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Mishkat al-Masabih

Book 11

274 hadiths

Page 4 / 14

Showing hadiths 6180

Hadith Number 2870enOfficial

He reported God’s Messenger as saying, “The proviso of a loan combined with a sale is not allowable, nor two conditions relating to one transaction, nor the profit arising from something which is not in one’s charge (An article belongs to the seller till the transaction is complete, and so long as it is still in his possession he is the one who gains any profit on it or bears any loss. The buyer cannot claim profit till he is in possession of the article nor selling what is not in your possession. Tirmidhi, Abu Dawud and Nasa’i transmitted it, Tirmidhi saying this is a sahih tradition.

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Hadith Number 2879enOfficial

Makhlad b. Khufaf said: I bought a slave and made him earn something for me, but afterwards I found a defect in him and so brought a case regarding him before ‘Umar b. ‘Abd al-‘Aziz, who decided in my favour that I should return him, but against me that I should return what he had earned. I therefore went to ‘Urwa and informed him, and he replied that he would go that evening to him and tell him he had been informed by ‘A'isha that God’s Messenger had given judgment in a similar case that any profit goes to the one who bears responsibility*. ‘Urwa went to him, and he gave judgment in my favour that I should receive the profit from the one for whom he had given the decision against me. * al-Kharaj bid daman. After a sale any profit which accrues belongs to the buyer. It is transmitted in Sharh as-sunna.

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Hadith Number 2880enOfficial

‘Abdallah b. Mas'ud reported God’s Messenger as saying, “When two people who are arranging a business transaction disagree the decision rests with the seller, but the buyer has the right to choose whether he will confirm this*.” Tirmidhi transmitted it. In the version of Ibn Majah and Darimi he said, “When two people who are arranging a business transaction disagree, the commodity being present and is neither being able to prove his case, the decision rests with the seller, or they may both reject the transaction.” * The seller swears an oath to the effect that he is right. The buyer may either agree or swear in an oath that he is right. In the latter instance the qadi cancels the deal.

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