Property Rights and other Legal Limitations in Hadíth



* Malik related to me from Nafi from Abdullah Ibn Umar that the Messenger of God, (PBUH), said, “It is the duty of a Muslim man who has something to be given as a bequest not to spend two nights without writing a will about it.”

* Malik said, “the generally agreed-on way of doing things in our community is that when the testator writes something in health or illness as a bequest, and it has freeing slaves or things other than that in it, he can alter it in any way he chooses, until he is on his deathbed. If he prefers to abandon a bequest or change it, he can do so unless he has made a slave mudabbar (to be freed after his death). If he has made him mudabbar, there is no way to change what he has made mudabbar. He is allowed to change his testament because the Messenger of God, (PBUH), said, "It is the duty of a Muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

* Malik explained, "Had the testator not been able to change his will nor what was mentioned in it about freeing slaves, each testator might withhold making bequests from his property, whether in freeing slaves or other than it. A man gives a bequest in his health and in his traveling." (i.e. he does not wait until his death bed ) .

* Malik summed up, "The way of doing things in our community about which there is no dispute is that he can change whatever he likes of that except for the mudabbar." [Muwatta’: Book 37, Number 37.1.1]
* Malik related to me from Abdullah Ibn Abi Bakr Ibn Hazm that Amr Ibn Sulaym al-Zuraqi informed his father that it had been said to Umar Ibn al-Khattab, "There is here an adolescent boy who has not yet reached puberty. He is from the Ghassan tribe and his heir is in ash-Sham. He has property. Here he only has the daughter of one of his paternal uncles." Umar Ibn al-Khattab instructed, "Let him leave her a bequest." He willed her a property called the well of Jusham.

* Malik added, "That property was sold for 30,000 dirhams, and the daughter of the paternal uncle to whom he willed it was the mother of Amr Ibn Sulaym al-Zuraqi." [Muwatta’: Book 37, Number 37.2.2]
* Malik related to me from Yahya Ibn Said from Abu Bakr Ibn Hazm that a boy from Ghassan was dying in Madinah while his heir was in Syria. That was mentioned to Umar Ibn al-Khattab. It was said to him, "So-and-so is dying. Shall he make a bequest?" He said, "Let him make a bequest." Yahya Ibn Said said that Abu Bakr had said, "He was a boy of ten or twelve years." Yahya said, "He willed the well of Jusham, and his people sold it for 30,000 dirhams." Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that a simpleton, an idiot, or a lunatic who recovers at times, can make wills if they have enough of their wits about them to recognize what they will. Someone who has not enough wits to recognize what he wills, and is overcome in his intellect, cannot make a bequest." [Muwatta’: Book 37, Number 37.2.3]

* Malik related to me from Ibn Shihab from Amir Ibn Sad Ibn Abi Waqqas that his father said, "The Messenger of God, (PBUH), came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said, 'Messenger of God, you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as sadaqah?' The Messenger of God, (PBUH), said, 'No.' I said, 'Half?' He said, 'No.' Then the Messenger of God, (PBUH), said, and ‘A third and a third is a lot. Leaving your heirs rich is better than leaving them poor to beg from people. You never spend anything on maintenance desiring the Face of God by it, but that you are rewarded for it, even what you appoint for your wife.' Sad said, 'Messenger of God, will I be left here in Mecca after my companions have departed for Madinah?' The Messenger of God, (PBUH), said, 'If you are left behind, and do sound deeds you will increase your degree and elevation by them. Perhaps you will be left behind so that some people may benefit by you and others may be harmed by you. O God! Complete their hijrah for my companions, and do not turn them back on their heels. The unfortunate one is Said Ibn Khawla.' The Messenger of God, (PBUH), was distressed on his account for he had died at Mecca." Yahya said that he heard Malik speak about a man who willed a third of his property to a man and said as well, "My slave will serve so-and-so (another man) for as long as he lives, then he is free," then that was looked into, and the slave was found to be a third of the property of the deceased. Malik said, "The service of the slave is evaluated. Then the two of them divide it between them. The one who was willed a third takes his third, as a share, and the one who was willed the service of the slave takes what was evaluated for him of the slave's service. Each of them takes, from the service of the slave or from his wage if he has a wage, according to his share. If the one who was given the service of the slave for as long as he lived dies, then the slave is freed." Yahya said that he heard Malik speak about someone who willed his third and said "So-and-so has such-and-such, and so-and-so has such-and-such," naming some of his property, and his heirs protested that it was more than a third." Malik said, "The heirs then have an option between giving the beneficiaries their full bequests and taking the rest of the property of the deceased, or between dividing among the beneficiaries the third of the property of the deceased and surrendering to them their third. If they wish, their rights in it reach as far as they reach." [Muwatta’: Book 37, Number 37.3.4]

* Yahya said that he heard Malik say, "The best of what I have heard about the testament of a pregnant woman and about what settlements she is permitted in her property is that the pregnant woman is like the sick person. When the illness is light, and one does not fear for the sick person, he does with his property what he likes. If the illness is such that his life is feared for, he can only dispose of a third of his estate." He said, "It is the same with a woman who is pregnant. The beginning of pregnancy is good news and joy. It is not illness and no fear because God the Blessed, the Exalted, said in His Book, 'We gave her good news of Ishaq and after Ishaq, Yaqub.' [2:71]. He said, 'She bore a light burden and passed by with it, but when she became heavy, they called upon God, their Lord, "If you give us a good-doing son, we will be among the thankful." [7:189]. "When a pregnant woman becomes heavy, she is only permitted to dispose of a third of her estate. The beginning of this restriction is after six months. God, the Blessed, the Exalted, said in His Book, 'Mothers suckle their children for two complete years.' And He said, 'his bearing and weaning are thirty months.' [2:233]. "When six months have passed for the pregnant woman from the day she conceived, she is only permitted to dispose of a third of her property." Yahya said that he heard Malik say, "A man who is advancing in the row for battle, can only dispose of a third of his property. He is in the same position as a pregnant woman or an ill person who is feared for, as long as he is in that situation." [Muwatta’: Book 37, Number 37.4.4a]

* On the authority of Ubaydah Ibn al-Samit: I taught some persons of the people of Suffah writing and the Qur'an. A man of them presented to me a bow. I said: It cannot be reckoned property; may I shoot with it in God's path? I must come to the Messenger of God (PBUH) and ask him (about it). So I came to him and said: Messenger of God (PBUH), one of those whom I have been teaching writing and the Qur'an has presented me with a bow, and as it cannot be reckoned property, may I shoot with it in God's path? He said: If you want to have a necklace of fire on you, accept it. [Abu Dawud (AD): Book 23, Number 3409]

* On the authority of Rafi' Ibn Khadij: The Prophet (PBUH) said: The earnings of a cupper are impure, the price paid for a dog is impure, and the hire paid to a prostitute is impure. [AD: Book 23, Number 3414]

* On the authority of Muhayyisah Ibn Ka'b: Muhayyisah asked permission of the Messenger of God (PBUH) regarding hire of the cupper, but he forbade him. He kept on asking his permission, and at last he said to him: feed your watering camel with it and feed your slave with it. [AD: Book 23, Number 3415]
* On the authority of Rafi' Ibn Rifa'ah: Tariq Ibn Abd al-Rahman al-Qarashi said: Rafi' Ibn Rifa'ah came to a meeting of the Ansar and said: The Prophet of God (PBUH) forbade us (from some things) today, and he mentioned some things: he forbade the earning of a slave-girl except what she earned with her hand. He indicated (some things) with his fingers such as baking, spinning, and ginning. [AD: Book 23, Number 3419]

* On the authority of Abu Mas`ud: The Prophet (PBUH) forbade the price paid for a dog, the hire paid to a prostitute, and the gift given to a soothsayer. [[AD: Book 23, Number 3421]

* On the authority of Umar Ibn al-Khattab: Abu Majidah said: I cut the ear of a boy, or he cut my ear (the narrator is doubtful). Abu Bakr then came to us to perform hajj and we got together with him. But he referred us to Umar Ibn al-Khattab. Umar (Ibn al-Khattab) said: This reached the extent of retaliation. Call a cupper to me so that he may retaliate. When the cupper was called, he (Umar) said: I heard the Messenger of God (PBUH) say: I gave a boy to my maternal aunt, and I hope that she will be blessed in respect of him. I said to her: Do not entrust him to a cupper, or to a goldsmith, or to a butcher. [AD: Book 23, Number 3423]

* On the authority of Jabir Ibn Abdullah: The Prophet (PBUH) said: If anyone buys a slave who possesses property, his property belongs to the seller unless the buyer makes a proviso. [AD: Book 23, Number 3428]
* On the authority of Anas Ibn Malik: The Prophet (PBUH) said: A townsman must not sell for a man from the desert, even if he is his brother or father. [AD: Book 23, Number 3433]
* On the authority of Talhah Ibn Ubaydullah: Salim al-Makki said that a Bedouin told him that he brought a she-camel in the time of the Messenger of God (PBUH). He alighted with Talhah Ibn Ubaydullah (and wanted to sell his mulch animal to him). He said: The Prophet (PBUH) forbade a townsman to sell for a man from the desert. But go to the market and see who buys from you; consult me thereafter, and then I shall ask you (to sell) or forbid you. [AD: Book 23, Number 3434]
* On the authority of Jabir Ibn Abdullah: The Prophet (PBUH) forbade payment for cat. [[AD: Book 23, Number 3437]
* On the authority of Abdullah Ibn Umar: The Prophet (PBUH) said: If anyone buys a sheep whose udders have been tied up, he has option for three days (for decision). If he returns it, he should return with it wheat equal to its milk or double of it. [AD: Book 23, Number 3439]
* On the authority of Abdullah Ibn Mas`ud: The Messenger of God (PBUH) forbade breaking the coins of the Muslims current among them except for some defect. [AD: Book 23, Number 3442]
* On the authority of Abu Hurayrah: A man came and said: Messenger of God, fix prices. He said: (No), but I shall pray. Again the man came and said: Messenger of God, fix prices. He said: It is but God Who makes the prices low and high. I hope that when I meet God, none of you has any claim on me for doing wrong regarding blood or property. [AD: Book 23, Number 3443]
* On the authority of Anas Ibn Malik: The people said: Messenger of God, prices have shot up, so fix prices for us. Thereupon the Messenger of God (PBUH) said: God is the one Who fixes prices, Who withholds, gives lavishly and provides, and I hope that when I meet God, none of you will have any claim on me for an injustice regarding blood or property. [AD: Book 23, Number 3444]
* On the authority of Abdullah Ibn Amr Ibn al-'As: The Prophet (PBUH) said: Both parties in a business transaction have a right to annul it so long as they have not separated unless it is a bargain with the option to annul is attached to it; and it is not permissible for one of them to separate from the other for fear that one may demand that the bargain be rescinded. [AD: Book 23, Number 3449]
* On the authority of Abu Hurayrah: When Abu Zur'ah made a business transaction with a man, he gave him the right of option. He then would tell him: Give me the right of option (to annul the bargain). He said: I heard Abu Hurayrah say: The Messenger of God (PBUH) said: Two people must separate only by mutual consent. [AD: Book 23, Number 3451]
* On the authority of Abu Hurayrah: The Prophet (PBUH) said: If anyone rescinds a sale with a Muslim, God will cancel his slip, on the Day of Resurrection. [AD: Book 23, Number 3453]
* On the authority of Abu Hurayrah: The Prophet (PBUH) said: If anyone makes two transactions combined in one bargain, he should have the lesser of the two or it will involve usury. [AD: Book 23, Number 3454]
* On the authority of Abdullah Ibn Umar: A man paid in advance for a palm-tree. It did not bear fruit that year. They brought their case for decision to the Prophet (PBUH). He said: for which do you make his property lawful? He then said: Do not pay in advance for a palm-tree until they (the fruits) were clearly in good condition. [AD: Book 23, Number 3460]
* On the authority of Abu Sa'id al-Khudri: The Prophet (PBUH) said: If anyone pays in advance he must not transfer it to someone else before he receives it. [AD: Book 23, Number 3461]
* On the authority of a man: A man from the immigrants of the Companions of the Prophet (PBUH) said: I participated in battle three times along with the Prophet (PBUH). I heard him say: Muslims have common share in three (things): grass, water and fire. [AD: Book 23, Number 3470]
* On the authority of Iyas Ibn Abd: The Messenger of God (PBUH) forbade the sale of excess water. [AD: Book 23, Number 3471]
* On the authority of Abdullah Ibn Umar: The Messenger of God (PBUH) forbade selling grain which one buys by measurement until one receives it in full. [AD: Book 23, Number 3488]
* On the authority of Zayd Ibn Thabit: Ibn Umar said: I bought olive oil in the market. When I became its owner, a man met me and offered good profit for it. I intended to settle the bargain with him, but a man caught hold of my hand from behind. When I turned I found that he was Zayd Ibn Thabit. He said: Do not sell it on the spot where you have bought it until you take it to your house, for the Messenger of God (PBUH) forbade selling the goods where they are bought until the tradesmen take them to their houses. [AD:  Book 23, Number 3492]
* On the authority of Abdullah Ibn Amr Ibn al-'As: The Messenger of God (PBUH) forbade the type of transactions in which earnest money was paid. Malik said: This means, as we think—God better knows—that a man buys a slave or hires an animal, and he says: I give you a dinar on condition that if I give up the transaction or hire, what I gave you is yours. [AD: Book 23, Number 3495]
* On the authority of Hakim Ibn Hizam: Hakim asked (the Prophet): Messenger of God, a man comes to me and wants me to sell him something which is not in my possession. Should I buy it for him from the market? He replied: Do not sell what you do not possess. [AD: Book 23, Number 3496]
* On the authority of Uqba Ibn Amir: The Prophet (PBUH) said: The contractual obligation of a slave is three days. [AD: Book 23, Number 3499]
* On the authority of Aishah, Umm al-Mu'minin: The Messenger of God (PBUH) said: Profit follows responsibility. [AD: Book 23, Number 3501]
* On the authority of Aishah: A man bought a slave, and he remained with him as long as God wished him to remain. He then found defect in him. He brought his dispute with him to the Prophet (PBUH) and he returned him to him. The man said: Messenger of God, my slave earned some wages. The Messenger of God (PBUH) then said: Profit follows responsibility. [AD: Book 23, Number 3503]
* On the authority of Abu Hurayrah: The Prophet (PBUH) said: When land has been divided and boundaries have been set up, there is no right of pre-emption in it. [AD: Book 23, Number 3508]
* On the authority of Samurah: The Prophet (PBUH) said: A neighbor has the best claim to the house or land of the neighbor. [AD: Book 23, Number 3510]
* On the authority of Jabir Ibn Abdullah: The Prophet (PBUH) said: The neighbor is most entitled to the right of pre-emption, and he should wait for its exercise even if he is absent, when the two properties have one road. [AD: Book 23, Number 3511]
* On the authority of Abu Bakr Ibn Abd al-Rahman Ibn al-Harith Ibn Hisham: The Prophet (PBUH) said: If a man sells (his) property and the man who buys it becomes insolvent, and the seller does not receive the price of the property he had sold, but finds his very property with him (i.e. the buyer), he is more entitled to it (than others). If the buyer dies, then the owner of the property is equal to the creditors. [AD: Book 23, Number 3513]
* On the authority of Abu Hurayrah: A similar tradition (to the No. 3513) has been transmitted by Abu Hurayrah from the Prophet (PBUH).
This version has: If he paid something from its price, then he will be equal to the creditors in the remaining price. If a man dies and he has the very property of a man (i.e. seller), he is equal to the creditors whether he (the buyer) pays him (the price) or not. [AD: Book 23, Number 3515]
* On the authority of Abu Hurayrah: Umar Ibn Khaldah said: We came to Abu Hurayrah who had become insolvent. He said: I shall decide between you on the basis of the decision of the Messenger of God (PBUH): If anyone becomes insolvent or dies and the man (the seller) finds his very property with him, he is more entitled to it (than others). [AD: Book 23, Number 3516]
* On the authority of Amir al-Sha'bi: The Prophet (PBUH) said: If anyone finds an animal whose owners were helpless to provide fodder to it and so they turned it out (of their house), and he took it and looked after it, it will belong to him. [AD: Book 23, Number 3517]

* On the authority of al-Sha'bi: The Prophet (PBUH) said: If anyone leaves an animal at a place of perishing and another man brings it to life, it belongs to him who brings it to life. [AD: Book 23, Number 3518]
* On the authority of Umar Ibn al-Khattab: reported the Prophet (PBUH) as saying: There are people from the servants of God who are neither prophets nor martyrs; the prophets and martyrs will envy them on the Day of Resurrection for their rank from God, the Most High. They (the people) asked: Tell us, Messenger of God, who are they? He replied: They are people who love one another for the spirit of God, without having any mutual kinship and giving property to one. I swear by God, their faces will glow and they will be (sitting) in (pulpits of) light. They will have no fear (on the day) when the people will have fear, and they will not grieve when the people will grieve. He then recited the following Qur'anic verse: "Behold! Verily for the friends of God there is no fear, nor shall they grieve." [AD: Book 23, Number 3520]
* On the authority of Abdullah Ibn Amr Ibn al-'As: A man came to the Prophet (PBUH) and said: Messenger of God, I have property and children, and my father finishes my property. He replied; you and your property belong to your father; your children come from the pleasantest of what you earn; so enjoy from the earning of your children. [AD: Book 23, Number 3523]
* On the authority of Ya'la Ibn Umayyah: The Messenger of God (PBUH) said to me: When my messengers come to you, give them thirty coats of mail, and thirty camels. I asked: Messenger of God, is it a loan with a guarantee of its return, or a loan to be paid back? He replied: It is a loan to be paid back. [AD: Book 23, Number 3559]
* On the authority of al-Bara' Ibn Azib: al-Bara' had a she-camel which was accustomed to graze the standing crop belonging to the people. She entered a garden and did damage to it. The Messenger of God (PBUH) was informed about it.
So he gave decision that the owners of gardens are responsible for guarding them by day, and the owners of the animals are responsible for guarding them by night. Any damage done by animals during the night is a responsibility lying on their owners. [AD: Book 23, Number 3563]

No comments: