What Does the Hadith Say About Contracts?

Narrated 'Abdur-Rahman bin 'Auf: I got an agreement written between me and Umaiya bin Khalaf that Umaiya would look after my property (or family) in Mecca and I would look after his in Medina. When I mentioned the word 'Ar-Rahman' in the documents, Umaiya said, "I do not know 'Ar-Rahman.' Write down to me your name, (with which you called yourself) in the Pre-lslamic Period of Ignorance." So, I wrote my name ' 'Abdu 'Amr'. On the day (of the battle) of Badr, when all the people went to sleep, I went up the hill to protect him. Bilal(1) saw him (i.e. Umaiya) and went to a gathering of Ansar and said, "(Here is) Umaiya bin Khalaf! Woe to me if he escapes!" So, a group of Ansar went out with Bilal to follow us ('Abdur-Rahman and Umaiya). Being afraid that they would catch us, I left Umaiya's son for them to keep them busy but the Ansar killed the son and insisted on following us. Umaiya was a fat man, and when they approached us, I told him to kneel down, and he knelt, and I laid myself on him to protect him, but the Ansar killed him by passing their swords underneath me, and one of them injured my foot with his sword. (The sub narrator said, " 'Abdur-Rahman used to show us the trace of the wound on the back of his foot.")

Narrated Aisha: Buraira came (to 'Aisha) and said, "I have made a contract of emancipation with my masters for nine Uqiyas (of gold) to be paid in yearly installments. Therefore, I seek your help." 'Aisha said, "If your masters agree, I will pay them the sum at once and free you on condition that your Wala' will be for me." Buraira went to her masters but they refused that offer. She (came back) and said, "I presented to them the offer but they refused, unless the Wala' was for them." Allah's Apostle heard of that and asked me about it, and I told him about it. On that he said, "Buy and manumit her and stipulate that the Wala' should be for you, as Wala' is for the liberator." 'Aisha added, "Allah's Apostle then got up amongst the people, Glorified and Praised Allah, and said, 'Then after: What about some people who impose conditions which are not present in Allah's Laws? So, any condition which is not present in Allah's Laws is invalid even if they were one-hundred conditions. Allah's ordinance is the truth, and Allah's condition is stronger and more solid. Why do some men from you say, O so-and-so! manumit the slave but the Wala will be for me? Verily, the Wala is for the liberator."

Narrated Al-Bara: When the Prophet intended to perform 'Umra in the month of Dhul-Qada, the people of Mecca did not let him enter Mecca till he settled the matter with them by promising to stay in it for three days only. When the document of treaty was written, the following was mentioned: 'These are the terms on which Muhammad, Allah's Apostle agreed (to make peace).' They said, "We will not agree to this, for if we believed that you are Allah's Apostle we would not prevent you, but you are Muhammad bin 'Abdullah." The Prophet said, "I am Allah's Apostle and also Muhammad bin 'Abdullah." Then he said to 'Ali, "Rub off (the words) 'Allah's Apostle' ", but 'Ali said, "No, by Allah, I will never rub off your name." So, Allah's Apostle took the document and wrote, 'This is what Muhammad bin 'Abdullah has agreed upon: No arms will be brought into Mecca except in their cases, and nobody from the people of Mecca will be allowed to go with him (i.e. the Prophet ) even if he wished to follow him and he (the Prophet ) will not prevent any of his companions from staying in Mecca if the latter wants to stay.' When the Prophet entered Mecca and the time limit passed, the Meccans went to 'Ali and said, "Tell your Friend (i.e. the Prophet ) to go out, as the period (agreed to) has passed." So, the Prophet went out of Mecca. The daughter of Hamza ran after them (i.e. the Prophet and his companions), calling, "O Uncle! O Uncle!" 'Ali received her and led her by the hand and said to Fatima, "Take your uncle's daughter." Zaid and Ja'far quarrel ed about her. 'Ali said, "I have more right to her as she is my uncle's daughter." Ja'far said, "She is my uncle's daughter, and her aunt is my wife." Zaid said, "She is my brother's daughter." The Prophet judged that she should be given to her aunt, and said that the aunt was like the mother. He then said to 'All, "You are from me and I am from you", and said to Ja'far, "You resemble me both in character and appearance", and said to Zaid, "You are our brother (in faith) and our freed slave."

Narrated Ibn Umar: When the people of Khaibar dislocated Abdullah bin Umar's hands and feet, Umar got up delivering a sermon saying, "No doubt, Allah's Apostle made a contract with the Jews concerning their properties, and said to them, 'We allow you (to stand in your land) as long as Allah allows you.' Now Abdullah bin Umar went to his land and was attacked at night, and his hands and feet were dislocated, and as we have no enemies there except those Jews, they are our enemies and the only people whom we suspect, I have made up my mind to exile them." When Umar decided to carry out his decision, a son of Abu Al-Haqiq's came and addressed 'Umar, "O chief of the believers, will you exile us although Muhammad allowed us to stay at our places, and made a contract with us about our properties, and accepted the condition of our residence in our land?" 'Umar said, "Do you think that I have forgotten the statement of Allah's Apostle, i.e.: What will your condition be when you are expelled from Khaibar and your camel will be carrying you night after night?" The Jew replied, "That was joke from Abu-l-Qasim." 'Umar said, "O the enemy of Allah! You are telling a lie." 'Umar then drove them out and paid them the price of their properties in the form of fruits, money, camel saddles and ropes, etc."

Narrated 'Amr bin Ash-Sharid: Al-Miswar bin Makhrama came and put his hand on my shoulder and I accompanied him to Sa'd. Abu Rafi' said to AlMiswar, "Won't you order this (i.e. Sa'd) to buy my house which is in my yard?" Sa'd said, "I will not offer more than four hundred in installments over a fixed period." Abu Rafi said, "I was offered five hundred cash but I refused. Had I not heard the Prophet saying, 'A neighbor is more entitled to receive the care of his neighbor,' I would not have sold it to you." The narrator said, to Sufyan: Ma'mar did not say so. Sufyan said, "But he did say so to me." Some people said, "If someone wants to sell a house and deprived somebody of the right of preemption, he has the right to play a trick to render the preemption invalid. And that is by giving the house to the buyer as a present and marking its boundaries and giving it to him. The buyer then gives the seller one-thousand Dirham as compensation in which case the preemptor loses his right of preemption." Narrated 'Amr bin Ash-Sharid: Abu Rafi' said that Sa'd offered him four hundred Mithqal of gold for a house. Abu Rafi ' said, "If I had not heard Allah's Apostle saying, 'A neighbor has more right to be taken care of by his neighbor,' then I would not have given it to you." Some people said, "If one has bought a portion of a house and wants to cancel the right of preemption, he may give it as a present to his little son and he will not be obliged to take an oath."