Mishkat
al-Masabih

مشكاة المصابيح

11

Business Transactions

كتاب البيوع

 

Chapter 11b: Wrongful Appropriation and Loan - Section 2

باب الغصب والعارية

Mishkat al-Masabih 2947

‘Imran b. Husain reported the Prophet (ﷺ) as saying, “Having someone to urge on a horse from behind in a race, having a horse beside the one that is being ridden in a race to which the rider may transfer1, and giving a woman in marriage in return for another without dowry2 are not allowed in Islam, and he who plunders does not belong to us.” Tirmidhi transmitted it. 1. Ia jalaba wala janaba. One meaning of the phrase is that expressed in the translation, and is most likely to be the one intended here. Another meaning is that a collector of zakat must notdem and that animals be brought to him from a distance, and people must not remove their animals to a distance when they hear that the zakat collector is coming to them. Cf. p. 375. 2. Shighar.

وَعَن عمرَان ابْن حُصَيْنٍ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنَّهُ قَالَ: «لَا جَلَبَ وَلَا جَنَبَ وَلَا شِغَارَ فِي الْإِسْلَامِ وَمَنِ انْتَهَبَ نُهْبَةً فَلَيْسَ مِنَّا» . رَوَاهُ التِّرْمِذِيّ