Mishkat al-Masabih

Sa'id b. Huraith told of hearing God’s Messenger say, “If any of you sells a house or real estate it is right that he should not have a blessing unless he spends what he gets on something similar.” Ibn Majah and Darimi transmitted it.

Jabir reported God’s Messenger as saying, “The neighbour is most entitled to the right of option and its exercise should be waited for even if he is absent, when the two properties have one road.” Ahmad, Tirmidhi, Abu Dawud, Ibn Majah and Darimi transmitted it.

Ibn ‘Abbas reported the Prophet as saying, "The partner has first right to buy neighbouring property and the option to buy applies to everything.” Tirmidhi transmitted it, saying it has been transmitted on the authority of Ibn Abu Mulaika who quoted the Prophet in mursal form, and it is sounder.

‘Abdallah b. Hubaish reported God's Messenger as saying, ‘‘If anyone cuts down a lote tree, God will lower his head in hell.” Abu Dawud transmitted it, saying this is an abbreviated tradition meaning that if anyone wrongfully, unjustly and with no benefit to him from it cuts down in a desert a lote tree under which travellers and animals seek shade, God will lower his head in hell.

‘Uthman b. ‘Affan said that when boundaries have been set up in land there is no option to buy neighbouring property, and that the option does not apply to a well or to male palm-trees. Malik transmitted it.

‘ Abdallah b. Umar said that God’s Messenger handed over to the Jews of Khaibar the palm-trees and the land of Khaibar on condition that they should employ what belonged to them in working on them and that he should have half the produce. Muslim transmitted it. In Bukhari's version, it says that God’s Messenger gave Khaibar to the Jews to work and cultivate, in return for which they would get half of what it produced.

We used to employ people to till land for a share of its produce* and see no harm in it till Rafi' b. Khadij asserted that the Prophet forbade it, so we abandoned it on that account. Muslim transmitted it. * Mukhabir. From this comes the verbal noun mukhabara. See p. 607.

Hanzala b. Qais quoted Rafi‘ b. Khadij to the effect that his two paternal uncles told him they used to let out land in the time of the Prophet for what grew by the streamlets, or for something the owner of the land set aside, but the Prophet forbade them to do that. He asked Rafi’ how the matter would stand if payment were made in dirhams and dinars and he replied that there would be no harm in that. It seemed that what was prohibited was such as people versed in what is allowed and what is prohibited would not permit if they looked into it, because of the risk involved*. * The objection to such an agreement is that one cannot guarantee beforehand what a particular piece of land will produce. (Bukhari and Muslim.)

We had most agricultural land in Medina, and a man would let out his land on condition that he should have what was produced in one portion and the man to whom it was let out should have what was produced in another; but sometimes one portion produced a crop while the other did not, so the Prophet forbade them to do that. (Bukhari and Muslim.)

‘Amr said that he expressed a wish to Ta’us that he would abandon the practice of employing people on land in return for part of the pro-duce, for people asserted that the Prophet had forbidden it. He replied to ‘Amr that he was just giving them something and helping them, adding that the most learned of the people, meaning Ibn ‘Abbas, had informed him that the Prophet did not forbid it, but said, “It is better for one of you to lend to his brother than to take a prescribed sum from him." (Bukhari and Muslim.)

Jabir reported God’s Messenger as saying, “If anyone has land he should cultivate it, or lend it to his brother; but if he refuses he should retain his land.” (Bukhari and Muslim.)

Abu Umama on seeing a ploughshare and some agricultural instruments told that he had heard the Prophet say, “This will not enter any people’s house without God causing ignominy to enter it*.” Bukhari transmitted it. *This tradition says that agriculture is a less noble occupation than jihad.

Rafi‘ b. Khadij reported the Prophet as saying, “If anyone sows in other people’s land without their permission he has no right to any of the crop, but he may have what it cost him.” Tirmidhi and Abu Dawud transmitted it, Tirmidhi saying this is a gharib tradition.

Qais b. Muslim told that Abu Ja'far said there was not a family of the Emigrants who did not cultivate ground for a third and a quarter of the produce, and ‘Ali, Sa‘d b. Malik, ‘Abdallah b. Mas'ud, ‘Umar b. ‘Abd al-Aziz, al-Qasim, ‘Urwa, the family of Abu Bakr, the family of ‘Umar, the family of ‘Ali, and Ibn Sirin made contracts for part of the produce in return for working land. ‘Abd ar-Rahman b. al- Aswad said that he partnered 'Abd ar-Rahman b. Yazid in cultivation, and ‘Umar employed people on condition that if he provided the seed he should have half the crop, and if they provided the seed they should have such and such. Bukhari transmitted it.

‘Abdallah b. Mughaffal told that Thabit b. ad-Dahhak asserted that God’s Messenger forbade employing people on land for a share of the produce and ordered that they should be employed for a wage, saying there was no harm in it. Muslim transmitted it.

Ibn ‘Abbas said the Prophet had himself cupped and gave the cupper his pay; and he poured medicine into his nose. (Bukhari and Muslim.)

Abu Huraira reported the Prophet as saying, “God has not sent a prophet who did not work as a shepherd.” His companions asked whether this was also true of him and he replied, “Yes, I used to be a shepherd for the people of Mecca for a payment of some qirats.” Bukhari transmitted it.

a man who gave a promise in my name then acted faithlessly; a man who sold a free man and enjoyed the price he received for him; and a man who hired a servant and, after receiving full service from him, did not give him his wages.” Bukhari transmitted it.

Ibn 'Abbas said some of the Prophet's companions passed a watering-place where there was one who had been stung by a scorpion or bitten by a snake. One of the inhabitants of the watering-place accosted them and asked whether anyone among them could apply a charm, for at the watering-place there was a man who had been stung by a scorpion or bitten by a snake. One of them went and recited Fatihat al-Kitab in return for some sheep, and he was cured; but when he brought the sheep to his companions they disapproved of that saying, “You have taken payment for God’s Book.” When they came to Medina and told God’s Messenger that he had taken payment for God's Book, he replied, “The most worthy thing for which you have taken payment is God’s Book." Bukhari transmitted it. In a version he said, “You have done right. Divide them and give me a share along with you."

We came to a clan of the Arabs after leaving God's Messenger and they said, “We have been told that you have brought what is good from this man. Have you any medicine, or a charm, for we have a lunatic in chains?" When we replied that we had, they brought a lunatic in chains and I recited Fatihat al-Kitab over him three days morning and evening, collecting my saliva and then spitting it out, and he seemed as if he were set free from a bond. They gave me some payment, but I refused to accept it till I had asked the Prophet. When I did so he said, “Accept it*, for by my life, some accept it for a worthless charm, but you have done so for a genuine one." Ahmad and Abu Dawud transmitted it. * Literally "eat”.