Book 90: Legal Stratagems (Hiyal)
Sahih al-Bukhari
Sahih al-Bukhari 6953
Abu Nu'man narrated to us that Hammad bin Zaid told us. He narrated from Yahya bin Sa'id, Yahya from Muhammad bin Ibrahim, he from Alqamah bin Waqqas. He said: I heard Hazrat Umar bin Khattab (ra) while he was addressing the people. He said: I heard the Prophet (saw); he (saw) used to say: “O people, actions are judged only by intentions, and a man receives only that which he intended. So he whose migration (Hijrah) was for Allah and His Messenger, his migration is indeed for Allah and His Messenger; and he who migrated to obtain the world, or migrated to marry a woman, his migration is for that for which he migrated.”
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Sahih al-Bukhari 6954
Ishaq bin Nasr narrated to me that Abdur Razzaq told us. He narrated from Ma'mar, Ma'mar from Hammam, Hammam from Hazrat Abu Hurairah (ra), Hazrat Abu Hurairah (ra) from the Prophet (saw). He (saw) said: “Allah does not accept the Prayer (Salat) of any of you while he is without ablution (Wudu), until he performs ablution.”
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Sahih al-Bukhari 6955
Muhammad bin Abdullah Ansari narrated to us that my father told me. Thumamah bin Abdullah bin Anas narrated to me that Hazrat Anas (ra) told him that Hazrat Abu Bakr (ra) wrote down for him the obligation of charity (Sadaqah) which the Messenger of Allah (saw) had prescribed, and (in it was also this:) that property which is separate should not be combined, and property which is combined should not be separated, for fear of having to pay charity.
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Sahih al-Bukhari 6956
Qutaibah (bin Sa'id) narrated to us that Isma'il bin Ja'far told us. He narrated from Abu Suhail, Abu Suhail from his father, his father from Hazrat Talhah bin Ubaidullah (ra), that a Bedouin with dishevelled hair came to the Messenger of Allah (saw) and said: “O Messenger of Allah (saw), tell me which Prayers Allah has made obligatory on me.” He (saw) said: “The five Prayers, unless you willingly offer some other Prayer.” He said: “Tell me the fasts that Allah has made obligatory on me.” He (saw) said: “The month of Ramadan, unless you willingly keep some other fasts.” He said: “Tell me the Zakat which Allah has prescribed for me.” Hazrat Talhah (ra) used to say: The Messenger of Allah (saw) told him the legal commandments of Islam. He said: “By that Being Who has honoured you, I shall neither do anything more of my own accord nor do less than what Allah has made obligatory on me.” The Messenger of Allah (saw) said: “He has succeeded if he is truthful,” or (he said:) “He has entered Paradise if he is truthful.” And some people said that on one hundred and twenty camels the Zakat is two she-camels of three years each. Then if someone deliberately destroyed them, or gave them away as a gift, or employed some other trick concerning them to escape Zakat, there is no Zakat on him.
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Sahih al-Bukhari 6957
Ishaq (bin Rahwaih) narrated to me that Abdur Razzaq told us. Ma'mar narrated to us. Ma'mar narrated from Hammam, Hammam from Hazrat Abu Hurairah (ra). He said: The Messenger of Allah (saw) said: “The treasure of one of you will be a bald snake on the Day of Resurrection. The owner of the treasure will keep running away from it, and it will pursue him and say: ‘I am your treasure.’” He (saw) said: “By Allah, it will keep pursuing him until he stretches out his hand and puts it into its mouth.”
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Sahih al-Bukhari 6958
And the Messenger of Allah (saw) said: “If the owner of livestock does not give what is due, those animals will be set upon him on the Day of Resurrection. They will trample his face with their hooves.” And some people said concerning a person who has some camels and fears that charity (Sadaqah) will become due on him, and he, employing a trick to escape charity, sells them one day before in exchange for similar camels or goats or cows or money, that nothing will be due from him. And these same people say: If he pays the Zakat of his camels one day or one week before a year passes, it will be valid on his behalf.
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Sahih al-Bukhari 6959
Qutaibah bin Sa'id narrated to us that Laith told us. He narrated from Ibn Shihab, Ibn Shihab from Ubaidullah bin Abdullah bin Utbah bin Mas'ud, Ubaidullah from Hazrat Ibn Abbas (ra). He said that Hazrat Sa'd bin Ubadah Ansari (ra) asked the Messenger of Allah (saw) for a ruling concerning a vow which was due from his mother. She had died before fulfilling that vow. So the Messenger of Allah (saw) said: “Fulfil it on her behalf.” And some people said: When camels reach the number of twenty, the Zakat on them is four goats. If he gives them away as a gift before the year passes, or sells them so that he escapes, or to find a pretext for cancelling the Zakat, nothing will be due from him; and likewise if he destroys them and dies, there will be no Zakat on his property either.
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Sahih al-Bukhari 6960
Musaddad narrated to us that Yahya bin Sa'id told us, narrating from Ubaidullah (Umari). He said: Nafi' narrated to me. He narrated from Hazrat Abdullah (ra) that the Messenger of Allah (saw) forbade Shighar. I asked Nafi': “What is Shighar?” He said: “That a man marries the daughter of another man and marries his own daughter to him without a dowry, or that he marries the sister of a man and that man marries his sister to him without a dowry.” And some people said: If someone by a trick contracts a Shighar marriage, this marriage will be valid and the condition void. And these same people said concerning temporary marriage (Mut'ah) that this marriage is invalid and the condition is also void. And some of them said: Mut'ah and Shighar are valid and the condition is void.
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Sahih al-Bukhari 6961
Musaddad narrated to us that Yahya (Qattan) told us. He narrated from Ubaidullah bin Umar that Zuhri told us. He narrated from Hasan and Abdullah, who were both sons of Muhammad bin Ali. Both of them narrated from their father that it was said to Hazrat Ali (ra) that Hazrat Ibn Abbas (ra) saw no harm in temporary marriage (Mut'ah) with women. He said: The Messenger of Allah (saw) forbade it on the day of Khaibar, and also the meat of domestic donkeys. And some people said: If someone by a trick contracts a Mut'ah, the marriage will be invalid; and some of them said that this marriage will be valid and the condition void.
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Sahih al-Bukhari 6962
Isma'il (bin Abi Uwais) narrated to us that Malik told us. He narrated from Abuz Zinad, Abuz Zinad from A'raj, A'raj from Hazrat Abu Hurairah (ra), that the Messenger of Allah (saw) said: “Surplus water left over beyond need should not be withheld so that the growth of grass is thereby prevented.”
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Sahih al-Bukhari 6963
Qutaibah bin Sa'id narrated to us. He narrated from Malik, Malik from Nafi', Nafi' from Hazrat Ibn Umar (ra), that the Messenger of Allah (saw) forbade Najsh.
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Sahih al-Bukhari 6964
Isma'il (bin Abi Uwais) narrated to us that Malik told us. He narrated from Abdullah bin Dinar, he from Hazrat Abdullah bin Umar (ra), that a man mentioned to the Prophet (saw) that he was deceived in buying and selling. He (saw) said: “When you buy from someone, say: ‘There should be no deception.’”
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Sahih al-Bukhari 6965
Abul Yaman narrated to us that Shu'aib told us. He narrated from Zuhri. He said: Urwah (bin Zubair) used to relate that he asked Hazrat Aishah (ra): What is meant by: And if you fear that you will not be fair in dealing with the orphans, then marry of women as may be agreeable to you … (Qur’an 4:4)? She said: This is the orphan girl who is under the care of her guardian, and he, because of her wealth and beauty, wants to marry her by giving her less than the (dowry) that is usually given to women of her kind. Therefore they were forbidden such marriages with orphan girls unless they do justice to them by giving the dowry in full. Then after this verse the people asked the Messenger of Allah (saw) for a ruling, so Allah revealed this: And they seek of thee the decision of the Law with regard to women (Qur’an 4:128). Shu'aib related the whole hadith.
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Sahih al-Bukhari 6966
Abu Nu'aim narrated to us that Sufyan (Thauri) told us. He narrated from Abdullah bin Dinar, he from Hazrat Abdullah bin Umar (ra), Hazrat Abdullah bin Umar (ra) from the Prophet (saw). He (saw) said: “For every treacherous person there will be a flag on the Day of Resurrection by which he will be recognised.”
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Sahih al-Bukhari 6967
Muhammad bin Kathir narrated to us. He narrated from Sufyan (Thauri), Sufyan from Hisham, Hisham from Urwah, Urwah from Hazrat Zainab bint Umm Salamah (ra), she from Hazrat Umm Salamah (ra), Hazrat Umm Salamah (ra) from the Prophet (saw). He (saw) said: “I am only a human being, and you bring your disputes to me, and sometimes one of you presents his argument better than the other, and I decide in his favour according to what I hear. So if I decide to give anyone something from the right of his brother, he should not take it, for I shall only be cutting off for him a piece of fire.”
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Sahih al-Bukhari 6968
Muslim bin Ibrahim narrated to us that Hisham (bin Abi Abdullah) told us. Yahya bin Abi Kathir narrated to us. Yahya narrated from Abu Salamah (bin Abdur Rahman bin Auf), Abu Salamah from Hazrat Abu Hurairah (ra), Hazrat Abu Hurairah (ra) from the Prophet (saw). He (saw) said: “A Bakirah (virgin) should not be married until her permission is sought, nor a Thayyibah (widow) until she is consulted.” It was asked: “O Messenger of Allah (saw), how will her permission be given?” He (saw) said: “When she remains silent.” And some people said: If permission is not sought from a virgin and she does not marry, and a man by a trick produces two false witnesses that he married her with her consent, and the judge declares his marriage established, while the husband knows that their testimony is false, then there is no harm in his having intercourse with her, and this will be a valid marriage.
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Sahih al-Bukhari 6969
Ali bin Abdullah narrated to us that Sufyan (bin Uyainah) told us. Yahya bin Sa'id narrated to us. Yahya narrated from Qasim (bin Muhammad) that a woman from the descendants of Ja'far feared that her guardian would marry her off, and she disliked it. So she sent word to two elders of the Ansar (Helpers), Abdur Rahman and Mujammi', both sons of Jariyah. They both said: “Do not fear, for the father of Hazrat Khansa bint Khidham (ra) married her off while she disliked it, and the Prophet (saw) declared that marriage void.” Sufyan used to say: As for Abdur Rahman, I heard it from him; he used to transmit from his father that Hazrat Khansa (ra) … (to the end).
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Sahih al-Bukhari 6970
Abu Nu'aim narrated to us that Shaiban told us. He narrated from Yahya (bin Abi Kathir), Yahya from Abu Salamah (bin Abdur Rahman), Abu Salamah from Hazrat Abu Hurairah (ra). He said: The Messenger of Allah (saw) said: “A widow should not be married until she is consulted, and a Bakirah (virgin) should not be married until her permission is sought.” The people said: “How will her permission be given?” He (saw) said: “That she remains silent.” And some people said: If a man, by means of two false witnesses, employs the trick concerning the marriage of a Thayyibah (widow) woman that the marriage took place with this woman's consent, and the judge declares the marriage of this woman to this man established, while the husband knows that he never married her, then this marriage may be lawful for this man, and there is no harm in this man staying with this woman.
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Sahih al-Bukhari 6971
Abu Asim (Dahhak bin Makhlad) narrated to us. He narrated from Ibn Juraij, Ibn Juraij from Ibn Abi Mulaikah, he from Dhakwan, Dhakwan from Hazrat Aishah (ra). She relates: The Messenger of Allah (saw) said: “Permission should be sought from a virgin.” I said: “But a virgin feels shy?” He (saw) said: “Her permission lies in her silence.” And some people said: If a man is infatuated with an orphan girl or a virgin and she does not agree, and then by a trick he brings two false witnesses to testify that he had married her, and that she has now come of age and the orphan girl has become content, and the judge accepts the false testimony while the husband knows its falsehood, then it will be lawful for him to establish relations with her.
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Sahih al-Bukhari 6972
Ubaid bin Isma'il narrated to us that Abu Usamah told us. He narrated from Hisham, Hisham from his father, his father from Hazrat Aishah (ra). She relates: The Messenger of Allah (saw) liked sweets and also liked honey, and it was his (saw) habit that when he had offered the Asr Prayer he would call on his wives and sit with them. One day he (saw) went to Hafsah (ra) and stayed with her longer than he (saw) usually stayed. I asked about this and was told that a woman of her people had sent a small skin of honey as a gift, and she had given the Messenger of Allah (saw) a drink of it. I said: “Very well. By Allah, we too shall certainly devise some trick for him (saw).” I mentioned this to Saudah (ra) and said to her: “When the Holy Prophet (saw) comes to you and sits with you, say to the Holy Prophet (saw): ‘O Messenger of Allah (saw), have you eaten asafoetida?’ He (saw) will then say: ‘No.’ Then you say: ‘What is this smell?’” And the Messenger of Allah (saw) was greatly distressed if any smell was perceived from him (saw). “Then he (saw) will say: ‘Hafsah (ra) has given me a drink of honey.’ Then you say to the Holy Prophet (saw): ‘The bee of this honey must have sucked the juice of Urfut.’ And I too shall say the same, and you too, Safiyyah (ra), say the same.” When he (saw) came to Saudah (ra), Hazrat Aishah (ra) said, Saudah (ra) used to say: “By that Being besides Whom there is no god! Out of fear of you I was about to say to him (saw) hastily what you had told me, while he (saw) was still at the door. When the Messenger of Allah (saw) came to me, I said to him (saw): ‘O Messenger of Allah (saw), have you eaten asafoetida?’ He (saw) said: ‘No.’ I said: ‘What is this smell?’ He (saw) said: ‘Hafsah (ra) gave me a drink of honey.’ I said: ‘The bee of this honey must have sucked the juice of Urfut.’” (Hazrat Aishah (ra) relates:) When he (saw) came to me, I too said the same to him (saw); and he (saw) came to Safiyyah (ra), and she too said the same to him (saw). Then when he (saw) came to Hafsah (ra), she said to him (saw): “O Messenger of Allah (saw), shall I not give you a drink of that again?” He (saw) said: “I have no need of it.” Hazrat Aishah (ra) relates: Saudah (ra) said: “Holy is Allah! We have deprived him (saw) of honey.” Hazrat Aishah used to say: I said to her: “Be quiet.”
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