Book of Preconditions

The Sahih Collection of al-Bukhari

by Imam Bukhari
Translated by: Ustadha Aisha Bewley

Chapter 59. Book of Preconditions

I: Preconditions which are permitted in Islam, provisions and contracts

2564. It is related from Marwan and al-Miswar ibn Makhrama from the Companions of the Messenger of Allah, "When Suhayl ibn 'Amr wrote the document on that day, one of the preconditions which Suhayl ibn 'Amr stipulated from the Prophet, may Allah bless him and grant him peace, was: "If anyone comes to you, even if he has your deen, you will return him to us and not come between us and him.' The believers disliked that and resented it. Suhayl refused to accept anything but that, so the Prophet, may Allah bless him and grant him peace, wrote it with him on that basis. On that day he returned Abu Jandal to his father, Suhayl ibn 'Amr. Any man who came to him he returned in that period, even if he was a Muslim. Believing women came as emigrants, and Umm Kulthum bint 'Uqba ibn Abi Mu'ayt was one of those who came to them on that day.She was a young girl. Her people came to ask the Prophet, may Allah bless him and grant him peace, to return her to them, but he did not return her to them since Allah had revealed about them, 'When believing women come to you as emigrants, submit them to a test. Allah has best knowledge of their faith. If you know they are believers, do not return them to the rejectors.They are not lawful for the rejectors nor are the rejectors lawful for them.' (60:10)"

It is reported from 'A'isha that the Messenger of Allah, may Allah bless him and grant him peace, used to examine them by this ayat, "O you who believe! When believing women come to you as emigrants, submit them to a test. ... to ...Ever-Forgiving, Most Merciful." (60:10-12)

'A'isha said, "Whoever of them acknowledged this precondition, the Messenger of Allah, may Allah bless him and grant him peace, would say to her, 'I have taken a contract of allegiance from you.' These are the words he used to say and, by Allah, he never touched the hand of a woman in the contract of allegiance, and he only made the contract of allegiance with them by his words."

2565. It is related that Jarir was heard to say, "I offered allegiance to the Messenger of Allah, may Allah bless him and grant him peace, and he imposed a condition on me: 'Give good counsel to every Muslim.'"

2566. It is related that Jarir ibn 'Abdullah said, "I offered allegiance to the Messenger of Allah, may Allah bless him and grant him peace, on the condition that I would perform the prayer, pay the zakat, and offer sincere counsel to every Muslim."

II: When palm-trees are sold after they have been pollinated

2567. It is related from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone sells palm-trees which have been pollinated, their fruits belong to the seller unless the buyer makes a stipulation about their inclusion."

III: Preconditions in Sales

2568. It is related that 'A'isha reported that Barira came to her to seek her help in her freedom-contract (kitaba) and she had not paid any of her kitaba. 'A'isha said to her, "Go back to your people. If they like, I will pay off your kitaba for you and your wala' will then belong to me. I will do that.' Barira mentioned that to her people, but they rejected it. They said, "If she wishes to do it seeking a reward for you, let her do it and your wala' will belong to us." She mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and he said to her, "Buy her and set her free. The wala' belongs to the one who sets free."

IV: When the seller makes a condition of having the use of the animal's back to a certain place, that is permitted

2569. It is related from Jabir that he was travelling on a camel of his which had become tired. "The Prophet, may Allah bless him and grant him peace, passed and struck it and made supplication for it. Then it went in an unparalleled manner. Then he said, 'Sell it for an awqiyya.' I said, 'No.' Then he said, 'Sell it for an awqiyya.' So I sold it to him and I made a condition that it carry me to my family. When we reached Madina, I brought him the camel and he paid me its price and then I left. He sent after me, I will not take your camel. Take your camel, That is a gift for you.'"

Jabir said, "The Messenger of Allah, may Allah bless him and grant him peace, let me use its back to ride back to Madina."

From Mughira, he said, "I sold it provided that I could use its back until I reached Madina."

'Ata' and others have, "You have its back as far as Madina."

From Jabir, "The precondition of using its back to Madina."

From Jabir, "You have its back until you return."

From Jabir, "We let you use its back as far as Madina."

From Jabir, "Use it to reach your family."

From Jabir, "The Prophet, may Allah bless him and grant him peace, bought it for an awqiyya."

Zayd ibn Aslam corroborates it from Jabir. Ibn Jurayj said from 'Ata' and others from Jabir, "Take it for four dinars." This is an awiqyya when the dinar is reckoned is reckoned as ten dirhams. Mughira from ash-Sha'bi did not make its price clear from Jabir, nor Ibn al-Munkadir and Abu'z-Zubayr from Jabir.

From Jabir is, "An awqiyya of gold."

From Jabir is, "A hundred dirhams."

From Jabir, "He bought it on the road to Tabuk. I reckon that he said, 'For four awqiyyas.'"

From Jabir, "He bought it for ten dinars."

The words of ash-Sha'bi about it being for an awqiyya is in most and the precondition is more frequent and I consider it to be sounder." Abu 'Abdullah said that.

V: Preconditions in agreements

2570. It is related that Abu Hurayra said, "The Ansar said to the Prophet, 'Divide the date-palms between us and our brothers.' He said, 'No.' The Ansar said, 'Look after them and we will share the fruits with you.' They [the Muhajirun] said, 'We hear and obey.'"

2571. It is related that 'Abdullah ibn 'Umar said, "The Messenger of Allah, may Allah bless him and grant him peace, gave Khaybar to the Jews provided that they work it and cultivate and [in return] they would have half of what it produced."

VI: Preconditions about the bride-price in the marriage contract

'Umar said, "Rights are in accord with preconditions, and you have what you stipulate."

Al-Miswar said, "I heard the Prophet, may Allah bless him and grant him peace, mention an in-law of his and praised him as an in-law and said he was good. He said, 'When he spoke to me, he spoke the truth to me. When he made me a promise, he kept it to me.'"

2572. It is related that 'Uqba ibn 'Amir said that the Messenger of Allah, may Allah bless him and grant him peace, said, "The most binding of the preconditions which you should fulfil are those by which private parts  are made lawful."

[Meaning the preconditions stipulated in a marriage contract.]

VII: Preconditions in share-cropping

2573. It is related that Rafi' ibn Khadij was heard to say, "Among the Ansar, we did the most work in the fields. We used to rent the land. Sometimes that land would produce and sometimes it would not produce, so we were forbidden to do that, but not forbidden from [letting] it for silver."

VIII: Preconditions which are not permitted in marriage

2574. It is related that Abu Hurayra said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade townsmen selling on behalf of men of the desert, and [said] 'Do not bid against each other, bidding to raise the price. A man should not make a increase a bid to override the sale of his brother nor make a marriage proposal overriding the proposal of his brother. A woman should not ask for the divorce of her sister so that she can get hold of what her sister possesses."

IX: Preconditions which are not permitted in hudud

2575. It is related that Abu Hurayra and Zayd ibn Khalif al-Juhani said, "A bedouin man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, I ask you by Allah, to judge for me by the Book of Allah.' The other opponent, who had more understanding than him, stood up and said, 'Yes, judge between us by the Book of Allah. Give me permission to speak.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Speak.' He said, 'My son works for this man and committed fornication with his wife. I was told that my son must be stoned, and so I ransomed my son with a hundred sheep and a slave-girl. Then I asked the people of knowledge and they informed me, "Your son must receive a hundred lashes and be exiled for a year and this woman must be stoned."' The Messenger of Allah, may Allah bless him and grant him peace, said, 'My the One in whose hand is my soul, I will judge between the two of you by the Book of Allah. The slave-girl and sheep must be returned and your son must receive a hundred lashes and be exiled for a year. Unays, go to the wife of this man and if she confesses, stone her.'" He said, "He went to her and she confessed and the Messenger of Allah, may Allah bless him and grant him peace, commanded that she be stoned."

X: Conditions permitted in the mukatab if he agrees to be sold provided that he will be set free

2576. It is related that 'A'isha said, "Barira came to me while she was a mukataba and said, 'Umm al-Mu'minin, buy me. My people are going to sell me, and you can free me.'" She said, "Yes." Barira went on, "My people will only sell me on the condition that they keep my wala'." She said, "I have no need of you." The Prophet, may Allah bless him and grant him peace, heard that - or it reached him - and he said, "What is the problem of Barira?" He said, "Buy her and set her free and give them the condition they want." She said, "I bought her and set her free and gave her people the condition of her wala'." The Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free, even if a hundred preconditions are made."

XI: Preconditions in divorce

Ibn al-Musayyab, al-Hasan and 'Ata' said, "If he mentions the divorce first or afterwards, he must abide by the condition he made."

[i.e. When he says something like, "If you enter the house, you are divorced" or "You are divorced if you enter the house."]

2577. It is related that Abu Hurayra said, "The Prophet, may Allah bless him and grant him peace, forbade meeting caravans, a Muhajir selling on behalf of a man of the desert, a woman making a precondition of the divorce of her sister, a man overbidding the sale of his brother, and he forbade bidding against one another to raise the price and also leaving animals unmilked [for days to make it appear that the animal has a lot of milk]."

It was corroborated by Mu'adh and 'Abdu's-Samad from Shu'ba. Ghundar and 'Abdu'r-Rahman said, "It is prohibited (passive tense)." Adam said, "We were forbidden." An-Nadr and Hajjaj ibn Minhal said, "He forbade."

XII: Verbal preconditions with people

2578. It is related that Ubayy ibn Ka'b said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'Musa is the Messenger of Allah,' and he mentioned the hadith and where [al-Khidr] said, 'Did I not say that you would not be able to bear with me?' (18:72) The first thing was by forgetfulness; the second time he made a precondition, and the third time was deliberate. He said, 'Do not take me to task because I forgot. Do not demand of me something too difficult.' So they continued until they met a youngster whom he killed. ... So they continued . . .They found a wall there about to fall down and he built it up.' (18:73-77)" Ibn 'Abbas recited it [in a shadhdh reading], "Before them was a king."

XIII: Preconditions in the wala'

2579. It is related that 'A'isha said, "Barira came to me and said, 'My people have given me a freedom-contract (kitaba) for nine awqiyas, one awqiya per year. Can you help me?' She said, 'If your people like, I will count it out for them (in full) and your wala' will then belong to me. I will do that.' Barira went to her people, told them but they rejected it. She came from them when the Messenger of Allah, may Allah bless him and grant him peace, was sitting there. She said, 'I proposed that to them and they refused unless they can keep the wala'.' The Prophet, may Allah bless him and grant him peace, was listening and 'A'isha told the Prophet, may Allah bless him and grant him peace, all about it. He said, 'Take her and make it conditional on receiving the wala'. The wala' belongs to the one who sets free.' 'A'isha did that and then the Messenger of Allah, may Allah bless him and grant him peace, stood up among the people and praised and glorified Allah and then said, 'Why is it that some men make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is stipulated a hundred times. The decision of Allah is more binding and the condition of Allah is firmer. The wala' belongs to the one who sets free.'"

XIV: When a precondition is made in the sharecropping: "If I wish, I can expel you"

2580. It is related that Ibn 'Umar said, "When the people of Khaybar dislocated the joints of 'Abdullah ibn 'Umar, 'Umar stood up to speak and said, 'The Messenger of Allah, may Allah bless him and grant him peace, employed the Jews of Khaybar over their property and said, "We confirm you as long as Allah confirms you." 'Abdullah ibn 'Umar went out to his property there and they attacked him in the night and dislocated its hands and feet. You have no enemy there but them and they are our enemies and those we suspect. I think that they should be expelled.' When 'Umar had decided on that, one of the Banu Abu'l-Huqayq came and said, 'Amir al-Mu'minin! Will you expel us when Muhammad, may Allah bless him and grant him peace, confirmed us and employed us over property and granted us that condition [of residing there]?' 'Umar said, 'Do you think that I have forgotten what the Messenger of Allah, may Allah bless him and grant him peace, said? "How will it be for you when you are expelled from Khaybar and your she-camel will travel with you night after night?"' He said, 'That was a little joke from Abu'l-Qasim.' He said, 'You lie, enemy of Allah!' So 'Umar expelled them and gave them the price of the fruits they had in money, camels, and goods in the forms of camel saddles and ropes, etc."

Another isnad from 'Umar from the Prophet, may Allah bless him and grant him peace, in summary.

XV: Conditions in jihad and making peace with the people of war, and writing down the conditions

2581. It is related from al-Miswar ibn Makhrama and Marwan, the hadith of each supporting the other's, who said, "The Messenger of Allah, may Allah bless him and grant him peace, set out at the time of al-Hudaybiyya. When they had gone part of the way, the Prophet, may Allah bless him and grant him peace, said, 'Khalid ibn al-Walid is at al-Ghamim with the vanguard of the Quraysh cavalry, so go to the right.' By Allah, Khalid was not aware of them until there was the dust of the army appeared. .Then he galloped back to warn Quraysh. The Prophet, may Allah bless him and grant him peace, proceeded until he was at ath-Thaniyya from where they could go down to them and then his camel knelt with him. The people said, 'Go! go!' It stayed put. They said, 'Al-Qaswa' has become headstrong. Al-Qaswa' has become headstrong.' The Prophet, may Allah bless him and grant him peace, said, 'Al-Qaswa' is not headstrong, and that is not her nature. But the One who held back the Elephant has held her back. Then he said, 'By the One in whose hand is my soul, if they ask for anything by which they show respect for the sacred things of Allah, I will grant it to them.' Then he scolded the camel and she got up."

He said, "He turned aside from them until he stopped at the furthest part of al-Hudaybiyya at a pit containing a small amount of water. The people kept taking small amounts from it, and they did not leave it until there was none of it left. So the people complained of thirst to the Messenger of Allah, may Allah bless him and grant him peace. He removed an arrow from his quiver and then commanded that they put it in the pit. By Allah, it continued to flow for them and quench their thirst until they left it. While they were like that, Budayl ibn Warqa' al-Khuza'i arrived with a group of people from Khuza'a. They were the confidents and advisors of the Messenger of Allah from the people of Tihama. Budayl said, 'I left Ka'b ibn Lu'ayy and 'Amir ibn Lu'ayy who have camped at the water-holes of al-Hudaybiyya. They have are milk camels and camels with young with them. They will fight you and bar you from the House.'

"'The Messenger of Allah, may Allah bless him and grant him peace, said, 'We did not come to fight anyone, but we came to perform 'umra. War has weakened Quraysh and caused them harm, so if they wish, I will conclude a truce with them in which they will leave me and the people alone. If I am victorious, then they can enter what people have entered if they so wish. Or, if not, they will have had a respite from war. If they refuse, then, by the One in whose hand my soul is, I will fight them for the sake of this business of mine until I am killed. Let Allah carry out His command.' Budayl said, 'I will convey to them what you say.'"

He said, "He went until he came to Quraysh and said, 'We have come to you from this man and we have heard what he said. If you wish us to present it to you, we will do so.' Their foolish ones said, 'We have no need for you to inform us of anything!' Those of them with good sense said, 'Tell us what you heard him say.' He said, 'I heard him say such-and-such, and such-and-such,' and he recounted to them what the Prophet, may Allah bless him and grant him peace, had said. 'Urwa ibn Mas'ud got up and said, 'O people! Are you not like a father [to me]?' They answered, 'Yes, indeed.' He said, 'Am I not like a son [to you]?' They answerted, 'Yes indeed.' He said, 'Do you suspect me at all?' They answerted, 'No.' He said, 'Do you not know that I summoned for war the people of 'Ukaz, and when they refused me, I came to you with my family and children and those who obeyed me?' They replied, 'Yes indeed.' He said, 'This man has offered you a sensible plan. Accept it and let me go to him.' They said, 'Go to him.' He went to him and began to speak to the Prophet, may Allah bless him and grant him peace. The Prophet, may Allah bless him and grant him peace, said the like of what he had said to Budayl. At that 'Urwa said, 'O Muhammad, do you mean to eradicate your people? Have you heard of anyone of the Arabs who eradicated his people before you? If the other happens, by Allah, I do not see notables here, but rather I see a motley lot of people who will actually flee and desert you.' Abu Bakr said to him, 'Suck al-Lat's nipples! Would we flee from him and desert him!' He asked, 'Who is this?' They said, 'Abu Bakr.' He said, 'By the One who has my soul in His hand, were it not for a favour I owe you and for which I have not repaid you, I would have answered you back!'"

He said, "He began to talk to the Prophet, may Allah bless him and grant him peace, and when he talked, he took hold of his beard. Al-Mughira ibn Shu'ba was standing by the head of the Prophet, may Allah bless him and grant him peace, with a sword and wearing a helmet. Whenever 'Urwa reached his hand toward the beard of the Prophet, may Allah bless him and grant him peace, he would strike his hand with the hilt of the sword. He said to him, 'Keep your hand away from the beard of the Messenger of Allah, may Allah bless him and grant him peace!' 'Urwa lifted his head and asked, 'Who is this?' They replied, 'Al-Mughira ibn Shu'ba.' He said, 'Treacherous one! Am I not striving [to remedy] your treachery?' Al-Mughira had accompanied some people in the Jahiliyya and he killed them and took their money. Then he came [to Madina] and became Muslim. The Prophet, may Allah bless him and grant him peace, said, 'As for his Islam, I accept it. As for the money, I will have nothing to do with it.'

"Then 'Urwa began to scan the Companions of the Messenger of Allah, may Allah bless him and grant him peace, with his eyes. He said, 'By Allah, the Messenger of Allah, may Allah bless him and grant him peace, would not spit but that it landed in the palm of one of their men and he would rub his hand and skin with it. If he gave a command, they hastened to do it. When he did wudu', they would practically fight over his left-over wudu' water. When they spoke, they lowered their voices in his presence and none of them would fix his gaze on him out of respect for him.' 'Urwa returned to his companions and said, 'O people! By Allah, I have visited kings, and I have visited Caesar, Chosroes and the Negus, and by Allah, I have not seen a king whose people respect him as the Companions of Muhammad respect Muhammad. He would not spit but that it landed in the palm of one of their men and he would rub his hand and skin with it. If he gave a command, they hastened to do it. When he did wudu', they would practically fight over his left-over wudu' water. When they spoke, they lowered their voices in his presence and none of them would fix his gaze on him out of respect for him. By Allah, he He has offered you a sensible plan, so accept it.'

"A man of the Banu Kinana said, 'Let me go to him.' They said, 'Go to him.' When he was in sight of the Prophet, may Allah bless him and grant him peace, and his Companions, the Messenger of Allah, may Allah bless him and grant him peace, said, 'This is so-and-so. He is one of the people who have esteem for sacrificial camels. Drive them in front of him.' They were driven in front of him and the people met him saying the talbiya. When he saw that, he said, 'Glory be to Allah! It is not proper to bar these people from the House!' When he returned to his companions, he said, 'I have seen the sacrificial camels which are garlanded and marked. I do not think that these people should be barred from the House.'

"A man among them called Mikraz ibn Hafs caught up and said, 'Let me go to him.' They said, 'Go to him.' When he was in sight of them, the Prophet, may Allah bless him and grant him peace, said, 'This is Mikraz. He is a shameless man.' He began to speak to the Prophet, may Allah bless him and grant him peace, and while he was speaking to him, Suhayl ibn 'Amr arrived."

Ma'mar related from Ayyub from 'Ikrima, "When Suhayl ibn 'Amr came, the Prophet, may Allah bless him and grant him peace, said, 'Your business has become easy for you.'" Ma'mar said that az-Zuhri said in his hadith, "Suhayl ibn 'Amr came and said, 'Write a document between us and you.' So the Prophet, may Allah bless him and grant him peace, summoned the scribe and the Prophet, may Allah bless him and grant him peace, said, 'In the name of Allah, the All-Merciful, the Most Mericful.' Suhayl said, 'By Allah, I do not know what "the All-Merciful" is. Rather write, "In Your name, O Allah," as you used to write.' The Muslims said, 'By Allah, we will only write, "In the name of Allah, the All-Merciful, the Most Merciful!"' The Prophet, may Allah bless him and grant him peace, said, 'Write: 'In Your name, O Allah."' Then he said, 'This is what Muhammad, the Messenger of Allah, has agreed." Suhayl said, 'By Allah, if we had known that you were the Messenger of Allah, we would not have barred you from the House nor fought you. Rather write: "Muhammad son of 'Abdullah."' The Messenger of Allah, may Allah bless him and grant him peace, said, 'By Allah, I am the Messenger of Allah, even if you deny me. Write: "Muhammad son of 'Abdullah."''

Az-Zuhri said, "That is because of his words, 'If they ask for anything by which they show respect for the sacred things of Allah, I will grant it to them.'"

"The Prophet, may Allah bless him and grant him peace, said to him, "On condition that you let us go to the House and do tawaf of it.' Suhayl said, 'By Allah, the Arabs will not say of us that we were forced to submit. Rather that will that place in the coming year.' So he wrote. Suhayl said, 'On the condition that if any of our men comes to you, even if he has your religion, you will return him to us.' The Muslims said, 'Glory be to Allah! How can someone who has come as a Muslim be returned to the idolaters!' At that moment Abu Jandal ibn Suhayl ibn 'Amr arrived dragging his chains, having left the bottom part of Makka. He then threw himself down in the midst of the Muslims. Suhayl said, 'This, O Muhammad, is the first term of the agreement with you - that you return him to me.' The Prophet, may Allah bless him and grant him peace, said, 'We have not finished the document yet.' He said, 'By Allah, I will not make peace with you on any conditions ever!' The Prophet, may Allah bless him and grant him peace, said, 'Endorse it for me.' He said, 'I will not endorse it for you.' He said, 'Do it.' He said, 'I will not do it.' Mikraz said, 'We endorse it for you.' Abu Jandal said, 'O company of Muslims! Am I to be returned to the idolaters when I have come as a Muslim! Do you not see what I have suffered?' He had been severely tortured for Allah."

He said, "'Umar ibn al-Khattab said, 'I went to the Prophet of Allah, may Allah bless him and grant him peace, and said, 'Are you not truly the Prophet of Allah?' He replied, 'Yes indeed.' I said, Do we not have the truth while our enemy have the false?' He answered, 'Yes indeed.' I said, 'Then why do we concede humbleness in our deen?' He said, 'I am the Messenger of Allah and I do not disobey Him. He will make me victorious.' I asked, 'Did you not tell us that we would go to the House and do tawaf of it?' He said, 'Yes, but did I inform you that we would go to it this year?'" 'I said, 'No.' He said, 'You will go to it and do tawaf of it.'"

'Umar said, "I went to Abu Bakr and said, 'O Abu Bakr! Is this one not truly the Prophet of Allah?' He replied, 'Certainly.' I asked, 'Do we not have the truth while our enemy has the false?' He replied, 'Yes indeed.' I said, 'Then why do we concede humbleness in our deen?' He said, 'O man! He is the Messenger of Allah, may Allah bless him and grant him peace, and does not disobey his Lord and He will help him to victory. Hold to his command. By Allah, he is based on the truth' I said, 'Did he not tell us that we would go to the House and do tawaf of it?' He said, 'Yes, but did he inform you that we would go to it this year?' I said, 'No.' He said, 'You will go to it and do tawaf of it.'"

Az-Zuhri said, "'Umar said, 'I did many good deeds to make up for that.'

He said, "When the agreeing on the document was finished, the Messenger of Allah, may Allah bless him and grant him peace, said to his Companions, 'Get up and sacrifice and then shave your heads.'" He said, "By Allah, not a man of them got up until he had said that three times. When none of them got up, he went to Umm Salama and mentioned to her what he had encountered from the people. Umm Salama said, 'O Prophet of Allah, do you want that done? Then go out without saying a word to anyone until you have sacrificed your camels and then summon your barber and have him shave your head.' So he went out without speaking to anyone until he had done that. He sacrificed his camels and summoned his barber who shaved his head. When they saw that, they got up and slaughtered their camels and shaved one another's heads so that they were practically fighting one out of sorrow. Then some believing women came to him, and Allah Almighty sent down: 'O you who believe! When believing women come to you as emigrants, submit them to a test- to - Do not hold to any marriage ties with women who reject." (60:10) On that day 'Umar divorced two wives of his who were idolaters. Mu'awiya ibn Abi Sufyan married one of them and Safwan ibn Umayya married the other.

"When the Messenger of Allah, may Allah bless him and grant him peace, returned to Madina. Abu Basir, a man of Quryash who was a Muslim, came to him. They (the Makkans] sent two men to fetch him and they said, 'In accordance with the treaty which you have given us.' So he handed him over to the two men. They took him as far as Dhu'l-Hulayfa and there they stopped to eat some dates which they had. Abu Basir said to one of the two men, 'By Allah, O so-and-so, I see that this sword of yours is excellent!' The other unsheathed it and said, 'Yes indeed. By Allah, it is excellent! I have tested it and tested it again.' Abu Basir said, 'Let me have a look at it.' So he gave it to him, and Abu Basir struck him until he was stone dead. The other man fled until he reached Madina and entered the mosque running. When the Messenger of Allah, may Allah bless him and grant him peace, saw him, he said, 'I see this man is terrified.' When he reached the Prophet, may Allah bless him and grant him peace, he said, 'By Allah, he has killed my companion, and would have killed me as well!' Abu Basir came and said, 'Prophet of Allah, by Allah, Allah has let you fulfil your agreement. You returned me to them. Then Allah saved me from them.' The Prophet, may Allah bless him and grant him peace, said, 'Woe to his mother! What a war-sparker if only he had supporters!' When [Abu Basir] heard that, he knew that he would return him to them again, so he went out until he came the coast of the sea."

He said, "Abu Jandal ibn Suhayl got free of them and joined Abu Basir. Whenever a man of Quraysh became Muslim, he would only go out and join Abu Basir until there were a band of them together. By Allah, whenever they heard about a caravan belonging to Quraysh leaving for Syria, they would stop it and kill them and take their property. So Quraysh sent to the Prophet, may Allah bless him and grant him peace, entreating him by Allah and kinship to send word [to Abu Basir] and that whoever came to him [the Prophet] would be safe. So the Prophet, may Allah bless him and grant him peace, sent word to them and Allah Almighty sent down, 'It is He who held their hands back from you, and your hands from them in the valley of Makka, after giving you the upper hand over them. Allah sees what you do... to ... the fanatical rage of the Days of Ignorance .' (48:24-26) Their fanatical rage was that they did not affirm that he was the Prophet of Allah and did not affirm, 'In the name of Allah, the All-Merciful, the Most Merciful,' and came between them and the House."

Abu 'Abdullah said, "Ma'arra is the cause of the scabies, tazayyalu means "to distinguish". The zeal of people is making protection inviolable. 'I defended the protected place so that it would not be entered.'"

2582. It is reported from 'A'isha that the Messenger of Allah, may Allah bless him and grant him peace, used to test the women. It also reached us that when Allah Almighty sent down that they should return to the idolaters what they had spent on those of their wives who had emigrated and judged that the Muslims should not keep the guardianship of unbelieving women, 'Umar divorced two wives, Qurayba bint Abi Umayya and the daughter of Jarwal al-Khuza'i. Mu'awiya married Qurayba and Abu Jahm married the other woman. When the unbelievers refused to agree to pay what the Muslims had spent on their wives, Allah Almighty sent down, "If any of your wives rejoin the rejectors, you should have compensation. So repay to those whose wives have gone the dowry they paid out." (60:11) 'Aqb is what the Muslims paid [of dowry] to the unbeliever whose wife had emigrated. He commanded that a Muslim whose wife had departed be paid what he had spent out of the dowry of the wives of the unbelievers who had emigrated. We do not know of any of the women who emigrated who apostasised after she had believed.

It reached us that Abu Bakr ibn Asid ath-Thaqafi came to the Prophet as a believing emigrant during the truce. Al-Akhnas ibn Shariq wrote to the Prophet, may Allah bless him and grant him peace, asking him for Abu Basir - and he mentioned the hadith.

XVI: Preconditions in loans

2583. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, mentioned a man who had asked one of the tribe of Israel to lend him a thousand dinars and he gave it to him for a specified term."

Ibn 'Umar and 'Ata' said, "It is permitted to stipulate a specific term in a loan."

XVII: The Mukatab, and preconditions which are contrary to the Book of Allah are not lawful

Jabir ibn 'Abdullah said that there can be preconditions mutually agreed between them in the muktatab.

Ibn 'Umar or 'Umar said, "Every precondition which is contrary to the Book of Allah is invalid, even if a hundred such preconditions are made."

Abu 'Abdullah said, "It is said that  it is reported from both of them: 'Umar and Ibn 'Umar."

2584. It is related that 'A'isha said that Barira came to her to ask her for help in her kitaba. She said, "If you like, I will pay your people and the wala' will be mine." When the Messenger of Allah, may Allah bless him and grant him peace, came, she mentioned that and the Prophet, may Allah bless him and grant him peace, said, "Buy her and set her free. The wala' belongs to the one who sets free." Then the Messenger of Allah, may Allah bless him and grant him peace, stood up on the minbar and said, "Why is it that some men make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is stipulated a hundred times."

XVIII: Preconditions which are permitted and exemptions made in the settlement. Preconditions which are common between people. When someone says, "A hundred less one or two."

Ibn Sirin said that a man said to his hirer, "Prepare your riding animal. If I do not travel with you on such-and-such a day, then you will have a hundred dirhams." He did not leave. Shurayh said, "If someone imposes a condition on himself of his own free well without being forced, it remains binding on him."

Ayyub reported from Ibn Sirin that a man sold some food and the buyer said, "If I do not come to you on Wednesday, there is no sale between you and me." The buyer did not come, so Shurayh said to the buyer, "You have broken your promise," and gave judgement against him.

2585. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Allah has ninety-nine names, a hundred less one. Whoever knows them all will enter the Garden."

XIX: Preconditions in the waqfs

2586. It is related from Ibn 'Umar that 'Umar ibn al-Khattab got some land in Khaybar and he went to the Prophet, may Allah bless him and grant him peace, to ask for his advice about it. He said, "O Messenger of Allah, I have got some land in Khaybar, and I have got no property more precious to me than it. What do you command about it?" He said, "If you wish, you can make its capital a waqf and you can give its proceeds as sadaqa." He said, "'Umar gave it as sadaqa provided that it would not be sold or given away or inherited. Its proceeds would begiven in sadaqa to the poor, relatives, freeing slaves, in the Way of Allah, for travellers, and guests. The trustee does nothing wrong if he consumes some of it in a correct and reasonable manner and feeds people without storing up."

He said, "Ibn Sirin related it and said that  with the expression, 'without amassing wealth'."