Hadith 1264
حَدَّثَنَا أَبُو كُرَيْبٍ، حَدَّثَنَا طَلْقُ بْنُ غَنَّامٍ، عَنْ شَرِيكٍ، وَقَيْسٌ، عَنْ أَبِي حَصِينٍ، عَنْ أَبِي صَالِحٍ، عَنْ أَبِي هُرَيْرَةَ، قَالَ : قَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " أَدِّ الْأَمَانَةَ إِلَى مَنِ ائْتَمَنَكَ وَلَا تَخُنْ مَنْ خَانَكَ " . قَالَ أَبُو عِيسَى : هَذَا حَدِيثٌ حَسَنٌ غَرِيبٌ ، وَقَدْ ذَهَبَ بَعْضُ أَهْلِ الْعِلْمِ إِلَى هَذَا الْحَدِيثِ ، وَقَالُوا : إِذَا كَانَ لِلرَّجُلِ عَلَى آخَرَ شَيْءٌ فَذَهَبَ بِهِ ، فَوَقَعَ لَهُ عِنْدَهُ شَيْءٌ ، فَلَيْسَ لَهُ أَنْ يَحْبِسَ عَنْهُ بِقَدْرِ مَا ذَهَبَ لَهُ عَلَيْهِ ، وَرَخَّصَ فِيهِ بَعْضُ أَهْلِ الْعِلْمِ مِنَ التَّابِعِينَ ، وَهُوَ قَوْلُ : الثَّوْرِيِّ ، وَقَالَ : إِنْ كَانَ لَهُ عَلَيْهِ دَرَاهِمُ ، فَوَقَعَ لَهُ عِنْدَهُ دَنَانِيرُ فَلَيْسَ لَهُ ، أَنْ يَحْبِسَ بِمَكَانِ دَرَاهِمِهِ إِلَّا أَنْ يَقَعَ عِنْدَهُ لَهُ دَرَاهِمُ فَلَهُ حِينَئِذٍ ، أَنْ يَحْبِسَ مِنْ دَرَاهِمِهِ بِقَدْرِ مَا لَهُ عَلَيْهِ .
Abu Hurairah (may Allah be pleased with him) reports that the Prophet Muhammad (peace and blessings be upon him) said: "Return the trust to the one who entrusted you, and do not betray the one who betrays you." __QUR_N__ __XREF_N__ __REF_N__
Imam Tirmidhi says:
1- This hadith is Hasan Gharib.
2- Some people of knowledge have followed this hadith. They say that when a person has something belonging to another in his charge, and he takes it away, then if something belonging to that person comes into his possession, it is not permissible for him to withhold from it as much as was taken from him.
3- Some of the Tabi'in among the people of knowledge have permitted this, and this is also the opinion of Sufyan al-Thawri. He says: If someone owes him dirhams, and dinars (as a trust) come into his possession, it is not permissible for him to withhold the dinars in exchange for his dirhams. However, if dirhams come into his possession, then it is permissible for him to withhold from the dirhams as much as is owed to him.
Imam Tirmidhi says:
1- This hadith is Hasan Gharib.
2- Some people of knowledge have followed this hadith. They say that when a person has something belonging to another in his charge, and he takes it away, then if something belonging to that person comes into his possession, it is not permissible for him to withhold from it as much as was taken from him.
3- Some of the Tabi'in among the people of knowledge have permitted this, and this is also the opinion of Sufyan al-Thawri. He says: If someone owes him dirhams, and dinars (as a trust) come into his possession, it is not permissible for him to withhold the dinars in exchange for his dirhams. However, if dirhams come into his possession, then it is permissible for him to withhold from the dirhams as much as is owed to him.
