad smell should be
found on his body. He will say, 'Hafsa has given me a drink of honey.' Then you should say to him,
'Its bees must have sucked from the Al-`Urfut (a foul smelling flower).' I too, will tell him the same.
And you, O Saifya, say the same."
So when the Prophet (ﷺ) entered upon Sauda (the following happened). Sauda said, "By Him except
Whom none has the right to be worshipped, I was about to say to him what you had told me to say
while he was still at the gate because of fear from you. But when Allah 's Apostle came near to me, I
said to him, 'O Allah's Messenger (ﷺ)! Have you eaten Maghafir?' He replied, 'No.' I said, 'What about this
smell?' He said, 'Hafsa has given me a drink of honey.' I said, 'Its bees must have sucked Al-`Urfut.' "
When he entered upon me, I told him the same as that, and when he entered upon Safiya, she too told
him the same. So when he visited Hafsa again, she said to him, "O Allah's Messenger (ﷺ)! Shall I give you a
drink of it (honey)?" He said, "I have no desire for it." Sauda said, Subhan Allah! We have deprived
him of it (honey)." I said to her, "Be quiet!"
`Umar bin Al-Khattab left for Sham, and when he reached a placed called Sargh, he came to know
that there was an outbreak of an epidemic (of plague) in Sham. Then `AbdurRahman bin `Auf told
him that Allah's Messenger (ﷺ) said, "If you hear the news of an outbreak of an epidemic (plague) in a
certain place, do not enter that place: and if the epidemic falls in a place while you are present in it, do
not leave that place to escape from the epidemic." So `Umar returned from Sargh.
That he heard Usama bin Zaid speaking to Sa`d, saying, "Allah's Messenger (ﷺ) mentioned the plague and
said, 'It is a means of punishment with which some nations were punished and some of it has
remained, and it appears now and then. So whoever hears that there is an outbreak of plague in some
land, he should not go to that land, and if the plague breaks out in the land where one is already
present, one should not run away from that land, escaping from the plague."
USC-MSA web (English) reference : Vol. 9, Book 86, Hadith 104
Hadith 6975
Chapter 14: (Tricks in) gift-giving and pre-emption - كتاب الحيل
Narrated Ibn `Abbas:
حَدَّثَنَا أَبُو نُعَيْمٍ، حَدَّثَنَا سُفْيَانُ، عَنْ أَيُّوبَ السَّخْتِيَانِيِّ، عَنْ عِكْرِمَةَ، عَنِ ابْنِ عَبَّاسٍ ـ رضى الله عنهما ـ قَالَ قَالَ النَّبِيُّ صلى الله عليه وسلم
" الْعَائِدُ فِي هِبَتِهِ كَالْكَلْبِ يَعُودُ فِي قَيْئِهِ، لَيْسَ لَنَا مَثَلُ السَّوْءِ ".
The Prophet (ﷺ) said, "The one who takes back his gift is like a dog swallowing its own vomit, and we
(believers) should not act according to this bad example."
The Prophet (ﷺ) has decreed that preemption is valid in all cases where the real estate concerned has not
been divided, but if the boundaries are established and the ways are made, then there is no preemption.
A man said, "Preemption is only for the neighbor," and then he makes invalid what he has confirmed.
He said, "If someone wants to buy a house and being afraid that the neighbor (of the house) may buy
it through preemption, he buys one share out of one hundred shares of the house and then buys the rest
of the house, then the neighbor can only have the right of preemption for the first share but not for the
rest of the house; and the buyer may play such a trick in this case."
Al-Miswar bin Makhrama came and put his hand on my shoulder and I
accompanied him to Sa'd. Abu Rafi' said to Al-Miswar, "Won't you order
this (i.e. Sa'd) to buy my house which is in my yard?" Sa'd said, "I
will not offer more than four hundred in installments over a fixed
period." Abu Rafi said, "I was offered five hundred cash but I
refused. Had I not heard the Prophet (ﷺ) saying, 'A neighbor is more
entitled to receive the care of his neighbor,' I would not have sold
it to you." The narrator said, to Sufyan: Ma'mar did not say so.
Sufyan said, "But he did say so to me." Some people said, "If someone
wants to sell a house and deprived somebody of the right of
preemption, he has the right to play a trick to render the preemption
invalid. And that is by giving the house to the buyer as a present and
marking its boundaries and giving it to him. The buyer then gives the
seller one-thousand Dirham as compensation in which case the preemptor
loses his right of preemption."
Abu Rafi' said that Sa'd offered him
four hundred Mithqal of gold for a house. Abu Rafi ' said, "If I had
not heard Allah's Messenger (ﷺ) saying, 'A neighbor has more right to be
taken care of by his neighbor,' then I would not have given it to
you." Some people said, "If one has bought a portion of a house and
wants to cancel the right of preemption, he may give it as a present
to his little son and he will not be obliged to take an oath."
Allah's Messenger (ﷺ) appointed a man called Ibn Al-Lutabiyya to collect the Zakat from Bani Sulaim's
tribe. When he returned, the Prophet (ﷺ) called him to account. He said (to the Prophet, 'This is your
money, and this has been given to me as a gift." On that, Allah's Messenger (ﷺ) said, "Why didn't you stay in
your father's and mother's house to see whether you will be given gifts or not if you are telling the
truth?" Then the Prophet (ﷺ) addressed us, and after praising and glorifying Allah, he said: "Amma
Ba'du", I employ a man from among you to manage some affair of what Allah has put under my
custody, and then he comes to me and says, 'This is your money and this has been given to me as a
gift. Why didn't he stay in his father's and mother's home to see whether he will be given gifts or not?
By Allah, not anyone of you takes a thing unlawfully but he will meet Allah on the Day of
Resurrection, carrying that thing. I do not want to see any of you carrying a grunting camel or a
mooing cow or a bleating sheep on meeting Allah." Then the Prophet (ﷺ) raised both his hands till the
whiteness of his armpits became visible, and he said, "O Allah! Haven't I have conveyed (Your
Message)?" The narrator added: My eyes witnessed and my ears heard (that Hadith).
The Prophet (ﷺ) said, "The neighbor has more right to be taken care of by his neighbor (than anyone
else)." Some men said, "If one wants to buy a house for 20,000 Dirhams then there is no harm to play
a trick to deprive somebody of preemption by buying it (just on paper) with 20,000 Dirhams but
paying to the seller only 9,999 Dirhams in cash and then agree with the seller to pay only one Dinar in
cash for the rest of the price (i.e. 10,001 Dirhams). If the preemptor offers 20,000 Dirhams for the
house, he can buy it otherwise he has no right to buy it (by this trick he got out of preemption). If the
house proves to belong to somebody else other than the seller, the buyer should take back from the
seller what he has paid, i.e., 9,999 Dirhams and one Dinar, because if the house proves to belong to
somebody else, so the whole bargain (deal) is unlawful. If the buyer finds a defect in the house and it
does not belong to somebody other than the seller, the buyer may return it and receive 20,000 Dirhams
(instead of 9999 Dirham plus one Dinar) which he actually paid.' Abu `Abdullah said, "So that man
allows (some people) the playing of tricks amongst the Muslims (although) the Prophet (ﷺ) said, 'In
dealing with Muslims one should not sell them sick (animals) or bad things or stolen things."
Abu Rafi` sold a house to Sa`d bin Malik for four-hundred Mithqal of gold, and said, "If I had not
heard the Prophet (ﷺ) saying, 'The neighbor has more right to be taken care of by his neighbor (than
anyone else),' then I would not have sold it to you."
The commencement of the Divine Inspiration to Allah's Messenger (ﷺ) was in the form of good righteous
(true) dreams in his sleep. He never had a dream but that it came true like bright day light. He used to
go in seclusion (the cave of) Hira where he used to worship(Allah Alone) continuously for many
(days) nights. He used to take with him the journey food for that (stay) and then come back to (his
wife) Khadija to take his food like-wise again for another period to stay, till suddenly the Truth
descended upon him while he was in the cave of Hira. The angel came to him in it and asked him to
read. The Prophet (ﷺ) replied, "I do not know how to read." (The Prophet (ﷺ) added), "The angel caught me
(forcefully) and pressed me so hard that I could not bear it anymore. He then released me and again
asked me to read, and I replied, "I do not know how to read," whereupon he caught me again and
pressed me a second time till I could not bear it anymore. He then released me and asked me again to
read, but again I replied, "I do not know how to read (or, what shall I read?)." Thereupon he caught
me for the third time and pressed me and then released me and said, "Read: In the Name of your Lord,
Who has created (all that exists). Has created man from a clot. Read and Your Lord is Most
Generous...up to..... ..that which he knew not." (96.15)
Then Allah's Messenger (ﷺ) returned with the Inspiration, his neck muscles twitching with terror till he
entered upon Khadija and said, "Cover me! Cover me!" They covered him till his fear was over and
then he said, "O Khadija, what is wrong with me?" Then he told her everything that had happened and
said, 'I fear that something may happen to me." Khadija said, 'Never! But have the glad tidings, for by
Allah, Allah will never disgrace you as you keep good reactions with your Kith and kin, speak the
truth, help the poor and the destitute, serve your guest generously and assist the deserving, calamityafflicted
ones." Khadija then accompanied him to (her cousin) Waraqa bin Naufal bin Asad bin
`Abdul `Uzza bin Qusai. Waraqa was the son of her paternal uncle, i.e., her father's brother, who
during the Pre-Islamic Period became a Christian and used to write the Arabic writing and used to
write of the Gospels in Arabic as much as Allah wished him to write. He was an old man and had lost
his eyesight. Khadija said to him, "O my cousin! Listen to the story of your nephew." Waraqa asked,
"O my nephew! What have you seen?" The Prophet (ﷺ) described whatever he had seen.
Waraqa said, "This is the same Namus (i.e., Gabriel, the Angel who keeps the secrets) whom Allah
had sent to Moses. I wish I were young and could live up to the time when your people would turn
you out." Allah's Messenger (ﷺ) asked, "Will they turn me out?" Waraqa replied in the affirmative and said:
"Never did a man come with something similar to what you have brought but was treated with
hostility. If I should remain alive till the day when you will be turned out then I would support you
strongly." But after a few days Waraqa died and the Divine Inspiration was also paused for a while
and the Prophet (ﷺ) became so sad as we have heard that he intended several times to throw himself from
the tops of high mountains and every time he went up the top of a mountain in order to throw himself
down, Gabriel would appear before him and say, "O Muhammad! You are indeed Allah's Messenger (ﷺ) in
truth" whereupon his heart would become quiet and he would calm down and would return home. And
whenever the period of the coming of the inspiration used to become long, he would do as before, but
when he used to reach the top of a mountain, Gabriel would appear before him and say to him what he
had said before. (Ibn `Abbas said regarding the meaning of: 'He it is that Cleaves the daybreak (from
the darkness)' (6.96) that Al-Asbah. means the light of the sun during the day and the light of the
moon at night).