Chapter 66: What A Slave May Give Away And Give In Charity - كتاب التجارات
It was narrated that 'Umair, the freed slave of Aabi Lahm, said:
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا حَفْصُ بْنُ غِيَاثٍ، عَنْ مُحَمَّدِ بْنِ زَيْدٍ، عَنْ عُمَيْرٍ، - مَوْلَى آبِي اللَّحْمِ - قَالَ كَانَ مَوْلاَىَ يُعْطِينِي الشَّىْءَ فَأُطْعِمُ مِنْهُ فَمَنَعَنِي - أَوْ قَالَ فَضَرَبَنِي - فَسَأَلْتُ النَّبِيَّ ـ صلى الله عليه وسلم ـ أَوْ سَأَلَهُ فَقُلْتُ لاَ أَنْتَهِي أَوْ لاَ أَدَعُهُ . فَقَالَ
" الأَجْرُ بَيْنَكُمَا " .
"My master used to give me food and I would feed others from it, then he stopped me," or he said: "He beat me. So I asked the Prophet,” -or- "he asked him and I said: 'I will not stop.' He said: 'Both of you will be rewarded."'
Chapter 67: One Who Passes By The Livestock (Of Some People) Or A Garden - Can He Take Something Fro - كتاب التجارات
It was narrated that Abu Bishr Ja'far bin Abu Jyas said:
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا شَبَابَةُ بْنُ سَوَّارٍ، ح وَحَدَّثَنَا مُحَمَّدُ بْنُ بَشَّارٍ، وَمُحَمَّدُ بْنُ الْوَلِيدِ، قَالاَ حَدَّثَنَا مُحَمَّدُ بْنُ جَعْفَرٍ، حَدَّثَنَا شُعْبَةُ، عَنْ أَبِي بِشْرٍ، جَعْفَرِ بْنِ إِيَاسٍ قَالَ سَمِعْتُ عَبَّادَ بْنَ شُرَحْبِيلَ، - رَجُلاً مِنْ بَنِي غُبَرَ - قَالَ أَصَابَنَا عَامُ مَخْمَصَةٍ فَأَتَيْتُ الْمَدِينَةَ فَأَتَيْتُ حَائِطًا مِنْ حِيطَانِهَا فَأَخَذْتُ سُنْبُلاً فَفَرَكْتُهُ وَأَكَلْتُهُ وَجَعَلْتُهُ فِي كِسَائِي فَجَاءَ صَاحِبُ الْحَائِطِ فَضَرَبَنِي وَأَخَذَ ثَوْبِي فَأَتَيْتُ النَّبِيَّ ـ صلى الله عليه وسلم ـ فَأَخْبَرْتُهُ فَقَالَ لِلرَّجُلِ
" مَا أَطْعَمْتَهُ إِذْ كَانَ جَائِعًا أَوْ سَاغِبًا وَلاَ عَلَّمْتَهُ إِذْ كَانَ جَاهِلاً " . فَأَمَرَهُ النَّبِيُّ ـ صلى الله عليه وسلم ـ فَرَدَّ إِلَيْهِ ثَوْبَهُ وَأَمَرَ لَهُ بِوَسْقٍ مِنْ طَعَامٍ أَوْ نِصْفِ وَسْقٍ .
“I heard 'Abbad bin Shurahbil, a man from Banu Ghubar, say: ‘We suffered a year of famine, and I came to Al-Madinah. I came to one of its gardens and took an ear of corn, I rubbed it, ate some and put the rest in my garment. The owner of the garden came and beat me and took my garment. I came to the Prophet (ﷺ) and told him (what had happened). He said to the man: "You did not feed him when he was hungry and you did not teach him when he was ignorant."' Then the Prophet (ﷺ) told him to give back his garment and ordered that a Wasq or half a Wasq of food be brought to him."
"When I was a boy, I used to throw stones at our date-palm trees"[1] - or he said: "the date-palm trees of the Ansar." I was brought to the Prophet (ﷺ) and he said: 'O boy' - (one of the narrators) Ibn Kasib said: He said: 'O my son - why are you throwing stones at the date-palm trees?' I said: 'So I can eat.' He said: 'Do not throw stones at the date-palm trees. Eat from what falls to the ground from them.' Then he patted me on the head and said: 'O Allah give him enough to eat.'”
"When you come to a shepherd, call him three times. If he answers (all well and good), otherwise drink (milk from the flock) without taking advantage. And when you come to a garden call the owner of the garden three times. If he answers (all well and good), otherwise eat (from the produce of the garden) without taking advantage."
"No one of you should milk from the livestock of another man without his permission. Would anyone of you like someone to break into his storeroom and take his food? The udders of their livestock store food for them, so none of you should milk the livestock of another man without his permission."
Chapter 68: The Prohibition Of Taking Something Without The Permission Of The Owner - كتاب التجارات
Abu Hurairah said:
حَدَّثَنَا إِسْمَاعِيلُ بْنُ بِشْرِ بْنِ مَنْصُورٍ، حَدَّثَنَا عُمَرُ بْنُ عَلِيٍّ، عَنْ حَجَّاجٍ، عَنْ سَلِيطِ بْنِ عَبْدِ اللَّهِ الطُّهَوِيِّ، عَنْ ذُهَيْلِ بْنِ عَوْفِ بْنِ شَمَّاخٍ الطُّهَوِيِّ، حَدَّثَنَا أَبُو هُرَيْرَةَ، قَالَ بَيْنَمَا نَحْنُ مَعَ رَسُولِ اللَّهِ ـ صلى الله عليه وسلم ـ فِي سَفَرٍ إِذْ رَأَيْنَا إِبِلاً مَصْرُورَةً بِعِضَاهِ الشَّجَرِ فَثُبْنَا إِلَيْهَا فَنَادَانَا رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ فَرَجَعْنَا إِلَيْهِ فَقَالَ " إِنَّ هَذِهِ الإِبِلَ لأَهْلِ بَيْتٍ مِنَ الْمُسْلِمِينَ هُوَ قُوتُهُمْ وَيُمْنُهُمْ بَعْدَ اللَّهِ أَيَسُرُّكُمْ لَوْ رَجَعْتُمْ إِلَى مَزَاوِدِكُمْ فَوَجَدْتُمْ مَا فِيهَا قَدْ ذُهِبَ بِهِ أَتُرَوْنَ ذَلِكَ عَدْلاً " . قَالُوا لاَ . قَالَ " فَإِنَّ هَذَا كَذَلِكَ " . قُلْنَا أَفَرَأَيْتَ إِنِ احْتَجْنَا إِلَى الطَّعَامِ وَالشَّرَابِ فَقَالَ " كُلْ وَلاَ تَحْمِلْ وَاشْرَبْ وَلاَ تَحْمِلْ " .
“While we were with the Messenger of Allah (ﷺ) on a journey, we saw some camels with their udders tied, among some thorny trees. We rushed towards it, but the Messenger of Allah (ﷺ) called us and we came back to him. He said: 'These camels belong to a family of Muslims, and this is their support (and blessing) after Allah. Would you be happy if you went back to your vessels and found that what was in them had been taken away? Do you think that is fair?' They said: 'No.' He said: 'This is like that.' We said: 'What do you think if we are in need of food and drink?' He said: 'Eat but do not carry any away: drink but do not carry any away."'
حَدَّثَنَا مُحَمَّدُ بْنُ إِسْمَاعِيلَ، حَدَّثَنَا عُثْمَانُ بْنُ عَبْدِ الرَّحْمَنِ، حَدَّثَنَا عَلِيُّ بْنُ عُرْوَةَ، عَنِ الْمَقْبُرِيِّ، عَنْ أَبِي هُرَيْرَةَ، رضى الله عنه قَالَ أَمَرَ رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ الأَغْنِيَاءَ بِاتِّخَاذِ الْغَنَمِ وَأَمَرَ الْفُقَرَاءَ بِاتِّخَاذِ الدَّجَاجِ وَقَالَ
" عِنْدَ اتِّخَاذِ الأَغْنِيَاءِ الدَّجَاجَ يَأْذَنُ اللَّهُ بِهَلاَكِ الْقُرَى " .
"The Messenger of Allah (ﷺ) commanded the rich to keep sheep, and he commanded the poor to keep chickens, and he said: 'When the rich keep chickens, then Allah will give permission for the town to be destroyed."'
“Whoever asks to be appointed a judge, will be entrusted to himself, but “Whoever asks to be appointed a judge, will be entrusted to himself, but whoever is forced to accept position, an angel will come down to him and guide him.' ”
“The Messenger of Allah (ﷺ) sent me to Yemen. I said: 'O Messenger of Allah, you are sending me to judge between them while I am a young man, and I do not know how to judge.' He struck me on the chest with his hand and said: 'O Allah, guide his heart and make his tongue steadfast.' And after that I never doubted in passing judgment between two people.”
“The Messenger of Allah (ﷺ) said: “There is no judge who judges between the people but on the Day of Resurrection an angel will come and take hold of the back of his head towards the sky and if it said: “Throw him, “he will throw into an abyss the depth of forty autumns (years).' ”
“When the judge passes a judgement and does his best and gets it right, he will have two rewards, and if he passes a judgement and does his best and gets it wrong, he will have one reward.” (Sahih)
Yazid (one of narrators) said : “So I Narrated it to Abu Bakr bin 'Amr bin Hazm. He said: 'This is how it was narrated to me by Abu Salamah from Abu Hurairah.'”
“Were it not for the Hadith of Ibn Buraidah from his father, from the Prophet (ﷺ) who said: 'Judges are of three types, two of whom will be in Hell and one will be in Paradise. The man who knows the truth and rules in accordance with it, will be in Paradise. The man who passes judgment on the people in ignorance will be in Hell' - we would have said that if the judge does his best he will be in Paradise.”
Chapter 4: The judge Should Not Pass A Judgment When He Is Angry - كتاب الأحكام
It was narrated from 'Abdul-Malik bin 'Umair that he heard 'Abdur-Rahman bin Abu Bakrah (narrate) from his father that the Messenger of Allah (ﷺ) said:
“You refer your disputes to me and I am only human. Perhaps some of you may be more eloquent in presenting your case than others, so I rule in your favor because of what I hear from you. If I pass a judgement in favor of one of you that detracts from his brother's rights, then he should not take it, because it is a piece of fire that is given to him which he will bring forth on the Day Resurrection.”
“I am only human, and some of you may be more eloquent in presenting your case than others. If I pass a judgement in his favor that detracts from his brother's rights, I am giving him a piece of fire.”
“If the people were given what they claimed, some would have claimed the lives and property of men. But the one the claim is made against is obliged to swear an oath.”