Trade with the property of an orphan, rules of pre-emption and agency

This excerpt is taken from Sheikh Hussain bin Mubarak Al-Mosuli's Arabic book Al-Awamer wal Nawaahi, which was translated into Urdu by Muhammad Sarwar Gohar under the title Ahkamaat o Mamnooat.


Trading with the Wealth of an Orphan​


① Sayyiduna Amr bin Shu'aib narrates from his father, who narrates from his grandfather, that the Prophet Muhammad ﷺ addressed the people and said:
ألا من ولي يتيما له مال فليتجر به ، ولا يتركه حتى تأكله الصدقة
"Listen! Whoever is the guardian of an orphan who has wealth, let him trade with that wealth; do not leave it idle so that only zakat (charity) consumes it."
Reference: This narration is weak. Tirmidhi, Kitab al-Zakat from the Messenger of Allah ﷺ 641. The chain includes Muthanna bin Sabbah, who is a weak narrator.

② It is narrated from Sayyiduna Malik رضي الله عنه that he heard that Sayyiduna Umar رضي الله عنه said:
"Trade with the wealth of the orphan, lest zakat (charity) consumes it."
Reference: This narration is authentic. Muwatta 251/1.


Instructions Regarding Pre-emption (Shuf'ah)​


① Sayyiduna Jabir رضي الله عنه narrates that the Messenger of Allah صلی اللہ علیہ وسلم placed the right of pre-emption (shuf'ah) in every undivided property, but when (after division) boundaries are established and paths change, then the right of pre-emption is nullified.
Reference: Bukhari, Kitab al-Shuf'ah 2257. Abu Dawood, Kitab al-Buyu' 3514.

② It is narrated from Sayyiduna Jabir رضي الله عنه that the Messenger of Allah صلی اللہ علیہ وسلم said:
الجار أحق بشفعة جاره ، ينتظر بها وإن كان غائبا إذا كان طريقهم واحدا
"The neighbor has a greater right to pre-empt his neighbor's land; he should be waited for even if he is absent, provided their path is the same."
Reference: Abu Dawood, Kitab al-Buyu' 3514. Tirmidhi, Kitab al-Ahkam 1369. The narration is authentic.

③ It is narrated from Sayyiduna Ibn Abbas رضي الله عنهما that the Messenger of Allah صلی اللہ علیہ وسلم said:
الشريك شفيع ، والشفعة فى كل شيء
"The partner is the pre-emptor (one who has the right of pre-emption), and pre-emption is in everything."
Reference: Tirmidhi, Kitab al-Ahkam 1371. The narration is weak. Imam Tirmidhi رحمه الله declared it weak. And Ibn Hajar رحمه الله maintained it. Al-Fath 436/4. The correct view is that it is a mursal narration.

④ It is narrated from Sayyiduna Samurah رضي الله عنه that the Messenger of Allah صلی اللہ علیہ وسلم said:
جار الدار أحق بالدار
"The neighbor of the house has a greater right to the house."
Reference: Abu Dawood, Kitab al-Buyu' 3517. The narration is good.


Rules of Agency (Representation/Power of Attorney)​


① It is narrated from Sayyiduna Hakim bin Hizam رضي الله عنه that the Messenger of Allah صلی اللہ علیہ وسلم gave him one dinar and sent him to buy a sacrificial animal. So he bought a one-dinar ram and sold it for two dinars. Then he bought a sacrificial animal with one dinar and brought it along with the one dinar profit. The Messenger of Allah صلی اللہ علیہ وسلم then gave that dinar as charity and prayed for blessings in his trade.
Reference: Abu Dawood, Kitab al-Buyu 3386. Tirmidhi, Kitab al-Buyu 1257. And in Tirmidhi's narration, the Prophet صلی اللہ علیہ وسلم sacrificed a goat and gave the dinar as charity.
 
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