Hadith 2306

حَدَّثَنَا سُلَيْمَانُ بْنُ حَرْبٍ ، حَدَّثَنَا شُعْبَةُ ، عَنْ سَلَمَةَ بْنِ كُهَيْلٍ ، سَمِعْتُ أَبَا سَلَمَةَ بْنَ عَبْدِ الرَّحْمَنِ ، عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ ، " أَنَّ رَجُلًا أَتَى النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَتَقَاضَاهُ ، فَأَغْلَظَ فَهَمَّ بِهِ أَصْحَابُهُ ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : دَعُوهُ فَإِنَّ لِصَاحِبِ الْحَقِّ مَقَالًا ، ثُمَّ قَالَ : أَعْطُوهُ سِنًّا مِثْلَ سِنِّهِ ، قَالُوا : يَا رَسُولَ اللَّهِ ، لَا نَجِدُ إِلَّا أَمْثَلَ مِنْ سِنِّهِ ، فَقَالَ : أَعْطُوهُ ، فَإِنَّ مِنْ خَيْرِكُمْ أَحْسَنَكُمْ قَضَاءً " .
Narrated Abu Huraira: A man came to the Prophet demanding his debts and behaved rudely. The companions of the Prophet intended to harm him, but Allah's Apostle said (to them), "Leave him, for the creditor (i.e. owner of a right) has the right to speak." Allah's Apostle then said, "Give him a camel of the same age as that of his." The people said, "O Allah's Apostle! There is only a camel that is older than his." Allah's Apostle said, "Give (it to) him, for the best amongst you is he who pays the rights of others handsomely."
Hadith Reference صحيح البخاري / كتاب الوكالة / 2306
Hadith Grading محدثین: أحاديث صحيح البخاريّ كلّها صحيحة
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
From here, the purpose of the chapter becomes clear, because the Prophet (sallallahu alayhi wa sallam) appointed those who were present as agents (wakil) to give the camels to others.
And when it is permissible to appoint someone present as an agent, even though one can perform the task oneself, then it is even more permissible (a fortiori) to appoint someone absent as an agent.
Hafiz Ibn Hajar (rahimahullah) has stated this very point, and it is astonishing regarding Allamah Ayni (rahimahullah) that he unjustly objected to Hafiz Sahib (rahimahullah), claiming that agency for the absent cannot be derived from the hadith, let alone the principle of a fortiori, whereas the reason for a fortiori is itself mentioned in the words of Hafiz Sahib.
Hafiz Sahib said in Intiqad al-I'tirad: What right does someone whose understanding is at such a level have to object?
We seek refuge with Allah from prejudice and poor understanding.
(Wahidi)
This hadith also sheds light on the noble character of Muhammad (sallallahu alayhi wa sallam): he did not take any offense at the harsh words of the creditor, but rather, he had the debt repaid in an excellent manner even before its due time.
May Allah the Exalted grant every Muslim these noble manners.
Ameen
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2306
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Adopting a harsh attitude in demanding one’s due is permissible when the other party resorts to procrastination and does not display good conduct in fulfilling obligations. However, if a person is just and conducts his dealings well, and if he does not have the means, he offers an excuse, then speaking harshly to such a person is not correct.

(2)
This hadith demonstrates the noble character of the Messenger of Allah (sallallahu alayhi wa sallam), as he was not at all affected by the creditor’s harsh words; rather, he cheerfully repaid his debt before its due time. May Allah Almighty grant every Muslim the ability to adopt these beautiful manners.

(3)
Hafiz Ibn Hajar (rahimahullah), quoting the commentator of Bukhari, Ibn Munir, has expressed the jurisprudential subtlety of this chapter in the following words:
It is necessary to repay debts on time. Based on this, an objection may arise that agency (wakalah) is not valid in this matter, because appointing an agent (wakil) on behalf of the principal (mu’akkil) could cause delay. To remove this objection, this chapter heading has been established, indicating that such action is permissible and that this prohibition does not fall under the category of procrastination.
(Fath al-Bari 4/609)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2306
Maulana Dawood Raz
Hadith Commentary:
Some have said that the relevance of this hadith to the chapter heading is difficult to understand.
Because the Prophet (sallallahu alayhi wa sallam) had appointed Abu Rafi‘ (radi Allahu anhu) as an agent.
He purchased the camel, so his possession was considered the possession of the Prophet (sallallahu alayhi wa sallam); therefore, before taking possession, this was not a gift. The answer to this is that Abu Rafi‘ was appointed only as an agent for purchasing, not for gifting, so his possession was not considered the possession of the Prophet (sallallahu alayhi wa sallam) in the rulings of gift (hibah).
Thus, the intent of Imam Bukhari (rahimahullah) is established from the hadith, and the permissibility of gifting something not yet possessed is proven.
(Wahidi)
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2606
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
Imam Bukhari rahimahullah has established from this hadith the permissibility of gifting an item that has not yet been taken into possession, i.e., the Messenger of Allah sallallahu alayhi wa sallam ordered that a camel be purchased and given, even though he had not yet taken possession of the purchased camel. Therefore, the gifting of an item not yet possessed is established.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2606
Maulana Dawood Raz
Hadith Commentary:
The relevance to the chapter is clear: in this additional benefit, the other people who were sitting there did not share.
Rather, it was given exclusively to the one whose camel was owed as a debt by the Prophet (sallallahu alayhi wa sallam).
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2609
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The Messenger of Allah (sallallahu alayhi wa sallam) ordered that, in place of a camel taken on loan, a camel of better age be given in repayment. In this improvement and increase, those present there were not included; rather, only the one making the demand was entitled to it.
If the giver of the gift intends to include others, as is customary with food and drink items, or if it is known from circumstantial evidence, then the people present in the gathering will be included. Otherwise, only the one to whom the gift is presented will be entitled to it.
If the giver of the gift intends a specific individual, then others will not be included in it.

(2)
The relevance of the hadith is as follows: when the one making the demand was given more than his due right, it became a gift for him in which others were not included.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2609
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
In the exchange of commodities, if they are of the same kind, then two things are necessary: equality and immediate exchange (hand to hand). If the exchange is between different kinds of commodities, then one thing is necessary: the transaction must be hand to hand, but disparity in quantity is permissible. However, there is no restriction in the case of animals. Their mutual exchange can also be done on credit, as is mentioned in the above hadith, and disparity in quantity is also permissible, as Abdullah bin Amr bin al-As radi Allahu anhu says that on the order of the Messenger of Allah sallallahu alayhi wa sallam, I would take one camel and promise to give two camels of charity in return.
(Musnad Ahmad: 171/2)
However, in some narrations it is mentioned that the Messenger of Allah sallallahu alayhi wa sallam forbade selling an animal for another animal on credit.
(Sunan Abi Dawud, al-Buyu', Hadith: 3356)
Imam Shafi'i rahimahullah reconciled these ahadith by explaining that here, "on credit" refers to both sides being on credit, i.e., what is meant is bay' al-kali' bil-kali' (a sale where both the price and the commodity are deferred).
(Fath al-Bari: 72/5)
In any case, there is leniency regarding the buying and selling of animals. It is permissible to sell one animal for two or more animals of the same kind, whether for immediate payment or on credit. The Messenger of Allah sallallahu alayhi wa sallam himself bought one slave in exchange for two slaves.
(Sahih Muslim, al-Musaqat, Hadith: 4113(1602))
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2390
Maulana Dawood Raz
Hadith Commentary:
It is understood that giving the creditor more than his due right is a greatly virtuous deed.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2393
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
This hadith shows that a debtor should display cheerfulness and generosity.
To create unpleasantness or to express narrow-mindedness at the time of repayment is contrary to good character and magnanimity.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2393
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
From this hadith, it is understood that at the time of repaying a loan, if someone, out of generosity, returns more than the original amount, then this is his benevolence and magnanimity.
Doing so is not prohibited; however, to stipulate or impose a condition regarding the item that “I am giving this much and will receive that much” is explicit usury (riba).
The Shariah has prohibited this.
In fact, some scholars hold the view that at the time of repaying a loan, it is permissible to return something better in quality, but giving more in quantity is prohibited.
Imam Bukhari rahimahullah has indicated in the chapter heading that both forms are permissible, provided that there is no condition of increase at the time of contract, nor is there an established custom among them.
If someone, on his own accord, without any custom or stipulation, gives more, then this is an act of kindness, not usury—just as if the debtor fulfills some need of the creditor, doing so is not usury.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2392
Maulana Dawood Raz
Hadith Commentary:
It is recommended (mustahabb) that the one repaying a loan should return to the lender something better and greater than what was borrowed, so that it serves as recompense for his kindness, since he gave a goodly loan (qard hasan).
And any extra amount given without prior stipulation is not considered usury (riba).
Rather, it falls under the verse: “Is there any reward for good other than good?” (: al-Rahman: 60).
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2305
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Some scholars hold the view that it is permissible to appoint an agent (wakil) due to an excuse such as illness or travel; if there is no excuse, then one should appoint an agent with the consent of the other party. According to Imam Bukhari rahimahullah, this is mere affectation. A person who is present in the city and has no excuse may also appoint an agent. The Messenger of Allah sallallahu alayhi wa sallam said to the Companions radi Allahu anhum present: "Give him a camel." Although this address was to those present, by customary usage it includes every agent (wakil), whether absent or present. Furthermore, the Messenger of Allah sallallahu alayhi wa sallam appointed the Companions radi Allahu anhum as agents, even though he himself was resident and healthy; he was neither absent, nor ill, nor a traveler.

(2)
Hafiz Ibn Hajar rahimahullah writes that when it is permissible to appoint an agent for someone present, even though he can perform the task himself, then it is even more permissible (a fortiori) to appoint an agent for someone absent, because he is in need of it. (Fath al-Bari: 4/608)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2305
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Vocabulary of the Hadith:
Muḥāsin:
It is the plural of muḥsin or aḥsan,
which is generally expressed as aḥāsin.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 4111
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: The debtor—if he employs procrastination or delaying tactics in repaying the creditor—then the creditor may adopt a strict attitude. However, if the debtor adopts a fair approach or presents a legitimate excuse, then it is not permissible to be harsh without reason. Nevertheless, the debtor should, as much as possible, bear the creditor’s harsh words, even if they are unwarranted and inappropriate, because the creditor is the rightful owner, and may become angry. For this reason, the Messenger of Allah (sallallahu alayhi wa sallam) tolerated the unreasonable behavior of the creditor, who, according to Imam Qurtubi, was a Jew, or according to Allamah Mulla Ali Qari, was a Bedouin or weak in faith. Even though the Prophet (sallallahu alayhi wa sallam) had not engaged in procrastination or delaying tactics, he still prevented the noble Companions (radi Allahu anhum) from saying anything to him.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 4110
Hafiz Muhammad Ameen
“Special camel of ‘Umar”: He (the debtor) was to take a two-toothed camel from you. You gave him a rubā‘ī camel, which in our language is called “choga,” meaning a camel whose fourth tooth has just begun to emerge. A rubā‘ī is a six-year-old camel, while a two-toothed camel (which in our language is called “donda”) is a four-year-old camel. Thus, you gave a much better and more valuable camel. It is understood from this that if the debtor, of his own accord, gives the creditor something better or more in value than what he owed, there is no harm in it, provided that no such condition was stipulated beforehand. In the case of animals, exact equality is not even possible. It cannot happen that the animal taken is returned in exactly the same condition, without even the slightest difference. Therefore, the one giving should try to give something better. Giving more or better out of one’s own happiness is not called usury (riba); rather, it is good character (husn al-khuluq).
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4622