Ceci est la partie 19 sur 22 de « The Book of Livelihood and Commerce (al-Ma'isha) », livre 18 de Al-Kafi — Hadith 9 206–9 255. 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.
5. A number of our people have narrated from Sahl ibn Ziyad from ‘Ubayd Allah al-Dihqan from Musa ibn Ibrahim who has said the following: “This is concerning my question before abu al-Hassan, ‘Alayhi al-Salam, about selling grass and pastures. He (the Imam) said, ‘It is not unlawful, the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, had reserved al-Naqi‘ (name of a place) for the horses of the Muslims.’”
1. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from Sa‘id al-A‘raj who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who has a share of water with a people in a canal as partners and certain ones among them stand free of need of their share of water; if he can sell his share. He (the Imam) said, ‘Yes, he can do so, he can sell it in exchange for xvariq (dirham) or if he likes, he can sell for a measure of wheat.’”
2. Muhammad ibn Yahya has narrated from ‘Abd Allah ibn Muhammad from Ali ibn al-Hakam from and Humayd ibn Ziyad from al- Hassan ibn Sama‘ah from Ja’far ibn Sama‘ah all from Aban who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, prohibited al-Nitaf and al-Arbi‘a’. He said, ‘Al-Arbi‘a’ is constructing, something as a dam, to hold water to water the land, then he stands free of need for such water.’ He said, ‘You must not sell it but allow your neighbor to use it.’ Al-Nitaf is a share that one has in a body of water, then he stands free of need for such a share. And he (the Messenger of Allah) would say, ‘You must not sell it but allow your neighbor to use it or your brother.’”
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father all from my from Hakam ibn Ayman from Ghiyath ibn Ibrahim who has said the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘The Messenger of Allah once issued a judgment about the flood of the valley of Mahzur (name of a place). The amount of water that those of higher areas can hold is up to the anklebones for palm trees and up to one’s shoelaces for plantation. Thereafter water must be allowed for those below that; for plantation up to the shoelace and for the palm trees up to the anklebone, then allow water for those yet lower.’ Ibn abu ‘Umayr has made a statement that Mahrzur is the name of an area in the valley.”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Yahya from Ghiyath ibn Ibrahim who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, issued a judgment about the flood water of valley of Mahzur by which those of higher area could hold water for palm trees up to the anklebones and for plantation up to shoelaces.”
5. A number of our people have narrated from Sahl ibn Ziyad from Ali ibn Asbat from Ali ibn Shajarah Hafs ibn Ghiyath who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, issued a judgment about the flood water of valley of Mahzur for palm trees up to the anklebones and for plantation up to shoelaces.”
6. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Muhammad ibn ‘Abd Allah ibn Hilal from ‘Uqbah ibn Khalid who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, issued a judgment about water for palm trees from flood water that said, ’Those of the higher area drink before the lower ones, and water is left up to the anklebones; then water is allowed for the lower ones which is next until all gardens’ needs are met and water is depleted.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Muhammad ibn Humran from Muhammad ibn Muslim who has said the following: “I once heard abu Ja’far, ‘Alayhi al-Salam, saying, ‘Whoever of people revive a land and build it, they are more deserving to have it and it is for them. 5 ”
2. A number of our people have narrated from Sahl ibn Ziyad Ahmad ibn Muhammad from Ahmad ibn Muhammad all from ibn Mahbub from Mu‘awiyah ibn ‘Ammar who has said the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘Whoever comes upon a ruined barren place, then finds out and digs its canals and builds it, he owes charity. If the land belonged to a man before him who has disappeared, abandoned it and ruined it, then came thereafter, he has to take notice that the land belongs to Allah and to those who build it.’”
3. Ali ibn Ibrahim has narrated from his father from Hammad from Hariz from Zurarah who has said the following: “ Abu Ja‘far, ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, ‘One who revives a barren (dead) land, it becomes his land.”’
4. Hammad has narrated from Hariz from Zurarah and Muhammad ibn Muslim and abu Basir and Fudayl and Bukayr and Humran and ‘Abd al-Rahman ibn abu ‘Abd Allah who has said the following: “Abu Ja‘far, and abu ‘Abd Allah, ‘Alayhim al-Salam, have said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, ‘Whoever revives a barren (dead) land, it becomes his land.’”
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from Hisham ibn Salim from abu Khalid al- Kabuliy who has said the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘We have found in the book of Ali, ‘Alayhi al-Salam, that the land belongs to Allah which He makes whomever of His servant He wants to inherit; and the end result is in favor of the pious people. We and the people of the House have inherited the earth and we are the pious ones. All of the earth belongs to us. Whoever of the Muslims revives and builds it and pays taxes to the Imam from the people of the House, he can eat thereof. If he abandons and ruins it and then another person of the Muslims takes it after him, builds it and revives it, he then is more rightful than the one who has abandoned it. So he pays taxes to the Imam from the House and he can eat thereof until the reappearance of al-Qa’im from the people of my house with the sword to control and protect it. He sends them in exile just as the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, protected it, except for what is in the hands of our followers who will then contract with him for what is in their hands and he, ‘Alayhi al-Salam, will leave it in their hands.’”
6. Ali ibn Ibrahim has narrated from his father from af-Nawfaliy from af-Sakuniy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, ‘Whoever plants a tree or digs a valley as the first one before anyone else and revives a land which is barren (dead), it becomes his land from Allah and the Messenger of Allah, ‘O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from Ali ibn Hadid from Jamil ibn Darraj from certain persons of our people who has said the following: “One of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, The right of al- Shuf’ah (pre-emption) of an asset belongs to a business partner who has not yet departed partnership.’”
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Um ay r from Jamil ibn Darraj from Mansur ibn Hazim who has said the following: “Regarding my question before ‘ Abd Allah, ‘Alayhi al-Salam, about a house which is among the houses that have one driveway through a courtyard and one of them sells to a man, if the people sharing the driveway can apply their al-Shuf’ (one’s rights of pre-emption). He (the Imam) said, ‘If he has sold his house and has changed its driveway to another driveway then such right is not applicable; but if he has sold the house along with its driveway then they can apply such right.’”
3. Ali ibn Muhammad has narrated from Ibrahim ibn Ishaq from ‘Abd Allah ibn Hammad from Jamil ibn Darraj from Muhammad ibn Muslim who has said the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘When division takes place, al-Shuf ’ (one’s rights of pre- emption) ceases to apply.’”
4. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Muhammad ibn ‘Abd Allah ibn Hilal from ‘Uqbah ibn Khalid who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, issued a judgment in favor of al- Shuf’ (one’s rights of pre-emption) in the case of partners in the ownership of land and houses, saying, “Harming and causing harm because of suffering harm is not lawful.” He (the Messenger of Allah) also said, “Once division takes place and boundaries are set al-Shuf’ (one’s rights of pre-emption) ceases to exist.’””
5. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Yazid ibn Ishaq Sh‘ir from Harun ibn abu Hamzah al- Ghanaviy who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about al-Shuf’ (one’s rights of pre-emption) in the case of houses; if it is obligatory on the neighbor to offer to the neighbor because of his priority right to buy. He (the Imam) said, ‘Al-Shuf’ (one’s rights of pre-emption) is applicable in selling if one is a partner; he is more rightful to buy with payment.’”
6. Ali ibn Ibrahim has narrated from his father from al-Nawfaliy from al-Sakuniy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Al-Shuf’ (one’s rights of pre-emption) does not apply in the case of Jews and Christians. It only applies to a partner who has not concluded the partnership.’ He (the Imam) has said, that ’Amir al-Mu’minin, ‘Alayhi al-Salam, has said, ‘The Executor of the will for an orphan is like his father who applies al-Shuf’ if it is in his interest’, and he (the Imam) said that al- Shuf’ applies in favor of and absent person also.”
7. Ali ibn Ibrahim has narrated from his father from Muhammad ibn ‘Isa ibn ‘Ubayd from Yunus ibn ‘Abd af- Rahman from ‘Abd Allah ibn Sinan who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Al-Shuf’ (one’s rights of pre-emption) is applicable only between two partners who have not concluded the partnership. If they become three then one of them does not have such right.’”
8. Yunus has narrated from certain persons of his people who have said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about al-Shuf ’ (one’s rights of pre-emption), in whose favor it is, in what it is, in whose favor it is proper, if in the case of animals it applies and how it is. He (the Imam) said, ‘ Al-Shuf ’ is applicable to animals, land or assets if it is between two partners and not more than two. When one of them sells his share then his partner has such right more than others, but if they are more than two it does not apply to one of them.’ It is also narrated that it does not apply to anything other than land and houses.”
9. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from al-Kahiliy 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 house which a certain people divided, each one took a piece, built and left in between a courtyard with the driveway on it. A man came and bought the share of someone among them; if he can do so. He (the Imam) said, ‘Yes, he can do so but he must close his door and open a door to a driveway or climb down from the top of the house and close its door. When the owner of the driveway decides to sell, they have the right more than others, otherwise, it is the pathway through which he comes to set on that door.’”
10. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from Ahmad ibn al-Hassan al-Mithamiy from Aban from abu al-‘Abbas and ‘Abd al-Rahman ibn abu ‘Abd Allah who has said the following: “We heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘ Al-Shuf ’ (one’s rights of pre-emption) is applicable only between two partners who have not concluded their partnership.’”
11. Ali ibn Ibrahim has narrated from his father from al-Nawfaliy from al-Sakuniy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, ‘ Al-Shuf ’ (one’s rights of pre-emption) does not apply to ship, canal or road.’”
1. Muhammad ibn Yahya has narrated from ‘Abd Allah ibn Muhammad from Ali ibn al-Hakam and Humayd ibn Ziyad from al-Hassan ibn Muhammad from more than one person from Aban ibn ‘Uthman from ‘Isma’il ibn al-Fadl al-Hashimiy who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who rents, from al-Sultan a piece of land of al-Kharaj that belongs to tax payers, because of the failure of the owners. He (the Imam) said, ‘If the owners fail, you can take such land unless it is harmful to the owners. If you pay a certain amount to the owners and it helps to make them agree, then you can have such land.’ I then asked him (the Imam) about the case of a man who bought a piece of al-Kharaj land, then built in it or not except that tax payer people arrived therein, if he could receive the rent of houses from them if they pay taxes on their persons. He (the Imam) said, ‘He must stipulate it with them and after stipulation it is lawful.’”
2. Al-Husayn ibn Muhammad has narrated from Mu’alla’ ibn Muhammad from al-Hassan ibn Ali from Aban from Zurarah who has said the following: “He (the Imam), ‘Alayhi al-Salam, has said, ‘It is not unlawful if tax payers buy land, if they build and revive it, it becomes their land.’”
3. Ali ibn Ibrahim has narrated from his father from Hammad ibn ‘Isa from Hariz from Muhammad ibn Muslim from abu Ja‘far, ‘Alayhi al-Salam, and from al-Sabatiy and from Zurarah who has said the following: “This is regarding their question before one of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, about buying the land of farmers of al-Kharaj land. He (the Imam), ‘Alayhi al-Salam, said, ‘On its coming (the time of the rise of al-Mahdiy with Divine Authority and Power) the land will be taken away or you pay what is due on it of al-Kharaj.’ ‘Ammar has said that he (the Imam) then turned to me and said, “You can buy it because your right on it is more than that of others.’””
4. A number of our people have narrated from Sahl ibn Ziyad and Ahmad ibn Muhammad from ibn Mahbub from al-‘Ala’ from Muhammad ibn Muslim who has said the following: “This is concerning my question before abu Ja‘far, ‘Alayhi al-Salam, about buying the land of tax payers (non-Muslims). He (the Imam) said, ‘It is not unlawful. On its coming (the time of the rise of al-Mahdiy with Divine Authority and Power) you will pay what they pay.’ I then asked him (the Imam) about the case of a man from people of al-Nil and a land that he had bought at the outlet of al- Nil about which people of that area said it was their land and people of al-‘Ustan said it was of their land. He (the Imam) said, ‘You must not buy it without agreement of its owner.’”
5. Ali ibn Ibrahim has narrated from his father from ‘Isma’il ibn Marrar from Yunus from ‘Abd Allah ibn Sinan from his father who has said the following: “I once said to abu ‘Abd Allah, ‘Alayhi al-Salam, that I had a piece of land of al-Kharaj which had caused to me great difficulties. He (the Imam) remained quiet for a while, then said, ‘On its coming (the time of the rise of al-Mahdiy with Divine Authority and Power) your share of the land will be greater than this and on such time ‘Ustan will be more ideal piece of land than their pieces.’”
1. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from more than one person from Aban Ahmad ibn Muhammad from Muhammad ibn Yahya from ‘Abd Allah ibn Muhammad from Ali ibn al-Hakam from Aban from ‘Isma’il al-Fadl al-Hashimiy who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about free labor in villages and what is taken of al-‘Aluj (infidels) and laborers on hire. He (the Imam) said, ‘Stipulate with them. Whatever you have stipulated with them like dirhams, their free labor and other things, then it is for you; but you cannot take from them anything without stipulating, even if you are almost certain (of its lawfulness) that whoever comes to that village that much is taken from him.’ I then asked him (the Imam) about a man who built on his land next to his neighbor, houses or a house, then the people of the house became his neighbors; if he could remove them despite their dislike. He (the Imam) said, ‘They are free to disembark wherever they like and move wherever they like.’”
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Darraj from Ali al-Azraq who has said the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, said, when he was about to leave this world to Ali, ‘Alayhi al-Salam, “O Ali, you must not allow that farmers be oppressed before you; and you must not allow taxes on land to increase and you must not allow free labor on a Muslim” (meaning free labor when he is hired).”’
3. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from ibn Muskan from al-Halabiy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin, would write to his agents, ‘You must not make Muslims to perform free labor. Whoever of you asks for what is not obligatory, he has committed transgression and you must not give him anything.’ He (‘Amir al-Mu’minin) would write and recommend about farmers good advice, about them and laborers on hire.’”
4. A number of our people have narrated from and Sahl ibn Ziyad from ibn Mahbub from ibn Sinan who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The duration of stay to demand al-Kharaj (taxes) from people of al-Kharaj is three days.’”
5. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘He (the tax collector agent) stays to demand al-Kharaj from the people of al-Kharaj for three days.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Al-Husayn ibn al-Bashshar who has said the following: “About the case of a broker who shows houses and assets for a certain amount of fee, abu al-Hassan, ‘Alayhi al-Salam, said it is not unlawful.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from and others from ‘Abd Allah ibn Sinan who has said the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked, when I was listening, ‘We order a man to buy land, slave, a house or a servant for us and assign a certain amount for him. He (the Imam) said, ‘It is not unlawful.’”
3. Ahmad ibn Muhammad has narrated from ibn abu ‘Umayr from certain persons of our people of slave traders who has said the following: “I once bought a slave-girl for abu ‘Abd Allah, ‘Alayhi al-Salam, and he (the Imam) gave me four dinars but I declined. He (the Imam) said, ‘You must take it’ and I took it and he (the Imam) said, ‘You must not take anything from the seller.’”
4. A number of our people have narrated from Sahl ibn Ziyad and Ahmad ibn Muhammad from ibn Mahbub from ‘Abd Allah ibn Sinan who has said the following: “Once, a man asked abu ‘Abd Allah, ‘Alayhi al-Salam, when I was listening, ‘We perhaps order a man to buy for us land, house, slave or slave-girl and assign for him a certain amount. He (the Imam) said, ‘It is not unlawful.’”
5. It is narrated from the two of them from ibn Mahbub from abu Wallad and others who has said the following: “They have said that abu Ja‘far, ‘Alayhi al-Salam, has said, ‘Payment for brokerage fee to a broker who buys goods for people day after day is not unlawful.’”
1. A number of our people have narrated from Ahmad ibn Muhammad from ibn Mahbub from ibn Ri’ab who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It is not proper for a Muslim man to become a partner of al-Dhimmiy (non-Muslim tax payer) and not to give him goods for business, leave safe deposit with him and not to have pure friendly relationship with him.’”
2. Ali ibn Ibrahim has narrated from his father from al-Nawfaliy from al-Sakuniy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin did not like partnership with Jews, Christians, al-Majusiy, unless it was a hand in hand business deal in the presence of the Muslim.”’
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Ibrahim al-Kharkhiy who has said the following: “I once bought a slave-girl for abu ‘ Abd Allah, ‘Alayhi al-Salam, and went to get dirhams and I asked him (the Imam), ‘Can I ask to reduce the price ? 5 He (the Imam) said, ‘No, because the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, prohibited asking for reduction after the deal is finalized.’”
2. A number of our people have narrated from Ahmad ibn Muhammad from certain persons of our people from Mu‘awiyah ibn ‘Ammar from Zayd al-Shahham who has said the following: “I once took a slave-girl to abu ‘Abd Allah, Alayhi al-Salam. He (the Imam) bargained and I also bargained very hard. I then sold her to him (the Imam) and he (the Imam) shook my hand and I said, ‘I pray to Allah to keep my soul in service for your cause, I bargained hard to see if it was permissible or not and I said, “I reduce the price by ten dinar.’” He (the Imam) said, ‘Never, however, this could have happened before shaking hands. Have you not heard the words of the Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, “Asking for reduction after handshake is unlawful”?”’
1. Ali ibn Muhammad has narrated from Muhammad ibn Ahmad from Muhammad ibn ‘Isa from certain persons of his people who has said the following: “This is concerning my question before abu al-Hassan, ‘Alayhi al-Salam, about the people who work for hire and we make a deal with them to farm for us and they say, ‘We have estimated this farm for so and so much and if you give it to us we guarantee your share according to our estimation.’ He (the Imam) asked, ‘Is it completed?’ I replied, ‘Yes, it is complete.’ He (the Imam) said, ‘It is not unlawful.’ I then asked, ‘He afterward comes and says that estimation is not as it was supposed to be and it is less.’ He (the Imam) said, ‘Do they return to you if it is more than estimated?’ I replied, ‘No, they do not return to us anything.’ He (the Imam) said, ‘You have the right to take according to the estimation, just as when it is more than estimation, they keep the extra, so also it is on them if it is less than estimation.’”
1. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from Ishaq ibn ‘Ammar who has said the following: “This is concerning my question before abu Ibrahim, ‘Alayhi al-Salam, about the case of a man who hires a man for a certain amount of wages and sends him to work; but he gives dirhams to another man and asks him, ‘Buy such and such things; we will share the profit.’ He (the Imam) said, ‘If the one who has hired gives permission, it is not unlawful.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-‘Abbas ibn Musa from Yunus from Sulayman ibn Salim who has said the following: “This is concerning my question before abu al-Hassan, ‘Alayhi al-Salam, about the case of a man who hires another man for a certain amount of wages and dirham to send him to a certain land. When he arrives in that land one of his friends invites him with who he stays for one or two months where he does not need to spend from the supplies of his employer. After calculating he finds out that the amount his employer had provided is not enough and that his expenses have been taken care of by the resources of his friend; if the shortages in his expenses is the responsibility of the employee or the employer. He (the Imam) said, ‘It is on the employer if it serves his interests, but if it does not serve his interest then it is on the employee.’ I then asked about the case of a man who hired another man for a certain amount of wages and did not explain anything about his sending him (the employee) to another land, and then whose responsibility was his expenses such as washing clothes and bathing? He (the Imam) said, ‘It is the responsibility of the employer.’”
3. Ahmad ibn Muhammad has narrated from ibn abu ‘Umayr from Ali ibn ‘Isma’il ibn ‘Ammar from ‘Ubayd ibn 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 comes to another man and says, ‘Write for me for a few dirham.’ He says, ‘I take from you and write (in your presence).’ He (the Imam) said, ‘It is not unlawful.’ I then asked about a man who hires a slave who says, ‘Make my master agree for whatever amount you like but so and so much dirham will be for me’, if this becomes binding upon the employer and if it is lawful for the slave. He (the Imam) said, ‘It does not become binding upon the employer and it is not lawful for the slave.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Sulayman ibn Ja’far al-Ja’fariy who has said the following: “I once was with al-Rida’, ‘Alayhi al-Salam, because of a certain work and I wanted to leave for my home but he (the Imam) said, ‘Come with me and stay for the night with me/ I went with him (the Imam), he entered in his house with al-Mu‘attib and looked at his slaves who worked with clay, in the animal barn and other things and with them there was a black man who was not one of them. He (the Imam) asked, ‘Who is this man with you?’ They replied, ‘He is helping us and we will give him something.’ He (the Imam) then asked, ‘Have you determined how much you must pay him?’ They replied, ‘No, because he will agree with whatever we will give him.’ He (the Imam) turned upon them using a whip, expressing intense anger. I then said, ‘I pray to Allah to keep my soul in service for your cause, please do not take it upon yourself.’ He (the Imam) said, ‘I have prohibited them many times from allowing anyone to work with them without determining his wages. I know that there is no one who works for you in anything without determining his wages; then you pay him three times more than what his work is worth for, he still thinks that you have paid him less than his wages; but if you determine his wages first, then pay his wages he will be grateful to you for keeping your promise and if you increase even by one grain he will recognize it as your favor and see that you have paid him extra.’”
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hisham ibn al-Hakam who has said the following: “About the case of porters and a man working for hire, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘You must pay him before his perspiration dries up.’”
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ‘Isma’il from Hanan from Shu’ayb who has said the following: “We once hired a people for abu ‘Abd Allah, ‘Alayhi al-Salam, to work in his garden and they were suppose to work until the time of al-‘Al-‘Asr. When they finished, he (the Imam) said to Mu‘attib, ‘Pay them their wages before their perspiration dries up.’”
Muwaththaq· 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.
