The Book of Partnership

Declaration of participation in meals, travel expenses and causes

And the things that are measured or weighed should be divided by estimation or divided by handfuls, because the Muslims do not think it is any harm if one of the participants (of the joint journey) eats one thing and the other another.

In the same way, in exchange for gold and silver, in heaps and distribution, in the same way, in picking up two dates and eating them.

Hadith # 2483

Narrated Jabir bin `Abdullah:

"Allah's Messenger (ﷺ) sent an army towards the east coast and appointed Abu 'Ubaida bin Al-Jarrah as their chief, and the army consisted of three-hundred men including myself. We marched on till we reached a place where our food was about to finish. Abu- 'Ubaida ordered us to collect all the journey food and it was collected. My (our) journey food was dates. Abu 'Ubaida kept on giving us our daily ration in small amounts from it, till it was exhausted. The share of everyone of us used to be one date only."

I said, "How could one date benefit you?" Jabir replied, "We came to know its value when even that too finished."

Jabir added, "When we reached the sea-shore, we saw a huge fish which was like a small mountain. The army ate from it for eighteen days.

Then Abu 'Ubaida ordered that two of its ribs be fixed and they were fixed in the ground. Then he ordered that a she-camel be ridden and it passed under the two ribs (forming an arch) without touching them."

Hadith # 2484

Narrated Salama:

Once (on a journey) our provisions diminished and the people were reduced to poverty. They went to the Prophet (ﷺ) and asked his permission to slaughter their camels, and he agreed. `Umar met them and they told him about it, and he said, "How would you survive after slaughtering your camels?"

Then he went to the Prophet and said, "O Allah's Messenger (ﷺ)! How would they survive after slaughtering their camels?"

Allah's Messenger (ﷺ) ordered `Umar, "Call upon the people to bring what has remained of their food."

A leather sheet was spread and all the food was collected and heaped over it.

Allah's Messenger (ﷺ) stood up and invoked Allah to bless it, and then directed all the people to come with their utensils, and they started taking from it till all of them got what was sufficient for them.

Allah's Messenger (ﷺ) then said, "I testify that None has the right to be worshipped but Allah, and I am His Messenger."

Hadith # 2485

Narrated Rafi` bin Khadij:

We used to offer the `Asr prayer with the Prophet (ﷺ) and slaughter a camel, the meat of which would be divided in ten parts. We would eat the cooked meat before sunset.

Hadith # 2486

Narrated Abu Musa:

The Prophet (ﷺ) said,

"When the people of Ash`ari tribe ran short of food during the holy battles, or the food of their families in Medina ran short, they would collect all their remaining food in one sheet and then distribute it among themselves equally by measuring it with a bowl. So, these people are from me, and I am from them."

Partners possessing joint property have to pay its Zakat equally

Hadith # 2487

Narrated Anas:

Abu Bakr As-Siddiq wrote to him the law of Zakat which was made obligatory by Allah's Apostle. He wrote:

'Partners possessing joint property (sheep) have to pay its Zakat equally.

Division of sheep

Hadith # 2488

Narrated 'Abaya bin Rafa'a bin Raft' bin Khadij:

My grandfather said, "We were in the company of the Prophet (ﷺ) at Dhul-Hulaifa. The people felt hungry and captured some camels and sheep (as booty). The Prophet (ﷺ) was behind the people. They hurried and slaughtered the animals and put their meat in pots and started cooking it. (When the Prophet came) he ordered the pots to be upset and then he distributed the animals (of the booty), regarding ten sheep as equal to one camel.

One of the camels fled and the people ran after it till they were exhausted. At that time there were few horses. A man threw an arrow at the camel, and Allah stopped the camel with it.

The Prophet (ﷺ) said, "Some of these animals are like wild animals, so if you lose control over one of these animals, treat it in this way (i.e. shoot it with an arrow)."

Before distributing them among the soldiers my grandfather said, "We may meet the enemies in the future and have no knives; can we slaughter the animals with reeds?"

The Prophet (ﷺ) said, "Use whatever causes blood to flow, and eat the animals if the name of Allah has been mentioned on slaughtering them.

Do not slaughter with teeth or fingernails and I will tell you why: It is because teeth are bones (i.e. cannot cut properly) and fingernails are the tools used by the Ethiopians (whom we should not imitate for they are infidels).

A partner should not eat two dates at a time

Hadith # 2489

Narrated Ibn `Umar:

The Prophet (ﷺ) decreed that one should not eat two dates together at a time unless he gets the permission from his companions (sharing the meal with him).

Hadith # 2490

Narrated Jabala:

"While at Medina we were struck with famine. Ibn Az-Zubair used to provide us with dates as our food. Ibn `Umar used to pass by us and say,

"Don't eat two dates together at a time as the Prophet (ﷺ) has forbidden eating two dates together at a time (in a gathering) unless one takes the permission of one's companion brother."

To get a joint property evaluated with a price

Hadith # 2491

Narrated Nafi`:

Ibn `Umar said, "Allah's Messenger (ﷺ) said

, 'If one manumits his share of a jointly possessed slave, and can afford the price of the other shares according to the adequate price of the slave, the slave will be completely manumitted; otherwise he will be partially manumitted.' "

Aiyub, a sub-narrator is not sure whether the saying " ... otherwise he will be partially manumitted" was said by Nafi` or the Prophet.

Hadith # 2492

Narrated Abu Huraira:

The Prophet (ﷺ) said,

"Whoever manumits his share of a jointly possessed slave, it is imperative for him to get that slave manumitted completely by paying the remaining price, and if he does not have sufficient money to manumit him, then the price of the slave should be estimated justly, and he is to be allowed to work and earn the amount that will manumit him (without overburdening him)"

Can one draw lots for divisions and shares

Hadith # 2493

Narrated An-Nu`man bin Bashir:

The Prophet (ﷺ) said,

"The example of the person abiding by Allah's order and restrictions in comparison to those who violate them is like the example of those persons who drew lots for their seats in a boat. Some of them got seats in the upper part, and the others in the lower. When the latter needed water, they had to go up to bring water (and that troubled the others), so they said, 'Let us make a hole in our share of the ship (and get water) saving those who are above us from troubling them.

So, if the people in the upper part left the others do what they had suggested, all the people of the ship would be destroyed, but if they prevented them, both parties would be safe."

The partnership of orphans and inheritors

Hadith # 2494

Narrated `Urwa bin Az-Zubair:

That he had asked `Aisha about the meaning of the Statement of Allah:

وَإِنۡ خِفۡتُمۡ أَلَّا تُقۡسِطُواْ فِى ٱلۡيَتَـٰمَىٰ فَٱنكِحُواْ مَا طَابَ لَكُم مِّنَ ٱلنِّسَآءِ مَثۡنَىٰ وَثُلَـٰثَ وَرُبَـٰعَ‌ۖ

"If you fear that you shall not Be able to deal justly With the orphan girls,

then Marry (Other) women of your choice Two or three or four." (4.3)

She said, "O my nephew! This is about the orphan girl who lives with her guardian and shares his property. Her wealth and beauty may tempt him to marry her without giving her an adequate Mahr (bridal-money) which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable Mahr; otherwise they were ordered to marry any other woman."

`Aisha further said, "After that verse the people again asked the Prophet (about the marriage with orphan 'girls), so Allah revealed the following verses:--

وَيَسۡتَفۡتُونَكَ فِى ٱلنِّسَآءِ‌ۖ ... وَتَرۡغَبُونَ أَن تَنكِحُوهُنَّ

'They ask your instruction Concerning the women.

Say: Allah Instructs you about them And about what is Recited unto you In the Book,

concerning The orphan girls to whom You give not the prescribed portions

and yet whom you Desire to marry..." (4.127)

What is meant by Allah's Saying:--

وَيَسۡتَفۡتُونَكَ فِى ٱلنِّسَآءِ‌ۖ ... وَتَرۡغَبُونَ أَن تَنكِحُوهُنَّ

'And about what is Recited unto you is the former verse which goes:--

'If you fear that you shall not Be able to deal justly With the orphan girls,

then Marry (other) women of your choice.' (4.3)

`Aisha said, "Allah's saying in the other verse:--

هُنَّ وَتَرۡغَبُونَ أَن تَنكِحُوهُنَّ

'Yet whom you desire to marry' (4.127)

means the desire of the guardian to marry an orphan girl under his supervision when she has not much property or beauty (in which case he should treat her justly).

The guardians were forbidden to marry their orphan girls possessing property and beauty without being just to them, as they generally refrain from marrying them (when they are neither beautiful nor wealthy).

Sharing land, etc.

Hadith # 2495

Narrated Jabir bin `Abdullah:

The Prophet (ﷺ) established the right of Shu'fa (i.e. Preemption) in joint properties; but when the land is divided and the ways are demarcated, then there is no pre-emption

If partners divide the houses, etc.

Hadith # 2496

Narrated Jabir bin `Abdullah:

The Prophet (ﷺ) said,

"The right of preemption is valid in every joint property, but when the land is divided and the way is demarcated, then there is no right of pre-emption."

Sharing gold, silver and other articles

Hadith # 2497, 2498

Narrated Sulaiman bin Abu Muslim:

I asked Abu Minhal about money exchange from hand to hand. He said, "I and a partner of mine bought something partly in cash and partly on credit."

Al-Bara' bin `Azib passed by us and we asked about it. He replied, "I and my partner Zaid bin Al-Arqam did the same and then went to the Prophet (ﷺ) and asked him about it.

He said, 'Take what was from hand to hand and leave what was on credit.' "

Partnership with a Dhimmiin share-cropping

Hadith # 2499

Narrated `Abdullah:

Allah's Messenger (ﷺ) rented the land of Khaibar to the Jews on the condition that they would work on it and cultivate it and take half of its yield

Distribution of sheep and dividing them justly

Hadith # 2500

Narrated `Uqba bin 'Amir:

that Allah's Messenger (ﷺ) gave him some sheep to distribute among his companions in order to sacrifice them and a kid was left. He told the Prophet (ﷺ) about it and the Prophet (ﷺ) said to him, "Sacrifice it on your behalf."

The sharing of food, etc.

Hadith # 2501, 2502

Narrated `Abdullah bin Hisham:

His mother Zainab bint Humaid took him to the Prophet (ﷺ) and said, "O Allah's Messenger (ﷺ)! Take the pledge of allegiance from him." But he said, "He is still too young for the pledge," and passed his hand on his (i.e. `Abdullah's) head and invoked for Allah's blessing for him.

Zuhra bin Ma`bad stated that he used to go with his grandfather, `Abdullah bin Hisham, to the market to buy foodstuff. Ibn `Umar and Ibn Az-Zubair would meet him and say to him, "Be our partner, as the Prophet (ﷺ) invoked Allah to bless you." So, he would be their partner, and very often he would win a camel's load and send it home.

Sharing the slaves

Hadith # 2503

Narrated Ibn `Umar:

The Prophet (ﷺ) said,

"Whoever manumits his share o a jointly possessed slave, it is imperative on him to manumit the slave completely if he has sufficient money to pay the rest of its price which is to be estimated justly. He should pay his partners their shares and release him (the freed one)..

Hadith # 2504

Narrated Abu Huraira:

The Prophet (ﷺ) said,

"Whoever manumits his share of a jointly possessed slave, it is essential for him to manumit the slave completely if he has sufficient money. Otherwise he should look for some work for the slave (to earn what would enable him to emancipate himself), without overburdening him with work."

Sharing the Hady and Budn

Hadith # 2505, 2506

Narrated Ibn `Abbas:

The Prophet (along with his companions) reached Mecca in the morning of the fourth of Dhul-Hijja assuming Ihram for Hajj only. So when we arrived at Mecca, the Prophet (ﷺ) ordered us to change our intentions of the Ihram for `Umra and that we could finish our Ihram after performing the `Umra and could go to our wives (for sexual intercourse). The people began talking about that. Jabir said surprisingly, "Shall we go to Mina while semen is dribbling from our male organs?" Jabir moved his hand while saying so.

When this news reached the Prophet (ﷺ) he delivered a sermon and said, "I have been informed that some peoples were saying so and so; By Allah I fear Allah more than you do, and am more obedient to Him than you. If I had known what I know now, I would not have brought the Hadi (sacrifice) with me and had the Hadi not been with me, I would have finished the Ihram."

At that Suraqa bin Malik stood up and asked "O Allah's Messenger (ﷺ)! Is this permission for us only or is it forever?" The Prophet (ﷺ) replied, "It is forever."

In the meantime `Ali bin Abu Talib came from Yemen and was saying Labbaik for what the Prophet (ﷺ) has intended. The Prophet (ﷺ) told him to keep on the Ihram and let him share the Hadi with him.

Ten sheep as equal to one camel in distribution

Hadith # 2507

Narrated Abaya bin Rifaa:

My grandfather, Rafi` bin Khadij said, "We were in the valley of Dhul-Hulaifa of Tuhama in the company of the Prophet (ﷺ) and had some camels and sheep (of the booty). The people hurried (in slaughtering the animals) and put their meat in the pots and started cooking. Allah's Messenger (ﷺ) came and ordered them to upset the pots, and distributed the booty considering one camel as equal to ten sheep.

One of the camels fled and the people had only a few horses, so they got worried. (The camel was chased and) a man slopped the camel by throwing an arrow at it. Allah's Messenger (ﷺ) said,

'Some of these animals are untamed like wild animals, so if anyone of them went out of your control, then you should treat it as you have done now.' "

My grandfather said, "O Allah's Messenger (ﷺ)! We fear that we may meet our enemy tomorrow and we have no knives, could we slaughter the animals with reeds?" The Prophet (ﷺ) said,

"Yes, or you can use what would make blood flow (slaughter) and you can eat what is slaughtered and the Name of Allah is mentioned at the time of slaughtering. But don't use teeth or fingernails (in slaughtering). I will tell you why, as for teeth, they are bones, and fingernails are used by Ethiopians for slaughtering. (See Hadith 668)"