This is part 12 of 22 of “The Book of Livelihood and Commerce (al-Ma'isha)”, book 18 of Al-Kafi — Hadith 8,856–8,905. The book is long enough that it is split across 22 pages so each one stays quick to load; the parts run in order and are linked at the foot of the page.
8. A number of our people have narrated from Sahl ibn Ziyad from Ali ibn Asbat from Asbat ibn Salim who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case in which we buy a bundle of a hundred or so cloths in which there are good and bad ones ‘dast shumar ’ (farsi word for mixed). A man comes and takes ninety for the bundle with profit of one dirham for each. Is it proper for us to sell the rest as just we sold? He (the Imam) said, ‘No, unless he alone buys the cloth.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘ Umayr from Jamil ibn Darraj who has said the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘Advance payment to receive goods at an appointed time in the future is lawful if the length and width are fully described.”’
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ‘Uthman ibn ‘Isa from Sama‘ah who has said the following: “I once asked him (the Imam), ‘Alayhi al-Salam, about advance payment to receive goods on a date in future which is payment in advance for silk or goods made in the location where you live. He (the Imam) said, ‘Yes, it is lawful if the time is known.’”
3. Ali ibn Ibrahim has narrated from his father from ‘Isma’il ibn Marrar from Yunus from Mu‘awiyah ibn ‘Ammar who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Advance payment to receive goods in future is lawful if the length and width is made known.’”
1. A number of our people have narrated from Ahmad ibn Muhammad from Safwan from Musa ibn Bakr from Hadid ibn Hakim al- Azdiy who has said the following: “This is concerning my question before abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a man who comes to me and asks me for certain goods at the price of ten thousand dirham or less or more but I have only what is worth one thousand dirham. I then borrow from my neighbor and take from this and that person to complete the amount and sell to him; then buy from him or ask someone else to buy from him so that I then can return to the people from whom I had borrowed. He (the Imam) said, Tt is lawful.’”
2. Ahmad ibn Muhammad has narrated from Muhammad ibn ‘Isa from Mansur from Hisham ibn Salim who has said the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about the case of a man who makes a sale for an appointed time without having the merchandise with him and guarantees the sale for the buyer. He (the Imam) said, Tt is not unlawful.’”.
3. Ahmad ibn Muhammad has narrated from Ali ibn al-Hakam from abu Hamzah who has said the following: I once asked abu Ja‘far, ‘Alayhi al-Salam, about the case of a man who has bought certain goods which are not exchanged by measurement or weighing; if he can sell them before receiving delivery. He (the Imam) said, Tt is lawful.’”
4. Ali ibn Ibrahim has narrated from his father from ibn abu ‘ Umayr from ‘Abd al- Rahman ibn al-Hajjaj who has said the following: “I once said to abu ‘Abd Allah, ‘Alayhi al-Salam, ‘A man comes to me and asks for certain goods. I contract with him for a certain profit, then buy it to sell to him. He (the Imam) asked, ‘Does he have the choice to take or leave it?’ I replied, ‘Yes, he does.’ He (the Imam) said, Tt is lawful.’ I then said, ‘There are those among us who destroy it.’. He (the Imam) asked, ‘Why is that?’ I replied, ‘He sells what is not with him.’ He (the Imam) asked, ‘What does he say about advance payment to receive goods in future in which case he sells what is not with him?’ I replied, ‘Yes, it happens.’ He (the Imam) said, Tt is valid because they call it advance payment. My father would say, “It is lawful to sell all kinds of goods that you can find at the time you sell.’””
5. A number of our people have narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from Fadalah ibn Ayyub from Mu‘awiyah ibn ‘Ammar who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who comes to me and asks for certain goods of silk but I do not have anything as such, ‘Consider if he finds a better deal than this; can he change and go for that deal instead of the deal with you and can the same thing apply to you also?’ I replied, ‘Yes, - that can happen.’ He (the Imam) said, Tt then is lawful.’”
6. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Yahya ibn al-Hajjaj from Khalid ibn Najih who has said the following: “I once said to abu ‘Abd Allah, ‘Alayhi al-Salam, ‘A man comes to me and says, “Buy this cloth and I give you so and so much profit.’” He (the Imam) asked, ‘Can he take or leave it if he so wants?’ I replied, ‘Yes, he can do so.’ He (the Imam) said, ‘It is lawful. It is statements that make it lawful as well as unlawful.’”
7. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from al-Nadr ibn Suwayd from ‘Abd Allah ibn Sinan who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It is lawful for a man to sell goods which are not with him in the form of Musawamah (fixed price regardless of capital), then buy for him the goods he demands and make it necessary for yourself thereafter to ask him to sell it to you.’”
8. Ali ibn Ibrahim has narrated from his father from ibn abu ‘ Urn ay r from Hammad from al-Halabiy who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who makes a sale and the merchandise is not with him for an appointed time but he guarantees the sale. He (the Imam) said, ‘It is not unlawful.’”
9. Certain persons of our people have narrated from Ali ibn Asbat from abu Mukhallad al-Sarraj who has said the following: “Once, we were with abu ‘Abd Allah, ‘Alayhi al-Salam, when Mu‘attib came in and said, ‘There are two people at the door.’ He (the Imam) said, ‘Bring them inside.’ The two men came inside and one of them said, ‘I am a butcher. Can I sell the skin before I slaughter the sheep?’ He (the Imam) said, ‘It is not unlawful. However, say from the sheep is from so and so land.’”
1. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from certain persons of our people from Marwak ibn ‘Ubayd from those whom he has mentioned who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘There are two expressions for each of good and bad merchandise: To the owner of good merchandise it is said, “May Allah grant you blessings and the one who sold it to you.” To the owner of bad merchandise it is said, “Allah does not bless you and the one who sold it to you.’””
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ya’qub ibn Yazid from al-Washsha’ from ‘Asem ibn Hamid who has said the following: “Once, abu ‘Abd Allah, ‘Alayhi al-Salam, asked me, ‘How do you make a living?’ I replied, ‘I sell foodstuff.’ He (the Imam) said to me, ‘Buy those of good quality and sell of the good quality; if you sell that of good quality it is said, “Allah places blessings in you and the one who sold to you.’””
1. A number of our people have narrated from Ahmad ibn Muhammad ibn ‘Isa from ibn abu ‘Umayr from Hafs ibn Suwqah from al- Husayn ibn al-Mundhir who has said the following: “I once said to abu ‘ Abd Allah, ‘Alayhi al-Salam, ‘A man comes to me and asks for ‘Aynah. I then buy for him the merchandise in the manner of Murabahah (capital plus profit) then sell it to him, then buy it from him at the same place. He (the Imam) said, Tf he has the choice to sell if he likes or not to sell and you also have the choice to buy if you like or do not buy if you do not like, it is not unlawful.’ I then said, ‘People of the Masjid think it is not valid. They say, “If he brings it after few months it is valid.’” He (the Imam) said, ‘This is making early what is later and late what is early and it is not unlawful.’”
2. Ahmad ibn Muhammad has narrated from Ali ibn al-Hakam from ‘Isma’il ibn ‘Abd al-Khaliq who has said the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about ‘Aynah saying, ‘Our merchants in general these days provide ‘Aynah. I like to explain how it is done. He (the Imam) said, ‘Go on and explain.’ I said, ‘A man comes who works in Musaxvamah (fixed price regardless of capital) who wants merchandise on the basis of Musawamah but we do not have any goods and he says, “I give you a profit of dah yazdah” and I say “I give dah dawazdah.” He continues bargaining and we also do so. When we complete I say to him, “Which merchandise you want me to buy for you?” He says, “I like silk because we do not find anything else less depreciating than silk.” I agree and form a contract without selling.’ He (the Imam) said, ‘Is it possible that if you did not like you can refuse to give him and if he does not like he does not take from you?’ I replied, ‘Yes, it is possible. I then go and buy for him that silk and then bargain as much as I can and then I come to my home then sell it to him perhaps with an increase a little more than what is contracted, or perhaps give him for what is contracted, and perhaps we become difficult then nothing happens. ‘Then if he buys from me he cannot find anyone else asking higher price than the one, from whom I bought it, to sell to him. He comes and takes the dirhams and gives it to him or perhaps he comes with an assignment on me.’ He (the Imam) said, ‘You must not give it to anyone else beside the owner of silk.’ I then said, ‘Perhaps the sale does not take place between us. I ask him and he agrees.’ He (the Imam) said, ‘Is it possible that if he likes, he does not do so and if you want you do not return?’ I replied, ‘Yes, it is possible. If he dies it is from my assets.’ He (the Imam) said, ‘It is lawful; if you do not violate the condition, then it is not unlawful.’”
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Sayf ibn ‘Amirah from Mansur ibn Hazim who has said the following: “This is concerning my question before abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a man who asks another man for a cloth on the basis of ‘Aynah and he says, ‘I do not have it but take these dirhams and buy the cloth.’ He takes the dirhams and buys a cloth as he wants, then comes to him so that he buys it from him. He (the Imam) said, Ts it the case that if the cloth is lost it is from the assets of the one who gives dirham?’ I replied, ‘Yes, that is the case.’ He (the Imam) asked, ‘If it is possible that if he wants he buys it, if he does not want he does not buy, then it is not unlawful.’”
4. Ahmad ibn Muhammad has narrated from Ali ibn al-Hakam from Sayf ibn ‘ Amirah from abu Bakr af-Hadramiy who has said the foifowing: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, ‘A man who is engaged in an al- ’Aynah deal and the payment date has become due but he cannot find anything to pay back his debt; if he can arrange another al- ’Aynah with the same creditor again.’ He (the Imam) said, ‘Yes, he can do so again.’”
5. Ahmad ibn Muhammad has narrated from ibn abu ‘Umayr from Aii ibn ‘Isma’ii abu Bakr al-Hadramiy who has said the foliowing: “I once said to abu ‘Abd Allah, ‘Alayhi al-Salam, ‘A man owes me a certain amount of dirhams and he says, “Sell to me certain goods so I can pay what I owe to you.” I then sell to him certain goods, then buy it from him and take what he owes me.’ He (the Imam) said, ‘It is not unlawful.’”
6. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Hanan ibn Sadir who has said the following: “Once I was with abu ‘Abd Allah, ‘Alayhi al-Salam, when Ja’far ibn Hanan asked him (the Imam), ‘What do you say about al- ’Aynah in the case of a man who sells certain goods to a man and says, “I sell to you bah dah dawazdah and bah dahyazdahT” Abu ‘Abd Allah, ‘Alayhi al-Salam, said, ‘This is not valid. He must, however, say, “For all dirhams I give you so and so amount of dirham profit in the form of Musawamah (fixed price regardless of capital) in this deal;” then it is not unlawful.’ He then asked, ‘Can I make a deal in the form of Musawamah (fixed price regardless of capital) and I do not have any assets?’ He (the Imam) said, ‘It is not unlawful.’”
7. Ali ibn Ibrahim has narrated from his father from ‘Abd Allah ibn al-Mughirah from ‘Abd Allah ibn Sinan who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who owes a certain amount of debts and he is a Mu‘sir (unable to pay). Can I arrange for him to buy something from a man for an appointed time and guarantee in his favor so he can pay his debts (with the item just purchased for him) to me and then pay back what he owes? He (the Imam) said, ‘It is lawful.’”
8. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from Harun ibn Kharijah who has said the following: “I once said to abu ‘Abd Allah, ‘Alayhi al-Salam, ‘I made an al-’ Aynah deal with a man. I then asked him to pay back what he owes because of the deal. He replied, “I do not have anything to pay you back unless you arrange another al-’ Aynah so I can pay you back.’” He (the Imam) said, ‘You can arrange another al- ’Aynah for him so he can pay you back.’”
9. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn Hadid from Muhammad ibn Ishaq ibn ‘Ammar who has said the following: “I once said to abu al-Hassan, ‘Alayhi al-Salam, ‘Salsabil has asked me for a hundred thousand dirham which she will pay back with a ten thousand dirham profit. I gave her ninety thousand dirham loan with the sale of a cloth and something else worth a thousand dirham for ten thousand dirham (she now owes a total of one hundred thousand dirham).’ He (the Imam) said, ’It is not unlawful.’ In another Hadith it is said, ‘It is not unlawful if you give her a hundred thousand and sell to her a cloth for ten thousand and write two contracts.’”
10. Abu Ali al-Ash’ariy has narrated from al-Hassan ibn ‘Abd Allah from his uncle, Muhammad ibn ‘Abd Allah from Muhammad ibn Ishaq ibn ‘Ammar who has said the following: “I once asked al-Rida’, ‘Alayhi al-Salam, about the case of a man to whom someone owes a certain amount of goods and payback time becomes due. His party sells to him a pearl worth a hundred dirham for a thousand dirham and extends the payback time to another appointed time. He (the Imam) said, ‘It is not unlawful. My father commanded me to do so and did such a deal.’ He (the narrator) thinks that he had asked abu al-Hassan, ‘Alayhi al-Salam, about it and he (the Imam) had given a similar answer.”
11. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn abu ‘Umayr from Muhammad ibn Ishaq ibn ‘Ammar who has said the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about the case of a man who owes me a certain amount of dirham and says to me, ‘Extend the payback time and I will give you profit’. I then sell to him a gown worth a thousand dirham for ten thousand dirhams - or that he said, twenty thousand dirhams - and extend the payback time. He (the Imam) said, ‘It is not unlawful.’”
12. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from ‘Abd al-Malik ibn ‘Utbah who has said the following: “I once asked him (the Imam), ‘Alayhi al-Salam, about the case of a man with whom I like to arrange an al-’Aynah. He already owes me a certain amount of goods. He asks me for additional goods. Is it right to provide him additional goods and sell to him a pearl worth a hundred dirham for a thousand dirham and I say, ‘I sell to you this pearl for a thousand dirham so I can extend the payback time for this and what you already owe to me up to so and so many months.’ He (the Imam) said, ‘It is not unlawful.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu Najran from ‘Asem ibn Hamid from Muhammad ibn Qays who has said the following: “Abu Ja’far, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin has said, ’If one sells certain goods and says that its price in a hand in hand deal is so and so and in a deferred payment deal is so and so, so take which ever you like and makes it a package deal, he can only take what costs the least even if it is the deal with the deferred payment.’ He (the Imam) said, ’If one finalizes a deal by the manner of Musawamah (fixed price regardless of capital) of immediate or deferred payment he must specify one of them before the package deal is final.’”
1. A number of our people have narrated from Ahmad ibn Muhammad from ibn abu ‘Umayr from al-Hassan ibn ‘ Atiyyah from ‘Umar ibn Yazid who has said the following: “‘Umar and I were in al-Madinah and ‘Umar sold sacks made in Hirat, every cloth for so and so amount. They took them and divided among themselves but they found one defective piece and returned it. ‘Umar said to them, ‘I can pay you the price for which I sold to you.’ He said, ‘No, we take from you the price of the cloth.’ ‘Umar mentioned this before abu ‘Abd Allah, ‘Alayhi al-Salam, and he (the Imam) said, ‘He must do so (as he is asked to do).”’ (The pronoun ‘He’ can apply to either one of seller or buyer but its applying to the buyer has greater support in the principles of the system of Shari ‘ah)
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil from certain persons of our people who has said the following: “I once asked one of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, about the case of a man who buys cloths or goods and finds defects in it. He (the Imam) said, ‘If the item is exactly as it was, he can return and get back what he has paid and if the cloth is cut or stitched or dyed he must pay for the loss.’”
3. A number of our people have narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from Fadalah from Musa ibn Bakr from Zurarah who has said the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘Whoever buys something and finds defect in it or injuries that does not get well which was not apparent to him (when buying) and he then does some changes in it after taking delivery then finds out about the defect or injury, he must approve the sale and ask for the refund of the cost of the defect or injury from the price of the item (he has paid).”’
1. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from who has said the following: “I once said to abu al-Hassan, ‘Alayhi al-Salam, ‘I like to travel to certain areas of the mountains.’ He (the Imam) said, ‘This year people will not be able to avoid difficult times.’ I then said, ‘I pray to Allah to keep my soul in service for your cause, if we sell to them goods on credit with deferred payment it is more profitable. He (the Imam) said, ‘Sell to them for one year deferred payment.’ I asked, ‘Can we defer payment for two years?’ He (the Imam) said, ‘Yes, you can do so.’ I then asked, ‘Can we defer payment for three years?’ He (the Imam) said, ‘No, you cannot do so.’”
2. Ali ibn Ibrahim has narrated from his father from ibn abu Najran from ‘Asim ibn Hamid from Muhammad ibn Qays who has said the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin, Ali, ‘Alayhi al-Salam, in the case of a man who was ordered by certain persons to ask to sell to them a camel and they had agreed to pay more if it was on credit with deferred payment, and he asked to sell to them a camel and certain ones of them were with him, judged to bar him from charging them more over the cash price with deferred payment.’”
3. Ali has narrated from his father Muhammad ibn ‘Isma’il has narrated from al-Fadl ibn Shadhan all from ibn abu ‘Umayr from Hisham ibn al-Hakam who has said the following: “About the case of a man who buys certain goods with deferred payment for an appointed time, abu Ja‘far, ‘Alayhi al-Salam, has said, ‘He cannot buy it in the manner of Murabahah (capital plus profit) without deferment for an appointed time which is agreed upon; and if he sells in the manner of Murabahah (capital plus profit) without informing the party, then the one who has bought is entitled for a deferment of similar duration.’”
4. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Muhammad ibn ‘Isma’il from Mansur ibn Yunus from Shu’ayb ibn al-Haddad from Bashshar ibn Yasar who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who sells goods on credit with deferred payment, then buys them from the party to whom he has sold. He (the Imam) said, ‘It is not unlawful.’ I then asked, ‘Can I buy my own goods?’ He (the Imam) said, ‘It is not your property, your cow or your sheep.’” Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from Shu’ayb al- Haddad from Bashshar ibn Yasar from abu ‘Abd Allah, ‘Alayhi al-Salam, a similar Hadith.
1. A number of our people have narrated from Sahl ibn Ziyad from ibn Mahbub from ibn Ri’ab who has said the following: “I once asked abu al-Hassan, Musa, ‘Alayhi al-Salam, about the case of a man who is of my relatives who has left behind small children, slave-boys and slave-girls, and has not made any will. ‘What do you say about one who buys from them a slave-girl for a mother of one’s child and what do you say about selling them?’ He (the Imam) said, ‘If they have a guardian he looks after their affairs, sells for them, and looks after them, he will receive his reward from Allah.’ I then asked, ‘What do you say about one who buys from them a slave-girl to make her mother of his child.’ He (the Imam) said, ‘It is not unlawful if their guardian sells her for them who supervises for them in matters of their interest and they cannot revoke what the guardian has done to protect their interest.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ‘Isma’il who has said the following: “A certain person of our people died without a will and his case was presented before a judge of al- Kufah. ‘Abd al-Hamid was appointed as the supervisor over his affairs. The man had left behind small heirs, assets and slave-girls. ‘Abd al-Hamid sold the assets and when he wanted to sell the slave-girls, His heart became weak in selling them because the deceased had not appointed him as executor of his will and his appointment was because of the order of the judge and it was a matter of Furuj (matters of reproductive issue). I then asked abu Ja’far, ‘Alayhi al-Salam, about it saying, ‘If a man of our people dies without a will and leaves behind slave-girls, then the judge appoints a man from us as supervisor to sell the slave-girls or says that a man from us looks after this issue and his heart becomes weak because it is a matter of Furuj; what do you say about it?’ He (the Imam) said, ‘If the supervisor is like you or like ‘Abd al-Hamid it is not unlawful.’”
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ‘Uthman ibn ‘Isa from Sama‘ah who has said the following: “I once asked him (the Imam), ‘Alayhi al-Salam, about the case of a man who buys a slave, who is a runaway one, from his people. He (the Imam) said, ‘It is not valid unless he buys something else along with him and says, “I buy from you this thing and your slave so and so for so and so amount” and if he cannot find the slave his price (asset) will be in what he has paid for that thing.’”
4. A number of our people have narrated from Sahl ibn Ziyad and Ahmad ibn Muhammad all from al-Hassan ibn Mahbub from Rifa’ah al-Nakhkhas who has said the following: “I once said to abu ‘Abd Allah, ‘Alayhi al-Salam, ‘I have made a deal with a man in the manner of Musawamah (fixed price regardless of capital) about his slave-girl. He sold her to me on my demand and I took possession on that basis, sent him a thousand dirham and said to him, ‘This is a thousand because of my order.’ He refused to accept it from me and I had already touched her before sending the thousand dirham. He (the Imam) said, ‘I say that you must evaluate the slave-girl for a fair price. If her price is more than what you sent to him you must complete the deficit, and if the price is less than what you have sent to him it belongs to him.’ I then said, ‘What happens if I find a defect in her after touching her?’ He (the Imam) said, ‘You cannot return her. You can, however, demand for the difference of her prices as defect-free and defective condition.’”
5. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “This is about the case of a slave who is owned by several people and one of them sells his share and the other says, ‘I am more rightful to buy it if his claim is right.’ He (the Imam) said, ‘It is a right if there is only one shareholder.’ It then was asked if there is right of al-Shuf’ (priority right over others to buy) in the sale of animals. He (the Imam) said, ‘No, there is no right of al-Shuf ’ in the sale of animals.’”
6. Muhammad ibn ‘Isma’il has narrated from al-Fadl ibn Shadhan from ibn abu ‘Umayr from fbrahim ibn ‘Abd al-Hamid who has said the foiiowing: “About the case of buying and the sale of Romans, abu al-Hassan, ‘Alayhi al-Salam, has said, ‘(If they are for sale), buy and sell them.’”
7. Humayd ibn Ziyad from ai-Hassan ibn Muhammad ibn Sama‘ah from more than one person from Aban ibn ‘Uthman from ‘Isma’ii ibn ai-Fadi who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about buying slaves of tax payers if their government approves. He (the Imam) said, ‘If the authority over them approves you can buy and marry them.’”
8. A number of our people have narrated from Ahmad ibn Muhammad from Muhammad ibn Sahl from Zakariya ibn Adam who has said the following: “I once asked al-Rida’, ‘Alayhi al-Salam, about the enemy people who make peace, then breach it because justice was not practiced with them; if it is permissible to buy their captives. He (the Imam) said, ‘If they are open enemies you can buy but if they are exiled and treated unjustly, then do not buy their captives.’ I asked him (the Imam) about captives from Daylam who steal from each other and the Muslims invade them without authorization from Imam; if buying them is permissible. He (the Imam) said, ‘If they confess their slavery, then it is not unlawful.’ I then asked him (the Imam) about taxpayer people who face famine and a man brings his children and says: this is for you feed him and he is for you. He (the Imam) said, ‘You must not sell free people. It is not lawful for you as well as for the tax payers.’”
9. A number of our people have narrated from Sahl ibn Ziyad and Ahmad ibn Muhammad all from ibn Mahbub from Rifa’ah al- Nakhkhas who has said the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about Romans who invade al-Saqalibah (a people who lived between Bulgaria and Constantinople (Istanbul)), steal their children, slave-girls and slave-boys, then castrate the slave-boys, then send them to Baghdad for the merchants. What do you say about them and we know they are stolen and they were invaded wrongfully without declared war among them. He (the Imam) said, ‘It is not unlawful to buy them because they have only taken them from paganism to al-Islam.’”
10. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from more than one person from Aban from ‘Abd al- Rahman ibn abu ‘Abd Allah who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the slaves of the taxpayers; if I can buy from them. He (the Imam) said, ‘You can buy them if they certify their slavery.’”
11. Aban has narrated from Zurarah who has said the following: “This is concerning my question before abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a man who buys a slave-girl for a certain price, then sells her (on credit) and makes a profit before paying the owner. The owner comes and demands payment but he does not pay. The owner says to those who have bought her to pay him what the person selling the slave-girl owes him and the profit that he has made is for them. He (the Imam) said, ‘It is not unlawful.’”
12. Ali ibn Ibrahim has narrated from his father from ibn abu Najran from ‘Asem ibn Hamid from Muhammad ibn Qays who has said the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin, ‘Alayhi al-Salam, issued a judgment in the case of a slave-girl who is the mother of a child who is sold by the son of her master in the absence of his father. The buyer made her to become pregnant and a boy was born. Then her first master came and disputed the second master, saying: she was the mother of my child whom my son had sold without my permission. He (the Imam) said, ’The judgment gave him the mother and the child.’ The one who had bought begged and pleaded before him (the Imam). He said, ‘Take his son who sold to you the mother of the child until he pays you for the sale.’ When he took him his father said, ‘Allow my son to go.’ He said, ‘No, by Allah, I will not allow him to go until you allow my son to go.’ When the master of the mother of the child saw this he authorized the sale of his son.’”
13. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Darraj from Hamzah ibn Humran who has said the following: “I once said to abu ‘Abd Allah, ‘Alayhi al-Salam, ‘I go to the market to buy a slave-girl and she says that she is free. He (the Imam) said, ‘You can buy her unless she presents proof of her freedom.’”
14. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Zurarah who has said the following: “Once I was sitting with abu ‘Abd Allah, ‘Alayhi al-Salam, when a man came in with his son. Abu ‘Abd Allah, ‘Alayhi al-Salam, asked, ‘What kind of business does your son do?’ He replied, ‘He sells slaves.’ Abu ‘Abd Allah, ‘Alayhi al-Salam, said, ‘You must not buy what is defective physically or morally. When you buy a head, you must not show its price on balance; whatever head sees its price in the balance it does not succeed. When you buy a head change its name, feed it something sweet and when you become the owner give four dirham charity for it.’”
15. A number of our people have narrated from Sahl ibn Ziyad from Ibrahim ibn ‘Uqbah from Muhammad ibn Muyassir from his father who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘One who looks at his own price when he is weighed, he does not succeed.’”
Daif (per the well-known view)· al-Majlisi
Sunni collections: text from the open hadith-api dataset. Al-Kafi: Arabic text, Muhammad Sarwar's translation and gradings from Thaqalayn.net via the Thaqalayn API. Hadith numbering follows those editions and can differ from a printed copy — check the Arabic against a trusted edition before relying on a reference.
