Mishkat al-Masabih

Abu Hurra ar-Raqashi on his paternal uncle’s authority reported God’s Messenger as saying, “You must not act oppressively, and a man’s property may not be taken except with his goodwill.” Baihaqi transmitted it in Shu'ab al-iman and Daraqutni in al-Mujtaba.

‘Imran b. Husain reported the Prophet as saying, “Having someone to urge on a horse from behind in a race, having a horse beside the one that is being ridden in a race to which the rider may transfer1, and giving a woman in marriage in return for another without dowry2 are not allowed in Islam, and he who plunders does not belong to us.” Tirmidhi transmitted it. 1. Ia jalaba wala janaba. One meaning of the phrase is that expressed in the translation, and is most likely to be the one intended here. Another meaning is that a collector of zakat must notdem and that animals be brought to him from a distance, and people must not remove their animals to a distance when they hear that the zakat collector is coming to them. Cf. p. 375. 2. Shighar.

As-Sa’ib b. Yazid on his father’s authority reported the Prophet as saying, “None of you must take his brother’s staff jestingly with the intention of causing annoyance. Anyone who takes his brother’s staff must return it to him.” Tirmidhi and Abu Dawud transmitted it, the latter’s version ending at “causing annoyance.”

Samura reported the Prophet as saying, “If anyone finds his actual property with someone he has most right to it, and the buyer must sue the one who made the sale.” Ahmad, Abu Dawud and Nasa’i transmitted it.

He reported the Prophet as saying, “The hand which takes is responsible till it pays.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

Haram b; Sa‘d b. Muhayyisa said that when a she-camel belonging to al-Bara’ b. ‘Azib entered a garden and did damage, God’s Messenger gave decision that the owners of gardens are responsible for guarding them by day, but that any damage done by animals during the night is a responsibility lying on their owners. Malik, Abu Dawud and Ibn Majah transmitted it.

Abu Huraira reported the Prophet as saying that no recompense may be demanded if a foot is trodden on*, and that the same applies in the case of fire. Abu Dawud transmitted it. * Or it may mean that no recompense may be demanded if one is kicked by an animal.

Al-Hasan on Samura’s authority reported the Prophet as saying, “When any of you comes upon animals whose owner is among them he must ask his permission; if not he must call three times and if anyone answers him he must ask his permission; but if no one answers him he may draw some milk and drink, but not carry any away.” Abu Dawud transmitted it.

Ibn ‘Umar reported the Prophet as saying, “If anyone enters a garden he may eat, but he must not take anything away in his clothing.” Tirmidhi and Ibn Majah transmitted it, Tirmidhi saying this is a gharib tradition.

Umayya b. Safwan quoted his father as saying that at the battle of Hunain the Prophet borrowed his coats of mail and he asked, “Are you taking them by force, Muhammad ?” to which he replied, “No, it is a loan with a guarantee of their return.'’ Abu Dawud transmitted it.

Abu Umama told of hearing God's Messenger say, “A loan must be paid back, a minha* must be returned, a debt must be discharged, and one who stands surety is held responsible.” Tirmidhi and Abu Dawud transmitted it. *This may be a she camel lent for a time for milking, but it can be used of other things which are lent for some specific purpose.

When I was a boy I used to throw stones at the palm-trees belonging to the Ansar and was brought to the Prophet. He asked, “Why do you throw stones at the palm-trees, boy?” and when I replied that it was to get something to eat he said, “Do not' throw stones, but you may eat anything that falls below them.” Then passing his hand over my head he said, “O God, fill his belly.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

Salim reported on his father's authority that God’s Messenger said, "If anyone takes any land without having a right he will be swallowed up seven earths deep on the day of resurrection.” Bukhari transmitted it.

Ya'la b. Murra told of hearing God’s Messenger say, “If anyone seizes land to which he has no right he will be made to carry its earth at the resurrection.” Ahmad transmitted it.

He told of hearing God’s Messenger say, “If anyone wrongly takes a span of land God who is great and glorious will make him dig it till he gets to the end of seven earths, and then he will have it tied round his neck till the day of resurrection until men are judged.” Ahmad transmitted it.

Jabir said the Prophet decreed the right to buy neighbouring property applicable to everything which is not divided, but when boundaries were fixed and separate roads made there was no option. Bukhari transmitted it.

He said that God’s Messenger decreed the right of option regarding everything which is shared, whether a dwelling or a garden, when it had not been divided. It is not lawful to sell before informing one’s partner who may take it or let it go as he wishes ; but if he sells without informing him, he has the greatest right to it. Muslim transmitted it.

Abu Rafi ‘reported God’s Messenger as saying, “The neighbour has the best claim by reason of his being near.” Bukhari transmitted it.

Abu Huraira reported God’s Messenger as saying, “One must not prevent his neighbour from fixing a beam in his wall.” (Bukhari and Muslim.)

He reported God’s Messenger as saying, “When you disagree about a road its breadth should be made seven cubits.” Muslim transmitted it.