"Whoever buys a date-palm tree after it has been pollinated, its fruits belong to the seller, unless the purchaser has stipulated otherwise. And whoever buys a slave who has wealth, his wealth belongs to the seller, unless the purchaser has stipulated otherwise. "(sahih)
"I was with the Prophet on a journey, and my camel got tired. I thought I wanted to let it go, but the Messenger of "Allah met me and prayed for it (the camel) and hit it. Then it started to run like never before. He said: 'Sell it to me for one Uwqyah.' I said" 'No.' He said: 'Sell it to me.' So I sold it to him for one Uwqiyah but stipulated an exception, to ride it until we reached al-Madinah. When we reached Al-Medina, I brought the camel to him and asked him for its price, then I went back. He sent word to me saying; 'Do you think I bargained with you to take your camel?' Take your camel and your Dirhams.
"I went on a campaign with the Messenger of Allah riding a camel of ours," then he quoted the whole Hadih. Then he said words to the effect that: "The camel got tried and the Prophet hit it, so it became energetic and came to the front of the army. The Prophet said: 'O Jabir, I see that your camel has become energetic.' I said: "It is because of your blessing, O Messenger of Allah,' He said: 'Sell it to me, and you can ride it till we arrive (in Al-Madinah). 'So I sold it to him. I was in great need of it myself but I felt too shy to refuse. When we finished our campaign, and we were close to Al-Madinah, I asked his permission to go on ahead. I said: 'O Messenger of Allah, I am newly married.' He said; 'Have you married a virgin or a previously married woman?' I said: 'A previously married woman, O Messenger of Allah. 'Abdullah bin 'Arm died and left behind young druthers, and I did not like to bring to them someone who was like them, so I married a previously married woman who could teach the, and rise them with good manners.' So he gave me permission, and said to me; 'Go to When I arrived, I told my maternal uncle that I had sold the camel and he scolded me. When the Messenger of Allah came, I brought the camel to him, and he gave me the price of the camel, and the camel, and share (of the spoils of war) with the rest of the people.
"I was with the Messenger of Allah on a journey, and I was riding a camel. He said: 'Why are you at the back of the people?, I said: 'My camel is tired, He took hold of its tail and shouted at it, then I was at the front of the people, worrying that it would go ahead of the others. When we drew close to al-Madinah he said: 'What happened to the camel? Sell it to me.' I said, No, it is yours O Messenger of Allah.; He said, 'No, sell it tome. I said, 'No, it is yours, O Messenger of Allah.' He said: 'No, sell it to me. I will take it for one Uwqiyah but you (continue to) ride it. Then when you reach Al-Madinah, bring it to us.' So when I reached Al-Madinah, I brought it him. He said to Bilal: 'O Bilal, weight out for him one Uwqiyyah and add a Qirat.' I said: 'This is something extra that the Messenger of Allah gave to.' I kept it with me and put it in a bag, and it stayed with me until the people of Ash-Sham came on the Day of Al-Harrah and took from us what they took.'
"The Messenger of Allah caught up with me when I was riding a bad camel of ours, and I said: 'We have a bad camel, mare's the pit! The Prophet said: Will you sell it to me, O Jabir?' I Said, 'No, It is yours, O Messenger of Allah.; He said: 'O Allah forgive him; O Allah, have mercy on him. I will buy it for such and such, and I will lend it to you to ride until (we reach) al-Madinah.' When Reached al-Madinah, I prepared it, and brought it to him, and he said: O Bilal, give him its price,' When I turned to leave, he called me back, and I was afraid that he would give it back at he said: 'It is yours.
"We were traveling with the Messenger of Allah and I was riding a camel. The Messenger of Allah said to me: 'Will you sell it to me for such and such, may Allah forgive you?', I said, I said, 'Yes, it is yours, O Prophet of Allah.' He said: 'Will you sell it to me for such and such, may Allah forgive your?' I said: 'Yes, it is yours, O Prophet of "Allah.' He said: 'Will you sell it to me for such and such, may Allah forgives you?' I said: 'Yes, it is yours. '''(One of the narrators) Abu Nadrah said: "This became a phrase that was used by the Muslims: 'Do such and such, may Allah forgive you.
Chapter 78: If there Is an invalid condition in a transaction, the transaction Is valid but that condition is invalid - كتاب البيوع
It was narrated that 'Aishah said:
أَخْبَرَنَا قُتَيْبَةُ بْنُ سَعِيدٍ، قَالَ حَدَّثَنَا جَرِيرٌ، عَنْ مَنْصُورٍ، عَنْ إِبْرَاهِيمَ، عَنِ الأَسْوَدِ، عَنْ عَائِشَةَ، قَالَتِ اشْتَرَيْتُ بَرِيرَةَ فَاشْتَرَطَ أَهْلُهَا وَلاَءَهَا فَذَكَرْتُ ذَلِكَ لِلنَّبِيِّ صلى الله عليه وسلم فَقَالَ
" أَعْتِقِيهَا فَإِنَّ الْوَلاَءَ لِمَنْ أَعْطَى الْوَرِقَ " . قَالَتْ فَأَعْتَقْتُهَا - قَالَتْ - فَدَعَاهَا رَسُولُ اللَّهِ صلى الله عليه وسلم فَخَيَّرَهَا مِنْ زَوْجِهَا فَاخْتَارَتْ نَفْسَهَا وَكَانَ زَوْجُهَا حُرًّا .
"I bought Barirah and her masters stipulated that her loyalty (Wala) should be to them, I mentioned that to the Prophet and he said: 'Set her free, and loyalty belongs to the one who pays the silver.''' She said: "so I set her free. The Messenger of Allah called her and gave her the choice regarding her husband, and she chose herself. Her husband was a free man."
Chapter 78: If there Is an invalid condition in a transaction, the transaction Is valid but that condition is invalid - كتاب البيوع
It was narrated from Aishah that:
أَخْبَرَنَا مُحَمَّدُ بْنُ بَشَّارٍ، قَالَ حَدَّثَنَا مُحَمَّدٌ، قَالَ حَدَّثَنَا شُعْبَةُ، قَالَ سَمِعْتُ عَبْدَ الرَّحْمَنِ بْنَ الْقَاسِمِ، قَالَ سَمِعْتُ الْقَاسِمَ، يُحَدِّثُ عَنْ عَائِشَةَ، أَنَّهَا أَرَادَتْ أَنْ تَشْتَرِيَ، بَرِيرَةَ لِلْعِتْقِ وَأَنَّهُمُ اشْتَرَطُوا وَلاَءَهَا فَذَكَرَتْ ذَلِكَ لِرَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " اشْتَرِيهَا فَأَعْتِقِيهَا فَإِنَّ الْوَلاَءَ لِمَنْ أَعْتَقَ " . وَأُتِيَ رَسُولُ اللَّهِ صلى الله عليه وسلم بِلَحْمٍ فَقِيلَ هَذَا تُصُدِّقَ بِهِ عَلَى بَرِيرَةَ فَقَالَ " هُوَ لَهَا صَدَقَةٌ وَلَنَا هَدِيَّةٌ " . وَخُيِّرَتْ .
she wanted to buy Barirah to set her free, but they stipulated that her loyalty (should be to them. She mentioned that to the Messenger of Allah and the Messenger of Allah said: "Buy her, and wet her free and loyalty (Wala) belongs to the one who sets the slave free." Some meat was brought to the Messenger of and it was said that this had been given in charity to Bariirah. He said: "It is charity for her, and a gift for us." And she was given the choice
"We will sell her to you on condition that her loyalty (Walla) is to us," She mentioned that top the Messenger of Allah and he said: "That should not stop you. Loyalty belongs to the one who sets the slave free."
"The Messenger of Allah forbade selling something from the spoils of war prior to its distribution, having intercourse with a pregnant woman until she gives birth, and (eating) the flesh of any predator that has fangs.
"The Messenger of Allah said: 'Pre-emption is to be given in everything that is shared, whether it is a house or a garden. It is not right to sell it before informing one's partner, and if he sells it he (the partner) has more right to it, unless he gives Permission to sell it to someone else.
Chapter 81: It Is Not Essential To Call Witnesses When Buying Or Selling - كتاب البيوع
It was narrated from 'Umarah bin Khuzaimah that his paternal uncle, who was one of the companions of the Prophet told him, that:
أَخْبَرَنَا الْهَيْثَمُ بْنُ مَرْوَانَ بْنِ الْهَيْثَمِ بْنِ عِمْرَانَ، قَالَ حَدَّثَنَا مُحَمَّدُ بْنُ بَكَّارٍ، قَالَ حَدَّثَنَا يَحْيَى، - وَهُوَ ابْنُ حَمْزَةَ - عَنِ الزُّبَيْدِيِّ، أَنَّ الزُّهْرِيَّ، أَخْبَرَهُ عَنْ عُمَارَةَ بْنِ خُزَيْمَةَ، أَنَّ عَمَّهُ، حَدَّثَهُ - وَهُوَ، مِنْ أَصْحَابِ النَّبِيِّ صلى الله عليه وسلم - أَنَّ النَّبِيَّ صلى الله عليه وسلم ابْتَاعَ فَرَسًا مِنْ أَعْرَابِيٍّ وَاسْتَتْبَعَهُ لِيَقْبِضَ ثَمَنَ فَرَسِهِ فَأَسْرَعَ النَّبِيُّ صلى الله عليه وسلم وَأَبْطَأَ الأَعْرَابِيُّ وَطَفِقَ الرِّجَالُ يَتَعَرَّضُونَ لِلأَعْرَابِيِّ فَيَسُومُونَهُ بِالْفَرَسِ وَهُمْ لاَ يَشْعُرُونَ أَنَّ النَّبِيَّ صلى الله عليه وسلم ابْتَاعَهُ حَتَّى زَادَ بَعْضُهُمْ فِي السَّوْمِ عَلَى مَا ابْتَاعَهُ بِهِ مِنْهُ فَنَادَى الأَعْرَابِيُّ النَّبِيَّ صلى الله عليه وسلم فَقَالَ إِنْ كُنْتَ مُبْتَاعًا هَذَا الْفَرَسَ وَإِلاَّ بِعْتُهُ . فَقَامَ النَّبِيُّ صلى الله عليه وسلم حِينَ سَمِعَ نِدَاءَهُ فَقَالَ " أَلَيْسَ قَدِ ابْتَعْتُهُ مِنْكَ " . قَالَ لاَ وَاللَّهِ مَا بِعْتُكَهُ . فَقَالَ النَّبِيُّ صلى الله عليه وسلم " قَدِ ابْتَعْتُهُ مِنْكَ " . فَطَفِقَ النَّاسُ يَلُوذُونَ بِالنَّبِيِّ صلى الله عليه وسلم وَبِالأَعْرَابِيِّ وَهُمَا يَتَرَاجَعَانِ وَطَفِقَ الأَعْرَابِيُّ يَقُولُ هَلُمَّ شَاهِدًا يَشْهَدُ أَنِّي قَدْ بِعْتُكَهُ . قَالَ خُزَيْمَةُ بْنُ ثَابِتٍ أَنَا أَشْهَدُ أَنَّكَ قَدْ بِعْتَهُ . قَالَ فَأَقْبَلَ النَّبِيُّ صلى الله عليه وسلم عَلَى خُزَيْمَةَ فَقَالَ " لِمَ تَشْهَدُ " . قَالَ بِتَصْدِيقِكَ يَا رَسُولَ اللَّهِ . قَالَ فَجَعَلَ رَسُولُ اللَّهِ صلى الله عليه وسلم شَهَادَةَ خُزَيْمَةَ شَهَادَةَ رَجُلَيْنِ .
the Prophet bought a horse from a Bedouin and asked him to follow him, so that he could pay him for the horse. The Prophet hastened but the Bedouin was slow. Men started to talk to the Bedouin and make offers for the horse, and they did not realize that the Prophet had bought it, until some of them offered more than the Prophet had bought it for. Then the Bedouin called out to the Prophet and said; "Are you going to buy this horse or shall I sell it?" The Prophet stood up when he heard him calling and said: "Have I not bought it from you?" He said: 'No, by Allah, I have not sold it to you, and the Prophet said "I bought it from you." The people started to gaiter around the Prophet and the Bedouion as they were talking, and the Bedouin started to say: "Bring a witness who will testify that you bought it. " Khuzaimah bin habit said: "I bear witness that you bought it" The Prophet turned to Khunzimah and said: "Why are you bearing witness?" He said: "Because I know that you are truthful, O Messenger of Allah" made the testimony of Khuzaimah equivalent to the testimony of two men. (sahih)
"I heard the Messenger of Allah say: 'If the two parties to a transaction disagree, and neither of them has any proof, then it is as the owner of the goods says, or they may cancel it.'''
"We were with Abu 'Ubaidah bin 'Abdullah bin Mas'ud when two men who were involved in a transaction came to him. One of them said: 'I bought it for such and such', and the other said; 'I sold it to him for such and such,' Abu 'Ubaidah said" 'something like this was brought to Ibn Masud, and he said; I was with something like this was brought to him. He told the seller to swear an oath, them he gave the purchaser the choice; If he wished, he could buy it, and if he wished he could cancel (the transaction)''
أَخْبَرَنَا قُتَيْبَةُ، قَالَ حَدَّثَنَا اللَّيْثُ، عَنْ أَبِي الزُّبَيْرِ، عَنْ جَابِرٍ، قَالَ أَعْتَقَ رَجُلٌ مِنْ بَنِي عُذْرَةَ عَبْدًا لَهُ عَنْ دُبُرٍ، فَبَلَغَ ذَلِكَ رَسُولَ اللَّهِ صلى الله عليه وسلم فَقَالَ " أَلَكَ مَالٌ غَيْرُهُ " . قَالَ لاَ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " مَنْ يَشْتَرِيهِ مِنِّي " . فَاشْتَرَاهُ نُعَيْمُ بْنُ عَبْدِ اللَّهِ الْعَدَوِيُّ بِثَمَانِمِائَةِ دِرْهَمٍ فَجَاءَ بِهَا رَسُولَ اللَّهِ صلى الله عليه وسلم فَدَفَعَهَا إِلَيْهِ ثُمَّ قَالَ " ابْدَأْ بِنَفْسِكَ فَتَصَدَّقْ عَلَيْهَا فَإِنْ فَضَلَ شَىْءٌ فَلأَهْلِكَ فَإِنْ فَضَلَ مِنْ أَهْلِكَ شَىْءٌ فَلِذِي قَرَابَتِكَ فَإِنْ فَضَلَ مِنْ ذِي قَرَابَتِكَ شَىْءٌ فَهَكَذَا وَهَكَذَا وَهَكَذَا " . يَقُولُ بَيْنَ يَدَيْكَ وَعَنْ يَمِينِكَ وَعَنْ شِمَالِكَ .
"A man from Banu 'Adhrah stated that a slave of his was to be set free after he died. News of that reached the Messenger of Allah and he said: 'Do you have any other property basides him/' He said? 'No.' the Messenger of Allah said; 'Who will buy him from me?' Nu'aim bin 'Abdullah Al-Adawi bought him for eight hundred Dirhams, which the Messenger of Allah brought and gave to him (the former owner). Then the Messenger of Allah said: 'Start with yourself and give charity to (yourself). If there is anything left over, then give it to your family; if there is anything left over from your family, then give it to your relatives; if there is anything left over from your relatives, then give it to such and such,' saying 'In front of you, to your right and to your left.
a man from among the Ansar who was called Abu (Madhkur) stated that a slave of his who was called Ya'qub was to be set free after he died, and he did not own any other property apart from him. The Messenger of Allah called for him (the slave) to be brought and he said: "Who will buy him?" Nu'aim bin 'Abdullah bought him for eight hundred dirhams, and he gave it to him and said: "If one of you is poor, let him start with himself; if there is anything left over, (let him give it) to his dependents; if there is anything left over, (let him give it) to his relatives; and if there is anything left over, (let him give it) here and there."
It was narrated from'Aishah that Barirah came to 'Aishah asking her to help her with her contract of manumission.' Aishah said:
أَخْبَرَنَا قُتَيْبَةُ بْنُ سَعِيدٍ، قَالَ حَدَّثَنَا اللَّيْثُ، عَنِ ابْنِ شِهَابٍ، عَنْ عُرْوَةَ، عَنْ عَائِشَةَ، أَخْبَرَتْهُ أَنَّ بَرِيرَةَ جَاءَتْ عَائِشَةَ تَسْتَعِينُهَا فِي كِتَابَتِهَا شَيْئًا فَقَالَتْ لَهَا عَائِشَةُ ارْجِعِي إِلَى أَهْلِكِ فَإِنْ أَحَبُّوا أَنْ أَقْضِيَ عَنْكِ كِتَابَتَكِ وَيَكُونَ وَلاَؤُكِ لِي فَعَلْتُ فَذَكَرَتْ ذَلِكَ بَرِيرَةُ لأَهْلِهَا فَأَبَوْا وَقَالُوا إِنْ شَاءَتْ أَنْ تَحْتَسِبَ عَلَيْكِ فَلْتَفْعَلْ وَيَكُونَ لَنَا وَلاَؤُكِ . فَذَكَرَتْ ذَلِكَ لِرَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ لَهَا رَسُولُ اللَّهِ صلى الله عليه وسلم " ابْتَاعِي وَأَعْتِقِي فَإِنَّ الْوَلاَءَ لِمَنْ أَعْتَقَ " . ثُمَّ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " مَا بَالُ أَقْوَامٍ يَشْتَرِطُونَ شُرُوطًا لَيْسَتْ فِي كِتَابِ اللَّهِ فَمَنِ اشْتَرَطَ شَيْئًا لَيْسَ فِي كِتَابِ اللَّهِ فَلَيْسَ لَهُ وَإِنِ اشْتَرَطَ مِائَةَ شَرْطٍ وَشَرْطُ اللَّهِ أَحَقُّ وَأَوْثَقُ " .
"Go back to your masters, and if they agree to let me pay off your contract of manumission, and let your loyalty be to me, then I will do it" Barirah told her masters about that, but they refused and said: "If she wants to seek reward (with Allah) by freeing you, let her do so, but your loyalty will be to us." She told the Messenger of Allah about that , and the Messenger of Allah said to her; "Buy her and set her free, and loyalty belongs to the one who set the slave free," Then the Messenger of Allah said: "What is the matter with people who stipulate conditions that are not in the Book of Allah? Whoever stipulates something that is not in the Book of Allah, it is not valid even if he stipulates one hundred conditions? The condition of Allah is more deserving of being followed and is more hinting."
"Barirah came to me and said: 'O 'Sishah, I have drawn up a contract of manumission with my master, (to buy my freedom) in return for nine Uwqiyah, one Uwqiyah to be paid each year; help me,' she had not yet paid anything toward her contract of manumission.' 'Aishah, who liked her and wanted to help her, said: 'Go back to your masters and if they agree to let me pay the whole sum and that your loyalty will be to me, I will do it.' So Barirah went to her masters and suggested that to them, but they refused and said: 'if she wants to seek reward (with Allah) by freeing you, let her do so, but (you loyalty) will be to us, 'Aishah told the Messenger of Allah about that and he said: 'Do not let that stop you. Buy her and set her free, and loyalty belongs to the one who sets the slave free.; so she did that, then the Messenger of Allah stood up before the people, praised and glorified Allah, then said: 'What is the matter with people who stipulate conditions that are not in the Book of Allah? Whoever stipulates conditions that are not in even if there are a hundred conditions? The decree of Allah takes priority, and the conditions of Allah binding. And loyalty belongs to the one who sets the slaves free.'