Ceci est la partie 13 sur 22 de « The Book of Livelihood and Commerce (al-Ma'isha) », livre 18 de Al-Kafi — Hadith 8 906–8 955. Le livre est suffisamment long pour être divisé en 22 pages afin que chacune se charge rapidement ; les parties se suivent dans l'ordre et sont liées au bas de la page.
16. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from Rifa’ah who has said the following: “I once asked abu al-Hassan, Musa, ‘Alayhi al-Salam, about the case of a man who shares a slave-girl with another man and says, ‘If we made profit half is for you, if it is a loss then there is nothing on you.’ He (the Imam) said, ‘I do not see anything unlawful in it if the owner of the slave-girl agrees without compulsion.’”
17. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr 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 slave- girls and conditions that say, ‘She must not be sold or transferred in inheritance or given as gift.’ He (the Imam) said, ‘It is lawful except inheritance; she is inherited. Any condition against the book of Allah is rejected.’”
18. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ‘Abd al-Hamid from abu Jamilah who has said the following: “Once I visited abu ‘Abd Allah, ‘Alayhi al-Salam, and he asked, ‘Young man, what you do for a living?’ I replied, ‘It is slaves.’ He (the Imam) said, ‘I recommend you so keep my recommendations safe. You must not buy physically or morally defective ones. You must make the guarantees strong and firm.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Darraj 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 who owns assets; to whom such assets belong? He (the Imam) said, Tf the seller knows that the slave owns assets then such assets belong to the buyer but if he does not know then they belong to the seller.’”
2. A number of our people have narrated from Sahl ibn Ziyad and Ahmad ibn Muhammad all from ibn Mahbub from al-‘Ala’ from Muhammad ibn Muslim 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 sells a slave and finds out that the slave owns assets. He (the Imam) said, ‘Such assets belong to the seller; he has sold the slave’s person unless it is a condition in the contract of sale that says that whatever assets are there, they belong to him.’”
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn Hadid from Jamil ibn Darraj 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 and his assets. He (the Imam) said, ‘It is not unlawful.’ I then asked, ‘What happens if the assets of the slave are more than what is paid to buy the slave?’ He (the Imam) said, ‘It is not unlawful.’”
1. A number of our people have narrated from Sahl ibn Ziyad and Ahmad ibn Muhammad all from ibn Mahbub from Malik ibn ‘ Atiyyah from Dawud ibn Farqad who has said the following: “This is concerning my question before abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a slave- girl who is well aware but does not experience Hayd (menses) for six month now with him and she is not pregnant. He (the Imam) said, Tf others similar to her experience and it is not because of old age, it is a defect, because of which she can be returned.’”
2. Ibn Mahbub has narrated from 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 buys a pregnant slave-girl and does not know that she is pregnant so he does sexual intercourse. He (the Imam) said, ‘He must return to the one from whom he has purchased and he must return half of one-tenth of her price because of sexual intercourse. Ali, ‘Alayhi al-Salam, has said, ‘A non- pregnant cannot be returned after the owner does sexual intercourse but proportionate to the defect her price is reduced if there is any defect in her.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Salih from ‘Abd al-Malik ibn ‘Umayr who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘A non-pregnant slave-girl, after the owner does sexual intercourse cannot be returned but he can demand for loss because of defect. A pregnant one must be returned with half of one-tenth of her price.’” In another Hadith it is said that if she is virgin it is one- tenth of her price and if she is not virgin, it is half of one-tenth of her price.’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Yahya from Talhah ibn Zayd who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin, in the case of a man who bought a slave-girl and did sexual intercourse with her, then found defect in her, issued a judgment that said, ‘She must be evaluated as perfect as well as defective; then the seller must refund the difference of the two prices to the buyer.’”
5. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Safwan from Mansur ibn Hazim who has said the following: “About the case of a man who bought a slave-girl and did sexual intercourse, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, Tf he found a defect, he could not return her but ask for what the defect had reduced from her price.’ I then asked, ‘Is this how Ali, ‘Alayhi al-Salam, had judged?’ He (the Imam) said, ‘Yes, this is the way Ali, ‘Alayhi al-Salam, had judged.’”
6. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Ali ibn al-Hakam from al-‘Ala’ from Muhammad ibn Muslim who has said the following: “One of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, was asked about the case of a man who buys a slave-girl, then does sexual intercourse, then finds defect in her, and he (the Imam) said, ‘She cannot be returned to her owner, but she can be evaluated as perfect and defective, and the difference of the two prices is returned to the buyer, may Allah grant protection against designating it as her wages.’”
7. Al-Husayn from Muhammad has narrated from Mu’alla’ ibn Muhammad from al-Hassan ibn Ali from Aban from Zurarah who has said the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said that Ali ibn al-Husayn, ‘Alayhi al-Salam, would not return a non-pregnant slave-girl after doing sexual intercourse but he (the Imam) would deduct from her price proportionate to the cost of the defect.’”
8. Humayd has narrated from al-Hassan ibn Muhammad from al-from more than one person from Aban from ‘Abd al-Rahman ibn abu ‘ Abd Allah who has said the following: “About the case of a man who buys a slave-girl, then does sexual intercourse, then finds her to be pregnant, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘He must return her with something.’”
9. Aban has narrated from Muhammad ibn Muslim who has said the following: “About the case of a man who buys a pregnant slave-girl and does sexual intercourse with her when he did not know, abu Ja‘far, ‘Alayhi al-Salam, has said, ‘He must return her and clothe her.’”
10. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Darraj from certain persons of our people who has said the following: “About the case of a man who buys a slave-girl and makes her to give birth, then finds her to be stolen, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Her owner takes the slave-girl and the man takes the child.’”
11. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from those whom he has mentioned from Zur’ah ibn Muhammad from Sama‘ah 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 a slave-girl as virgin but she is not found virgin. He (the Imam) said, ‘He cannot return and there is nothing on him, it (virginity) may go away because of illness or something that affects it.’”
12. Al-Husayn from Muhammad has narrated from al-Sayyariy who has said that it is narrated from ibn abu Layla’ to whom a man brought his disputing party and said: “This man has sold a slave-girl to me and I did not find any pubic hair on her when she uncovered as if it did not exist.” Ibn abu Layla’ said that people play tricks about it to remove. “What is it that you disliked?” The man said, “Judge, if it is defect judge in my favor.” He said, “Wait until I come back because I feel trouble in my stomach.” He went to Muhammad ibn Muslim al-Thaqafiy and asked, “What do you narrate from abu Ja‘far, ‘Alayhi al-Salam, about a woman who has no pubic hair? Is it a defect?” Muhammad ibn Muslim replied, “I do not know of any exact text about it, however, abu Ja’far, ‘Alayhi al-Salam, would narrate from his ancestors from the Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, who has said that whatever due to the origin of the creation exists then increases or decreases it is a defect.” Ibn abu Layla’ then said, “This is enough.” He returned to the people and issued a judgment accordingly.
13. A number of our people have narrated from Ahmad ibn Muhammad ibn ‘Isa from abu ‘Abd Allah, al-Farra’ from Hariz from Zurarah who has said the following: “I once asked abu Ja’far, ‘Alayhi al-Salam, about the case of a man who buys a slave-girl from the market and makes her to give birth. Then a man comes with proof that she is his slave-girl who is not sold or given as gift to anyone. He (the Imam) said, ’He must return his slave-girl to him along with the benefits he has received from her.’ As if it means, it is the cost of the child.”
14. Ali ibn Ibrahim has narrated from his father from ‘Isma’il ibn Marrar from Yunus who has narrated the following: “In the case of a man who buys a slave-girl that she is said to be a virgin but he does not find her to be as such, he (the Imam), ‘Alayhi al-Salam, said, ’He (the seller) must return the difference of the price if he can verify that what he says is true.’”
15. A number of our people have narrated from Sahl ibn Ziyad from ibn Faddal who has said the following: “Abu al-Hassan, al-Rida’, ‘Alayhi al-Salam, has said, ‘A slave-girl can be returned because of four issues: Madness, leprosy, Bars (leprosy), al-Qarn (something in the vagina that prevents sexual intercourse) and al-Hadbah (convexity) which makes the chest go in and the back come out.’”
16. Al-Husayn from Muhammad has narrated from Mu’alla’ ibn Muhammad from Ali ibn Asbat who has said the following: “I once heard al-Rida’, ‘Alayhi al-Salam, saying, ‘The choice to revoke a contract of sale in the case of animals is for three days in favor of the buyer and in non-animal it is as long as they have not departed each other. The happenings of the year are returned after the year.’ I asked, ‘What is happening of the year?’ He (the Imam) said, ‘They are madness and leprosy, Bars (leprosy), and al-Qarn. One who buys and some of these things happen, then the rule is that it is returned to the owner up until the end of the year from the day of purchase.’”
17. Muhammad ibn Yahya and others have narrated from Ahmad ibn Muhammad from abu Hammam who has said the following: “I once heard al-Rida’, ‘Alayhi al-Salam, saying, ‘Slaves, because of the happenings of the year are returned, such as madness, leprosy and Bars (leprosy).’ We then asked, ‘How is the return because of the happenings of the year?’ He (the Imam) said, ‘This is the beginning of the year. If you buy a slave with any of these things up to the month of Dhu al-Hajjah you can return to the owner.’ Muhammad ibn Ali then asked, ‘Are runaway slaves subject to this condition?’ He (the Imam) said, ‘Runaway is not so treated, unless proof is presented that he was a runaway with the owner.’ It is narrated from Yunus also that the time for return in the case of madness, leprosy and Bars (leprosy) is one year. Al- Washsha’ has narrated that time for returning due to madness alone is one year.”
1. Ali ibn Ibrahim has narrated from his father from ibn abu Habib from Muhammad ibn Muslim who has said the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about the case of a man who buys a slave from another man who had two slaves and he says to the buyer, Take both of them then choose whichever you like and return the other’ and he has received payment. The buyer takes both of them but one of them runs away from the location of the buyer. He (the Imam) said, ‘He must return the one with him and take half of the price he has paid, then search for the runaway slave. If he finds him he then chooses either one that he likes and returns the other. If he does not find him the slave belongs to both of them in the manner of equal shares.’”
2. Ali ibn Ibrahim has narrated from his father from ‘Isma’il ibn Marrar from Yunus 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 several men who share a slave-girl who is then entrusted to one of them and he does sexual intercourse with her. He (the Imam) said, ‘His punishment is reduced proportionate to the amount of his share in the ownership of the slave-girl in the form of cash and he is punished proportionate to the amount that does not belong to him. The slave-girl is evaluated for the price that she is worth for. If such price is less than what is paid for her, then what is paid for her is her fair price; but if her price according to the evaluation is more than what is paid for her then this is her fair price and this man is held responsible for his act.’ I then asked, ‘What happens if another one of the shareholders wants to buy her?’ He (the Imam) said, ‘It is up to him but he cannot buy her before Istibra’ (quarantine) and no one of them can buy her without payment.’”
3. Al-Husayn from Muhammad has narrated from Mu’alla’ ibn Muhammad from al-Hassan ibn Ali from Ahmad ibn ‘A’idh from abu Salmah who has said the following: “About the case of two slaves who belong to two people and each is authorized to buy and sell with their properties. The two slaves disagree on something and each one runs to the other’s owner, both of equal physical strength, and buy the other slave from his master. They return to their place each with the claim of buying the other from his master and each says, ‘You are my slave because I have bought you from your master.’ Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘From the place they separate from each other the distance is measured, then whoever was closer is the winner. If the distance is the same then whoever has reached the master of the other faster is the winner. He can then sell the other or keep, as he likes, but he cannot beat him up.’ In another Hadith it is said that if the distance is the same the case is decided by casting raffle to find out who is the winner.’”
1. Ali ibn Ibrahim has narrated from his father from Ahmad ibn Muhammad from Muhammad ibn ‘Isma’il has narrated from al-Fadl ibn Shadhan from ibn abu ‘Umayr from Mu‘awiyah ibn ‘Ammar who has said the following: “I heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘Once captives were brought to the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, from Yemen. When they arrived at al-Juhfah, their supplies depleted and they sold one girl from the captives whose mother was with them. When they came to the Holy Prophet, he heard her crying and he asked, ‘What for is this crying?’ They replied, ‘O Messenger of Allah, our supplies depleted, so we sold her daughter.’ He (the Messenger of Allah) sent what was paid for her and brought her back. He (the Messenger of Allah) said, ‘You must sell them together or keep them together.’”
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 the case of two slaves who are brothers; if they can be separated from each other or a woman slave, if she can be separated from her children. He (the Imam) said, ‘No, it is not lawful unless they want it.’”
3. Ali ibn Ibrahim has narrated from his father from Ahmad ibn Muhammad from 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: “I once bought a slave-girl from al-Kufah for abu ‘Abd Allah, ‘Alayhi al-Salam. He then went so she can do a certain task. She said, ‘O mother!’ Abu ‘Abd Allah, ‘Alayhi al-Salam, asked, ‘Do you have a mother?’ She replied, ‘Yes, I have a mother.’ He (the Imam) commanded to return her and said, ‘On keeping her I did not feel safe from seeing in my children what I dislike to see.’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-‘Abbas ibn Musa from Yunus from ‘Arm ibn abu Nasr who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, if one can buy a small slave-girl. He (the Imam) said, ‘If she is independent of her parents, it is not unlawful.’”
5. Muhammad has narrated from Ahmad ibn Muhammad from al-FIusayn ibn Sa‘id from al-Nadr ibn Suwayd from ibn Sinan who has said the following: “About the case of a man who buys a slave-girl or a slave boy who has a brother or sister, or father or mother in a city of the cities, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘He must not take such slave out of that city to another city if the slave is a minor and must not buy such slaves but if the slave has a mother who agrees as well as the slave, then you can buy.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Musa ibn Bakr from al-Fudayl who has said the following: “Once, a slave said to abu ‘ Abd Allah, ‘Alayhi al-Salam, ‘I had said to my master, “Sell me for seven hundred dirham, I pay you three hundred dirham.’” Abu ‘Abd Allah, ‘Alayhi al-Salam, said, ‘If you owned something on the day you made the condition then you must pay, and if you did not have anything on that day, there is nothing on you.’”
2. A number of our people have narrated from Sahl ibn Ziyad from ibn Mahbub from Fudayl who has said the following: “A Sindiy slave once said to abu ‘Abd Allah, ‘Alayhi al-Salam, ‘I said to my master, “Sell me for seven hundred dirham, I pay you three hundred dirham.’” Abu ‘Abd Allah, ‘Alayhi al-Salam, said, ‘If you owned something on the day you made the condition then you must pay, and if you did not have anything on that day there is nothing on you.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Ali ibn abu Hamzah from abu Basir who has said the following: “This is concerning my question before abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of advance payment in buying animals. He (the Imam) said, ‘It is not unlawful.’ I then asked him (the Imam) if I can make an advance payment for known years or something known like slaves and I pay more or less than his stipulation with consent and happiness. He (the Imam) said, ‘It is not unlawful.’”
2. Ali ibn Ibrahim has narrated from his father from ‘Abd al-Rahman 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, about the case of a man who gave a note to another man for a servant for an appointed time and his party said, ‘I could not find a servant for you, you take from me the cost of your servant today in the form of the value.’ He (’Amir al- Mu’minin) has said, ‘He can refuse to take anything other than his servant or the note that he had given him at first without any thing added.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘ Umayr from Jamil ibn Darraj from Zurarah who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Advance payment to buy an animal is not unlawful if the age of animals is clearly described.’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from ibn Bukayr from ‘Ubayd ibn Zurarah who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Advance payment to buy an animals is not unlawful if it (the animal) is clearly made known.’”
5. Ahmad ibn Muhammad has narrated from Ali ibn al-Hakam from Sayf ibn ‘Amirah from abu Maryam al-Ansariy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that his father would not consider advance payment to buy an animal unlawful for a clearly known merchandise and time.”
6. Ahmad ibn Muhammad from has narrated from Ali ibn al-Hakam from Qutaybah al-‘A’sha’ who has said the following: “About the case of a man who makes advance payment for sheep of a certain age for an appointed time and the party gives him four years old in place of three years old, abu ‘Abd Allah, ‘Alayhi al- Salam, asked, ‘Is it not true that he has made advance payment for (animals of) known age and on an appointed time? I replied, ‘Yes, that is true.’ He (the Imam) said, ‘It is not unlawful.’”
7. Ahmad ibn Muhammad from and Ali has narrated from his father all from ibn abu ‘Umayr from abu al-Mighra’ from al-Halabiy who has said the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about the case of a man who made an advance payment for things of clearly described age and color; then the party gave him more or less than the set condition. He (the Imam) said, ‘If it is with fine consent it is not unlawful.’”
8. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “Once abu ‘ Abd Allah, ‘Alayhi al-Salam, was asked about the case of a man who made and advance payment to buy sheep of three and less than three years old and others for an appointed time. He (the Imam) said, ‘It is not unlawful if the one who must provide sheep cannot have all that he is responsible for; the buyer can have half, one-third, two-third with the capital of the rest of the sheep in the form of dirhams. They can take below their condition and not above the condition and this applies to sacks of wheat, barley and saffron and sheep also.’”
9. Ali ibn Ibrahim has narrated from his father from ‘Isma’il ibn Marrar from Yunus from Mu‘awiyah who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who made an advance payment for things of clearly described age and appointed time and not clearly described ages; then he was given below the condition. He (the Imam) said, ‘If it is with fine consent from him and from you it is not unlawful.’ I then asked about a man who made an advance payment to buy sheep of three years and less than three years and others for an appointed time. He (the Imam) said, ‘It is not harmful.’ ‘In case he cannot provide all of them, can he ask the party to accept half or one-third and take back the capital for the remaining sheep in the form of dirhams?’ He (the Imam) said, ‘It is not unlawful but they must not take up his condition without fine consent of the owner.’”
10. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from more than one person from Aban from Hadid ibn Hakim who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who bought skins from the butcher to give him every day something clearly known. He (the Imam) said, ‘It is not unlawful.’”
11. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from abu Ayyub from Sama‘ah who has said the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about advance payment to buy animals. He (the Imam) said, ‘The age must be clearly known and the numbers must be made known for the known time, then it is not unlawful.’”
12. Abu Ali al-Ash’ariy has narrated from certain persons of his people from Ahmad ibn al-Nadr from ‘Amr ibn Shamir from Jabir who has said the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about the case of advance payment for meat. He (the Imam) said, ‘You must not go close to it because one time he gives you fatty, one time what is about to become spoilled and one time he gives you boney. Buy with examination and in hand in hand manner.’ I then asked about advance payment for containers of water. He (the Imam) said, ‘You must not go close to it because one time he gives you less and one time complete. Buy it with examination; it is safe for you and for him.’”
13. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from abu Wallad al-Hannat who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man saying, ‘He has sheep that milks and the milk is abundant every day, if one can buy from him five hundred Ritl (a certain unit of measurement) or more and every one hundred Ritl for so and so much dirham then every day take certain Ritl until the deal is complete.’ He (the Imam) said, ‘It is not unlawful (for this) and similar things.’”
14. Muhammad ibn ‘Isma’il has narrated from al-Fadl ibn Shadhan from Safwan ibn Yahya from Qutaybah al-’A‘sha’ who has said the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked, when I was present, by a man who said, ‘My brother comes from and goes to the mountains, milks sheep of known age for an appointed time; then he is given four years old in place of three years old.’ He (the Imam) asked, ‘Is it with fine consent of his party?’ he replied, ‘Yes, it is so.’ He (the Imam) said, ‘It is not unlawful.’”
1. A number of our people have narrated from Ahmad ibn Muhammad ibn ‘Isa from Mu‘awiyah ibn Hakim from Muhammad ibn Hubab al-Jallab who has said the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about the case of a man who bought one hundred sheep; if so and so many of them were changed. He (the Imam) said, ‘It is not permissible and it is not lawful. 5 ”
2. Ahmad ibn Muhammad has narrated from ibn abu ‘Umayr from ‘Abd al-Rahman ibn al-Hajjaj from Minhal al-Qassab who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of my buying sheep or a group’s buying sheep saying, ‘They enter a house, then a man stands at the door counts one, two, three, four, and five, then calls it one share.’ He (the Imam) said, ‘It is not valid. Shares are valid only when they are equal.’”
3. A number of our people have narrated from Sahl ibn Ziyad and Ahmad ibn Muhammad from al-Hassan ibn Mahbub from Zayd al- Shahham who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who bought the shares of butchers before the shares were taken out. He (the Imam) said, ‘Nothing can be purchased until it is known where the shares come. If he buys like this he has the choice to buy or not to buy it.’”
Sahih· al-Majlisi
Recueils sunnites : texte du jeu de données ouvert hadith-api. Al-Kafi : texte arabe, traduction de Muhammad Sarwar et authentifications de Thaqalayn.net via l'API Thaqalayn. La numérotation suit ces éditions et peut différer d'une copie imprimée — vérifiez l'arabe dans une édition de confiance avant de vous appuyer sur une référence.
