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مسند الشهاب
Musnad Shihab
Hadiths 801 to 1000
إِنَّ لِصَاحِبِ الْحَقِّ مَقَالًاThe one with a right has a say
Hadith 984
اُردوEn
984 - وأنا أَبُو الْحَسَنِ عَلِيُّ بْنُ مُوسَى السِّمْسَارُ بِدِمَشْقَ، نا أَبُو زَيْدٍ مُحَمَّدُ بْنُ أَحْمَدَ الْمَرْوَزِيُّ، أنا مُحَمَّدُ بْنُ يُوسُفَ الْفَرَبْرِيُّ، أنا مُحَمَّدُ بْنُ إِسْمَاعِيلَ الْبُخَارِيُّ، نا مُحَمَّدُ بْنُ مُقَاتِلٍ، أنا عَبْدُ اللَّهِ بْنُ الْمُبَارَكِ، أنا شُعْبَةُ، عَنْ سَلَمَةَ بْنِ كُهَيْلٍ، عَنْ أَبِي سَلَمَةَ، عَنْ أَبِي هُرَيْرَةَ، عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَنَّهُ أَخَذَ سِنًّا، فَجَاءَ صَاحِبُهُ يَتَقَاضَاهُ، فَقَالُوا لَهُ، فَقَالَ: «إِنَّ لِصَاحِبِ الْحَقِّ مَقَالًا» ، ثُمَّ قَاضَاهُ أَفْضَلَ مِنْ سِنِّهِ وَقَالَ: «أَفْضَلُكُمْ أَحْسَنُكُمْ قَضَاءً»
Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates from the Prophet (peace and blessings be upon him) that he (the Prophet) took a camel of a certain age from someone. Its owner came to you to demand it back, so the Companions spoke harshly to him. The Prophet (peace and blessings be upon him) said: "Indeed, the owner of a right has the right to speak." Then you gave him a better camel than the one of his age and fulfilled his right, and said: "The best among you is the one who is best in repayment."
Brief Explanation
Explanation: -
It is said that the creditor was Sayyiduna Zayd bin Shu'bah Kanani radi Allahu anhu, who had not yet embraced Islam; he accepted Islam later. That is why he did not observe the etiquette and respect due to the Noble Prophet sallallahu alayhi wa sallam and adopted a harsh attitude in making his demand. The Prophet sallallahu alayhi wa sallam explained to the Companions that it is better for the owner of the wealth to adopt a good attitude when making a demand. However, if someone is harsh in this matter, it should be overlooked, because the rightful owner, in any case, has the right to speak. Nevertheless, one should not transgress the Shar'i (Islamic legal) limits and etiquettes in this. If the debtor, of his own accord, pays more than the debt and the right at the time of repayment, it is recommended (mustahabb). But if the owner of the wealth (the creditor) demands an excess, then this will be usury (riba), which is neither permissible to take nor to give. (Riyadh as-Salihin: 213/2)
It is said that the creditor was Sayyiduna Zayd bin Shu'bah Kanani radi Allahu anhu, who had not yet embraced Islam; he accepted Islam later. That is why he did not observe the etiquette and respect due to the Noble Prophet sallallahu alayhi wa sallam and adopted a harsh attitude in making his demand. The Prophet sallallahu alayhi wa sallam explained to the Companions that it is better for the owner of the wealth to adopt a good attitude when making a demand. However, if someone is harsh in this matter, it should be overlooked, because the rightful owner, in any case, has the right to speak. Nevertheless, one should not transgress the Shar'i (Islamic legal) limits and etiquettes in this. If the debtor, of his own accord, pays more than the debt and the right at the time of repayment, it is recommended (mustahabb). But if the owner of the wealth (the creditor) demands an excess, then this will be usury (riba), which is neither permissible to take nor to give. (Riyadh as-Salihin: 213/2)
