Book of Pre-emption

Shurayh (may Allah have mercy on him) said: Pre-emption is in proportion to the shares.

It is reported from the jurists of the people of Madinah, whose view was the final word, concerning a man who has several partners in a house: the partners concede the pre-emption to him except one man, who wishes to take only as much of the pre-emption as his own right. They said: "That is not for him; he must either take all of it or leave all of it." And they used to say concerning a group who inherit property from their father, then one of them dies leaving children, and one of his children sells his right in that property: the children and their uncles are partners in the pre-emption according to their shares, as long as the property has not been divided and boundaries have not been fixed in it.

Zayd bin Aslam (may Allah have mercy on him) narrates from his father that the two sons of Sayyiduna Umar bin al-Khattab (may Allah be pleased with him), Sayyiduna Abdullah and Sayyiduna Ubaydullah (may Allah be pleased with them both), went out with an army to Iraq. When they returned, they passed by Sayyiduna Abu Musa al-Ash'ari (may Allah be pleased with him). Sayyiduna Abu Musa (may Allah be pleased with him) welcomed them and received them warmly. At that time he was the governor of Basrah. He said: "If I were able to benefit you in some matter, I would certainly do so." Then he said: "Yes, here is some money from the wealth of Allah (the public treasury) which I want to send to the Commander of the Believers (Sayyiduna Umar bin al-Khattab (may Allah be pleased with him)). I will lend it to you both; buy goods from Iraq with it, sell them in Madinah, then hand over the capital to the Commander of the Believers and keep the profit." The two of them did so, and it was written to Sayyiduna Umar (may Allah be pleased with him) to collect the money from them. When they came to Madinah, they sold the goods and made a profit. When Sayyiduna Umar (may Allah be pleased with him) learned of it, he asked: "Did Abu Musa (may Allah be pleased with him) lend to the whole army as he lent to you?" They replied: "No." Sayyiduna Umar (may Allah be pleased with him) said: "He gave it to you because you are the sons of the Commander of the Believers. So hand over both the money and its profit." Sayyiduna Abdullah (may Allah be pleased with him) accepted, but Sayyiduna Ubaydullah (may Allah be pleased with him) said: "O Commander of the Believers, this is not right for you; had the money perished or decreased, we would have been liable for it." Sayyiduna Umar (may Allah be pleased with him) said: "Hand it over." Sayyiduna Abdullah (may Allah be pleased with him) remained silent, and Sayyiduna Ubaydullah (may Allah be pleased with him) repeated his objection. One of those sitting with Sayyiduna Umar (may Allah be pleased with him) said: "O Commander of the Believers, what if you were to make it a qirad (a profit-sharing partnership)?" He said: "I have made it a qirad." So Sayyiduna Umar (may Allah be pleased with him) took the capital and half of the profit, and the two sons took half of the profit. One narration has the wording: When they returned, they passed by a governor of Sayyiduna Umar (may Allah be pleased with him).

Al-Ala bin Abd al-Rahman bin Ya'qub narrates from his father, from his grandfather, that he worked with the wealth of Uthman bin Affan (may Allah be pleased with him) on the condition that both of them would be entitled to the profit.

Al-Ala narrates from his father that he said: I came to Uthman bin Affan (may Allah be pleased with him) and said to him: "Goods have arrived; will you give me money so that I may buy them?" He said: "Will you do it?" He said: "Yes, but I am a mukatab (a slave contracted to buy his freedom); so I will buy it on the condition that the profit is shared between me and you." He replied, "Yes." Then Uthman (may Allah be pleased with him) gave me money on that condition.

Nafi' (may Allah have mercy on him) said that Sayyiduna Ibn Umar (may Allah be pleased with them both) had an orphan's wealth in his care; he would pay its zakah, give it out in mudarabah (a profit-sharing partnership), and borrow from it.

Sayyiduna Jabir bin Abdullah (may Allah be pleased with them both) was asked about a man who gives money as qirad (a profit-sharing partnership) and stipulates that he receive it back as he gave it, around the day he takes it back. He said: "There is no harm in that."

Sayyiduna Hakim bin Hizam (may Allah be pleased with him) used to give money to a man as qirad (a profit-sharing partnership) and stipulate that he would not pass with it through the bed of a valley, nor buy any animal with it, nor carry it on the sea; if he did any of these things, he would be liable for that money. He said: "When he transgresses his instruction, whoever did that is liable for it."
A musnad hadith that is weak has also been narrated on this.

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said: When Sayyiduna al-Abbas bin Abd al-Muttalib (may Allah be pleased with him) gave money to someone in mudarabah, he would stipulate that he not take it onto the sea, nor stop with it in a valley, nor buy any living creature with it. If he did so, he would be liable. This condition reached the Messenger of Allah (peace and blessings be upon him), and he (peace and blessings be upon him) approved it.

Yunus bin Arqam al-Kindi (may Allah have mercy on him) narrated it like the previous hadith.
Only Abu al-Jarud Ziyad bin al-Mundhir narrated it; he is a weak Kufan: Yahya bin Ma'in called him a liar, and the rest declared him weak.