(1-0-1 page )Allah, exalted is He, said:
“You who have īmān! when you get up to do ṣalāh,
wash your faces and your hands [and your arms] to
the elbows, and wipe over your heads, and [wash]
your feet to the ankles.”
(Al-Mā’idah 5:6)

(10-0-1 page )It is obligatory on the worshipper (muṣallī):
1. To give precedence to purity from ritual and physical impurities,
according to what we have mentioned earlier [in the last chapter],
2. To conceal his nakedness (‘awrah),
The nakedness of a man is whatever is below the navel to the knee – the
knee is [included in] the nakedness but not the navel.
All of the body of a free woman is nakedness, except her face and her two
hands.
Whatever is nakedness for a man, that is [also] nakedness for a slavewoman,
as well as her belly and her back. Anything else of her body is not
nakedness.
Whoever does not find that with which he may remove the physical
impurity, prays with [the physical impurity], and he is not obliged to repeat
the prayer.
Whoever does not find garments, prays naked, seated, indicating the
bowing and the prostration.
If he prays standing, it suffices him, but the former [method] is better.
[And it is obligatory on the worshipper (muṣallī):]
3. To make the intention for the prayer in which he is about to enter, with
an intention which he does not separate from the taḥrīmah38 by any other
action,
4. To face the qiblah, except when he is in a state of fear [in which case]
he may pray [facing] any direction he is able.
If the qiblah is unclear to him and there is no one present whom he may
ask about it, he exerts himself [in working out the qiblah] and then prays.
If he comes to know after he has prayed that he has made an error [in
determining the qiblah], then there is no repetition [of the prayer due] upon
him, but if he comes to know that whilst in the prayer, he turns around
towards the qiblah and forms [the remainder of the prayer] upon [what he has
already done].39

(100-0-1 page )MASTER
When a slave-woman gives birth [to a child] from her master, she
becomes the mother of his child (umm al-walad); it is not permitted for him
to sell her nor to transfer her in ownership.995 He may, however, have sexual
intercourse with her, avail of her services, hire her out and marry her away.
The paternity of her child is not established unless the master
acknowledges it. Then, if she bears a child after that,996 his paternity of it is
established without acknowledgement. And, if he denies it, it is [legally]
negated by his statement [of denial].
If he marries her away and she bears a child, then it comes under the
[same] ruling as its mother.
When the master dies, she is set free from all the property.997 If the master
was a debtor, working for the creditors is not binding upon her.
When a man has sexual intercourse with the slave-woman of someone
else, in marriage, and she gives birth from him, then later he acquires
ownership of her, she becomes an umm al-walad to him.
When a father has sexual intercourse with his son’s slave-woman and she
bears a child, and he claims it, his paternity is established and she becomes
his umm al-walad; her price will be due upon him, but [the payment of] her
compensatory dowry (‘uqr)998 or the price of her child will not be due from
him.
If the paternal grandfather [of the master] has sexual intercourse with her,
with the existence of the father [of the master], his paternity is not
established, but if the father is deceased, the paternal grandfather’s lineage is
established, just like the father’s paternity.
If the slave-woman is [shared] between two partners, and she bears a
child:
1.
If either of the two claims it, his paternity is established, she becomes
his umm al-walad, and half her compensatory dowry and half her
value is due [as payment] from him, but there is nothing due from him
[as liability] for the value of her child;

(101-0-1 page )If both of [the partners] claim it together, paternity is established to
both of them, and the slave-woman becomes an umm al-walad to
them both, each of the two is [liable for] half her compensatory
dowry, they clear their property for the other equally.999 The son
inherits from each of the two the full inheritance [share] of a son,1000
both of them inherit from him the [equivalent] inheritance of one
father.1001
When the master has sexual intercourse with the slave-woman of his slave
who has contracted with him to purchase his freedom (mukātab), and she
bears a child, and he claims it:
1.
If the slave who has contracted to purchase his freedom (mukātab)
confirms him [in that], his [the master’s] paternity is established and
[the payment of] her compensatory dowry is due from him as well as
the value of her child, but she does not become his umm al-walad;
2.
If the slave who has contracted to purchase his freedom (mukātab)
denies his [the master’s] paternity, his paternity of him [the child] is
not established.
AL-MUKĀTAB – THE SLAVE WHO CONTRACTS
TO PURCHASE HIS FREEDOM
When a master makes his slave or his slave-woman a mukātab upon [the
payment of] property which he stipulates for them, and the slave [or slavewoman]
accepts that contract,1002 he [or she] becomes a mukātab.1003,1004
It is permitted to stipulate the [payment of] the property immediately, it is
[also] permitted to delay it, and [to pay it] in instalments.
The contract for a minor slave to purchase his freedom is permitted when
he comprehends [the acts of] buying and selling.
When the contract for the slave to purchase his freedom (kitābah) is valid,
the slave who has contracted to purchase his freedom (mukātab) goes out of
the possession of the master, but does not leave his ownership. It is permitted
for him to sell, buy and travel, but it is not permitted for him to marry unless
the master gives him permission. He may not give anything as a gift or in
charity except something slight, and neither is he to act as a surety [for
anyone]. If a child is born to him from his slave-woman, it enters into his
contract to purchase his freedom (kitābah); its [legal] ruling is just like the
ruling of its father and its earnings are [also] his.
If a master marries off his slave to his [own] slave-woman, then later
gives them both contracts to purchase their freedom,1005 and she bears him a
child, it enters her contract to purchase her freedom, and its earnings are hers.
If the master has sexual intercourse with his slave-woman who has
contracted to purchase her freedom (mukātabah), the compensatory dowry
(‘uqr) is binding upon him. If he harms her or her child, the [payment of]
damages [or retaliation against him] is binding upon him,1006 and if he
destroys any of her property, he owes it [to her].1007
When the slave who has contracted to purchase his freedom buys his
[own] father, or his [own] son, they are comprised in his contract to purchase
his freedom. If he buys the slave-woman who is the mother of his child (umm
al-walad) together with her child, her child is comprised in the contract to
purchase his freedom, and selling her is not permitted for him. If he buys an
un-marriageable relative (dhū raḥm maḥram) who has no relationship of
birth1008 to him, according to Abū Ḥanīfah, may Allah have mercy on him,
they are not comprised in his contract to purchase his freedom.
When the slave who has contracted to purchase his freedom (mukātab) is
unable [to pay] an instalment, the judge (ḥākim) should look into his
circumstances:
1.
If he is owed [a] debt whose discharge he is seeking, or some property
is to come his way, then [the ḥākim] should not hurry in declaring him
insolvent (‘ājiz), but allow him two or three days;
2.
If he has no resort [to anything] and the master demands declaration
of his insolvency, the judge declares him insolvent and repeals the
contract for the slave to purchase his freedom (kitābah).
Abū Yūsuf, may Allah have mercy on him, said, “He should not declare
him insolvent until two successive instalments are due from him.”
When the slave who has contracted to purchase his freedom (mukātab)
becomes insolvent, he returns to the [legal] ruling of slavehood, and whatever
earnings he has in his [own] possession are his master’s.
When the the slave who has contracted to purchase his freedom dies and
he has some property, the contract to purchase his freedom is not rescinded.
Whatever is due from him is discharged from his property and it is ruled that
he was set free during the last part of his life.1009 Whatever remains is
inheritance for his heirs,1010 and his children are set free.
If he did not leave [enough] to settle [the contract], and he leaves behind
one child who was born during the [period of] the contract to purchase his
freedom, he is to work for his father’s contract’s instalments. So, when he has
paid [the complete dues], we rule the setting free of his father before his
death, and the child is [also] set free.
If he leaves a child whom he had bought during the [period of] the
contract to purchase his freedom, it is said to him, “Either you pay the
contract [dues] to purchase [your] freedom immediately, or you will be
returned to slavery.”
When a Muslim makes a contract for his slave to purchase his freedom
with:
1. Wine,
2. Swine, or
3. For the value of the slave [himself],
the contract to purchase his freedom is invalid. But, if [the slave] furnishes
the wine, or swine, he is set free and it is binding upon him to work for his
value which shall not decrease from the specified [amount], but it may
increase.1011
If he gives him a contract to purchase his freedom for an unspecified
animal, the contract (kitābah) is permitted.
If he gives him a contract to purchase his freedom for a garment, the type
of which is not mentioned [in the contract], it is not permitted, and [even] if
he furnishes it, he is not set free.
If he gives two of his slaves a contract to purchase their freedom in one
contract1012 for a thousand dirhams, if both of them pay, they are both set
free, but if both of them are insolvent, they are both returned to
slavehood.1013
If he gives them a contract to purchase their freedom on [the condition]
that each of them is responsible for the other, the contract is permitted;
whichever of the two pays, they are both set free, and he resorts to his partner
for a half of what he [himself] has paid.
When a master sets his slave who has contracted to purchase his freedom
free, he is set free with [the master’s act of] manumitting [him], and the
[payment of the] property of the contract is waived.
When the master of the slave who has contracted to purchase his freedom
dies, the contract for the slave to purchase his freedom is not rescinded.
And it is said to [the slave who has contracted to purchase his freedom],
“Pay the property to the heirs of the master according to its instalments.” If
any of the heirs set him free, his being set free is not executed, but if all of
them set him free, he is set free and the [payment of] the property of the
contract is waived.

(102-0-1 page )1016 When a man sets his slave free, and likewise when a woman sets [a slave]
free, the clientage (walā’) of [that freed slave] is for [the master or mistress].
If he makes a condition that he is set loose [without walā’], then the condition
is void.
The clientage belongs to the person who sets [the slave] free.
When the slave given a contract to purchase his freedom pays off [his
dues], he is set free and his clientage is for the master. If he is set free after
the death of the master, then his clientage is for the heirs of the master.
When the master dies, his slaves who were to be freed on his death
(mudabbars) and the slave-women who are mothers of his children (ummahāt
al-awlād) are set free, and their clientage is his.
Whoever acquires ownership of an un-marriageable relative (dhū raḥm
maḥram), he is set free from him, and the clientage of [the un-marriageable
relative (dhū raḥm maḥram)] is his.
When the slave of one man marries the slave-woman of another, and the
master of the slave-woman sets the slave-woman free, and she is pregnant by
the slave (i.e. her husband), she [as well as] her foetus, are [both] set free.
The clientage of the foetus is for the master of the mother from whom it will
never be transferred. If she gives birth to a child after more than six months
of her being set free, then its walā’ is for the master of the mother, but then if
the father is set free, he draws the clientage of his son and it is transferred
from the master of the mother to the master of the father.
When a non-Arab marries a freed slave-woman of an Arab, and she gives
birth to children from him, the clientage of her child is for her masters,
according to Abū Ḥanīfah and Muḥammad, may Allah have mercy on them,
but Abū Yūsuf, may Allah have mercy on him, said that the clientage of her
children will be for their father because the lineage is [linked] to the fathers.
The clientage of being set free is [subject to] consanguine orientation
(ta‘ṣīb).1017 Thus, if the freed slave has a consanguine inheritor in lineage, he
is the closest to him, but if he has no consanguine inheritor in lineage, then
his inheritance is for the one who set him free.1018
If the master dies, and then later the freed slave [also] dies, the inheritance
of [the freed slave] is for the sons of his master not for his daughters.
Women have no clientage except:
1. Of those whom they set free, or
2. Those whom they set free [in turn] set free,
3. Those whom they give a contract to purchase their freedom (kitābah),
or
4. Those whom they have given a contract to purchase their freedom [in
turn] give a contract to purchase their freedom (kitābah), or
5. Those they declare to be free after their death (mudabbar), or
6. Those they declare to be free after their death [in turn] declare free
after their death, or
7. Who attract the clientage of someone whom they have freed, or
8. [Who attract the clientage] of the freed slave of someone whom they
freed.
When the master [dies and] leaves a son, and the children of another
son,1019 the inheritance of the freed slave is for the son [and] not for the
grandsons, because the clientage is for the eldest.
When a person becomes Muslim at the hands of a man and makes a treaty
of clientage with him that he will inherit [the new-Muslim] and [also] pay on
his behalf when he commits [an] offence, or he becomes Muslim at the hands
of someone else and makes a treaty of clientage with him, the clientage is
valid.
The legal responsibility [of the slave] is upon the master.1020 Hence, if he
dies and has no heir, then his inheritance is for the master, but if he does have
an heir, then [the heir] has more right than [the master].
The master may transfer the clientage from himself onto someone else as
long as he has not acted as legally responsible for him.1021 When he has acted
as legally responsible for him, then he may not transfer his clientage to
anyone else.
It is not [permissible] for the freed slave to enter into a treaty of clientage
with anyone.1022

(104-0-1 page )When a man kills [another man] quasi-intentionally (shibh al-‘amd), then
the group who are responsible for him (‘āqilah) are liable for a severe
compensatory payment (diyah mughallaẓah), and [the offender] must make
expiation.1042
According to Abū Ḥanīfah and Abū Yūsuf, may Allah have mercy on
them, the compensatory payment (diyah) for quasi-intentional (shibh
al-‘amd) homicide is one hundred camels of four types:
1. Twenty-five camels that are daughters of a pregnant camel, and that
have begun their second year (bint makhāḍ),
2. Twenty-five camels that are daughters of a suckling camel, and that
have begun their third year (bint labūn),
3. Twenty-five camels ready for riding and carrying loads, and that
have begun their fourth year (ḥiqqah), and
4. Twenty-five camels that have entered their fifth year (jadha‘ah).
Severity (taghlīẓ) [in compensatory payment] is not established [in
anything] but camels. Thus, if judgement is given [to pay] the compensatory
payment in something other than camels, it is not [regarded as] severe
(mughallaẓah).
[With regards to] unintentional homicide (qatl al-khaṭa’), compensatory
payment for it is incumbent upon the group responsible for the person who
committed the homicide (‘āqilah) and expiation is binding on the killer.
The compensatory payment (diyah) in unintentional homicide ([qatl] alkhaṭa’)
is one hundred camels of five types:
1. Twenty camels that are daughters of a pregnant camel, and that have
begun their second year (bint makhāḍ),
2. Twenty male camels that are sons of a pregnant camel and that are of
one year’s age (ibn makhāḍ),
3. Twenty camels that are daughters of a suckling camel, and that have
begun their third year (bint labūn),
4. Twenty camels ready for riding and carrying loads, and that have
begun their fourth year (ḥiqqah), and
5. Twenty camels that have entered their fifth year (jadha‘ah).
In gold, [it is] one thousand dinars, and in silver, [it is] ten thousand
dirhams.
Compensatory payment (diyah) is not established except with these three
categories, according to Abū Ḥanīfah, may Allah have mercy on him, but
they,1043 may Allah have mercy on them, said regarding that, “[It is] with
them (camels, gold and silver) and with cows, [it] is two hundred cows; in
goats and sheep (ghanam), two thousand goats or sheep and in clothing, two
hundred sets of clothing (ḥullah) where each set of clothing is of two
garments.”1044
The compensatory payment (diyah) for a Muslim and [for] a non-Muslim
living under Muslim governance (dhimmī) is the same.1045 For [taking] life
[there] is [payment of] the compensatory payment.

(105-0-1 page )When someone is found slain in a locality and it is not known who killed
him, fifty men, whom the heir [of the slain man] (walī) chooses, are made to
swear an oath: “By Allah! We did not kill him and neither do we know of his
killer.”
When [after] they have sworn, compensatory payment (diyah) is adjudged
to be due from the people of the locality.1071
The heir [of the slain man] (walī) is not required to swear [the oath] nor is
he adjudicated against with [respect to] the offence, even if he does swear
[the oath].
If any of them refuse [to swear the oath], he is taken into custody until he
swears.
If the people of the locality do not complete [the quorum of fifty], the
oaths are repeated amongst them until they complete fifty oaths.
Minors, the insane, women and slaves are not included in the
qasāmah.1072
If a dead [body] is found, and there is no sign upon it,1073 there is no
qasāmah or compensatory payment (diyah) [for it], and likewise if blood is
pouring from his nose, his behind or [from] his mouth. If, however, [the
blood] is emerging from his eyes or his ears, then he has been killed.
When a slain person is found on a mount which a man was driving, then
compensatory payment (diyah) is due from the group legally responsible for
him (‘āqilah) not from the people of the locality.
If the slain person is found in the house of a person, the qasāmah is due
from [the occupier of the house] and compensatory payment (diyah) is due
from the group legally responsible for him (‘āqilah).
Lessees shall not enter the qasāmah with [the presence of] landlords,
according to Abū Ḥanīfah, may Allah have mercy on him.1074 It is due from
the original authorised settlers (ahl al-khiṭṭah) and not buyers,1075 even if
[only] one of them remains.
If the slain person is found on a boat, the qasāmah is due from whomever
is embarked [on it] and the boatmen who are in it.
If he is found in a locality’s mosque, the qasāmah is due from the
inhabitants of that locality.
If he is found in a congregational (jāmi‘) mosque, or [in] a main road, then
there is no qasāmah in it, and the compensatory payment (diyah) is due from
the public treasury (bayt al-māl).
If he is found in the wilderness where there is no building close by, then
he is not to be retaliated for and it goes uncompensated (hadar). If he is
found between two villages, [the qasāmah] is due from the closer of the two.
If he is found in the middle of the [River] Euphrates1076 and water is
flowing over him, then he is not to be retaliated for and it goes
uncompensated. If he is held to the bank [of the river], then he is [the
liability] of the closest of the villages to that place.
If the heir [of the slain] (walī) accuses one specific person of the people of
the locality with murder, the qasāmah does not lapse from [the other people
of the locality], but if he claims [the murder] against someone other than [the
locals], qasāmah lapses from them.
When the oath-taker says, “So-and-so killed him,” he is made to swear an
oath: “By Allah! I did not kill [him] and neither do I know of his murderer,
other than so-and-so.”
When two of the people of the locality testify against a man, other than
[the locals] that he killed him, their testimony is not accepted.

(106-0-1 page )RESPONSIBLE GROUP
Compensatory payment (diyah) for quasi-intentional ([qatl] shibh
al-‘amd) and unintentional ([qatl] al-khaṭa’) [homicide] and every
compensatory payment that is incumbent due to homicide itself,1077 are due
from the legally responsible group (‘āqilah).
The ‘āqilah are the people of the register (dīwān) (of military
personnel)1078 if the killer is from the people of the register; [the diyah] is
taken from their wages over three years.
If the wages are paid in more than three years, or less, it shall
[nevertheless] be taken from them.
Whoever is not of the people of the register (dīwān) [of military
personnel], then his legally responsible group (‘āqilah) are his tribe, from
whom [diyah] is taken in instalments over three years, no one [paying] more
than four dirhams [in total]. In each year [the payment] is one dirham and two
dāniqs1079 [per head]. [The total payment] may be less than [four dirhams].
If the tribe cannot afford that [amount], the tribe closest to them are
merged with them and the killer will join with the legally responsible group,
and he will be like one of them in whatever he pays.1080
The group legally responsible for a freed slave is the tribe of his master.
The person who has become a client (mawlā) of amity (mawalāt),1081 his
master (mawlā) and the tribe of [the master] pay [compensatory payment] on
his behalf.
The group who are responsible (‘āqilah) do not undertake [the payment
of] less than a half of a tenth1082 of the compensatory payment, and it
undertakes a half of the tenth or more. Whatever is less than that [amount of
the total liability], is [taken] from the property of the offender.1083
The legally responsible group does not pay [compensatory payment
(diyah)] for an offence [committed] by a slave, nor does it pay for the offence
to which the offender confesses, unless they all confirm it.1084 They do not
pay [compensatory payment (diyah)] for what becomes binding by negotiated
settlement.
When a free man commits an offence of unintentional ([qatl] al-khaṭa’)
[homicide] against a slave, it is [a liability] upon his legally responsible group
(‘āqilah).

(107-0-1 page )OF THE LIMITS1085

(108-0-1 page )UNLAWFUL SEXUAL INTERCOURSE
When a man accuses a muḥṣan man or a muḥṣanah woman of explicit
unlawful sexual intercourse without substantiation, and the person accused of
unlawful sexual intercourse (maqdhūf) demands the ḥadd punishment, the
judge (ḥākim) is to carry out the ḥadd punishment on [the accuser].1115 [It is]
eighty lashes if he is a free man, which are dispersed over his limbs. He is not
to be stripped of his clothes, except that fur and padding are removed from
him. If he is a slave, [the ḥākim] lashes him forty times.
Iḥṣān1116 is that the person falsely accused of unlawful sexual intercourse
(maqdhūf) be:
1. Free,
2. Adult,
3. Sane,
4. Muslim, and
5. Abstaining from the act of unlawful sexual intercourse.
Whoever denies the lineage of someone and says, “You are not your
father’s,” or “O son of an adulteress,” and his mother was a muḥṣanah who is
dead, and the son demands the ḥadd punishment for her, the person who
makes the unsubstantiated allegations of sexual misconduct is subjected to
the ḥadd punishment.
The ḥadd punishment for unsubstantiated accusations of unlawful sexual
intercourse by the deceased is only demanded by someone in whose lineage
impairment occurs due to the unsubstantiated accusations of unlawful sexual
intercourse [made by the offender].1117
When the person against whom the unsubstantiated allegations are made
is muḥṣan, it is permissible for his non-Muslim son and [also] his slave to
demand the ḥadd punishment.
The slave may not demand [the ḥadd punishment] for his [own] master for
unsubstantiated accusations of unlawful sexual intercourse [made] against his
[own] free mother.
If someone confesses to [making] unsubstantiated accusations of unlawful
sexual intercourse, and then later retracts [it], his retraction is not accepted.
Whoever says to an Arab, “O Nabatean” is not subject to the ḥadd
punishment, and whoever says to a man, “O son of the Water of the Sky (Mā’
as-Samā’)”1118 has not made an unsubstantiated allegation of sexual
misconduct. When someone ascribes [another] to his paternal uncle, to his
maternal uncle, or to the husband of his mother, he has not made an
unsubstantiated allegation of sexual misconduct.
Whoever has ḥarām sexual intercourse in a place other than his own
property, then the person who makes an unsubstantiated accusation of
unlawful sexual intercourse against him is not subject to the ḥadd
punishment.
A woman whose husband engaged in the process of li‘ān with her who
has a child [whose paternity he did not accept], the person who makes an
unsubstantiated accusation of unlawful sexual intercourse against her is not
subjected to the ḥadd punishment.1119 If, however, the woman whose
husband engaged in the process of li‘ān with her is without a child then the
person who makes an unsubstantiated accusation of unlawful sexual
intercourse against her is subject to the ḥadd punishment.
Whoever without substantiation accuses a slave-woman, a slave or a non-
Muslim of unlawful sexual intercourse, or makes unsubstantiated accusations
against a Muslim of [an act] other than unlawful sexual intercourse and says,
“You deviant (fāsiq),” “O disbeliever (kāfir),” or “You foul person (khabīth)”
is to be subjected to a discretionary punishment, but if he says, “You donkey
(ḥimār),” or “You pig (khinzīr)” he is not subject to a discretionary
punishment.

(109-0-1 page )HIGHWAY ROBBERS
When an adult, sane person steals ten dirhams, or that whose value is ten
dirhams, coined1122 or un-coined, from a well-protected place about which
there is no doubt, then amputation is prescribed1123 against him. The free man
and the slave are [deemed] the same in this [matter].
Amputation becomes obligatory by:
1. His single confession, and [also] by
2. The testimony of two [male] witnesses [against him].
If a group join together to steal, and each one of them acquires ten
dirhams, he is subject to amputation, but if he acquires less that that
[amount], he is not subject to amputation.
One is not subject to amputation for [the theft of] what is found to be
insignificant and ownerless in the abode of Islam (dār al-Islām), like wood,
grass, cane, fish and game, nor for what perishes quickly, like fresh fruit,
milk, meat, melons, fruit on trees and crops that have not been harvested.
One is not subject to amputation for [the theft of]:
1. Delicious beverages,
2. A lute, nor for the theft of
3. A written copy of the Qur’ān (muṣḥaf) even if there is decoration on
it,1124
4. A crucifix [made] from gold and silver,
5. Chess [set] or backgammon.1125
There is no amputation for the kidnapper of a free minor, even if there
may be jewellery on him, nor for the abductor of an adult slave.
The kidnapper of a minor slave is subject to amputation.
There is no amputation for [the theft of] any files except for files of
accounts.1126
The thief of a dog, a lynx, a tambourine, a drum and a woodwind musical
instrument (mizmār) is not subject to amputation, but he is subject to
amputation for [the theft of] teak, the shaft of a spear, ebony and sandalwood.
When pots and doors are manufactured from wood, someone is subject to
amputation [for the theft of it].
There is no amputation for a male or female fraudster, a bodysnatcher, a
looter or a pilferer.
Someone who steals from the public treasury (bayt al-māl) is not subject
to amputation, nor for [the theft of] property in which the thief has a
share.1127
Whoever steals from his [own] parents, from his son or from an unmarriageable
relative (dhū raḥm maḥram) is not subject to amputation, and
likewise when one of the spouses steals from the other, a slave from his
master or from the wife of his master, from the husband of his mistress, or a
master [steals] from his slave to whom he has given a contract to buy his
freedom (mukātab), and similarly someone who steals from booty.

(110-0-1 page )There are four [types of] prohibited drinks:
1. Wine – and that is the juice of grapes when it ferments,1136 becomes
strong1137 and gives off froth,1138
2. Expressed fruit juice – when it is cooked until less than two-thirds of
it has gone,1139
3. The infusion (naqī‘) of dates,1140 and
4. The infusion of raisins, when it ferments and becomes strong.
Mead (nabīdh) of dates and [of] raisins, when each of the two is cooked
with minimum cooking is lawful, even though it becomes strong, when one
drinks some of it predominantly believing that it will not intoxicate him, not
[drinking it] for amusement and pleasure,1141 and there is no objection to the
mixture of the two.1142
The mead of honey, figs, wheat, barley and durra1143 is lawful, even
though it may not be [fully] cooked.1144
The juice of grapes, when it is cooked until two-thirds of it has gone from
it, is lawful, even if it is strong.
There is no harm in producing mead inside a gourd, a fresh pitcher, a
pitcher smeared with pitch or a hollowed piece of wood (naqīr).
When wine becomes vinegar it is lawful, irrespective of [whether] it
changes into vinegar on its own or due to something cast into it. It is not
disapproved to make [wine] into vinegar.

(111-0-1 page )SLAUGHTER
Hunting with a trained dog as well as with a lynx,1145 a falcon and with all
trained predators, is permitted.
The training of a dog is that it refrains [from] eating three times,1146 and
the training of a falcon is that it returns when you summon it.
If someone sets his trained dog, his falcon or his hawk on game, and
pronounces the name of Allah, exalted is He, on sending it, and it seizes the
game and wounds it, and [the game] dies, eating it is lawful. But if the dog or
lynx eats of it, it is not eaten. If, however, the falcon eats of it, it may be
eaten.
If the person who loosed [the trained animal] finds the game [still] alive, it
is incumbent upon him to slaughter it, and if he refrains from slaughtering it
until it dies, it is not to be eaten.
If the dog strangles [the game and it dies] and it did not wound it, it
should not be eaten.
If an untrained dog, the dog of a Magian, or a dog over which the name of
Allah, exalted is He, has not been mentioned, shares in [killing the game], it
should not be eaten.
When a person shoots an arrow at game and says the name of Allah,
exalted is He, whilst shooting, if the arrow wounds it and it dies, whatever it
hits [and kills] may be eaten. If he finds it alive, he slaughters it, and if he
refrains from slaughtering it, it is not to be eaten.1147
When the arrow hits the game and [the game] carries on [it] until it
disappears and he continues searching until he finds it dead, it may be eaten.
But if he gave up pursuing it, and then later found it dead, it is not to be
eaten.
If someone shoots game and [the game] ends up in water, it is not to be
eaten, and likewise if it lands on a roof or a mountain, then later falls down
off it onto the ground, it is not to be eaten. However, if it initially ended up
on the ground, it may be eaten.1148
Whatever a blunt object (mi‘rāḍ) hits with its width is not to be eaten,1149
but if it [merely] wounds it, it may be eaten.1150
Whatever a pellet1151 hits, it is not to be eaten, if it dies from it.
When someone shoots [an arrow] at game and severs a limb from it, the
game may be eaten, but the [severed] limb is not to be eaten. If [the arrow]
cuts it into three and most of it is connected to the posterior, [then] all [of it]
may be eaten,1152 but if most of it is of that which is connected to the head,
[then] the larger [part] may be eaten.1153
The game of the Magian, the apostate, the idolater and the person in iḥrām
is not to be eaten.
Whoever shoots [an arrow at] game and hits it, but does not weaken it and
does not take it out of the boundary of prohibition,1154 and another [person]
casts [an arrow] at it and kills it, then it belongs to the second [hunter], and it
may be eaten.
But if the first [hunter] had weakened it, and the second [hunter] shoots at
it and kills it, it belongs to the first [hunter], but it is not to be eaten.1155 The
second [hunter] compensates for its value to the first less whatever the
wounding of it had diminished.1156
It is permitted to hunt the animal whose meat is [lawfully] eaten or not
[lawfully] eaten.
The animal (dhabīḥah) slaughtered by a Muslim and by a person of the
People of the Book (kitābī) is lawful,1157 but the animal slaughtered by an
apostate, a Magian, an idolater and a person in iḥrām is not to be eaten.
If the slaughterer deliberately omits saying the name of Allah, the
slaughtered animal is [deemed to be] something that has died1158 and is not to
be eaten, but if he leaves it out of forgetfulness it may be eaten.

(112-0-1 page )Sacrifice is incumbent upon every free Muslim man, who is resident and
[financially] well-off, on the day of Adḥā.1173
He should slaughter [an animal] on his own behalf and on behalf of his
minor child. He should slaughter on behalf of each of them a sheep or goat or
he should slaughter a camel or a cow on behalf of seven [persons].
It is not incumbent on the needy and the traveller to sacrifice.
The time of the sacrifice begins at dawning of the fajr on the day of
sacrifice (naḥr), except that it is not permitted for those living in cities to
slaughter until the Imam has offered the ‘Īd prayer. With regards to village
inhabitants, they may slaughter after the dawning of the fajr.
[Slaughtering] is permitted for three days; the day of sacrifice (naḥr) and
two days after it.
One may not sacrifice blind, one-eyed and lame [animals] which cannot
walk to the place of sacrifice, nor [does one sacrifice] emaciated [animals].
It is not sufficient [to sacrifice] an [animal] which has a severed ear or tail,
nor the [animal] a major portion of whose ear or tail is missing. If the larger
[part] of its ear or tail remains then [that] is permitted.
It is permitted to sacrifice a hornless [animal], one that is gelded, scabbed
or mad.
Sacrifice is [only] of camels, bovine animals and sheep and goats
(ovines); it is sufficient for them each to be thanī1174 or above, other than the
sheep for which a jadha‘1175 suffices.
One may eat from the meat of the sacrifice, feed [it to] those who are not
in need and to the needy, and one may [also] store [some of] it.
It is recommended not to give less of it in ṣadaqah than a third.1176 He
may give its hide as ṣadaqah or [he may] make an instrument from it which
may be used in the house.
It is better for someone to slaughter his own sacrifice [animal] with his
own hands, if he slaughters well.
It is disapproved for one of the People of the Book (kitābī) to slaughter it.
When two men err and each of them slaughters the sacrificial animal of
the other, it suffices on behalf of both of them, and there is no liability against
either of the two.

(113-0-1 page )There are three types of oath:
1. A false oath (yamīn ghamūs),
2. An enacted oath (yamīn mun‘aqidah), and
3. An unintentional oath (yamīn laghw).
The false oath is the oath about a past matter by which a lie is intended.
This is the oath by which its exponent becomes sinful. There is no expiation
for it other than repenting and seeking forgiveness.
The enacted oath is the oath someone swears about a future matter that he
will do it or not do it. If he violates that, expiation is binding upon him.
The unintentional oath is that someone swears about a past affair thinking
that it was as he says, but the matter was contrary to that. This [type of] oath,
we hope that Allah will not take its exponent to task for it.
Someone who intends an oath, and someone who is coerced or absentminded
are the same [with regards to oath-taking]; whoever does that which
he swore an oath to do under coercion or absent-mindedly it is [deemed] to
be the same.
The oath [is made]:
1. By Allah ,
2. Or by one of His names like ar-Raḥmān (the All-Merciful) and ar-
Raḥīm (the Most Merciful),
3. Or by one of the attributes of His essence, like ‘the honour of Allah’,
‘His majesty’ and ‘His magnificence’,
but not by saying ‘by the knowledge of Allah’ for that is not [counted as]
an oath.
If someone swears an oath by the attributes of action, such as ‘the wrath of
Allah’ and the ‘displeasure of Allah’, he is not considered an oath-taker
(ḥālif).
Whoever swears an oath by [something] other than Allah is not an oathtaker
(ḥālif), such as [by] the Prophet , the Qur’ān and the Ka‘bah.
The oath is [made with] the letters of oath, and the letters of oath are
three:
1. The wāw ( ), like one’s saying, “wa’llāhi – by Allah!”,
2. The bā’ ( ), like one’s saying, “bi’llāhi – by Allah!”, and
3. The tā’ ( ), like one’s saying, “ta’llāhi – by Allah!”.
Sometimes, the letters of oath are implied so that one is [still] an oathtaker
(ḥālif), like one’s saying, “Allah!1177 I will not do such-and-such.”
Abū Ḥanīfah, may Allah have mercy on him, said that when one says, “wa
ḥaqqi’llāhi – by the right of Allah!” he is not an oath-taker (ḥālif).
When he says:
1. “I swear,”
2. “I swear by Allah,”
3. “I swear an oath,”
4. “I swear an oath, by Allah,”
5. “I testify,” or
6. “I testify, by Allah,” then he is an oath-taker (ḥālif).
Likewise, his saying,
1. “By the compact of Allah,” and
2. “By His covenant.”
If he says, “A pledge is binding on me,” or “The pledge of Allah [is
binding on me],” then it is an oath.
If he says, “If I do such-and-such, then I am a Jew, Christian, Magian,
idolator or a disbeliever,” it is an oath.
If he says, “Upon me be the wrath of Allah,” or “…His displeasure,” then
he is not an oath-taker (ḥālif), and likewise, if he says, “If I do such-and-such,
then I am a fornicator, drunkard or usurer,” then is not an oath-taker (ḥālif).

(114-0-1 page )The plaintiff (mudda‘ī) is whoever is not compelled [back] into a litigation
whenever he abandons it, but the defendant (mudda‘ā ‘alayhi) is whoever is
compelled to litigation.
The suit is not accepted unless [the plaintiff] mentions something specific
in its type and [in] its amount. Thus, if it is an item in the possession of the
defendant, he is charged to present it so that he may point it out for the claim,
but if it is not present, he must mention its value.
If [the plaintiff] sues for real estate, he should define it and [also] mention
that it is in the possession of the defendant, and that he (i.e. the plaintiff) is
seeking it. If it is a personal right, [the plaintiff] should mention that he is
seeking it.
When the suit is established, the judge (qāḍī) questions the defendant in
relation to it. If he confesses, [the judge] decides against him in it, but if he
denies, [the judge] demands evidence from the plaintiff. If [the plaintiff]
produces [the evidence], [the judge] decides by it, but if [the plaintiff] is
unable to do that and he demands an oath from his adversary, [the defendant]
is made to swear an oath upon the suit.
If [the plaintiff] says, “I have evidence present,” and he demands an oath,
[the defendant] is not made to swear an oath, according to Abū Ḥanīfah, may
Allah have mercy on him.
The oath is not returned to the plaintiff.1202
Evidence from the person who owns the property is not accepted in
unspecified ownership.1203
When the defendant refuses to take the oath, the judge decides against him
on the refusal to take the oath (nukūl), and whatever has been claimed against
him becomes binding upon him.
The judge ought to say to him: “I offer you [to take] the oath thrice, so if
you do take the oath [it is better], but if not, I shall decide [the case] against
you regarding whatever he has claimed.”
When [the judge] has repeated the proposal three times, he decides against
him on the refusal to take the oath (nukūl).
If the claim is of marriage, the defendant should not be administered an
oath, according to Abū Ḥanīfah, may Allah have mercy on him.
He will not be made to swear an oath in [the cases of] marriage
(nikāḥ),1204 a revocable divorce (raj‘ah),1205 the rescission of an oath to
abstain from sexual intercourse with one’s wife for a period of four months or
more (īlā’),1206 slavery (riqq),1207 the paternity case with a slave-woman
(istīlād),1208 paternity (nasab),1209 clientage (walā’),1210 cases involving ḥadd
punishments1211 and imprecation by both parties (li‘ān).1212
They,1213 may Allah have mercy on them, however, said that one is
administered an oath in all of these [cases] except in [the cases of] ḥudūd and
li‘ān.
When two persons claim one [and the same] item which is in the
possession of another, and each of the two alleges that it is his, and both of
them establish evidence, [the judge] decides in that [to divide it] between
both of them.1214 If each [one] of the two claim to be married with one [and
the same] woman, and both of them provide evidence [to his own claim],
then he (the judge) does not decide on [the basis of] either of the two pieces
of evidences, and he resorts to the confirmation of the woman of either of the
two [claimants].
If two persons make a claim, such that each of the two [claims that he]
bought this particular slave from [a third party], and both of them provide
evidence, then each of the two has a choice:
1. If he wants, he may take half of the slave for half of the price,1215 or
2. If he wants, he may abandon [the claim].
If the judge decides between the two1216 and one of them says, “I do not
want [my half share of the slave],” it is not valid for the other to take the
whole of him.
If each of the two mentions a date,1217 then [the slave] belongs to the
earlier of the two,1218 but if they do not mention a date and one of the two has
[current] possession [of the slave], he has more right to him.
If one of the two claims [to have acquired the slave through] ‘purchase’
and the other [claims to have been given him as a] ‘gift’ and they both took
‘possession’, and both of them establish evidence with no date [of ownership]
for either of them, then the purchase has more right than the other [claim].
If one of the two claims [to have acquired the slave by] purchase and the
woman claims that [the other party] married her by [giving] him [as a dowry
to her],1219 then both of them are equal [in their claims].
If one of the two claims [the slave was placed with him as a] pledge along
with [his having taken] possession, and the other [claims] [he was given him
as a] gift along with [his having taken] possession, then the [person given
him as a] pledge has more right.
If two people who do not have possession establish evidence of
[ownership of] property and a date [of ownership], then the one with the
earlier date has more right.
If both of them claim buying from one [and the same] person, and both of
them establish evidence for two [different] dates, then the [purchaser who
bought it on the] first [date] has more right.1220
If each of the two establish evidence of purchasing from the other
[person], and both of them mention one [and the same] date, then both of
them are equal.1221
If an individual not having possession provides evidence of a dated
ownership and someone having possession [also] establishes evidence of
prior ownership, [the latter] has more right.
If an individual not having possession and someone having possession
both provide evidence regarding offspring1222 [of an animal], then the person
with possession has more right [to the claim].
It is likewise [the case with] the weaving of clothes which are woven only
once, and every cause of ownership that does not repeat.1223
If the individual not having possession provides evidence regarding
unqualified ownership, and the one with possession [of it provides] evidence
of purchase from him, the one with possession has more right [to it]. If each
of the two provide evidence of purchasing [it] from the other and neither of
them has a date [of purchase], both evidences will contradict1224 each
other.1225
If one of the two claimants produces two male witnesses, and the other
[produces] four, both of them are equal.1226
Whoever files for retaliation (qiṣāṣ) against someone, and [the defendant]
denies [it], is administered an oath. If he refuses to take the oath which is for
retaliation for something other than for homicide,1227 [the sentence of]
retaliation is binding upon him, but if he refuses to take the oath for
retaliation for homicide, he is detained until he confirms [the charge] or takes
the oath.
Abū Yūsuf and Muḥammad, may Allah have mercy on them, said that
compensatory payment (arsh) is binding upon him in both [cases].
When the plaintiff says, “I have evidence with me,” it is said to his
adversary, “Give him a guarantor for yourself [within] three days.”1228
If [the defendant] does so [it is better], otherwise, the order is given for
someone to assiduously accompany him, unless he is a stranger on a journey,
in which case he is assiduously accompanied for the measure of [the court]
session of the judge.
If the defendant says, “Such-and-such an absent person has entrusted me
with this thing,” or “…he pledged it with me,” or “…I expropriated it from
him,” and he produces evidence for that, then there remains no litigation
between him and the plaintiff.
If, however, he says, “I purchased it from so-and-so who is absent,” he
remains a litigant.
If the plaintiff says, “It was stolen from me,” and produces evidence, and
the one in possession of it says, “So-and-so deposited it with me,” and [also]
produces evidence, the litigation is not [deemed] abandoned.
If the plaintiff says, “I purchased it from so-and-so,” and the person in
whose possession it is (i.e. the defendant) says, “That [person] so-and-so1229
deposited this [item] with me,” the litigation is dropped without [production
of] evidence.

(115-0-1 page )Testimony is an obligation which the witnesses are bound to discharge,
and it is not permissible for them to conceal it when the plaintiff demands [it]
of them.
In testimony concerning ḥudūd, the witness is given the choice between
concealing or disclosing, but concealing is better, except that it is incumbent
upon him to testify with regards to the property in [the ḥadd of] theft, and so
he says, “He took the property,” and does not say, “He stole.”
Testimony is of [various] levels, of which there is testimony concerning
unlawful sexual intercourse. For this four men are a condition and the
testimony of women is not accepted for it.
Testimony for the other infringements of the limits (ḥudūd)1254 and
retaliation (qiṣāṣ); for them, the testimony of two men is accepted and the
testimony of women is not accepted.
In other rights, the testimony of two men or one man and two women is
accepted, irrespective of whether that right is a property or something other
than property, such as marriage, divorce, agency and bequests (waṣiyyah).
For childbirth, virginity and feminine blemishes in areas which men do
not behold, the testimony of a single woman is accepted.1255
In all of these [cases], being a credible witness (‘adālah)1256 and wording
[indicating] testimony (shahādah)1257 are necessary, so that if the witness
does not mention the wording of testimony and says, “I know…,” or “I am
sure…,” his testimony is not accepted.
Abū Ḥanīfah, may Allah have mercy on him, said that the judge (ḥākim)
confines himself to the apparent probity (‘adālah) of the Muslim, except in
contravention of the legal limits (ḥudūd) and [cases of] retaliation (qiṣāṣ)
where he investigates the witnesses.1258 And if the litigant impugns them,
[the judge] investigates them. Abū Yūsuf and Muḥammad, may Allah have
mercy on them, say that it is important that he investigates into them in
private and in the open.
Whatever the witness undertakes [in testimony] is of two types:
First, that whose ruling is established by itself,1259 for example sale,
confession, expropriation, homicide and the judgement of the judge (ḥākim).
So, when the witness hears that1260 or sees it, it is permitted [for him] to
testify to it, even if he is not asked to testify. He should say, “I testify that he
sold [it],” and not say, “He has made me a witness.”
[Another] example of [testimony is the second type], that whose ruling is
not established of itself, for example, testifying to testimony. So, when
someone hears a witness testifying to something, it is not permitted for [the
second person] to testify to the testimony of [the witness] unless [the witness]
makes him a witness [to the testimony]. Likewise, if he hears him calling a
witness to testify to his testimony, it is not for the listener to bear witness to
that.
It is not lawful for the witness, when he sees [his own] script,1261 to
testify, unless he remembers the testimony [well].1262

(116-0-1 page )When witnesses retract their testimony prior to a ruling [being made]
upon it, their testimony lapses and there is no liability on them.
But if judgement has been passed based on their testimony, then later they
retract [their testimony], the judgement is not repealed and they are liable for
whatever damage they have done with their testimony.
Retraction is only valid in the presence of the judge (ḥākim).
When two [male] witnesses testify with regards to property and the judge
(ḥākim) decides on the basis of [their testimony], then later both of them
retract [their testimony], they are both liable for the property to the
victim.1277 If one of the two retracts [his testimony], he is liable for a half.1278
If three [witnesses] testify and one of them retracts [his testimony], there
is no liability against him, but if another retracts,1279 both of the retractors are
[together] liable for a half of the property.
If one man and two women testify, and one woman retracts [her
testimony], she is liable for a quarter of the right, but if both the women
retract [their testimonies], both of them are [ jointly] liable for a half of the
right.
If one man and ten women testify, and eight of those women retract [their
testimonies], there is no liability against them1280, but if another1281 retracts
[her testimony], then the women are [liable] for a quarter of the right.1282
If the man and the women [all] retract [their testimonies], then on the man
[there is liability for] a sixth of the right and on the women five-sixths of the
right, according to Abū Ḥanīfah, may Allah have mercy on him. They,1283
may Allah have mercy on them, said that the man is liable for a half, and the
women are [ jointly] liable for a half.
If two [male] witnesses testify against a woman regarding marriage
according to the amount of dowry customary for someone such as her (mahr
al-mithl) or more, then later both of them retract [their testimony], there is no
liability against them. If they testify for less than the customary dowry, then
later retract [their testimony], they are not liable for the loss,1284 and likewise,
when both of them testify against a man that he married a woman for the
amount of the customary dowry or less – but if they testify for more than the
customary dowry then later retract [their testimony], they are liable for the
excess.
If [two male witnesses] testify to the sale of something according to the
customary value1285 or more, then later retract [their testimony], they are not
liable [for anything]. If, however, it was for less than the value, they are both
liable for the loss.
If they testify against a man that he divorced his wife before
consummation with her, then later they retract [their testimony], they are
liable for half the dowry. If, however, [the testimony] was [that he divorced
her] after consummation,1286 they are not liable [for anything].
If they testify that he freed his slave, then later they retract [their
testimony], they are both liable for his [the slave’s] value.
If they testify regarding retaliation (qiṣāṣ), then later they retract [their
testimony] after the killing [of the accused], they are both liable for
compensatory payment (diyah), but retaliatory punishment is not awarded to
them.
If secondary witnesses go back [on their testimony], they are liable.
If primary witnesses retract [their testimony] and say, “We did not make
the secondary witnesses as witnesses to our testimony,” there is no liability
upon them. If they say, “We made them witnesses but we have erred,” then
they are liable.
If the secondary witnesses say, “The primary witnesses lie,” or “…they err
in their testimony,” no heed is paid to that.
When four [males] testify regarding unlawful sexual intercourse (zinā)
and two [male] witnesses [testify] regarding iḥṣān,1287,1288 and the witnesses
to iḥṣān retract [their testimony], they are not liable [for anything].
When those who declare people to be worthy witnesses1289 retract their
[testimony] that [those people are] worthy (tazkiyah)1290 to be witnesses, they
are liable.1291
When two male witnesses testify regarding an oath, and two male
witnesses [testify] regarding the presence of a stipulating, then later they [all]
retract [their testimony], the liability is upon the witnesses of the oath in
particular.1292

(117-0-1 page )The appointment of a judge is not valid unless [all] the conditions of
[being] a valid witness1293 are united in the appointed person (muwallā), and
he is a jurist capable of reaching an independent judgement (mujtahid).1294
There is no objection to someone undertaking the position of being a
judge who is sure about himself that he will fulfil its obligations. It is,
however, disapproved for someone to undertake it who fears his incapacity
for it and is not secure in himself [from committing] injustice in it.1295
One should not seek appointment [as judge] nor should one ask for it.
Whoever is made a judge, the register (dīwān) of the judge prior to him is
surrendered to him.
He investigates the condition of the prisoners. So, whoever of them
acknowledges a right,1296 [the newly-appointed judge] binds him to it,1297
and whoever denies, [the judge] does not accept the statement of the [ judge]
who was removed [from office] unless there is evidence.1298 If evidence is
not produced, he does not rush into releasing [the prisoner from prison] until
he has announced [a claim of a charge] against him and sought [disclosure] in
his case.
He investigates deposits and the incomes [generated] by endowments and
he acts according to what is established by the evidence, or what the person
in whose possession they are acknowledges.
He does not accept the statement1299 of the [ judge] who was removed
[from office] unless the one in whose possession it is acknowledges that the [
judge] who was removed [from office] submitted it (i.e. the evidence) to him,
and so he accepts his statement about it.
The judge sits in open session1300 in the mosque.
He does not accept gifts except from an un-marriageable relative (dhū
raḥm maḥram), or from someone who had made it his custom to give him
gifts prior to [his appointment to] judgeship.
He does not attend an invitation [to a meal] unless it is general.1301 He
attends funerals and visits the sick.
He should not show hospitality to one of two litigants without the other.
When both [of the litigants] are present, he should treat them both equally
in seating1302 and attention.1303
He does not speak in confidence to either of them nor does he make
gestures to him, and he does not prompt him with any argument.
When the right has been reliably established in his view and the one in
whom the right is vested (ṣāḥib al-ḥaqq) demands that his debtor be held in
custody, [the judge] does not hasten to take him into custody. He orders him
to pay what he owes.1304 Then, if he refuses, [the judge] detains him, in
[respect of] each debt which is binding on him, in lieu of property which has
come into his possession such as the payment for goods loan and in lieu of a
loan, or which is binding on him because of a contract, such as dowry and
standing surety.1305
[The judge] does not detain him for anything other than that if he says, “I
am poor,”1306 unless his creditor proves that he does have property, [in which
case the judge] imprisons him for two or three months. Thereafter, he makes
enquiry about him. Then, if no property of his appears,1307 he sets him
free1308 but he does not interpose between him and his creditors.1309
A man is imprisoned for [not paying] his wife’s maintenance.1310
A father is not imprisoned for his son’s debt, unless he refuses to spend on
[the son].
The judgement of a woman is permitted in everything other than in cases
of ḥadd punishments and retaliation (qiṣāṣ).
The document of one judge to [another] judge is accepted concerning
rights, if [a litigant] testifies to him in his presence.1311 So, if they testify
against a present litigant,1312 [the judge] decides according to the testimony
and writes his decision.1313 If they testify without the presence of the litigant,
[the judge] does not pass judgement and he writes [the details] regarding the
testimony so that the [ judge] addressed (maktūb ilayhi) may pass
judgement.1314
The document is only accepted with the testimony of two male witnesses,
or one male and two female witnesses. It is incumbent that he reads the
document to them so that they may know what it contains. Then he seals1315
it and hands it over to them.
When [the written testimony] reaches the [other] judge, he does not accept
it without the presence of the litigant.1316 When the witnesses hand it over to
him, he looks at its seal. When they testify that, “It is the document of soand-
so the judge. He handed it to us in the session of his verdict and [in] his
jurisdiction, and he read it to us and sealed it.” The judge opens it and reads it
to the litigant and binds him to whatever1317 it contains.
The document of one judge to [another] judge in [respect of] ḥadd
punishments and retaliation (qiṣāṣ) is not accepted.
The judge may not deputise [anyone] to pass judgement unless that
[authority] has been delegated to him.
When the order of a judge (ḥākim) is raised to [another] judge (qāḍī), he
endorses it, unless it opposes the Book [of Allah], the Sunnah, the consensus
[of jurists] (ijmā‘) or it is a statement for which there is no evidence.1318
The judge does not decide against an absentee unless his representative is
present.1319
When two men appoint someone as an arbitrator (ḥākim) between
themselves, and they agree to his judgement, it is permitted if he has the
qualifications1320 of an arbitrator.
The appointment as arbitrator of a non-Muslim, a slave, a non-Muslim
living under Muslim governance (dhimmī), someone convicted of
unsubstantiated accusations of illegal sexual intercourse (qadhf), a
transgressor (fāsiq) and a minor are not permitted.
As long as he has not adjudicated between the two, each of those who
appointed another as a ḥākim (muḥakkims) [between them] may rescind [the
authority].
When [the arbitrator] adjudicates, it is binding on both of them.1321
If he refers his verdict to the judge and it conforms to his madhhab, he
endorses it, but if it contradicts it, [the judge] nullifies it.
The appointment of an arbitrator is not allowed in cases involving ḥadd
punishments and retaliation (qiṣāṣ).
If they appointed [someone] as arbitrator in accidental homicide (dam alkhaṭa’),
and the arbitrator issues a verdict that the group responsible for his
compensatory payments (‘āqilah) must pay a compensatory payment, his
judgement is not executed.1322
It is permitted for him to hear testimony and decide refusal to take oaths
(nukūl).
The decision of the arbitrator in favour of his parents, his child and his
wife is void.

(118-0-1 page )1323
The leader (Imam) should appoint a distributor (qāsim), whom he
provides for from the bayt al-māl,1324 [in order] to distribute [shares] between
the people without a fee [from them]. If [the Imam] does not do that, [then]
he should appoint a distributor to distribute for a fee.1325
It is obligatory that he be just (‘adl), trustworthy and one who knows the
[rules and methods] of distribution.
The judge does not compel people to [only] one distributor.1326
He does not leave the distributors sharing.1327
The fees of the distributors are [paid according] to the number of the
heads of [the heirs], according to Abū Ḥanīfah, may Allah have mercy on
him.1328 They,1329 may Allah have mercy on them, however, said, “…
according to the proportion of the shares.”1330
When those who share come to the judge and in their possession there is a
building or an estate,1331 and they [all] claim that they have inherited it from
so-and-so, the judge shall not have it partitioned unless they establish
evidence of the death of [said person] and [of] the number of his heirs,
according to Abū Ḥanīfah, may Allah have mercy on him.1332 They,1333 may
Allah have mercy on them said [that the judge] apportions it according to
their verification,1334 and he mentions in the document of division that he had
it divided according to their word.
If the property is shared (mushtarak), of that which is other than real
estate (i.e. is moveable), and they claim that it is inheritance, [the judge]
apportions it according to the saying of all of them.
Regarding real estate, if they claim that they have bought it, then [the
judge] has it divided among them.
If they claim ownership but they do not mention how it was transferred to
them, [the judge] [still] has it divided between them.
If each one of those who share derives benefit from his [own] share, [the
judge] has [the property] divided upon the demand of [any] one of them.1335
If [only] one of them derives benefit [from the property] and the other
suffers loss due to the smallness of his share, then [in this case,] if the owner
of the large [share] demands it, it is not to be divided, but if the owner of the
small [share] demands it, it is not to be divided.
If each of the two [who share] suffers harm, [the judge] does not have it
divided without the mutual consent of both of them.
[The judge] has goods divided when they are of the same kind,1336 but he
does not have two genera divided, one against the other, except with the
mutual consent of both of them.
Abū Ḥanīfah, may Allah have mercy on him, said that he does not have
slaves and gems distributed,1337 but Abū Yūsuf and Muḥammad, may Allah
have mercy on them, said that he has slaves distributed.
He does not have public baths, wells or querns divided up, except when
those who share them mutually consent [to that].
When two heirs come to the judge and both of them produce evidence of
the death [of the owner] and [of] the number of heirs, and [that the] building
is in their possession, and along with them [in the heirs] there is an heir [who
is] absent, the judge divides it up on the demand of those present and
appoints an agent for the absentee who receives his share [for him]. But if
they are purchasers, he does not have [it] divided up in the absence of any of
them.
If the real estate, or some [part] of it,1338 is in the possession of an
absentee heir, [the judge] does not divide it up. If [only] one heir attends, he
does not have it divided up.
When there are some collectively owned buildings in one city, each
building is partitioned individually, according to the verdict of Abū Ḥanīfah,
may Allah have mercy on him.1339 They,1340 may Allah have mercy on them,
however, said that if the division of some of the [buildings] for others is more
beneficial for [the collective owners], [the judge] divides them [like that].1341
If [the collectively owned property consists of] a building and an estate, or
a building and a shop, he divides each one individually.
The distributor makes a diagram of whatever he is to divide and he does it
fairly.1342 He measures it1343 and he values the building. He separates each
share from the rest with its passage and its drain [included] so that there does
not remain any connection for the share of one of them with the share of the
other.1344 He writes [down] the names of [the co-owners] and he casts them
in lots. He then nominates one share as the first, [that] which is next to it as
the second, [that] which is next to it as the third, and so on. Then he draws
the lots. Whoever’s name emerges first has the first share, whoever emerges
second has the second share [and so on].
Dinars and dirhams are not included in the division1345 except with their
[the heirs’] mutual consent.1346
If [the real estate] has been divided between them and one of them has a
rivulet1347 on the property of another, or a pathway which was not a
stipulation in the division,1348 if the diversion of the pathway and the rivulet
[away] from [the property of the other person] is possible, then he may not
take a pathway or rivulet in the share of the other, but if that is not possible,
the division is rescinded.
If there is a lower storey [but] no upper storey to it,1349 an upper storey
[but] no lower storey to it1350 or a lower storey [which does have] an upper
storey to it,1351 each one is valued individually and divided according to its
value and it is not taken into account without that.
When applicants for division differ,1352 and two distributors testify,1353
their [the two distributors’] testimony is accepted.
If one of [the applicants for the division] claims an error and thinks that
something has entered the possession of his partner [in the division] and he
[himself] had testified against himself of the full execution [of the
division],1354 he is not confirmed in that [claim] without evidence.
If he says, “I have received my right,” and then later [says,] “I took [only]
a portion of it,” the [legally valid] statement is the word of his adversary1355
along with his oath.
If he says, “[The portion] up to such a place [legally] fell to me but was
not surrendered to me,” and he had not testified against himself regarding the
execution, and his co-owner belies him, they both swear oaths, and the
division is rescinded.
If someone is entitled to a share of one of the two, the division is not
rescinded, according to Abū Ḥanīfah, may Allah have mercy on him, and he
resorts to that [amount of] portion from the share of his co-owner. Abū
Yūsuf, may Allah have mercy on him, said, “The division is rescinded.”

(119-0-1 page )Coercion – its [legal] ruling is established1356 when it comes about from
someone who has the capacity of enforcing whatever he threatened, [be he] a
king or a thief.1357
When a man is coerced into selling his property, or buying goods, or
confirming a thousand dirhams for [another] man or to lease out his [own]
house, and he was coerced to do that with [the threat of] murder, severe
beating, or with imprisonment,1358
[and] so he sells1359 or buys,1360 then he has the choice:
1. If he wants, he may confirm the sale, or
2. If he wants, he may annul it and return the sold item.1361
If he had taken the payment1362 willingly, then he has endorsed the sale,
but if he had taken the payment reluctantly, it is not an endorsement,1363 and
he must return it if it is still in his possession. If the sold goods have perished
in the possession of the buyer, and he was not compelled, [then] he pays in
compensation its value, and the coerced person (mukrah) may receive
compensation from the one who applied coercion (mukrih), if he wants.1364
Whoever is compelled to eat carrion, or drink wine, and he is coerced into
that with [the threat of] detainment, beating or fettering, it is not lawful for
him, unless he is coerced with something from which he fears for his life, or
with [harm to] one of his limbs. Thus, when he fears that, it is permitted for
him to proceed with whatever he has been coerced to do. It is not permitted
for him to patiently endure that which he has been threatened with. If he
endures it until they carry it out and he has not eaten [the carrion or drank the
wine], then he is guilty [of wrongdoing].
If someone is coerced into rejecting Allah, exalted is He, or abusing the
Prophet by [the threat of] fettering, detainment, or beating, then that is not
coercion until he is coerced with a matter from which he fears for his life or
[harm to] one of his limbs. Thus, when he fears that, it is permitted for him to
express whatever they command him with but to dissimulate. So, when he
says that and his heart is at rest in faith, there is no guilt [of wrongdoing]
upon him, but if he endures it until he is killed and does not express disbelief,
he will be rewarded.
If he is coerced into wrecking the property of a Muslim because of a
matter from which he fears for his life or [harm to] one of his limbs, it is
permitted for him to perform that [act or omission]. The owner of the
[wrecked] property receives compensation from the person who coerced
[him].
If he is coerced by [the threat of] being killed to murder someone else, it is
not permitted for him to proceed with that. He should patiently endure [the
pressure of the threat] until he [himself] is killed. If [the coerced individual]
kills [the victim], he is guilty of wrongdoing, and retaliation (qiṣāṣ) is due
against the one who coerced him, if the killing was deliberate.
If he is coerced into divorcing his wife or setting his slave free and he
does [that], whatever he was coerced into takes effect. [The person who was
coerced] resorts to whoever coerced him into [doing that] for the value of the
slave, and he resorts [to him] for a half of the wife’s dowry if [the coerced]
divorce was [made] prior to consummation [of the marriage].
If he is forced into [committing] unlawful sexual intercourse (zinā), the
ḥadd punishment is obligatory upon him, according to Abū Ḥanīfah, may
Allah have mercy on him, unless the Sulṭān compels him. They,1365 may
Allah have mercy on them, however, said [that] the ḥadd [punishment] is not
binding on him.
When someone is coerced into apostasy (riddah), his wife is not finally
divorced from him.1366

(120-0-1 page )1367
Jihād is a collective obligation; when a group of the people establish it,
[the obligation] lapses from the rest, but if none of them establish it, [then] all
of the people are guilty of wrongdoing by its omission.1368
Fighting unbelievers is obligatory, even it they do not initiate it against
us.1369
Jihād is not obligatory for minors, slaves, women, the blind, the disabled
or amputees.
When the enemy attacks a city, repulsing [the attack] is obligatory on all
the Muslims: [in such circumstances] women go out [to fight] without the
permission of their husbands, and slaves without the permission of [their]
masters.
When Muslims enter territory at war [with the Muslims] (dār al-ḥarb) and
they lay siege to a city or to a fort, they invite [the inhabitants] to Islam. If
[the inhabitants] accept them, [then] [the Muslims] desist from fighting them,
but if they decline, [the Muslims] call them to pay jizyah.
If they give it (jizyah), then they have [as a legal right] whatever the
Muslims have, and [the legal duties] due on them are whatever are due on
[the Muslims].1370
It is not permitted to fight those whom the invitation of Islam has not
reached, except after [the Muslims] have invited them [to Islam].
It is recommended to invite those whom the invitation of Islam has
[already] reached [before fighting them], but that is not obligatory.
If they refuse,1371 [the Muslims] should seek the aid of Allah, exalted is
He, against them and wage war on them. They should fire catapults1372 at
them and burn [their buildings and strategic positions]. They should unleash
water against them1373 and cut down their trees and destroy their crops.
There is no objection in shooting them [with arrows], even though there
may be Muslim prisoners or traders amongst them.
If they shield themselves with children of the Muslims, or with prisoners,
[the Muslims] should not cease shooting at them [with arrows]. With the
shooting [of arrows, etc.] they target non-Muslims, but not the Muslims.
There is no objection in taking women and copies of the Qur’ān (muṣḥafs)
with the Muslims when the army is great and there is confidence in it. It is
disapproved to take them in a detachment (sariyyah) when there is no
confidence in it.
Women do not fight except with the permission of their husbands nor
slaves except with the permission of their masters, unless the enemy
attacks.1374
The Muslims are required not to:
1. Be treacherous,
2. Act unfaithfully in taking from the spoils,1375
3. Mutilate, or
4. Kill
a. A woman,
b. A minor,
c. An enfeebled old man,
d. The blind, or
e. The disabled,
unless any one of these [persons] are people who have an insight into
war,1376 or the woman is a queen.
f. The insane are not to be killed [either].

(121-0-1 page )When a group of Muslims take over some land and they leave obedience
to the leader (Imam), he invites them to return to the [united] body, and he
dispels their doubts.1435
He does not initiate fighting against them unless they initiate [it] against
him. Then, if they initiate [fighting], he fights them until he disperses their
group.
If they have a band [waiting by], [then] one hastens to kill their wounded
and give chase to those of them who flee. If they do not have a band, then one
does not hasten to kill their wounded or give chase to those of them who flee.
Their children are not imprisoned and their property is not distributed [as
booty].1436
If the Muslims need to, there is no objection that they fight them with
their own (the rebels’) weapons.1437
The leader holds their property and does not return it to them – but he
does not distribute it – until they repent, then he returns it to them.
Whatever land-tax (kharāj) and the (‘ushr) the rebels had collected from
the lands which they conquered, the leader (Imam) does not take from them
[the inhabitants] a second time.
If they had spent it on its rightful purposes, it discharges [the duty] of
those from whom it was taken, but if they had not spent it for its rightful
purposes, then it is a duty on them that they should repay it for the sake of
whatever is between them and Allah, exalted is He.1438

(122-0-1 page )PERMISSIBILITY
Wearing silk is not lawful for men but it is lawful for women. There is no
objection to using [silk] as a pillow, according to Abū Ḥanīfah, may Allah
have mercy on him, but they,1439 may Allah have mercy on them, said that
using it as a pillow1440 is disapproved.
There is no objection to wearing silk or brocade in battle, according to
them,1441 may Allah have mercy on them, but it is disapproved according to
Abū Ḥanīfah, may Allah have mercy on him.
There is no objection to wearing something woven (mulḥam), when its
[warp] is silk and you make the weft with cotton or silky fabric (khazz).1442
It is not permitted for men to wear jewellery [made] of gold and silver, but
there is no objection to a ring, belt and the decoration of a sword from silver.
It is permitted for women to wear jewellery [made] of gold and silver.
It is disapproved for a [male] minor to be dressed in gold and silk.
It is not permitted to eat, drink, [apply] oil and perfume from receptacles
of gold and silver, for [both] men and women.
There is no objection to the use of receptacles [made] of glass, lead,
crystal and carnelian.
It is permitted to drink from a silver-plated vessel, according to Abū
Ḥanīfah, may Allah have mercy on him, as well as being mounted on a
silver-plated saddle and sitting on a silver-plated bed.
It is disapproved to mark every ten verses of the written copy of the
Qur’ān (muṣḥaf)1443 and to dot [the letters].
There is no objection to the decoration of the written copy of the Qur’ān,
decorating the mosque and ornamenting it with liquid gold.1444
It is disapproved to employ eunuchs.
There is no objection to the castration of animals and getting a [male]
donkey to mount1445 a [female] horse.1446
It is permitted to accept the statement of slaves and minors in [cases of]
gifts and authorising [a slave].
In [cases of] ordinary transactions (mu‘āmalāt),1447 the statement of the
dissolute is [legally] accepted.1448
In [cases of] religious matters (diyānāt),1449 nothing but the statement of
the morally upright is accepted.
It is not permitted for a man to look at [any bodily part] of a female nonrelative
(ajnabiyyah) except her face and her palms. If he is not safe from
sexual desire, he does not look at her face except out of necessity.
It is permitted for the judge to look at the face of [a woman], when he
wishes to pronounce a judgement upon her, and for the witness when he
wishes to testify against her, even though they fear becoming aroused.
It is permitted for the doctor to look at the locus of disease on her [body].
A man may look at the whole body of a man, except what is between his
navel up to [and including] his knee.
It is permitted for women to look at in a man whatever a man may look
at.1450
A woman may look at [the same bodily parts] of a woman which are
permitted for a man to look at in another man.
In the cases of his slave-woman who is lawful to him and of his wife, a
man may look at their genitalia.
With respect to his un-marriageable (maḥram) females,1451 a man may
look at the face, head, chest, lower legs, and arms, but he cannot look at her
back, belly or thighs. There is no objection if he touches those [parts] of her
[body] it is permitted for him to look at.
A man may look at in someone else’s slave-woman, that which it is
permitted for him to look at of his [own] un-marriageable (maḥram) females.
There is no objection to him touching that [part] when he intends to purchase
[her], even if he fears that he will be [sexually] aroused.
The eunuch, in [terms of] looking at the female non-relative is the same as
the un-castrated male.
It is not permitted for a slave to look at [any bodily parts] of his mistress
except that of her which it is permitted for the male non-relative (ajnabī) to
look at.1452
One may practise coitus interruptus (‘azl) with his slave-woman without
her permission but he may not practise coitus interruptus with his wife
without her permission.
It is abhorrent to hoard the foodstuffs of humans and animals when that is
in a land where hoarding would be harmful to its inhabitants. Whoever
hoards grain off his own estate or what he has imported from another land is
not [considered] to be hoarding.
The Sulṭān ought not to set prices for the people.
The sale of weapons during days of civil strife is abhorrent, but there is no
objection to the sale of expressed fruit-juice to someone whom it is known
will make wine from it.1453

(123-0-1 page )Making a bequest (waṣiyyah) is not obligatory, but it is recommended.
[Making a] bequest to an heir is not permitted unless the [other] heirs permit
it.1454
It is not allowed in anything over a third.1455
The bequest in favour of a homicide is not permitted.1456
It is permitted for a Muslim to make a bequest to a disbeliever, and a
disbeliever to a Muslim.
The acceptance of the bequest is after the death [of the testator (mūṣī)].
So, if the legatee (mūṣā lahū) accepts it during the life [of the testator], or
rejects it, that [decision] is void.
It is recommended that a person bequeaths less than a third [of his
property].
When [the testator] bequeaths to a man, and he (i.e. the legatee) accepts
the bequest in the presence of the testator but declines it when out of his
presence, then that is not a [valid] refusal, but if he declines it in the presence
of [the testator] then that is a [valid] refusal.
The bequest (mūṣā bihī) becomes owned by acceptance [by the legatee]
except in one case and that is if the testator dies, then later the legatee [also]
dies prior to acceptance, [in which case] the bequest enters the property of the
heirs of the deceased.1457
Whoever bequeaths to a slave, a disbeliever or someone dissolute, the
judge excludes them from the bequest and appoints [someone] other than
them.
Whoever bequeaths to his own slave while there are elders among the
heirs, the bequest is invalid.
Whoever bequeaths to someone who is incapable of implementing the
bequest, the judge associates another person with him.1458
Whoever bequeaths to two [persons], it is not permitted for either of the
two to transact [with it] without his associate, according to Abū Ḥanīfah and
Muḥammad, may Allah have mercy on them, except in:
1. Purchase of a shroud for the deceased,
2. His [funeral and burial] preparation,
3. Food for his minor children and their clothing,
4. The return of specific deposits,
5. The execution of a specific bequest,
6. Setting a specific slave free, and
7. The payment of debts and litigations with respect to the deceased.1459
Whoever bequeaths a third of his property to a man, and a third of his
property to another, and the heirs do not allow [this], then [only] a third is
[shared] between the two in two halves.1460
If [the testator] bequeaths a third to one of the two, and a sixth to the
other, then the third is [shared] between both of them in thirds.1461
If he bequeathed his entire property to one of the two and a third of his
property to the other and the heirs do not allow [that], then the third is
[shared] between the two in four portions, according to Abū Yūsuf and
Muḥammad, may Allah have mercy on them.1462 Abū Ḥanīfah, may Allah
have mercy on him, said that the third is [shared] between both of them in
two halves.
Abū Ḥanīfah, may Allah have mercy on him, does not give to the legatee
anything in excess of a third except in [the cases of]:
1. Muḥābāh,1463
2. Si‘āyah,1464 and
3. Darāhim mursalah.1465
Whoever makes a bequest and there is a debt which he owes which
overwhelms his property, the bequest is not permitted1466 unless the creditors
release [him] from the debt.
Whoever bequeaths the share of his son, the bequest is void. If he
bequeaths an [amount] equal to the share of his son, it is permitted. Then, if
he has two sons, the legatee has a third [as maximum].
Whoever sets his slave free during his [terminal] illness,1467 or sells, or
performs muḥābāh, or gives as a gift, then all of that is permitted and it is
taken into account from the third [of his property],1468 and the sharers in the
bequests are given from it.1469
If he performs muḥābāh, then later sets [the slave] free, the muḥābāh is
more excellent, according to Abū Ḥanīfah, may Allah have mercy on him. If
he sets [the slave] free, then later performs muḥābāh, they are both the same.
They,1470 may Allah have mercy on them, said that setting a slave free is
more excellent in both cases.
Whoever bequeaths a portion of his property, then he [the person to whom
it was bequeathed, i.e. the legatee] has the inferior [portion] from the portions
of the heirs, unless it becomes less than a sixth in which case the sixth is
topped up for him.
If he bequeaths a part of his property, it is said to the heirs, “Give to him
whatever you wish.”
Whoever bequeaths bequests regarding [the performance of] the rights of
Allah, exalted is He, the obligations (farā’iḍ) are given priority over others,
[irrespective of whether] the testator advanced them or delayed them [when
mentioning them], such as the ḥajj, zakāh and expiations. Whatever of it is
not obligatory is given the priority that the testator gave it [when mentioning
them].
Whoever bequeaths [the performance of] the ḥajj of Islam, [the heirs]
should send one person for ḥajj from his city on his behalf, who [sets forth]
mounted. If [the property of] the bequest does not reach [the level of]
expenditure [to be incurred], then they send someone forth for ḥajj on his
behalf from whichever [place] it reaches.
Whoever proceeds from his city as a ḥājjī and dies along the way, and
bequeaths that ḥajj be performed on his behalf, [then] ḥajj is performed on
his behalf from his city, according to Abū Ḥanīfah, may Allah have mercy on
him. They,1471 may Allah have mercy on them, however, said that ḥajj is
performed on his behalf from [the location] where he died.
The bequest of a minor or of a slave who has contracted to purchase his
freedom (mukātab) is not valid, even though they leave enough [property
behind].1472
Retracting the bequest is permitted for the testator. If he announces the
retraction, it is a [valid] retraction. Whoever disputes the bequest, it is not
[considered] a retraction.
Whoever bequeaths to his neighbours, then they are the adjacent
[neighbours], according to Abū Ḥanīfah, may Allah have mercy on him.
Whoever bequeaths to his in-laws (aṣhār), the bequest is for every unmarriageable
relative (dhū raḥim maḥram) on [the side of] his wife.
Whoever bequeaths to his akhtān, then they are the husbands of every one
of his un-marriageable female relatives.1473
Whoever bequeaths to his close relatives (aqribā’), the bequest is to the
closest, then the [next] closest of every un-marriageable relative (dhū raḥm
maḥram). [Neither the] parents nor children are included in them, and it is for
two [persons] or more.1474
When someone bequeaths that, and he has two paternal uncles and two
maternal uncles, the bequest is for his two paternal uncles, according to Abū
Ḥanīfah, may Allah have mercy on him, but if he has one paternal uncle and
two maternal uncles, then the paternal uncle has a half [of the bequest] and
the two maternal uncles have [the other] half.
They,1475 may Allah have mercy on them, said that the bequest [which is
made to his relatives] is for everyone who is a descendent of the most distant
[paternal] grandfather of his in Islam.
Whoever bequeaths to a man a third of his dirhams or a third of his sheep
and goats, and two-thirds of that perish and a third remains, and it proceeds
out of a third of whatever of his property is left, then [the legatee] has the
whole of whatever remains.
Whoever bequeaths a third of his garments, and two-thirds of them perish
and [only] a third of them remains, and it proceeds from a third of whatever
of his property remains, he is only entitled [to] a third of what remains of the
garments.
Whoever bequeaths to a man a thousand dirhams, and he [himself] has
tangible property (‘ayn) and [also he is owed] debts (dayn), if a thousand be
produced from a third of the tangible [property], it is paid to the legatee, but
if it cannot be produced [from it], then a third of the tangible [property] is
paid to him. Whenever something is produced from [repayment of] the debt,
a third of it is taken until the thousand [dirhams-worth] is paid in full.
Bequest to a foetus is allowed, and [to bequeath] a foetus, when it is
delivered in less than six months from the day of the bequest.
Whoever bequeaths a slave-woman to a man, excluding her foetus, the
bequest and the exception are [both] valid.
Whoever bequeaths a slave-woman to a man, and she gives birth to a child
after the death of the testator [and] prior to the legatee accepting, and then
later the legatee accepts, and both of them1476 proceed from the third [of the
total property of the testator], then both of them are the legatee’s. But if they
cannot both proceed from the third, he sticks to the third and takes the share
from them both in total, according to the verdict of Abū Yūsuf and
Muḥammad, may Allah have mercy on them. Abū Ḥanīfah, may Allah have
mercy on him, however, said that he takes that [share which is not more than
a third of the total] from the mother. If anything is left over, he then takes it
from the child.
Bequest of the service of his [the testator’s] slave and residency in his
house for a specified [number of] years is permitted, and that is also
permitted indefinitely.
If the bondage of the slave proceeds from the third, he is submitted to [the
legatee] for service. If [the testator] has no property other than him, [the
slave] serves the heirs for two days, and [serves] the legatee for one day. If
the legatee dies, [the slave] returns to the heirs, but if the legatee dies during
the life of the testator, the bequest is void.
When someone makes a bequest to the children of so-and-so, the bequest
is between them, the male and the female being equal in that respect.
If the testator makes a bequest to the heirs of so-and-so, the bequest is
between them [according to]: “For the male there is the equivalent of the
share of two females.”1477
Whoever bequeaths to Zayd and ‘Amr a third of his property, but ‘Amr
was dead [at the time], then the third all goes to Zayd.
If he says, “A third of my property is [to be shared] between Zayd and
‘Amr,” and Zayd was dead [at the time], ‘Amr has a half of the third.1478
Whoever bequeaths a third of his property and he has no property [at all],
then later he earns some property, the legatee is entitled to a third of whatever
[the testator] owns at [the time of] his death.

(124-0-1 page )There is unanimous agreement that ten males inherit:
1. A son,
2. A son of a son, even if lower in descent,1479
3. A father,
4. A paternal grandfather, even if higher in ascent,1480
5. A brother,
6. A son of a brother,
7. A paternal uncle,
8. A son of a paternal uncle,
9. A husband, and
10. A master who sets [his] slave free.
and of the females there are seven:
1. A daughter,
2. A daughter of a son,
3. A mother,
4. A grandmother,
5. A sister,
6. A wife, and
7. A mistress who sets her slave free.
Four [people] do not inherit:
1. A slave,
2. A homicide from the person killed,1481
3. A person who reneges [on Islam], and
4. People of two [different] religions.1482
There are six shares fixed in the book1483 of Allah :
1. A half,
2. A quarter,
3. An eighth,
4. Two-thirds,
5. A third, and
6. A sixth.
The half is the fixed share of five [persons]:
1. A daughter,
2. A daughter of a son, when there is no proper daughter,
3. A full sister,1484
4. A half-sister from the same father if there is no full sister, and
5. A husband, when the deceased [woman] has no children and no
grandchildren [from a son], no matter how much lower in descent.
The quarter [share] is:
1. For the husband with a child,1485 or [with] a grandchild, 1486 even if
lower in descent,
2. For the wife, when the deceased [husband] has no children or
grandchildren [from a son].
The eighth [share] is for wives with a child,1487 or a grandchild [from a
son].
The two-thirds [share] is for every two or more of those whom a half is
their fixed share, except the husband.
The one-third [share] is for the mother, when the deceased has:
1. No child,
2. No grandchild [from a son], or
3. Two or more brothers or sisters.
A third [share] of whatever remains is assigned to her as a fixed share in
two cases,1488 and they are [in the presence of]:
1. A husband and both parents [of the deceased], or
2. A wife and both parents [of the deceased],1489
so he has a third of whatever remains after the fixed shares of the husband
or wife.1490
It is [also] for every two or more uterine siblings, the males of them and
the females of them being equal in that.1491
A sixth is the fixed share of seven [persons]:
1. Each of the parents along with a child or a son’s child,1492
2. The mother along with siblings,1493
3. It is for grandmothers [with a child or a grandchild [from a
son]],1494,1495
4. The grandfather1496 with a child or a grandchild [from a son],
5. Daughters of a son (granddaughters) along with a daughter,
6. Sisters from the father along with a full sister, and
7. A single uterine sibling.

(125-0-1 page )The closest residuaries (‘aṣabāt) are:
1. The sons, then
2. Their sons, then
3. The father, then
4. The [paternal] grandfather, then
5. The sons of the father, and they are the [agnatic] brothers, then
6. The sons of the grandfather, and they are the paternal uncles, and then
7. The sons of the great-grandfather.1498
When the sons of the father are level in one class, then the more deserving
of them is whoever is from the [same] mother and father.1499
The son, the grandson [from a son] and the brothers share1500 with their
[respective] sisters [according to]: “For the male there is the equivalent of the
share of two females.”1501
Apart from these residuaries, their males alone inherit [and] not their
females.1502
If there is no agnate [residuary] relative, then the residuary is the master
who sets free [if the deceased was his freed slave], then the closest, then the
next closest from the agnate relatives of the master.

(126-0-1 page )The mother is excluded from a third [of the inheritance] [but instead
receives] a sixth by [the presence of]:
1. A child,
2. A grandchild [from a son], or
3. Two brothers.
The residue from the daughters’ fixed share is for the grandsons and their
sisters [on the basis of]: “For the male there is the equivalent of the share of
two females.”1503
The residue from the full sisters’ fixed share is for the agnatic brothers and
sisters [on the basis of]: “For the male there is the equivalent of the share of
two females.”
When someone leaves a daughter, and granddaughters by a son and
grandsons by a son, then the daughter has a half and the remainder is for the
grandsons and their sisters, [on the basis of]: “For the male there is the
equivalent of the share of two females.”
[And] likewise, the residue from the full sister’s share is for the agnatic
brothers and sisters [on the basis of]: “For the male there is the equivalent of
the share of two females.”
Whoever leaves behind two sons of a paternal uncle, one of whom [also]
is a uterine brother,1504 then the [uterine] brother has a sixth, and the
remainder is [shared] between the two of them in two halves.

(127-0-1 page )When there are no residuary heirs, the excess after the fixed shares of
those who have shares (dhawū’s-sihām), is redistributed among them
according to their shares, except to the spouses.
The [unintentional or deliberate] homicide does not inherit from the [one
whom he] killed.
Disbelief (kufr) is one religion;1505 its people inherit because of it [from
one another], but the Muslim does not inherit from the disbeliever nor the
disbeliever from the Muslim.
The property of the renegade is for his Muslim heirs. Whatever he had
earned during his state of reneging [on Islam] is fay’-booty.
When a group [of people] drown or a wall falls on them,1506 and it is not
known who amongst them died first, then the property of each one of them is
for their heirs who are living.1507
When two close relationships are united in a Magian, such that if they
separated into two [distinct] persons, one of the two would inherit with the
other, [the Magian], [in such a case] would inherit from them both.
The Magian does not inherit by the invalid marriages which they deem
lawful in their religion.1508
The residuary heirs of the illegitimate child and [of] the child of [a couple
who have engaged in] imprecation (mulā‘anah)1509 is the master of their
mothers.
Whoever dies and leaves behind an unborn child, his property1510 remains
suspended until his wife delivers her child,1511 according to the verdict of
Abū Ḥanīfah, may Allah have mercy on him.
According to Abū Ḥanīfah, may Allah have mercy on him, the grandfather
has more right to the inheritance than the brothers. Abū Yūsuf and
Muḥammad, may Allah have mercy on them, said that he shares with them
[equally] unless the [act of] sharing reduces [the share] for him to less than a
third.
When there are grandmothers joined together, then the one [who is] the
closest of them has a sixth.
The grandfather excludes his own mother.1512
The mother of the maternal grandfather does not inherit any share.
Every grandmother excludes her own mother.

(128-0-1 page )When the deceased has no agnate residual heirs (‘aṣabah) and no
[Qur’ānic possessors of] fixed shares (dhū sahm), relations by the women’s
side (dhawū’l-arḥām) inherit him. They are ten:
1. A child of a daughter,
2. A child of a sister,
3. A daughter of a brother,
4. A daughter of a paternal uncle,
5. A maternal uncle,
6. A maternal aunt,
7. A maternal grandfather,
8. A paternal uncle of the mother,
9. A paternal aunt,
10. A child of a uterine brother,
and whoever is connected through them.
The most deserving of them is he/she who is:
1. From the children of the deceased, then
2. The children of the parents, or of either of them, and they are daughters
of brothers and children of sisters, then
3. Children of both parents of his parents, or of either one of them, and
they are maternal uncles, maternal aunts and paternal aunts.
When two [distinct] heirs are level at any stage, then the more deserving
of them is the one who is [closer by being] connected through an heir, and the
closer of them is more deserving than the further of them.1513
The maternal grandfather is more deserving than the child of the brother
and [the child] of the sister.
The master who sets free is more deserving to the residue of the share of
those who have fixed shares when there is no residual heir other than him.1514
The master in the contract of clientage (mawla’l-mawālāh) inherits.1515
When the freed slave leaves behind the father of his master and the son of
his master, his property is for the son, according to them.1516 Abū Yūsuf, may
Allah have mercy on him, however, said that the father has a sixth and the
son the remainder.
If [the freed slave] leaves behind [both] the grandfather of his master and
the brother of his master, then the property is for the grandfather, according
to Abū Ḥanīfah, may Allah have mercy on him, but Abū Yūsuf and
Muḥammad, may Allah have mercy on them, said that it is for both of them.
Clientage (walā’) cannot be sold or gifted.

(129-0-1 page )When, in a case, there is a half and a half, or a half and the remainder, its
basis is two.1517
If there is a third in it and the remainder, or two-thirds and the remainder,
then its basis is from three.1518
If there is a quarter in it and the remainder, or a quarter and a half, then the
basis is from four.1519
If there is an eighth in it and the remainder, or an eighth and a half, then
the basis is from eight.
If there is a half and a third in it or a half and a sixth then its basis is from
six.
[The basis of decision] may rise to seven, eight, nine and ten.1520
If there is with the quarter a third or a sixth, then its basis is twelve, and
that may rise to thirteen, fourteen and fifteen.
If there is with the eighth two-sixths or two-thirds, then its basis is twentyfour,
and it may rise to twenty-seven. When the issue is [fully] distributed
between the heirs then that has worked out correctly.
If the shares of a group of them do not properly divide up, then multiply
their number [of sharers] by the basis of the case, and adjust it if it needs to
be adjusted. Whatever is produced, the case will work out correctly with that,
like:
A wife and two brothers – the wife has a quarter share and the brothers
have the remainder: the three-quarters. It does not divide between the two
[brothers equally]. You multiply two by the basis1521 in the case and it
becomes eight [shares]. The issue works out correctly with that.1522
If their shares agree with their number, then multiply their highest
common factor (wifq) with the basis of the case, like:
A wife and six brothers – the wife has a quarter and the brothers have
three shares [i.e. the remaining three-quarters] which do not divide [fully]
amongst them. You multiply a third of their number by the basis of the case
and from that the case will work out correctly.1523
If the shares of two parties or more do not [fully] distribute, multiply [the
shares of] one of the two parties by [those of] the other. Then, [multiply] the
aggregate with [the shares of] the third party. Then, [multiply] the aggregate
with the basis of the case.
If the numbers are equal, either of the two will be sufficient for the other,
like two wives and two brothers; you multiply two by the basis of the
case.1524
If one of the two numbers is a factor of the other, then the larger [number]
is sufficient for the smaller, such as four wives and two brothers; when you
multiply by the four, it suffices you for the other.1525
When one of two numbers conforms to the other, you multiply the highest
common factor of one of the two by the aggregate of the other. Then, [you
multiply] the aggregate by the basis of the case, such as four wives, one sister
and six paternal uncles; six conforms to four [in being divisible] in half. You
multiply half of one of them by the aggregate of the other,1526 then [you
multiply] the aggregate by the basis of the case, it becomes forty-eight,1527
and from that the case works out correctly.
When the case [works out] correctly, multiply the shares of each heir by
the inheritance, then distribute the aggregate on account of whatever share is
correct,1528 and the right of the heir will be produced [in this manner].1529
When the inheritance has not been distributed until one of the heirs dies: if
whatever he was receiving from the first deceased, divides amongst his heirs,
then both cases will work out correctly according to how the first worked out
correctly, but if it does not divide, the share of the second deceased will work
out correctly according to the manner which we have mentioned.1530 Then
[the share of] one of the two cases will be multiplied by the other, even if
there is no common factor between the shares of the second deceased and that
according to which the share worked out correctly.1531
If their shares do have a common factor, then multiply [the highest
common factor of] the second case by the first. Whatever is aggregated, both
cases will work out correctly. Everyone who has something [of inheritance]
from the first case, it is multiplied with whatever the second case has worked
out correct with, and whoever has something from the second case, it is
multiplied with the highest common factor of the inheritance of the second
deceased.1532
When the issue of abolishment (munāsakhah) [works out] correctly and
you wish to know what each one would receive according to calculation in
dirhams, you divide whatever the case was correct on with forty-eight
[grains].1533 Whatever proceeds, you would take that for him as a measure
from the shares of each heir.1534

(13-0-1 page )Congregation (jamā‘ah) is a sunnah mu’akkadah [for the obligatory
prayers].55

(130-0-1 page )No. of Camels (Niṣāb) Amount of Zakāh
No. of
Camels
(Niṣāb)
Amount of
Zakāh
0 — 4 0 125 — 129 1 goat + 2
ḥiqqahs
5 — 9 1 goat (1—yr old) 130 — 134 2 goats + 2
ḥiqqahs
10 — 14 2 goats 135 — 139 3 goats + 2
ḥiqqahs
15 — 19 3 goats 140 — 144 4 goats + 2
ḥiqqahs
20 — 24 4 goats 145 — 149 1 bint makhāḍ +
2 ḥiqqahs
25 — 35 1 bint makhāḍ 150 — 154 3 ḥiqqahs
36 — 45 1 bint labūn 155 — 159 1 goat + 3
ḥiqqahs
46 — 60 1 ḥiqqah 160 — 164 2 goats + 3
ḥiqqahs
61 — 75 1 jadha‘ah 165 — 169 3 goats + 3
ḥiqqahs
76 — 90 2 bint labūns 170 — 174 4 goats + 3
ḥiqqahs
91 — 120 2 ḥiqqahs 175 — 185 1 bint makhāḍ +
3 ḥiqqahs
Thereafter, the obligation is refreshed; thus,
for every five camels over 120, there is one
goat, and so forth.
186 — 195 1 bint labūn + 3
ḥiqqahs
196 — 200 4 ḥiqqahs
200+ This theme will
continue as it started from 150
camels onwards.

(131-0-1 page )No. of Cows/Buffaloes (Niṣāb) Amount of Zakāh
0 — 29 0
30 — 39 1 tabī‘ or tabī‘ah
40 — 59 1 musinn or musinnah
60 — 69 2 tabī‘s or tabī‘ahs
70 — 79 1 musinnah + 1 tabī‘
80 — 89 2 musinnahs
90 — 99 3 tabī‘s
100 — 109 2 tabī‘s + 1 musinnah
It is irrelevant whether the tabī‘/musinn is a male or female; the payment
of zakāh can be made in either.
Note: 1 tabī‘ is equal to 30 bovines and 1 musinn is equal to 40 bovines.
This table corresponds to these amounts and eases the calculation of zakāh
therein.

(132-0-1 page )(SHEEP AND GOATS)
No. of Goats/Sheep (Niṣāb) Amount of Zakāh
0 — 39 0
40 — 120 1 goat
121 — 200 2 goats
201 — 399 3 goats
400 — 499 4 goats
500 — 599 5 goats
600 — 699 6 goats
700 — 799 7 goats
800 — 899 8 goats
900 — 999 9 goats
1000 — 1099 10 goats
… and so on ( + 1 goat for every 100 ovines).

(14-0-1 page )Whoever misses a prayer discharges it (qaḍā’) when he remembers it.
He advances its [performance] before the prayer of that particular time,67
unless he fears [that] the prayer of that time will be lost [due to the shortage
of time], [in which case] he prioritises [the performance] of the prayer of that
time over the missed prayer, and then he discharges [the missed prayer].
Whoever has missed some prayers, arranges them for their discharge
(qaḍā’) in the sequence in which they originally became obligatory,68 unless
the missed prayers are more than five prayers, in which case the sequential
order is waived.69

(15-0-1 page )Prayer is not permitted:
1. During sunrise,
2. During sunset, other than the ‘aṣr [prayer] of that day, and
3. During [the sun’s] meridian at midday.
[During these times] one does not pray at a funeral, nor does he perform a
prostration of recitation (sajdat at-tilāwah).
It is disapproved for someone to perform supererogatory prayers after the
fajr prayer [until] the sun has risen, and after the ‘aṣr prayer until the sun has
set, but there is, however, no harm if someone performs missed prayers, the
prostration of recitation or prays at a funeral during these two times and one
does not perform the two units of the circumambulation [of the Ka‘bah].
It is disapproved to perform any more supererogatory prayers after the
appearance of the fajr than the two units of the fajr [prayer].
One does not perform supererogatory prayers prior to the maghrib
[prayer].70

(16-0-1 page )The sunnah in prayer is to pray:
1. Two units or rak‘ahs after the appearance of fajr,71
2. Four before the ẓuhr [prayer] and two units after it,
3. Four before the ‘aṣr [prayer], but if one wants [just] two units,
4. Two units after the maghrib [prayer], and
Four before the ‘ishā’ [prayer] and four [units] after it, but if one
5. wants [then just] two units.
With regards to the supererogatory prayers of the day, if one wishes, he
may pray two units with one salutation, and if he wishes, [he may pray] four;
[any] more than that is disapproved.
With regards to the supererogatory prayers of the night, Abū Ḥanīfah,
may Allah have mercy on him, said that if one prays eight units with one
salutation, it is permitted, and more than that is disapproved. Abū Yūsuf and
Muḥammad, may Allah have mercy on them, however, said that one does not
exceed two units with one salutation during the night [supererogatory
prayers].

(17-0-1 page )The prostration of error (sajdat as-sahw) is incumbent in the event of an
[undue] excess or a deficiency [in the prayer], and [it is performed] after the
salutation.
One performs two prostrations [of error], then the tashahhud and then the
salutation.
The prostration of error becomes binding upon him when he:
1. Adds an act to his prayer that is similar to [the prayer] but is not a part
of it, or
2. Omits an act prescribed by the sunnah, or
3.
Omits:
i. The recitation of the Fātiḥah of the Book, or
ii. The qunūt, or
iii. The tashahhud, or
iv. The [additional] takbīrs of the two ‘Īds, or
4. The imam recites aloud in what he was supposed to recite inaudibly,
or
5. Recites silently in what was supposed to be audible.
The error of the imam obliges the prostration [of error] upon the follower;
if the imam does not prostrate [for error], the follower does not prostrate. If
the follower makes an error [in his prayer], the prostration [of error] is not
required of the imam nor of the follower.
Whoever forgets the first sitting (al-qa‘dat al-‘ūlā) [and stands], then
remembers it when he is closer to the sitting posture, returns, sits and
performs the tashahhud. If he is closer to the standing posture, then he does
not return [to the sitting posture],74 and [at the end of the prayer], performs
the prostration of error.
If someone forgets the final sitting and stands up for a fifth [unit], he
returns to the sitting posture, as long as he has not performed a prostration
[within the fifth unit]. He abandons the fifth [unit] and performs the
prostration of error [after the salutation concluding the fourth unit].
Nevertheless, if he has secured the fifth [unit] with a prostration, his
obligatory [prayer] is void and his prayer becomes a supererogatory prayer
and it is incumbent on him to add a sixth unit.
If someone sits in the fourth [unit], and then stands and does not perform
the salutation believing that [it was] the first sitting, he returns to the sitting
posture so long as he has not performed a prostration for the fifth [unit]. He
performs the salutation and then performs the prostration of error. If,
however, he secures the fifth [unit] with a prostration, he adds another unit to
it and his prayer concludes [with that sixth unit]. The two [additional] units
[the fifth and sixth] are supererogatory.
Whoever has a doubt about his prayer and does not know whether he has
prayed three or four [units], and that being the first [incident in prayer] that
has occurred to him, begins the prayer again [from the beginning]. If that
[uncertainty] occurs to him frequently then he must base [his prayer] on his
predominant belief, if he has a [predominant] belief, but if he does not have a
[predominant] belief, he bases [his prayer] upon [what he has] certainty [of
within the prayer].

(18-0-1 page )If standing is impossible for the sick person, he prays seated with bowing
(rukū‘) and prostration (sujūd). If he is unable to bow and prostrate, then he
gestures [to indicate the positions]. He makes the prostration lower than the
bowing and does not raise anything towards his face upon which he performs
the prostration. If he is unable to sit, then he reclines on his back and points
his feet towards the qiblah and gestures [indicating] bowing and prostration.
If he lies down on his side with his face towards the qiblah making
gestures [indicating the postures], it is valid.
If he is unable to make gestures with his head, he postpones his prayer and
does not gesture with his eyes, eyebrows nor his heart.
If he is able to stand but unable to bow or prostrate, the standing is not
binding upon him and it is permitted [for him] to pray seated whilst gesturing
[indicating the postures].
If a healthy person performs a part of his prayer standing, and then is
[suddenly] afflicted with an illness, he completes it sitting, and bows and
prostrates, or by way of gesturing if he is unable to bow and prostrate, or
reclining if he is unable to sit.
Whoever prays [initially] seated, bowing and prostrating, due to an illness,
and then recovers [from that illness] completes [the remainder of] his prayer
standing, but if he performs a part of his prayer with gestures and then gains
the ability to bow and prostrate, he begins the prayer [from the beginning].
When someone who is overcome with unconsciousness for [a period of]
five prayers or less recovers, he performs them by way of qaḍā’, but if he
misses more than that75 due to unconsciousness, then he does not perform
[any of] them by way of qaḍā’.76

(23-0-1 page )When the sun is eclipsed (kusūf), the imam prays two rak‘ahs with the
people, like the form of the supererogatory [prayers]. There is [only] one
bowing [position] in each rak‘ah. The imam lengthens the recitation in both
[of the rak‘ahs] and he makes [the recitation] inaudible, according to Abū
Ḥanīfah, may Allah have mercy on him, but Abū Yūsuf and Muḥammad,
may Allah have mercy on them, said that he recites aloud. Afterwards, he
makes a supplication until the sun appears again.
The imam who performs the Jumu‘ah prayer with them prays with the
people, and if the imam is not present, the people pray it individually.
There is no congregation for the lunar eclipse (khusūf), and everyone
prays on their own.
There is no address (khuṭbah) for the eclipse prayer.

(24-0-1 page )Abū Ḥanīfah, may Allah have mercy on him, said, “For seeking rain
(istisqā’), there is no prayer in congregation according to the Sunnah; and if
people pray individually it is valid. Istisqā’ is only supplication and seeking
forgiveness.”
Abū Yūsuf and Muḥammad, may Allah have mercy on them, said, “The
imam prays two units in which he makes the recitation audible. Then, he
delivers an address and faces the qiblah when supplicating. The imam turns
his cloak inside out, but the people do not turn their cloaks inside out.”
The people of the dhimmah117 do not attend the [prayer for] seeking rain.

(25-0-1 page )RAMADAN
It is recommended118 for people to congregate in the month of Ramadan,
after the ‘ishā’ [prayer].

(26-0-1 page )When fear becomes intense,122 the imam forms the people into two
groups; one group facing the enemy,123 and one group behind himself.124 He
prays one unit and two prostrations with this [latter] group. When he raises
his head from the second prostration, this group proceeds to face the enemy
and the other group attends. The imam performs one unit and two
prostrations with [the second group] and he performs the tashahhud and the
salutation. They do not perform the salutation but go away to face the enemy.
The first group returns and prays one unit and two prostrations, without the
recitation,125 individually. They perform the tashahhud and the salutation
[then] proceed to face the enemy. [Then,] the other group return and pray one
unit126 and two prostrations with recitation127 and perform the tashahhud and
the salutation.
If [the imam] is resident, then he performs two units with the first group
and two units with the second [group].
For the maghrib [prayer], he prays two units with the first group and one
unit with the second [group].
They do not engage in combat whilst in the state of prayer; if they do that,
their prayer is void.
If the fear is extremely intense, they pray individually whilst mounted,
making gestures for the bowing and prostration, facing whichever direction
they wish if they are unable to face the qiblah [throughout the prayer].

(27-0-1 page )When a person is close to death, he is faced towards the qiblah on his
right side and encouraged [to pronounce] the two shahādahs.128 When he
dies, they tie his jaws and close his eyes.

(28-0-1 page )The shahīd (martyr)143 is someone:
1. Who was killed by polytheists,144 or
2. Was found [dead] at the battle with marks of wounding on him, or
3. The Muslims killed him unjustly but diyah is not due for his killing.
He is placed in a shroud and prayed over, but not given a ghusl.
When a junub is killed [as shahīd], he is given a ghusl, according to Abū
Ḥanīfah, may Allah have mercy on him, as is the minor, but Abū Yūsuf and
Muḥammad, may Allah have mercy on them, said, “They are not given a
ghusl.”
The blood of a shahīd is not washed off him, nor are his clothes removed,
but his leather jacket, furs, boots and weapons are removed.
Whoever remains alive (irtithāth) is to be given a ghusl.
Remaining alive (irtithāth) is that one:
1. Eats, or
2. Drinks, or
3. Is treated, or
4. Remains alive until the time of one prayer passes over him and whilst
he is conscious, or
5. He is transferred, while alive, from the battlefeld.
Whoever is killed due to a ḥadd (divine statutory) punishment, or qiṣāṣ
(legally supervised retaliation), is given a ghusl and prayed over, but those
rebels or brigands killed are not prayed over.

(29-0-1 page )Prayer inside the Ka‘bah is valid, the obligatory and the supererogatory. If
the imam prays inside it with a congregation and some of them turn their
backs to the imam’s back, it is valid, but if any of them turns his face towards
the face of the imam, it is valid, but disapproved, but if any of them turns his
back to the face of the imam, his prayer is invalid.
When the imam prays in the al-Masjid al-Ḥarām,145 the people form a
circle around the Ka‘bah and pray with the imam’s prayer [following him]. If
any of them is closer to the Ka‘bah than the imam, his prayer is valid if he is
not on the [same] side [as that] of the imam.
If someone prays on the roof of the Ka‘bah, his prayer is valid.

(31-0-1 page )There is no ṣadaqah148 [due] on less than a group149 of five camels. When
they amount to five free-grazing, and a year passes over them, there is one
sheep or goat150 due [in zakāh] for them; [that is] up to nine [camels]. When
they become ten, there are two sheep or goats due [in zakāh] for them, and
that is up to fourteen [camels]. When they become fifteen [camels], there are
three sheep or goats [zakāh] in them, up till nineteen. When they become
twenty, there are four sheep or goats due [in zakāh] for them, up till twentyfour.
When they reach twenty-five [camels], there is one bint makhāḍ151 due [in
zakāh] for them, up till thirty-five. When they reach thirty-six [camels], there
is one bint labūn152 due [in zakāh] for them, up till forty-five. When they
reach forty-six [camels], there is one ḥiqqah153 due [in zakāh] for them, till
sixty. When they reach sixty-one [camels], there is one jadha‘ah154 due [in
zakāh] for them, up till seventy-five.
When they reach seventy-six [camels], there are two bint labūns due [in
zakāh] for them, up till ninety. When they become ninety-one [camels], there
are two ḥiqqahs due [in zakāh] for them, up till one hundred and twenty
[camels].
Thereafter, the obligation recommences; thus, for five [camels over one
hundred and twenty], there is one sheep or goat with the two ḥiqqahs. For ten
[camels over one hundred and twenty], there are two sheep or goats [with the
two ḥiqqahs]. For fifteen [camels over one hundred and twenty], there are
three sheep or goats [with the two ḥiqqahs]. For twenty [camels over one
hundred and twenty], there are four sheep or goats [with the two ḥiqqahs].
For twenty-five [camels over one hundred and twenty], there is one bint
makhāḍ [with the two ḥiqqahs], up to one hundred and fifty in which there
are three ḥiqqahs [due in zakāh].
Thereafter, the obligation recommences; thus, for five [camels over one
hundred and fifty], there is one sheep or goat [with the three ḥiqqahs]. For
ten, there are two sheep or goats. For fifteen, there are three sheep or goats.
For twenty, there are four sheep or goats.
For twenty-five [camels over one hundred and fifty], there is one bint
makhāḍ [with the three ḥiqqahs]. For thirty-six [camels over one hundred and
fifty], there is one bint labūn [with the three ḥiqqahs].
When they reach [the number] one hundred and ninety-six, then in them
there are four ḥiqqahs, up until two hundred [camels].
Thereafter, the obligation continually recommences, just as it
recommences for the fifty which come after the one hundred and fifty.155
The mixed breed (bukht) and the Arabian breed (‘irāb) are [deemed to be]
the same.

(32-0-1 page )156 There is no zakāh on less than thirty cows. When there are thirty, freegrazing
[cows] and a year passes over them, there is due a one-year old male
calf (tabī‘) or a one-year old female calf (tabī‘ah) [as zakāh] in them, and in
forty [cows], it is a two-year old male calf (musinn) or a two-year old female
calf (musinnah).
When they exceed forty [cows] up to sixty, it becomes obligatory [to pay
zakāh] on the excess accordingly, according to Abū Ḥanīfah, may Allah have
mercy on him. Thus, in one [cow over forty cows], it is a quarter of a tenth157
of a two-year old female calf, in two [cows over forty cows], it is one half of
a tenth158 of a two-year old female calf and in three, it is three-quarters of a
tenth159 of a two-year old female calf.
Abū Yūsuf and Muḥammad, may Allah have mercy on them, however,
said that there is nothing [to pay] for the excess [over forty cows] until they
reach sixty. Thus, there are two one-year old male calves or two one-year old
female calves [in sixty cows]. In seventy [cows], there is a two-year old
female calf and a one-year old male calf. For eighty [cows], there are two
two-year old male calves. For ninety [cows], there are three one-year old
female calves and in one hundred [cows], there are two one-year old female
calves and one two-year old female calf.
It is on this [scale that] the obligation [of zakāh] changes in every ten
[cows] from a year old male calf to a two-year old female calf [and vice
versa].160
Buffaloes and cows are the same [in this regard].

(33-0-1 page )161 There is no zakāh due on less than forty sheep or goats, and when there
are forty free-grazing [sheep or goats] and a year passes over them, there is
one sheep or goat due from them, up until one hundred and twenty.
When one [sheep or goat] increases [over one hundred and twenty], then
there are two sheep or goats [due as zakāh] from them, up until two hundred.
When one [sheep or goat] increases [over two hundred], then there are three
sheep or goats [due as zakāh] from them. When they reach four hundred
[sheep or goats], then there are four sheep or goats [due as zakāh] from them.
Thereafter, in every [additional] one hundred [sheep or goats over four
hundred], there is a sheep or goat [added to the payment of zakāh].162
Sheep and goats are [to be deemed] the same [in this regard].

(34-0-1 page )When horses are free-grazing, male (stallions) and female (mares), and
one year passes over them, then their owner has a choice:
1. If he wants, he may give one dinar for every horse [as zakāh], or
2. If he wishes, he may value them and pay five dirhams for every two
hundred dirhams [of the total value].163
According to Abū Ḥanīfah, may Allah have mercy on him, there is no
zakāh on the males of them alone,164 but Abū Yūsuf and Muḥammad, may
Allah have mercy on them, said that there is no zakāh on horses.
There is nothing [payable as zakāh] on mules and donkeys unless they are
for trade.
According to Abū Ḥanīfah and Muḥammad, may Allah have mercy on
them, there is no zakāh on young camels, young sheep and young cattle,
unless there are older ones with them, but Abū Yūsuf, may Allah have mercy
on him, said that it is obligatory [to give] one of those [young].
Upon whomsoever a two-year old male calf is obligatory and it is not
available, the ṣadaqah-official is to take a superior [animal] than that and
return the excess165 [to the owner], or he may take an inferior [animal than
that] and take the excess.
It is permitted to pay the value in zakāh.166
There is no zakāh on work-animals, pack-animals and stall-fed animals.
The ṣadaqah-official167 is not to take the best of the wealth [of animals]
nor the worst of it; he is to take the average [animals].
Whoever possesses the niṣāb [of animals] and derives benefit from the
same species throughout the year, is to add it to his wealth [of animals] and
pay zakāh on it [all].
The sā’imah is that [animal] which is sufficed by grazing most of the year.
When one stall-feeds it for half the year or more, there is no zakāh on it.168
According to Abū Ḥanīfah and Abū Yūsuf, may Allah have mercy on
them, zakāh is due on the [complete] niṣāb [only] and not [on] the excess, but
Muḥammad and Zufar, may Allah have mercy on them, said that it is
obligatory on them both.
If zakāh is paid in advance before the year [has passed], and one is the
owner of the niṣāb, then it is valid.

(35-0-1 page )There is no zakāh on whatever is less than two hundred dirhams [of
silver].169
When there are two hundred dirhams [of silver] and a year passes over
them, then for that there are five dirhams170 [zakāh], and there is nothing [to
pay] on the excess until it reaches forty dirhams, when, there is one dirham
for it.
Thereafter, there is one dirham [to pay as zakāh] in every forty dirhams,
according to Abū Ḥanīfah, may Allah have mercy on him, but Abū Yūsuf and
Muḥammad, may Allah have mercy on them, said that whatever goes over
two hundred [dirhams], its zakāh [is calculated] according to its rate.171
If the predominant portion of the coin is silver, then it shall be [dealt with]
under the ruling of silver, but if the predominant portion is alloy, then it shall
be [dealt with] under the ruling of commodities (‘urūḍ).

(36-0-1 page )There is no zakāh on what is less than twenty mithqāls172 of gold, but if it
is [a minimum of] twenty mithqāls, and one year passes over it, there is onehalf
of a mithqāl [zakāh] due on it.173
Thereafter, in every four mithqāls [over twenty], two carats174 [are due as
zakāh].175
According to Abū Ḥanīfah, may Allah have mercy on him, there is no
zakāh due on what is less than four mithqāls,176 but they,177 may Allah have
mercy on them, said that whatever exceeds twenty [mithqāls], its zakāh [is
calculated] according to its rate.178
Zakāh is due on nuggets of gold and silver, on their jewellery and utensils
[manufactured] from them.

(37-0-1 page )Zakāh is obligatory on goods [held] for trade (‘urūḍ at-tijārah), whatever
they may be, when their value reaches the niṣāb of silver or gold. It is valued,
according to whichever of the two is more beneficial for the poor and the
destitute.
Abū Yūsuf, may Allah have mercy on him, said that one should evaluate
it with what one purchased it; if he purchased it with something other than
money, it should be evaluated in the predominant currency in the city, but
Muḥammad, may Allah have mercy on him, said that [it should be evaluated]
in the predominant currency in the city under all circumstances.
When the niṣāb is complete at both ends of the year,179 its falling below
[the niṣāb] in between that does not cause [the obligation of] zakāh to
lapse.180
The value of the stock is to be added to the value of gold and silver, and
likewise, gold is to be added to silver, with [regards to] value until the niṣāb
is complete, according to Abū Ḥanīfah, may Allah have mercy on him, but
they181 said, may Allah have mercy on them, that gold is not to be added to
the silver in value, but [that] it is to be added in portions.182

(38-0-1 page )Abū Ḥanīfah, may Allah have mercy on him, said that a tenth (‘ushr) is
due on183 whatever the land yields whether little or much, irrespective of
whether it was irrigated by flowing water184 or the sky watered it,185 except
firewood, bamboo and grass.186
Abū Yūsuf and Muḥammad, may Allah have mercy on them, said that
‘ushr is not obligatory except for that which has lasting fruit, [and that is]
when it reaches five awsuq.
One wasq187 is sixty ṣā‘s,188 according to the ṣā‘ of the Prophet .
According to [Abū Yūsuf and Muḥammad], may Allah have mercy on
them, there is no ‘ushr on vegetables.
There is half of a tenth (‘ushr),189 according to both verdicts,190 on that
which is watered with large buckets, a water-wheel or a water-drawing
camel.
Abū Ḥanīfah, may Allah have mercy on him, said that of those that are not
measured by the wasq, like saffron and cotton, the tenth (‘ushr) becomes
obligatory when its value reaches the value of five awsuq, according to the
cheapest [crop] that is [evaluated] under the wasq [method of measurement].
Muḥammad, may Allah have mercy on him, said that a tenth becomes
obligatory when the produce reaches five units of the highest [unit] that is
used to determine its category. Therefore, for cotton, he took five loads191 [as
the standard] and for saffron, [he standardised on] five maunds (mann).192
From honey, be it little or much,193 a tenth is due when it is acquired from
land that is [also] subject to ‘ushr. Abū Yūsuf, may Allah have mercy on him,
said that there is nothing [due] on it until it amounts to ten azqāq,194 but
Muḥammad, may Allah have mercy on him, said [that there is nothing due
from it until it amounts to] five afrāq. One faraq is thirty-six [Iraqi] riṭls.
There is no tenth due from the produce of kharāj195 land.

(39-0-1 page )ZAKĀH AND THOSE TO WHOM IT IS NOT
PERMITTED

(40-0-1 page )The ṣadaqat al-fiṭr (or fiṭrah) is incumbent upon every free Muslim, when
he is the owner of the amount of the niṣāb over and above his residence, his
clothes, his assets, his horses, his weapons and his slaves kept for personal
service [not for sale].202
He pays it on behalf of himself, his minor children and his slaves who are
kept for service, but he is not to pay it on behalf of his wife nor on behalf of
his adult children, even though they may be among his dependents.
He is not to pay it on behalf of his mukātab [slave], his slaves kept for
trade or the slave shared between two partners and there is no [obligation of
paying] fiṭrah on either of the two [partners].
The Muslim pays fiṭrah on behalf of his non-Muslim slave.

(42-0-1 page )I‘tikāf is a recommended [act],220 and it is [defined as] staying inside the
mosque,221 with fasting and [with] the intention of i‘tikāf.
Sexual intercourse, fondling and kissing are forbidden (ḥarām) for
someone in i‘tikāf (mu‘takif), and if he ejaculates due to kissing or fondling,
his i‘tikāf is nullifed, and [making it up by] qaḍā’ is due from him.
Someone who is in i‘tikāf is not to leave the mosque except for a necessity
or for the Jumu‘ah (Friday prayer). There is no objection to him selling and
buying in the mosque without making the goods present [in the mosque]. He
should only speak of good [things], but total silence is disapproved for him.
If someone in i‘tikāf has sexual intercourse, whether by night or by day,
forgetfully or deliberately, his i‘tikāf becomes void. If he leaves the mosque
for a moment without a [valid] excuse, his i‘tikāf becomes void, according to
Abū Ḥanīfah, may Allah have mercy on him, but they,222 may Allah have
mercy on them, said that it is not void unless it is for more than half a day.
Whoever binds himself to the i‘tikāf of [a number of] days, their i‘tikāf
along with their nights is binding upon him, and they are to be done
consecutively, even if the consecutive order is not stipulated in them.

(44-0-1 page )The mawāqīt224 (limits) that a person is not to cross except as a muḥrim
(someone who is in the state of iḥrām):
1. For the people of Madīnah, it is Dhu’l-Ḥulayfah,
2. For the people of Iraq, it is Dhāt ‘Irq,
3. For the people of Syria, it is al-Juḥfah,
4. For the people of Najd, it is Qarn, and
5. For the people of Yemen, it is Yalamlam.225
If someone adopts the state of iḥrām before these mawāqīt it is
permissible. Whoever [resides] within the mawāqīt, then his mīqāt is [at] al-
Ḥill.226 Whoever is at Makkah, then his mīqāt is the Ḥaram [itself] for the
ḥajj, and it is al-Ḥill for the ‘umrah.

(46-0-1 page )According to us, qirān is better than tamattu‘ and ifrād.
The description of qirān is that one adopts the iḥrām for ‘umrah (lesser
pilgrimage) and for ḥajj simultaneously, from the mīqāt.
Following the prayer [of two units], one says: “ Allāhumma innī urīdu’l-
ḥajja wa’l-‘umrata, fa yassir-humā lī, wa taqabbal-humā minnī – O Allah, I
intend to perform ḥajj and ‘umrah, so make them easy for me and accept
them from me.”
When he enters Makkah, he begins with the circumambulation,
circumambulating the House in seven circuits, performing ramal in the first
three of them, and walking in the remainder at his normal gait. After that, he
performs sa‘y between Ṣafā and Marwah. These are the actions of ‘umrah.
Thereafter, after sa‘y, he circumambulates performing the ṭawāf alqudūm.
He performs sa‘y between Ṣafā and Marwah for ḥajj, just as we have
explained with respect to someone performing ifrād.
When someone pelts the jamrat [al-‘aqabah] on the day of sacrifice
(naḥr), he slaughters a goat, a cow, or a camel (badanah),263 or [gives] oneseventh
of a camel (badanah) or one-seventh of a cow. This, is the sacrifice
(dam) of qirān. If, however, he does not possess anything to slaughter, he
should fast three days during the ḥajj, the last of which is the day of
‘Arafah.264 If he delays the fast until the day of sacrifice (naḥr) falls [due],
then nothing is valid for him other than sacrifice of an animal (dam).265 Then
he fasts seven days when he returns to his household, but if he fasts them in
Makkah after finishing the ḥajj, it is valid.
If someone performing qirān266 does not enter Makkah but heads
[directly] to ‘Arafāt, he becomes someone who leaves his ‘umrah by standing
[at ‘Arafah], and the sacrifice of an animal of qirān lapses from him, but
sacrifice of an animal for leaving the ‘umrah is due from him, and so is
[making up the ‘umrah in] qaḍā’.267

(47-0-1 page )According to us, tamattu‘ is better than ifrād.
The mutamatti‘ (person who performs tamattu‘) is of two types: the
mutamatti‘ who drives the hady (sacrificial animal as offering for the ḥajj),
and the mutamatti‘ who does not drive the hady.
The description of tamattu‘ is that one begins at the mīqāt, [where he]
adopts the iḥrām for ‘umrah and then enters Makkah, and performs the
circumambulation for it (‘umrah), does sa‘y and shaves [his head] or clips
[his hair], at which point he is released from his ‘umrah.
He discontinues the talbiyah when he begins the circumambulation, and
remains in Makkah free from iḥrām.
On the day of tarwiyah, he should adopt iḥrām for ḥajj from the al-Masjid
al-Ḥarām. He should do whatever the one performing the ḥajj ifrād does, and
the sacrifice of an animal (dam) of tamattu‘ is due from him, but if he does
not find that which he can slaughter, he should fast three days during the ḥajj,
and seven when he returns to his household.
When the mutamatti‘ wants to drive the hady, he should adopt the iḥrām,
and [then] drive his hady. If it is a camel (badanah), he should garland its
neck with a leather water-bag or a sandal. He should mark (ish‘ār) the camel,
according to Abū Yūsuf and Muḥammad, may Allah have mercy on them,
and that is to slit its hump from the right side, but according to Abū Ḥanīfah,
may Allah have mercy on him, he should not mark [it].
When he enters Makkah, he performs the circumambulation and sa‘y. He
does not become free [of the restrictions of iḥrām] until he has worn it for the
ḥajj on the day of tarwiyah.
If he advances the adopting of iḥrām prior to that [day of tarwiyah], it is
valid, and the sacrifice of an animal (dam) of tamattu‘ is due from him. When
he shaves [his head] on the day of sacrifice (naḥr) he has become free of both
iḥrāms.
There is no [ḥajj] tamattu‘ or qirān for residents of Makkah, and for them
there is only ifrād.
If the mutamatti‘ returns to his land after he is free from his ‘umrah
without driving the hady, his tamattu‘ is void.
Whoever adopts iḥrām for ‘umrah prior to the months of ḥajj and
performs less than four circuits of circumambulation and then the months of
ḥajj begin and he completes them268 and adopts iḥrām for ḥajj, is a
mutamatti‘.
If he circumambulates four circuits or more for his ‘umrah before the
months of ḥajj, then performs ḥajj that same year of his, he is not a
mutamatti‘.
The months of ḥajj are Shawwāl, Dhu’l-Qa‘dah and the [first] ten [days]
of Dhu’l-Ḥijjah.
If someone advances the [adoption of the] iḥrām for ḥajj prior to them, his
iḥrām is valid and his ḥajj can be performed.
When a woman begins menstruating during her iḥrām, she takes a bath,
dons the iḥrām and does whatever the person performing ḥajj does, except
that she does not circumambulate the House until she becomes pure. If she
begins menstruating after the standing at ‘Arafah, and after the ṭawāf azziyārah,
she may leave Makkah and there is nothing due from her for leaving
the ṭawāf aṣ-ṣadr.

(48-0-1 page )If the person in iḥrām applies perfume, then expiation is due from him. If
he applies perfume to a complete limb or to what is more than that, then
sacrifice of an animal (dam) is due from him, and if he perfumes less than a
limb, then charity269 (ṣadaqah) is due from him.
If someone wears a sewn garment or covers his head for a whole day, then
sacrifice of an animal (dam) is due from him, but if it is less than that [period
of time],270 then charity is due from him.
If one shaves a quarter of his head or more, then sacrifice of an animal
(dam) is due from him, but if he shaves less than a quarter, then charity is due
from him.
If someone shaves the cupping area of the neck, then sacrifice of an
animal is due from him, according to Abū Ḥanīfah, may Allah have mercy on
him, but Abū Yūsuf and Muḥammad, may Allah have mercy on them, said
that ṣadaqah [is due from him].
If someone clips the fingernails of both hands and the toenails of both
feet, then sacrifice of an animal is due from him, and if he clips the
fingernails of one hand and the toenails of one foot, then sacrifice of an
animal is due from him. If he clips less than five different nails from his
hands and his feet, then charity is due from him, according to Abū Ḥanīfah
and Abū Yūsuf, may Allah have mercy on them, but Muḥammad, may Allah
have mercy on him, said sacrifice of an animal is due from him.
If someone applies perfume, shaves [his head] or wears a sewn garment
with a [valid] excuse, then he is given a choice: if he wishes, he may
slaughter a sheep or goat, or if he wishes, he may give charity to six needy
persons of three ṣā‘s of food,271 or if he wishes, he may fast for three days.

(49-0-1 page )When the person in iḥrām is held back by an enemy, or an illness befalls
him that prevents him from continuing [his ḥajj rites], it is permissible for
him to release [himself from the iḥrām], and it is said to him: “Send a sheep
or goat to be slaughtered in the Ḥaram.” He takes an undertaking from
someone who will take it on a specific day in which it is to be slaughtered,
then he releases himself from the iḥrām.
If he is performing qirān, he should send two animals to be sacrificed.277
Slaughtering an animal (dam) for having been kept back (iḥṣār) is not
permitted [anywhere] but in the Ḥaram. According to Abū Ḥanīfah, may
Allah have mercy on him, its slaughter is permitted prior to the day of
sacrifice (naḥr), but they,278 may Allah have mercy on them, said that
slaughtering on behalf of the person who has been held back (muḥṣar –
person in iḥrām in iḥṣār) intending ḥajj is not permitted except on the day of
sacrifice (naḥr).
It is permissible for the person who has been held back from ‘umrah to
slaughter whenever he wants.
When the person who has been held back from ḥajj releases himself from
iḥrām, one ḥajj and one ‘umrah are due from him, and the person who has
been held back intending ‘umrah is due to perform qaḍā’.
One ḥajj and two ‘umrahs are due from the person performing qirān.279
When the person who has been held back sends an offering (hady) and
takes an undertaking from them280 that they slaughter it on a specific day, and
then the condition of being held back ends, if he is able to catch up to the
offering and [also] the ḥajj, he is not permitted to release himself from the
iḥrām, and executing [the ḥajj and sacrifice] is binding upon him. If he is
able to catch up to the offering but not the ḥajj, then he releases himself from
the iḥrām. If, however, he is able to catch up to the ḥajj but not the offering,
it is permitted for him to release himself from the iḥrām, on the basis of
istiḥsān (juristic preference).
Whoever is held back at Makkah and is prevented from the standing [at
‘Arafah] and circumambulation [of the Ka‘bah], is [understood to be] a
muḥṣar,281 but if he is able to catch up to either one of the two,282 then he is
not a muḥṣar.

(50-0-1 page )Whoever adopts the iḥrām of ḥajj and then misses the standing at ‘Arafah
until the sun rises on the day of sacrifice (naḥr), has missed the ḥajj, and
must perform the circumambulations, the sa‘y and release himself from the
iḥrām. [He is to] perform the ḥajj as qaḍā’ in the following year, and there is
no sacrifice of an animal (dam) due from him.
The ‘umrah cannot be missed and it is permitted during the whole year,
except the five days during which its performance is disapproved: the day of
‘Arafah, the day of sacrifice (naḥr), and the three days of tashrīq.
‘Umrah is sunnah. It [consists of] iḥrām, circumambulation and sa‘y.

(51-0-1 page )The minimum offering (hady) is a sheep or goat, and it is of three kinds:
camels, cows, sheep and goats.
In all of these, a two-year old or older is sufficient, except in [the case of]
sheep [in which] a six-month old lamb is sufficient.
The offering is not permitted [if] its [whole] ear or the major part of it is
severed, the tail is severed, the hand is severed, the foot [is severed], or one
with impaired eyesight, which is emaciated, or lame that does not walk [all
the way] to the place of the rite [of sacrifice].
The sheep or goat is permitted [to be slaughtered] for everything except in
two cases: someone who performs the ṭawāf az-ziyārah while junub, and
someone who has sexual intercourse after standing at ‘Arafah. In these two
cases, nothing is allowed but a camel (badanah).
[With regards to] the badanah and the cow, either of the two can be
portioned on behalf of seven people, if each of the participants intends it as
an act of drawing closer283 [to Allah]. If any of them wants his share of the
meat, it is not valid for the rest284 as an act of drawing closer (qurbah).
Consuming [the meat] from the offering which is done as a voluntary act
(taṭawwu‘), or for tamattu‘ and qirān is permissible, but it is not permitted
from the rest of the offerings.
Slaughtering the offering which is done as a voluntary act, or for tamattu‘
and qirān is not permitted except on the day of sacrifice (naḥr). Slaughtering
the rest of the offerings is permissible at any time one wants.
Slaughtering the offerings is not permitted except in the Ḥaram.
It is permissible to give it away as charity to the needy of the Ḥaram and
to others, and notification of the offering is not obligatory.
In the case of camels, stabbing at the base of the neck (naḥr) is better, and
in the case of cows and sheep, slaughtering (dhabḥ)285 is better.
It is preferable for someone to undertake the slaughtering of [the animal]
himself, if he is able to do that well and to give its coverings and its bridles
away in charity, but he should not give them as remuneration to the
butcher.286
Whoever drives a camel (badanah) and is compelled to ride it may do so,
but if he has no need to do that, then he does not ride it. If it has milk
[lactating from its udder], he does not milk it, but rather, he sprinkles its
udder with cold water until the milk ceases [to flow].
Whoever drives an offering and it perishes, then if it was supererogatory
another one is not due from him, but if it was for an obligation, then it is
incumbent upon him to replace it with another.
If it suffered many defects, he should replace it with another, and he may
do whatever he wants with the defective [animal].
If the camel (badanah) perishes along the way; if it was supererogatory,
then he slaughters it [at the base of its neck], colours its garland with its
blood and strikes its side with [the garland]. Neither he and nor anyone else
from [amongst] the people who have no need eat of it.
If it was obligatory, he replaces it with another, and he does whatever he
likes with [the one that has perished].
One garlands the neck of the supererogatory offering, the [offering of]
tamattu‘ and [that of] qirān, but one does not garland the neck of the animal
sacrificed (dam) because of being held back (iḥṣār) or the animal sacrificed
(dam) for offences.

(52-0-1 page )Sale (bay‘) is concluded by making an offer and [its] acceptance when
they are both [enacted] with words of the past tense.
When one of the two contracting parties offers to sell, the other has a
choice: if he wishes, he may accept within that session (majlis al-‘aqd) and if
he wishes, he may reject it.287
So, whichever of the two stands [and leaves] that session288 before the
acceptance [of the offer], the offer is void.
Once the offer and acceptance have taken place, the sale has been enacted
and neither of the two [parties] has any choice [of rescission]289 except in
[the case of] a defect or in [the case of] not having seen [the object of
sale].290
The considerations291 that are indicated, knowing their quantity is not
required in [the stipulations of] the permissibility of the sale.292
Unspecified prices are not valid unless they are of known quantity and
description.293
The sale is permitted with on-the-spot payment or deferred [payment,
subject to] when the [period of] deferment is known.294
Whoever does not specify the price (thaman) in the sale, it is [determined]
according to the predominant currency of the land.295 If, however, there are
different currencies [in the land], the sale is invalid, unless one of them is
specified.296
The sale of food and all [types of] seeds is permitted, by measurement or
without measurement, with a specific pot, the volume of which is not known,
or according to the weight of a specific rock the value of which is not
known.297
Whoever sells a pile of food, each qafīz298 for one dirham, the sale is
permitted for one qafīz only, according to Abū Ḥanīfah, may Allah have
mercy on him. It is invalid for the rest [of the qafīzs] unless he mentions all
of its qafīzs.299 Abū Yūsuf and Muḥammad, may Allah have mercy on them,
however, said that it is valid in either case.
Whoever sells a flock of sheep and goats, each sheep or goat for one
dirham, the sale is invalid for all of them.300 And likewise, [it is invalid] if
one sells cloth by the cubit (dhirā‘), each cubit for one dirham and does not
nominate the complete [number of] cubits.
Whoever purchases a pile of food for one hundred dirhams, on the
presumption that it is one hundred qafīzs, then finds it to be less than that, the
purchaser has a choice: if he wants, he may take what there is with its share
of the price,301 or if he wants, he may cancel the sale. If he finds it to be more
than that, then the excess is for the seller.302
Whoever buys cloth on the assumption that it is ten cubits [in length], for
ten dirhams, or [buys] land on the assumption it is one hundred cubits [in
length] for one hundred dirhams, then finds it to be less than that, the buyer
has the choice: if he wants, he may take it at the full price [of ten dirhams], or
if he wants, he may leave it.
If he finds it to be more than the cubits he had mentioned, then [the
excess] is for the buyer and the seller has no choice [but to give it up at that
price].
If [the seller] says, “I have sold it to you such that it is one hundred cubits
for [the price of] one hundred dirhams, each cubit being for one dirham,” and
if [the buyer] finds it less [than that], he has the choice: if he wants, he may
take of it according to its share of the price, or if he wants, he may leave it.
If, however, he finds it to be more, then he has the choice: if he wants, he
may take it all, [on the basis of] each cubit for one dirham, or if he wants, he
may cancel the sale.
If [the seller] says, “I have sold you this bale, on the basis that it [consists
of] ten pieces of fabric, for one hundred dirhams, each piece of fabric being
ten [dirhams],” then if [the buyer] finds them to be less [than that], the sale is
permitted according to its share,303 but if he finds them to be more, then the
sale is invalid.
Whoever sells a house, its structure is included in the sale even though
[the seller] does not mention it, and whoever sells some land, whatever datepalms
and trees are within it are included in the sale, even if [the seller] does
not mention them, but crops are not included in the sale of land unless
specified.
Whoever sells date-palms or trees upon which there is fruit, its fruit is for
the seller, unless the purchaser stipulates it [to include the fruit in the sale]
when it is said to the seller, “Pick it, and deliver the sold goods [to the
buyer].”
Whoever sells fruit, [irrespective of whether] its ripening had begun or
not, the sale is valid and it is immediately incumbent on the buyer to pick [the
fruit], but if he stipulates that it has to be left on the date-palm [or tree], the
sale is invalid.
It is not permitted for someone to sell fruit and [at the same time] exclude
specific measures of it.304
It is permitted to sell wheat in its ear and legume in its pod.
Whoever sells a house, the keys of its locks are included in the sale.
The wages of the person who measures [out the goods being sold]
(kayyāl) and of the money-checker (nāqid ath-thaman) are [due] from the
seller, whereas, the wages of the person who weighs the money305 (wazzān
ath-thaman) are [due] from the buyer.
Whoever sells a commodity [in consideration] for a price, it is said to the
buyer, “Pay the money first.” once he has paid, it is said to the seller, “[Now,]
hand over the object of sale [to the buyer].”
Whoever barters a commodity for another commodity, or price for
price,306 it is said to both of them, “Hand them over [to each other]
simultaneously.”

(53-0-1 page )THE CONTRACT
The option stipulated in the contract is permitted in the sale for [both]
seller and buyer,307 and for them, the stipulated option is [valid] for three
days or less than that and it is not permitted for more than that according to
Abū Ḥanīfah, may Allah have mercy on him, but Abū Yūsuf and
Muḥammad, may Allah have mercy on them, said that it is permitted [for
more than three days] when one names a definite period [of time].
The option stipulated by the seller prevents the object of sale from leaving
his ownership, thus, if the buyer takes possession of it and it perishes in his
possession within the period of the stipulated option, [the buyer] compensates
[the seller] for its value.308
The option stipulated by the buyer does not prevent the object of sale from
leaving the ownership of the seller, but the buyer does not own it [either],
according to Abū Ḥanīfah, may Allah have mercy on him, but Abū Yūsuf and
Muḥammad, may Allah have mercy on them, said that [the buyer] does own
it. Therefore, if it perishes in his possession, it perishes according to its price
[with the buyer], and likewise, if it becomes defective.
Whomsoever the option (khiyār) is stipulated for has the right to rescind
the sale during the period of option, or he may declare it valid.
If he considers it valid without the presence of his counterpart,309 it is
valid, but it is not valid for him to cancel it unless the other [party] is present.
When the one who has the option dies, his option is void and it does not
transfer to his heirs.310
Whoever sells a slave on the understanding that [the slave] is a baker or a
scribe, then finds him contrary to that, the buyer has the choice: if he wants,
he may take him at the full price, or if he wants, he may leave him.

(54-0-1 page )EXAMINATION
Whoever buys that which he has not seen, the sale is permitted and he has
the choice when he does see it: if he wants, he may take it, or if he wants, he
may refuse it.
Whoever sells that which he has not seen, has no choice [in that].311
If [the buyer] looks at the exterior of a pile [of foodstuffs], or at the
outside of fabric that is folded, or at the face of a slave-woman, or at the face
and posterior of a pack-animal, [then buys them] he has no option [to rescind
the sale].312
If he sees the courtyard of a house [and buys the house], he has no option
[to rescind the sale], even though he did not see its rooms.
Selling and buying by a blind person are allowed. He has the choice [to
rescind] when he buys and his [right of] choice ceases: when he handles the
commodity – if it becomes known through handling, or he smells it – if it
becomes known through smelling, or he tastes it – if it becomes known
through tasting.313
In real estate, the option [to rescind the sale] does not cease until it is
described to him.
Whoever sells another’s property without his permission, the owner has
the option: if he wants, he may permit the sale, or if he wants, he may rescind
it. [The owner] has [the right] to permit [the sale, only] when the item which
is the subject of the contract (ma‘qūd ‘alayhi) [still] exists and both the
contracting parties are [standing] by their terms.314
Whoever sees one of two garments and he buys them both, then sees the
other [garment], it is permitted for him to return both of them.
Whoever dies while holding the [right to] purchase subject to
examination, his choice is annulled.315
Whoever sees something and, then buys it after a period [of time], if it is
[still] in the condition it was when he saw it then he has no option [to rescind
the sale], but if he finds that it has changed, then he has the option [to rescind
the purchase].

(55-0-1 page )DUE TO A BLEMISH
When the buyer becomes aware of a blemish in the goods, he has the
choice: if he wants, he may take it [by paying] the complete payment, or if he
wants, he may reject it.
It is not permissible for him to retain it and take a reduction [in price
without permission of the seller].
Everything which necessarily requires a decrease in the price [of the
goods] according to the practice of traders, is a blemish. Running away,
bedwetting and stealing are blemishes in a minor [slave] until he attains
majority. Once he has attained majority, then that is not a blemish unless he
makes a practice of it after [attaining] majority.316
Halitosis and malodorous armpits are blemishes in the slave-woman but
they are not blemishes in the [male] slave, unless they are due to illness.317
[Similarly,] fornication and having an illegitimate child are blemishes in the
slave-woman, but not in the [male] slave.
When a blemish occurs [in the commodity when it is] with the buyer, and
then he discovers a blemish that existed [when the goods were] with the
seller, [the buyer] may return [to the seller] for [payment corresponding to]
the decrease [in the price] due to the [original] blemish, but he may not return
the commodity unless the seller consents to take it [back] with its blemishes.
If the buyer cuts the cloth, stitches it or dyes it, or he mixes barley-mush
with ghee, then becomes aware of a defect [in it], he may [still] recover his
decrease [in price],318 and the seller may not take back [the commodity] as it
is.319
Whoever buys a slave and sets him free, or [the slave] dies [being] with
him, then [the buyer] becomes aware of a blemish [in that slave], he may
recover the decrease [in the price the blemish occasioned].
If the buyer kills the slave, or [the commodity] is food and he eats it, then
becomes aware of a blemish in him [or it], he does not recover anything [as
recompense from the seller for the blemish], according to the verdict of Abū
Ḥanīfah, may Allah have mercy on him, but they [Abū Yūsuf and
Muḥammad], may Allah have mercy on them, said that he may recover the
diminishment [in the price] due to the blemish.
Whoever sells a slave and the buyer sells him [to another buyer], then he
is returned [to the first buyer]320 due to a blemish; if [the first buyer] had
accepted him [back] due to the adjudication of the judge (qāḍī), then he may
return him to the first seller, but if he had accepted him without the
adjudication of the judge, then he may not return him to his first seller.
Whoever buys a slave and the seller stipulates immunity from
[responsibility for] every blemish, [the buyer] may not return him because of
any blemish, even if [the seller] did not mention all the blemishes nor
enumerate them.321

(56-0-1 page )When either of the two considerations, or both of them, are ḥarām, then
the sale is invalid, such as the sale of carrion, blood, wine (khamr) or pigs,
and likewise, when the object of sale is not owned, such as a free person.
The sale of the umm al-walad (slave-woman who bears her master’s
child), the mudabbar (slave who is to be freed at his master’s death) and the
mukātab (slave who is purchasing his freedom from his master) are invalid.

(57-0-1 page )CONTRACT
Negotiated rescission of the sale is permitted, for both the seller and the
buyer, with the same initial price. So, if one stipulates the condition of more
than that [initial price], or less than it, the condition is void and [the
commodity] is returned [to the seller] according to the initial price,331 and it
is a cancellation (faskh) [of the sale] with respect to the two parties to the
contract, [but it is] a new transaction with respect to someone other than
those two, according to the verdict of Abū Ḥanīfah, may Allah have mercy on
him.
The destruction of the payment (thaman) does not prevent the validity of
iqālah,332 but the destruction of the object of sale does prevent its validity,333
but if [only] a portion of the commodity perishes, iqālah is allowed in the
remainder of it.334

(58-0-1 page )TAWLIYAH – PROFITLESS SALE
Murābaḥah is the transferral of what one gained ownership of in the
initial contract with the initial price, plus the addition of profit.335
Tawliyah is the transferral of what one gained ownership of in the first
contract with the first price, but without the addition of profit.336
Murābaḥah and tawliyah are not valid unless the object under
consideration is something that is fungible (mithl).337
It is permitted to add the wages of the fuller, the dyer, the embroiderer,
[the cost of] the twining, or the cost of the transportation of food, to the basic
cost (ra’s al-māl).338
He says, “It cost me so much,” but does not say, “I bought it for so
much.”339
If the buyer becomes aware of a deception in the murābaḥah, he has a
choice, according to Abū Ḥanīfah, may Allah have mercy on him: if he
wants, he may take it for the total price, or if he wants, he may return it.340
If he becomes aware of a deception in a tawliyah [transaction], he may
drop [the amount involved in the deception] from the price.341 Abū Yūsuf,
may Allah have mercy on him, said that he does not reduce [the price] in
either of them,342 but Muḥammad, may Allah have mercy on him, said that
he does not reduce [the price] in either [case], but [rather] he has a choice in
both [cases].343
Whoever buys something that may be moved and transferred,344 it is not
allowed for him to sell it [further] until he has taken possession of it.
According to Abū Ḥanīfah and Abū Yūsuf, may Allah have mercy on
them, the selling of real estate (‘iqār) is permitted prior to taking possession,
but Muḥammad, may Allah have mercy on him, said that it is not permitted.
Whoever buys a measured item by measuring, or a weighed item by
weighing, and measures it or weighs it then sells it by measuring or weighing
[it], it is not permitted for the one who buys it from him to sell it, nor to
consume it, until he has repeated the measuring and the weighing.345
Transacting with the price [the sum to be paid] prior to taking possession
of [the commodity] is permitted.346
It is permitted for the buyer to increase the price for the seller,347 and it is
permitted for the seller to give extra as the object of sale to the buyer. It is
[also] permitted for him to reduce the price [of the commodity, for the buyer].
The entitlement is connected to all of that.348,349
Whoever sells with immediate payment, then postpones it for a known
period, it becomes deferred (mu’ajjal).350
[With regards to] every debt (dayn) due, whenever its creditor postpones
it, it becomes deferred (mu’ajjal), except the loan because its postponement is
not valid.351

(59-0-1 page )Ribā is ḥarām in every measured or weighed [item] when bartered [in
exchange] for something of its own genus with quantitative disparity
(tafāḍul).352
The underlying cause (‘illah) in it [ribā] is measuring (kayl) against the
[same] genus, or weighing (wazn) against the [same] genus.353
When the measured [commodity] is bartered [in exchange] for [another
commodity of] its [respective] genus, or the weighed [commodity is bartered
in exchange] for [another commodity of] its [respective] genus, like for like,
then the sale is permitted,354 but if there is a disparity,355 it is not permitted.
The sale of good [quality in exchange] for a bad [quality] in [potentially]
usurious [commodities] is not permitted, but only like for like.356
When both properties [of the commodity] do not exist, [that is]:
1. The genus, and
2. The factor that is attributed to it [like measure or weight],
quantitative disparity (tafāḍul)357 and delay358 are [both] allowed,359 but
when both of them exist, then quantitative disparity and delay are prohibited.
If, however, one of the two [properties] exists and the other does not exist,
quantitative disparity is allowed but delay is [still] prohibited.360
Everything for which the Messenger of Allah stipulated the
unlawfulness of quantitative disparity with regards to measurement is always
measured, though the people abandon measuring it, for example, wheat,
barley, dates and salt, and everything for which the Messenger of Allah
stipulated the unlawfulness of quantitative disparity with regards to weight is
always weighed, though the people abandon weighing it, for example, gold
and silver, and whatever he did not stipulate, that depends on the customs of
the people.361
The contract of exchange (ṣarf) that takes place in the genus of prices
(athmān) [like gold and silver], is determined by the taking possession of
both parts to be exchanged in the same session (majlis).362 Whatever else
[there may be] other than that, in which there may be ribā [like that which is
measured or weighed] what is considered is the specification but their taking
possession from each other is not considered.363
The sale of wheat for [the exchange of] flour is not allowed, nor for
barley-mush, and likewise, [the sale of] flour for barley-mush [is not
permitted].
The sale of meat [in exchange] for an animal is permitted, according to
Abū Ḥanīfah and Abū Yūsuf, may Allah have mercy on them, but
Muḥammad, may Allah have mercy on him, said that it is not permitted,
unless there is more meat than there is on the animal, so the meat is
equivalent to its like [in the weight of the animal] and the extra [meat is] for
the leftovers [such as bones, skin, etc.].
The sale of fresh dates [in exchange] for dried dates, like for like, is
permitted, according to Abū Ḥanīfah, may Allah have mercy on him, as is
[the sale of] grapes for raisins.
The sale of olives [in exchange] for [olive] oil is not permitted, nor
sesame for sesame oil, unless the [olive] oil and the sesame oil are more than
what [oil there] is in the olive and the sesame so the oil will be equivalent to
[the oil] and the extra [will be in exchange] for the dregs.
The sale of two different meats,364 one of them [in exchange] for another,
in quantitative disparity, is permitted, and likewise, the milk of camels, cows,
goats and sheep, one for the other, in quantitative disparity [is permissible].
[The sale of] the vinegar of dates [in exchange] for the vinegar of grapes,
in quantitative disparity [is permissible]. The sale of bread for wheat and
flour with quantitative disparity is permissible.
There can be no ribā between a master and his slave,365 nor between a
Muslim and a belligerent (ḥarbī) in dār al-ḥarb (enemy territory).366

(60-0-1 page )Salam is permitted in [the case of]:
1. Dry-measured,367
2. Weighed,
3. Counted [commodities] that are not irregular such as walnuts and eggs,
and
4. [Commodities] measured by length.368
Salam is not permitted for:
1. Animals,
2. Or for their appendages [such as their feet, skins, bones, etc.],
3. Numbered hides,
4. Bundled firewood,
5. Bundled alfalfa, or
6. For packs of ripe dates.369
Salam is not permitted unless the commodity for which the advance is to
be paid (muslam fīhi) is present from the point of contract till the point of [the
expiry of] the duration.370
Salam is not permitted unless it is delayed,371 and it is not permitted
unless it is for a known period.372
Salam is not permitted:
1. With the measuring instrument of a specific person,
2. By the cubit373 of a specific person,
3. For the food of a specific village, or
4. For the fruit of a specific date-palm tree.374
Salam is not valid, according to Abū Ḥanīfah, may Allah have mercy on
him, except when seven conditions are stated in the contract:
1. Known genus,375
2. Known category,376
3. Known description,377
4. Known amount,
5. Known duration,
6.
Knowledge of the amount of capital (ra’s al-māl), when that which the
contract applies to, like the measured, weighed or counted
[commodities], is according to that amount,
7. The designation of the location wherein he will [deliver] it, when
transport and supply are due from him.378
Abū Yūsuf and Muḥammad, may Allah have mercy on them, said that one
need not mention the capital [amount] when it is [already] specified, nor the
location [where the goods] are to be surrendered, and he submits it in the
place of the contract.
Salam is not valid unless [the seller] takes possession of the capital before
he separates from [the purchaser].
Transacting with the capital and the commodity for which the advance is
to be paid (muslam fīhi) is not permitted prior to taking possession of it, nor
is [any form of] partnership or tawliyah (profitless sale) permitted in the
commodity for which the advance is to be paid (muslam fīhi) prior to taking
possession of it.
Salam in clothes is valid when one mentions the length, the breadth and
the thickness, but it is not allowed in gems or in beads.
There is no objection to [the validity of] salam in unfired bricks and fired
bricks when a known brick-mould is specified.

(61-0-1 page )Ṣarf is that transaction when each of the two things to be exchanged are
from the genus of [commodities used as] prices.380
If someone sells silver [in exchange] for silver, or gold for gold, it is not
permitted unless it is like for like, even if they differ in quality and form.381
Taking possession of both considerations prior to the separation [of the
parties] is necessary.382
When one sells gold [in exchange] for silver, quantitative disparity is
permitted383 and taking possession from each other is obligatory. If they
separate during the transaction of ṣarf before taking possession of both things
to be exchanged, or of either one of the two, the contract is void.384
Transacting with the price of the ṣarf prior to taking possession of it is not
allowed.385
Trading gold for silver [based] on conjecture [as to the weights] is
permitted.386
Whoever sells an ornamented sword for one hundred dirhams, when its
ornaments387 [alone] are [worth] fifty dirhams, and [the buyer] pays fifty
dirhams of its price, the sale is permitted. The [payment that is] taken shall be
for the share of the silver, even though he does not explain that, and likewise,
if one says, “Take these fifty [dirhams] from the price of the two of them [the
sword and the ornaments].” If both of them do not take possession before
they separate, the contract [regarding] the ornaments388 is void.
If [the ornaments] can be removed without damage, the sale of the sword
is valid but it is invalid in respect of the ornaments.389
Whoever sells a pot [made] of silver, then the two [parties] separate and
[the seller] has taken a portion of its price, the contract is invalid in whatever
he has not taken possession of but valid in whatever he has taken possession
of, and the pot is shared between them [according to their respective shares of
ownership].
If a portion of the pot was the entitlement [of someone else], [then] the
buyer has the choice:
1. If he wants, he may take the rest for its share of the price, or
2. If he wants, he may return it [all].
Whoever sells a piece of silver when a portion of it was the entitlement of
someone [else], he takes the remainder of its share [of the price from the
seller] and he has no choice in it.
Whoever sells two dirhams and one dinar [in exchange] for two dinars and
one dirham, the sale is permitted; each of the two [types of] genus is regarded
as a substitute for the other type.
Whoever sells eleven dirhams for ten dirhams and one dinar, the
transaction is permitted; the ten [dirhams] are equivalent [to the first ten] and
the dinar is [regarded as being in exchange] for the [eleventh] dirham.
The sale of two sound dirhams and one unsound dirham for one sound
dirham and two unsound dirhams is permitted.
If silver is predominant in the dirhams, they are [reckoned] according to
the ruling of silver, and if gold is predominant in the dinars, then they are
[reckoned] according to the ruling of gold.
Whatever is taken account of in [the case of] perfect [coins] with regards
to the unlawfulness of quantitative disparity is [also] taken into account in
these two (i.e. coins which are either predominantly gold or silver).390
If adulteration is predominant in both of them, then neither is under the
ruling of dirhams or dinars; they are both under the ruling of goods.
Thus, if they are sold [in exchange] for their genus with quantitative
disparity, the transaction is permitted. If one buys goods with them, and
thereafter they become unmarketable (i.e. out of use) and people have
abandoned trading with them before [the other party] taking possession [of
them], the sale is void according to Abū Ḥanīfah, may Allah have mercy on
him, but Abū Yūsuf, may Allah have mercy on him, said that its value on the
day of the sale is due from [the buyer].391
Muḥammad, may Allah have mercy on him, said that its value at the last
time people transacted with them is due from him.
Sale is permitted with copper coins (fulūs)392 which are in ready demand
even if one does not specify it, but if they are not in ready demand, the sale is
not permitted with them until one specifies them.
When one sells [something] for copper coins (fulūs), and thereafter they
become not in demand prior to taking possession, the sale is void according
to Abū Ḥanīfah, may Allah have mercy on him.393
Whoever buys something with half a dirham’s worth of copper coins, the
transaction is permitted and that which has been sold for half a dirham of
copper coins is due from him.394
Whoever gives one dirham to the money-changer (ṣayrafī) and says,
“Give me copper coins for a half of it, and for [the other] half of it, a half
[dirham] minus a little amount,”395 the transaction is invalid in all of it,
according to Abū Ḥanīfah, may Allah have mercy on him, but Abū Yūsuf and
Muḥammad, may Allah have mercy on them, said that the transaction is valid
in the copper coins and invalid in the rest.396 If he says, “Give me half a
dirham in copper coins and a half [dirham] less a little amount,” the
transaction is permitted.
If he says, “Give me a small dirham whose weight is half a dirham less a
small amount, and the remainder as copper coins,” the transaction is
permitted; the half [dirham] less a small amount is in payment for the small
dirham and the rest in payment for the copper coins.

(62-0-1 page )The [contract of] pawning (rahn)397 is concluded by offer and
acceptance,398 and it is complete by taking possession.399
When the pledgee (murtahin) takes possession of the collateral, which is
distinct, absolute and unattached,400 the contract in that is complete.
So long as [the pledgee] does not take possession, the pledgor (rāhin) has
a choice:
1. If he wants, he may surrender it to [the pledgee], or
2. If he wants, he may walk away from the [contract of] pawning.
When [the pledgor] surrenders [the collateral (marhūn)] to [the pledgee]
and he takes possession of it, it enters into the responsibility (ḍamān) of [the
pledgee].401
Pawning is not valid except [in exchange] for a guaranteed debt,402 and it
is guaranteed for less than its value403 and [less] than the [amount of] the
debt.
If the collateral perishes [whilst] in the possession of the pledgee, and its
value and the debt were equal, the pledgee becomes, ipso facto, someone who
has fulfilled his debt [that was due for it].404 If the value of the collateral was
more than the debt, then the excess is a trust.405 If, however, the value of the
collateral was less than that [of the debt], then its equivalent [value] lapses
from the debt and the pledgee recovers [only] the excess [from the pledgor].
Pawning common property (mushā‘) is not permitted, nor is pawning fruit
on the date-palms without [the inclusion of] the date-palms nor crops in the
field without [the inclusion of] the field, and pawning date-palms and land is
not permitted without them [the fruit or crops].
It is not valid to pawn things held in trust (amānah), such as deposits
(wadī‘ah), borrowed items (‘āriyah), property that is involved in a profit-andloss
sharing deal (muḍārabah) and property belonging to a partnership (māl
al-sharikah).
Pledge is valid with the capital of salam property, [with] the payment of
ṣarf and [with] the commodity for which the advance is to be paid (muslam
fīhi). If it perishes in the session of the contract [after the pledgee has taken
possession of it], the [transaction] of ṣarf and salam will be [deemed to have
been] completed, and the pledgee becomes someone who has, legally,
collected his right.
When they mutually agree to place the pledge in the possession of a just
person, it is permitted, and neither the pledgee, nor the pledgor can take it
from him. If it perishes in his possession, it is [deemed to have] perished at
the liability of the pledgee.
It is permitted to pledge dirhams, dinars and measured and weighed
[items].
If one pledges [something for something] of its genus406 and it perishes,
its equivalent is [deemed] to have perished from [the total value] of the debt,
even though they may differ in quality and workmanship.
Whoever is owed a debt by another person and takes from him the
equivalent of his debt and spends it, then comes to know that it was
counterfeit, according to Abū Ḥanīfah, may Allah have mercy on him, there
is nothing for him.408 Abū Yūsuf and Muḥammad, may Allah have mercy on
them, however, said that [the creditor] is to return the same as the counterfeit
[currency] and resort [to the debtor for] the genuine [currency].
Whoever pawns two slaves for one thousand, then discharges the share of
one of the two, it is not [permitted] for him to take possession of [that slave]
until he has settled the remainder of the debt.409
When the pledgor authorises the pledgee, a just person, or someone other
than those two [as an agent] to sell the collateral when [payment of the] debt
falls due, such agency (wakālah) is permitted.
If the agency is stipulated as a condition in the contract of pawning, the
pledgor has no right to remove him410 from it. If he removes him, he is not
[legally] removed,411 and if the pledgor dies, he will not be removed [then]
either.
The pledgee may demand his debt from the pledgor, and he may [even]
have him detained for it.412
If the pawned item is in the possession of [the pledgee], he does not have
to allow [the pledgor] to sell it until [the pledgee] has taken the debt from its
price, and when [the pledgor] has settled the debt, it is said to [the pledgee],
“Surrender the collateral to him.”413
If the pledgor sells the collateral without the permission of the pledgee,
the sale is suspended:
1. If the pledgee allows it [to go ahead], it is permitted, or
2. If the pledgor pays off his debt, it is [also] permitted.
If the pledgor sets free the slave given as collateral without the permission
of the pledgee, his being set free is expedited.414 If the pledgor is comfortably
well off and the debt is due, he is asked to settle the debt. If it is due at a later
date (mu’ajjal), the value of a slave is taken from [the pledgor] and it is
pledged in place of [the freed slave] until the debt is settled. But if the
pledgor is poor, the slave is set to work to settle his [own] value and, thereby,
pay off the debt. Then the slave recovers it from the master.415
Likewise, if the pledgor uses up [or destroys] the collateral [the preceding
case applies]. If a stranger uses up [or destroys the collateral], the pledgee is
the claimant in being compensated;416 he takes the value and the value
becomes the collateral in his possession.
The offence of the pledgor against the collateral shall be [duly]
compensated.417
The offence of the pledgee against [the collateral] reduces the debt in
proportion to [the offence].418
The offence of the collateral against the pledgor, or against the pledgee,
and against their property is disregarded.419
The charges for the house in which the collateral is kept are due from the
pledgee, but the wages of the guard are due from the pledgor and the
expenditure for the security of the collateral is [also] due from the pledgor,
and its increase420 belongs to the pledgor, and so the growth is [also]
collateral along with the original.421
If the increase perishes, it perishes without anything.422 If the original
perishes but the increase remains, the pledgor redeems it according to its
share, and the debt will be divided over:
1. The value of the debt on the day it was taken possession of, and
2. The value of the increase on the day of its redemption.423
So, whatever misfortune happens to the original, it drops from the debt in
proportion to it, and whatever misfortune happens to the increase, the pledgor
redeems it.
It is permitted to increase the pledge, but it is not permitted to increase the
debt, according to Abū Ḥanīfah and Muḥammad, may Allah have mercy on
them. The pledge does not become a pledge with the two of them,424 but Abū
Yūsuf, may Allah have mercy on him, said that it is permitted [to increase
both the pledge as well as the debt].
When someone pledges one item (‘ayn) with two men for a debt with each
one of the two, it is permitted, and the whole of it is a pledge with each of the
two. What is guaranteed to each of the two is the portion of his debt from it.
If [the pledgor] fulfils the debt of either of the two, the whole of [the item]
becomes a pledge in the possession of the other until [the pledgor] settles his
debt [with that other pledgee].
Whoever sells a slave on the condition that the buyer will furnish a pledge
with him of something specific in lieu of the price, and the buyer refuses to
surrender the collateral [to him], [the buyer] is not compelled to do that, and
the seller has a choice:
1. If he wants, he may accept the abandonment of the pledge, or
2.
If he wants, he may rescind the sale, unless the buyer pays the price
immediately or pays the value of the collateral, which becomes
collateral.
The pledgee may protect the collateral by himself, his wife, his children425
and his servant who [resides] in his household. If he protects it with anyone
other than someone who is in his household, or he deposits it [with someone
else], he is liable for it [himself].
When the pledgee violates the [rights due to the] collateral, he is liable for
it [with the same liability as] the compensation due for expropriation (ghaṣb),
[according to] its complete value.
When the pledgee lends the collateral [back] to the pledgor and he takes
possession of it, it leaves the responsibility of the pledgee.426 Then, if it
perishes [whilst] in the possession of the pledgor, it perishes without
anything.427 The pledgee may retrieve it into his [own] possession, and when
he takes it, the responsibility returns to him.
When the pledgor dies, his executor (waṣī) sells the collateral and settles
the debt. But if he has no executor, the judge appoints an executor for him
and orders him to sell it.

(63-0-1 page )COMPETENCE
There are three factors that require limitation on someone’s legal
competence (ḥajr):
1. Minority,
2. Slavery, and
3. Insanity.
Minors may not dispose (taṣarruf) [of their property] except with the
leave of their guardian (walī), and slaves may not dispose [of their property]
except with the leave of their master. The insane, whose intellects are
overwhelmed [with insanity], may not dispose [of their property] under any
circumstances.
Of these [three categories of people], whoever sells something or buys it,
and understands the transaction and intends it, the guardian has the choice:
1. If he wants, he may permit it, if there is any benefit in it, or
2. If he wants, he may rescind it.
These three factors compel limitation on someone’s legal competence in
verbal [transactions] rather than practical actions.
With regards to the minor and the insane, their contracts are not valid nor
are their acknowledgements, and their declarations of divorce do not transpire
nor their freeing [of slaves]. If, however, they wreck something, its
compensation is binding upon them.
With regards to the slave, his statements are enforceable with respect to
himself, [but] not enforceable with respect to his master. If he approves [the
transaction of] property, it is not binding upon him immediately, but it will be
binding upon him after [his] being freed. If he confesses to [having
committed an act necessitating] a ḥadd [punishment] or retaliatory
punishments (qiṣāṣ) (retaliation), it is binding upon him immediately. His
declaring divorce takes effect, but if his master declares that the slave’s wife
is divorced it does not take effect.

(64-0-1 page )When a free, adult, sane person acknowledges a right [against himself], its
acknowledgement is binding on him, whether what he has acknowledged is
unknown or known. It is said to him, “Make the unknown [right] clear.” If he
does not make it clear, the judge (ḥākim) compels him to make [it] clear. If he
says, “So-and-so is due something from me,” it is binding upon him to make
clear that which has a value.444
The [legally acceptable] statement is the statement of the one who
acknowledges (muqirr)445 along with his oath, if the one in whose favour the
acknowledgement is made (muqarr lahū) claims more than that [amount].
When he says, “He is due some property from me,” then resort is made to
him for its explanation, and his statement is accepted in both little [amounts]
or much. If he says, “He is due a tremendous amount of property from me,”
he is not believed with respect to anything less than two hundred dirhams.446
If he says, “He is due many dirhams from me,” he is not believed with
respect to anything less than ten dirhams.447 If he says, “He is due some
dirhams from me,” they should be [understood to be] three, unless he clarifies
that there are more than that [amount]. If he says, “He is due such-and-such
[an amount of] dirhams from me,” he is not believed with respect to anything
less than eleven dirhams. If he says, “He is due such-and-such [an amount of]
dirhams,” he is not believed with respect to anything less than twenty-one
dirhams.
If he says, “He is due from me…,” or “…is owed by me…,” then he has
acknowledged a debt. If he says, “I have for him…,” or “…with me…,” then
that is acknowledgement of a trust [left] in his possession.
If a man says to him, “I am due a thousand [dirhams] from you,” and [in
reply] he says: “Weigh them,” “Inspect them,” “Give me some time for
them,” or “I have paid them to you,” then that is an acknowledgement.
Whoever acknowledges a deferred (mu’ajjal) debt, and the one in whose
favour the acknowledgement is made (muqarr lahū) verifies the debt but
denies the deferment, the debt [settlement] is immediately binding on him,
and the one in whose favour the acknowledgement is made (muqarr lahū) is
administered an oath regarding the term.

(65-0-1 page )Ijārah is a contract [based] on benefits [in return] for a consideration; it is
not valid unless the benefits are known and the remuneration is [also] known.
Whatever is valid as payment (thaman) in sale (bay‘) is [also] valid as
remuneration in ijārah.
The benefits sometimes become known:
1.
By duration, like letting houses for tenancy, or [leasing] lands for
cultivation. Thus, the contract is valid for a known duration, whatever
the duration;
2.
They sometimes become known by the work and the appellation, like
someone who hires a man to dye fabric, or to sew fabric, or who hires
a beast of burden to carry a known amount on it to a known location,
or to ride on it [for] a known distance; and
3.
They sometimes become known by specification and indication, like
someone who hires a man to deliver this [particular] food to a known
location.
It is permitted to rent houses and shops for tenancy, even though someone
does not express what he will do in them. He may do anything [in them]
except smithery,472 bleaching and milling.473,474
It is permitted to rent lands for cultivation, and the tenant (musta’jir)
enjoys [the right of] irrigation and passage, even if he did not stipulate [it].
The contract is not valid until he specifies what he will cultivate in it,475 or he
says that it is on [the condition] that he cultivate in it whatever he wants.476
It is permitted to lease a vacant field [in order] to build on it, or to plant
date-palms or trees in it. When the period of the lease expires, it is binding
upon [the tenant] to remove the buildings and the plants and to hand it over
vacant [to the landlord], unless the landlord chooses to pay him the value of
that, stripped,477 and takes possession of it, or is content with leaving it in its
[current] state, so the buildings will be for this [lessee/ tenant], and the land
for this [lessor/landlord].478
It is permitted to hire animals for riding and for carriage. If one uses
‘riding’ unqualifiedly, it is permitted for him to mount whomsoever he
wishes on it,479 and likewise, if he hires a garment to wear and he uses it
unqualifiedly.
If [the lessor] says to [the lessee], “…on the condition that so-and-so will
ride it,” or “…so-and-so will wear the garment,” but he mounts someone
other than him, or he makes someone other than him wear [the garment], [the
lessee] is liable if the animal dies, or if the garment is ruined, and likewise,
all that which changes by the disparity of the user.480
With regards to real estate (‘aqār), and that which does not change due to
the disparity of the user, if [the tenant] stipulates the residence of one specific
person he may house another person [there], and [likewise], if he mentions
one type and one amount that he will load on the animal, for example that he
says, “…five qafīzs of wheat,” then he may load that which is like wheat in
inconvenience,481 or less, like barley and sesame, but he is not [permitted] to
load that which is more difficult than wheat, such as salt, iron and lead.
If [the lessee] hires [the animal] to load cotton upon it, which he
designates, then he has no right to load iron [upon it] of the same weight.482
If he hires it to ride [on], and he mounts another person on it behind him, and
thus it dies, [the lessee] is liable for half its value, if the animal was able to
bear them both, and the weight will not be taken into account. If he hires it to
load a [specific] quantity of wheat upon it, and he loads more than that upon
it, and thus it dies, he is liable for whatever was in excess of the [specified]
weight. If he restrains the animal by its reins or hits it and it dies, he is liable
[for compensation], according to Abū Ḥanīfah, may Allah have mercy on
him, but Abū Yūsuf and Muḥammad, may Allah have mercy on them, said
that he is not liable [for anything].

(66-0-1 page )Preemption (shuf‘ah) is a right518 of:
1. The associate (khalīṭ)519 in the object of sale, then of,
2.
The associate in the right of the object of sale, such as [the right of]
irrigation and passage,520 [and] then of,
3. The neighbour.521
In the [presence of the] associate, there is no [right of] preemption for the
partner (sharīk) in passage and irrigation, nor for the neighbour.522
If the associate gives up [his right], then the preemption belongs to the
partner in passage, and if he [also] gives up [this right], then the neighbour
may take it.
Preemption is concluded with a contract of sale, and it is settled by
making witnesses.
[The preemptor (shafī‘)] becomes the owner by acquiring it when the
buyer surrenders it to him, or [when] a judge (ḥākim) gives that as a
judgement. When the preemptor comes to know of the sale, he should call
witnesses within that [very] session of it, regarding the demand [of his
right].523 Then he should depart from there and call witnesses against the
seller, if the sold commodity is in his possession, or against the purchaser, or
at the real estate.524 Once he has done that, his preemption is concluded, and
it does not lapse by [any delay],525 according to Abū Ḥanīfah, may Allah
have mercy on him. Muḥammad, may Allah have mercy on him, however,
said that after making witnesses, if he leaves it without any excuse for a
month, his [right of] preemption is void.
There is a right of preemption in real estate even if it is indivisible, like a
hot [public] bath, a quern, a well and small houses.
There is no [right of] preemption in a building nor in date-palms526 when
sold without the courtyard, and there is no [right of] preemption in goods and
boats.
The Muslim and the dhimmī are equal in [the rights of] preemption.
When one gains ownership of real estate for a consideration which is
wealth, there is a right of preemption in it.527
There is no [right of] preemption in the house:
1. On the basis of which a man performs marriage,528
2. By which a woman gains divorce at her own instance (khul‘),529
3. For which one rents [another] house,530
4. [By which] one conciliates in intentional killing (qatl ‘amd),531
5. By which one sets free a slave,532
6. Regarding which one conciliates by a negation or silence.533
If he conciliates with an acknowledgement or confession,534 [then]
preemption is incumbent in it.

(67-0-1 page )Partnership (sharikah) is of two kinds:
1. Partnership in owned things, and
2. Contractual partnership.

(68-0-1 page )Muḍārabah594 is a contract for partnership in profit, with capital from one
of the two partners and work from the other.
Muḍārabah is only valid with the property which we have mentioned
[earlier] that partnership is valid with.595
One of its preconditions is that the profit be [divided] between them on a
common basis, and neither of the two is entitled to specified dirhams.596
The capital has to be handed over to the working partner (muḍārib) and
the owner of the capital (rabb al-māl) has no control over it.
When the profit-sharing trade is established unconditionally, it is
permitted for the working partner to buy, sell, travel, give as merchandise and
appoint an agent. He may not give the capital as profit-sharing trade unless
the owner of the capital authorises him [to do] that, or says to him, “Act
according to your opinion.”
If the owner of the capital specifies that he should transact in a specific
city, or in specific goods, [then] it is not permitted for him to transgress that,
and likewise, if he fixes a specific duration for the profit-sharing trade, it is
permitted, and the contract is void when it lapses.
It is not [permitted] for the working partner to buy the owner of the
capital’s father, his son or someone who will become free from him.597 If he
buys them, he is a buyer on his own behalf, not for the [contract of]
muḍārabah.598
[Even] if there is any profit in the capital, he should not buy someone who
will become freed from him. If he does buy them, he is liable for the capital
of the profit-sharing trade.599 If, however, there is no profit in the capital, it is
permitted for him to buy them. If their value increases, his share in them is
free and he is not liable for anything to the owner of the capital,600 and the
freed [slave] works for the owner of the capital in return for his share with
him.601
When the working partner gives the capital [away] as profit-sharing trade
to someone else, and the owner of the capital had not permitted him to do
that, he is not liable for giving it [away] nor for the transactions of the second
working partner, until there is a profit.602 When there is a profit, the first
working partner is liable for the capital to the owner of the capital.
When [the owner of the capital] gives it to [the working partner] for a half
[of the profit], and he permits him to give it [away] as muḍārabah, and he
does give it away for a third [of the profit], it is permitted.603
If the owner of the capital said to him, “Whatever Allah, exalted is He,
bestows upon us, that is [divided] between us in two-halves,” then the owner
of the capital has half of the profit, the second working partner has a third of
the profit and the first working partner has a sixth [of the profit].604
If he said, “Whatever Allah bestows upon you, that is [divided] between
us in two-halves,” then the second working partner (muḍārib) has a third605
and whatever remains is [divided] between the owner of the capital and the
first working partner (muḍārib) as two halves.
If he said, “Whatever Allah bestows, I have a half of it,” and he [the first
working partner] gives the capital to someone else as muḍārabah for a half
[of the profit], then the second has a half [of] the profit and the owner of the
capital has [also] a half, and there is nothing for the first working partner.
If he606 stipulates two-thirds of the profit for the second working partner
(muḍārib), then the owner of the capital has a half of the profit and the
second working partner [also] has a half of the profit. The first working
partner is liable to the second working partner for the amount of a sixth of the
profit from his [own] property.
If the owner of the capital or the working partner die, the muḍārabah is
void.607
If the owner of the capital reneges [on Islam] and migrates to enemy
territory, the muḍārabah is void.
If the owner of the capital deposes the working partner (muḍārib) and [the
latter] has no knowledge [of that] so-much-so [that] he [continues to] buy and
sell, then his transacting [with the capital] is valid.608 If, however, he knew of
his [own] deposition and the capital was [in the shape of] goods in his
possession, then he may sell them and the deposition does not hinder him
from [doing] that, but then it is not permitted for him to buy anything else
with its payment.
If [the owner of the capital] removes him, and the capital is dirhams or
dinars in cash, then he may not transact with it.
If both of them separate609 and there are debts due from the capital and the
working partner has profited from it, the judge (ḥākim) should compel him to
settle the debts. If there is no profit on the capital, the settlement [of the
debts] is not binding upon him, and it is said to him, “Make the owner of the
capital the agent for the settlement [of the debts].”
Whatever of the profit-sharing trade’s capital perishes, it is [deemed to be]
from the profit not from the capital, and if the perished [capital] exceeds the
[amount of] profit, then there is no liability on the working partner regarding
that.610
If both of them had divided the profit, and the muḍārabah was in its
[original] state, then the whole of the capital or [even] a part of it perished,
they return the profit until the owner of the capital receives the capital. Then,
if there is any surplus, it is [divided] between the two, but, if it is less than the
capital, the working partner is not liable [for anything].
If they had divided the profit and [then] revoked the profit-sharing trade,
then formed it again and the capital, or a part of it, perishes, they do not
return the first profit [that of the first contract of profit-sharing trade].611
It is permitted for the working partner to sell for cash or for credit.
He612 cannot marry off a slave or a slave-woman from the profit-sharing
trade’s property.

(69-0-1 page )Every contract, the forming of which is permitted for a human himself, it
is [also] permitted for him to appoint someone else as an agent in it.613
It is permitted to appoint (tawkīl) an agent to dispute in all rights and to
secure them. It is permitted for securing the fulfilment [of all rights] except in
[cases of] punishments for contraventions of the limits (ḥudūd) and
retaliatory punishments (qiṣāṣ), for agency is not fit for securing their
fulfilment with the absence of the principal (muwakkil) from the session
(majlis).614
Abū Ḥanīfah, may Allah have mercy on him, said that appointing an agent
is not permitted for a dispute but with the consent of the litigant, unless the
principal is ill or absent for a travelling distance of three days or more, but
Abū Yūsuf and Muḥammad, may Allah have mercy on them, said that the
appointment of an agent is permitted without the consent of the litigant.
Of the conditions of [the contract of] agency are that:
1. The principal be one of those who owns disposal [of his right]615 and
who is bound by the rulings,616 and
2. The agent be [one] of those who understands sale and intends it. 617,618
It is permitted for a free and major [person] or an authorised [slave] to
appoint an agent, the like of themselves.
If they [a free and major [person] or an authorised [slave]] appoint a
legally incompetent minor, who [nevertheless] understands buying and
selling, or a legally incompetent slave, then [that] is permitted,619 and the
rights are not relevant to them, but they are relevant to their principals.620
Contracts that are entered into by agents are of two types:
1.
Every contract which the agent attributes to himself, like selling,
buying and leasing. The rights in that contract attach to the agent and
not to the principal. [The agent] hands over the goods and takes
possession of the payment. The payment is demanded from him
whenever he buys and he takes possession of the goods. He is
challenged in the case of a blemish [in the goods];
2.
Every contract which the agent attributes to his principal, like the
marriage contract (nikāḥ), divorce at the request of the wife (khul‘)
and conciliation for intentional manslaughter, for its rights attach to
the principal and not the agent. The agent of the husband does not
demand the dowry (mahr) and the agent of the wife is not bound to
submit her [to the husband].
When the principal demands payment from the buyer, he may refuse him,
but if he pays it to him, it is permitted, and the agent [of the seller] may not
demand it from him a second time.
Whoever appoints a man to purchase something, it is essential that he
specifies its kind, its description and the amount of its price, unless he
appoints him according to a general [contract of] agency, and so says,
“Purchase whatever you wish for me.”
When the agent buys and takes possession of the goods, then becomes
aware of a blemish, he may return them because of that blemish as long as
the goods are [still] in his possession. However, if he has handed them over
to the principal, he may not return them [to the seller] except with the
permission [of the principal].
It is permitted to appoint an agent for ṣarf (currency transactions) and
salam (advance payment) contracts. If the agent separates from his dealing
partner prior to taking possession, the contract is void, but the separation of
the principal is not taken into account.
If the agent for purchase gives the payment from his own property and
takes possession of the goods, he may recover it from the principal. If the
goods perish in his possession before he has secured them, then they perish as
the property of the principal and the payment does not lapse.621 [The agent]
may detain [the commodity] until he receives the payment.
If he secures it and it perishes in his possession, he is liable [as he would
have] liability for a pledge,622 according to Abū Yūsuf, may Allah have
mercy on him, and [as he would have] liability for sold golds,623 according to
Muḥammad, may Allah have mercy on him.
When a man appoints two men as agents, then neither of the two may
transact in that [matter for] which they have been appointed without the
[presence of the] other, unless he appoints them:
1. [To represent him in] a dispute,
2. To divorce his wife without consideration,
3. To set his slave free without consideration,
4. To return a deposit that is with him, or
5. To discharge a debt that he owes.
The agent may not appoint an [other] agent [for] that which he [himself]
has been appointed an agent for, unless the principal authorises him or says to
him, “Do as you wish.”
If he appoints an agent without the authorisation of his principal, and the
[second] agent makes a contract in his presence, it is valid, and if he makes a
contract in his absence and the first agent permits him [to do that], it is valid.
The principal may depose the agent from the agency.624 If [the notice of]
the deposal does not reach [the agent], then he is [still] an agent, and his
transactions are valid until he comes to know [of his deposition].

(7-0-1 page )The purification of physical impurity from the body of the worshipper, his
clothes and the place upon which he prays is obligatory.
It is permitted to purify physical impurity with water and with every liquid
[with which] its removal is [practically] possible, such as vinegar and
rosewater. When physical impurity that has body, comes into contact with a
khuff [or a shoe] and dries [upon it], and then one rubs it on the ground,
prayer is permitted in it.
Semen is an impurity whose wetness is to be washed, but if it dries on the
garment then scraping it is sufficient for it. When physical impurity comes
into contact with a mirror or a sword, it is sufficient to wipe them both. If
physical impurity falls on the ground, dries in the sun and its traces go away,
then prayer is permitted on its location, but tayammum is not allowed from
[that place].

(70-0-1 page )Surety (kafālah) is of two types:
1. Surety of person (nafs), and
2. Surety of property (māl).637

(71-0-1 page )Transfer (ḥawālah) of debts is permitted. It is valid with the consent of:
1. The primary debtor who is transferring the debt (muḥīl),
2. The creditor (muḥṭāl), and
3. The person to whom responsibility for the debt is transferred (muḥṭāl
‘alayhi).651
When the transfer of debt is complete, the primary debtor who is
transferring the debt becomes free of the debts,652 and the creditor may not
recover it from the primary debtor who is transferring the debt, unless his
right is infringed.
According to Abū Ḥanīfah, may Allah have mercy on him, infringement
[of a right] is by either of two ways:
1.
Either [the person to whom responsibility for the debt is transferred]
denies [the existence of] the [contract of] transfer of debt and takes an
oath [upon it], and the creditor has no evidence against [the person to
whom responsibility for the debt is transferred], or
2. [The person to whom responsibility for the debt is transferred] dies
insolvent.
Abū Yūsuf and Muḥammad, may Allah have mercy on them, said that
these are two views, and there is a third view and that is that the judge
(ḥākim) declares [the person to whom responsibility for the debt is
transferred] insolvent during his lifetime.
When the person to whom responsibility for the debt is transferred
demands from the primary debtor who is transferring the debt the same
amount as the property of the transferal of debt, and the primary debtor who
is transferring the debt says, “I have transferred the debt I owe you,” his
statement is not accepted and he owes the equal [amount] of the debt.
If the primary debtor who is transferring the debt demands from the
creditor that for which [the person to whom responsibility for the debt is
transferred] accepts the transfer and says, “I made the transfer so that you
may take [the debt] for me,” and the creditor says, “No, but you made me the
transfer of the debt [in exchange] for a debt which I owe you,” the [decisive]
statement is the saying of the primary debtor who is transferring the debt
along with his oath.
Bills of exchange (safātij) are disapproved; and that is a loan by which the
person who lends benefits by safety from the perils of the way.653

(72-0-1 page )Negotiated settlement (ṣulḥ)654 is of three types:
1. Negotiated settlement with acknowledgement,
2.
Negotiated settlement with silence – that is when the one against whom
the claim is made (mudda‘ā ‘alayhi) does not confirm but neither does
he deny, and
3. Negotiated settlement with denial.
All of that is valid.
If negotiated settlement occurs from an acknowledgement, then that which
is taken into account in commercial goods655 is taken account of in it, if it
takes place in the exchange of property for property. If, however, it occurs in
the exchange of property for benefits, then it is taken into account as [that] in
leases.656
Negotiated settlement arising from silence and denial on the part of the
defendant is for the expiation of an oath and to discontinue a dispute, and
with respect to the plaintiff it is in the sense of compensation.
When one makes a settlement concerning a house there is no right of
preemption in that, but if he makes a settlement against a house [then] there is
a right of preemption in that.
When the settlement arises from an acknowledgement and entails some
benefits, the defendant recovers that share from the compensation.
When the settlement arises from silence or denial, then a disputant merits
it, the claimant returns to litigation [with the new claimant] and returns the
[full] consideration [to him].657
If someone is entitled to a part of that [disputed item], he returns his share
and returns to litigation over it.
If someone claims a right in a house and does not make that [right]
clear,658 then settlement is made [with him] for something, and later [it
appears that] he is entitled to a part of the house, [the defendant] does not
return any of the consideration.659
Settlement is permitted in claims concerning properties, benefits, and
deliberate and accidental offences, but it is not permitted in claims of ḥadd
[punishments].660
When a man claims marriage with a woman and she denies [it], and she
then makes a settlement with him by giving him some property so that he
drops the claim, it is permitted, and it is in the sense of khul‘ (divorce at the
instance of the woman).
When a woman claims marriage with a man and he makes a settlement
with her by giving her some property, it is not valid.
If a man claims against [another] man that [the latter] is his slave, and [the
latter] makes a settlement with him for property which [the latter] gives [to]
him, it is valid, and it is with respect to the claimant in the sense of setting [a
slave] free in exchange for property.661
Everything upon which a settlement takes place and it is owed due to a
contract of loan, it is not based upon compensation,662 but it is based upon
[the fact] that he took the fulfilment of a part of his right and relinquished the
remainder of it, like someone who is owed a thousand good quality dirhams
by another [person], and he makes a settlement with him for five hundred
dirhams adulterated with alloy,663 which is valid, and it is as though he has
absolved [the debtor] of a part of his right. If, however, he made a settlement
with him for a thousand [dirhams] to be paid at a later date, it is [also] valid,
and is as if he postponed the right itself.664
It is not permitted for him to make a settlement with [the debtor] for
dinars [deferred] up to a month.665
If there are a thousand [dirhams] due him at a later date and he makes a
settlement with him for five hundred [to be paid] immediately, it is not
permitted.
If a thousand black dirhams are owed him and he makes a settlement with
[the debtor] for five hundred white666 [dirhams], it is not permitted.667
Whoever appoints an agent [to make] a settlement on his behalf and he
makes a settlement with [that party], [then] whatever [the agent] makes the
settlement with is not binding on the agent, unless [the agent] [personally]
becomes responsible for it, but the property is binding upon the principal
[only].
If [the agent] makes a settlement [with another] on his behalf without his
order, then there are four perspectives:
1. If he made the settlement with property and he [personally] is liable to
him [for it], the settlement is complete,
2.
Similarly, if he says, “I have made a settlement with you for two
thousand [dirhams],” or “…for this slave of mine,” the settlement is
complete, and the surrender [of the two thousand dirhams or the slave,
as the case may be,] to him is binding upon him,
3. Similarly, if he says, “I have made a settlement with you for a thousand
[dirhams]” and [immediately] surrenders it to him, and
4.
Similarly, if he says, “I have made a settlement with you for a
thousand” and does not surrender that to him, [in which case] the
contract is suspended, if the defendant permits it, it is allowed and the
thousand is binding upon him,668 but if he does not permit it, it is void.
When there is a debt [owed] between two partners and one of the two
makes a settlement of his share upon some cloth, then his partner has an
option:
1. If he wants, he may pursue the one who owes the debt for his half [of
the share of debt], or
2. If he wants, he may take half of the cloth, unless his partner becomes
responsible to him for a quarter of the debt.
If one [partner] receives half of his share from the debt, it is permitted for
his partner to share with him in that which he has taken. Then later they may
resort to the debtor for the remainder [of the debt].
If one of the two [partners] buys goods with his share of the debt, it is
[permitted] for his partner to hold him liable for a quarter of the debt.669
When there [exists] a [contract of] salam between two partners and one of
them makes a settlement of his share upon the capital, it is not permitted
according to Abū Ḥanīfah and Muḥammad, may Allah have mercy on them.
But Abū Yūsuf, may Allah have mercy on him, said that the settlement is
permitted.
When there is inheritance [to be divided] between heirs and they exclude
one of themselves from it by [settlement of] some property which they give
him, and the inheritance is real property or goods, it is permitted, whether
they give him a little or a lot. If the inheritance is silver, and they give [him]
gold, or it is gold and they give silver, then it is likewise.670
If the inheritance is gold and silver plus other than that and they make a
settlement with him for gold and silver, then it is essential for whatever they
give him to be more than his share in that genus, so that his share is equal to
it and the excess is for his right from the remainder of the inheritance.671
When the inheritance is a debt owed by people, and they include him in
the settlement of that on the basis that they exclude from it the one who
makes the settlement, and that the debt is for [the heirs only], then the
settlement is void [with that condition]. If they stipulate that he release the
debtors from it and not resort to [the inheritors] for the share of the one who
made the settlement, then the settlement is permitted.672

(73-0-1 page )[The contract of] gift (hibah) becomes valid by offer and acceptance673
and it becomes complete with taking possession.
If the person given the gift (mawhūb lahū)674 takes possession within the
[same] session without the authority of the person who gives the gift
(wāhib),675 it is permitted, but if he takes possession [of the gift] after
separation,676 it is not valid, unless the person who gives the gift allows him
[to take] possession.
[The contract of] gift takes place by [the person who gives the gift]
saying:
1. “I give you a as a gift…,”
2. “I make a present of to you…,”
3. “I give you…,”
4. “I feed you this food,”
5. “I render this garment yours,”
6. “I have given you this thing for life,” and
7. “I have mounted you on this [riding] animal,” when, by the mounting,
he intends it as a gift.
A gift is not permitted in that which is divisible,677 unless it is divided and
[also] free from rights.678
A gift of common property in that which is not divisible is permitted.679
Whoever gives a small portion [of that] which is communal as a gift then
the gift is vitiated, but if he divides it and gives it away [then that] is
permitted.680
If someone gifts flour [which is still] in the [grains of] wheat, or oil in the
sesame, the gift is vitiated. So, if he grinds [the grains] and hands [it] over, it
is [still] not permitted.
If the material [gift] is in the possession of the one given the gift, then he
has ownership of it through gift, even if he does not renew taking possession
of it.
When a father gives gifts to his minor son, the son acquires ownership of
it with the contract [itself], [even though there is no possession involved], but
if a non-relative gives gifts to him, it is complete by the father taking
possession.
It is permitted if [a non-relative] gives gifts to an orphan and his guardian
takes possession of it for him.
If someone is [still] in the lap of his mother [as an infant], then her taking
possession of it for him is permitted, and likewise, if he is in the lap of a nonrelative
who is raising him, then his taking possession of it for [the infant] is
permitted.
If a minor takes possession of the gift himself, and he is intellectually
sound, it is permitted.
It is permitted if two persons gift one house to a single person.
If one person gifts to two persons, then according to Abū Ḥanīfah, may
Allah have mercy on him, it is not valid. They,681 may Allah have mercy on
them, however, said that it is valid.

(74-0-1 page )The ownership of the endower (wāqif) [of property] does not end by
endowment, according to Abū Ḥanīfah, may Allah have mercy on him,
unless the judge (ḥākim) rules thus, or [the endower] connects it to his [own]
death, and thus says, “When I die, then I [will] have endowed so-and-so with
my house.” Abū Yūsuf, may Allah have mercy on him, said that the
ownership ends by the mere mention [of endowment],690 and Muḥammad,
may Allah have mercy on him, said that ownership does not end until he
appoints a guardian for the endowment and hands it over to him.
If the endowment is valid, in accordance with the differences [of the
Imams], it leaves the ownership of the endower but it does not enter the
ownership of the person who has been endowed (mawqūf ‘alayhi).691,692
The endowment of common property is permitted, according to Abū
Yūsuf, may Allah have mercy on him, but Muḥammad, may Allah have
mercy on him, said that it is not permitted.
According to Abū Ḥanīfah and Muḥammad, may Allah have mercy on
them, endowment is not complete unless [the endower] renders its conclusion
in such a way that it never ceases.693
Abū Yūsuf, may Allah have mercy on him, said that when [the endower]
mentions in it a way which ceases, it is permitted, and after that it is for the
poor, even if he does not mention them.694
Endowment of real estate is valid, but the endowment of that which may
be moved (i.e. movable property) or altered is not permitted.
Abū Yūsuf, may Allah have mercy on him, said, “When one makes an
endowment of land [together] with its cattle695 or its workers, when they are
his slaves, it is permitted.”
Muḥammad, may Allah have mercy on him, said that the endowment of
horses [and camels] and weapons [in the way of Allah] is permitted.
When endowment is complete, its sale is not allowed, nor transfer of
ownership of it, unless it is common property, according to Abū Yūsuf, may
Allah have mercy on him, such that [when] a shareowner demands [its]
division, the mutual division [of it] is valid.696
[From the proceeds of the endowment] it is necessary to begin to elevate
the endowment by tending it [the endowed property], whether the endower
had stipulated that or not.
When one endows a house for the dwelling of his son, the repairs are due
from the one who has the right to dwell in it. If he refuses [to pay] that, or he
is poor, the judge (ḥākim) leases it and has it repaired from its rent. When it
has been repaired, [the judge (ḥākim)] returns it to the one who has the right
to dwell in it.
Whatever of the building or the integral part of the endowment collapses,
the judge (ḥākim) should, if he requires it, use it on the repair of the
endowment.697 If he does not need it, he should keep it until he requires [it]
in his repairs, [and] so, he can utilise it therein.698 It is not permitted to divide
it amongst those entitled to the endowment.
When the endower appoints the proceeds of the endowment for himself,
or he appoints the guardianship (tawliyah) to himself, it is permitted,
according to Abū Yūsuf, may Allah have mercy on him, but Muḥammad,
may Allah have mercy on him, said that it is not permitted.
When someone builds a mosque, its ownership remains with him until he
separates it from his ownership with its path,699 and permits people to pray in
it. So, when [even] a single person has prayed in it, his ownership ceases,
according to Abū Ḥanīfah, may Allah have mercy on him, but [Imam] Abū
Yūsuf, may Allah have mercy on him, said that his ownership ceases when he
says, “I make [this] a mosque.”
Whoever builds a watering place for Muslims, an inn for travellers to stay
in or a ribāṭ fortress, or makes his land a cemetery, his ownership of that does
not cease, according to Abū Ḥanīfah, may Allah have mercy on him, until the
judge (ḥākim) decides it. Abū Yūsuf, may Allah have mercy on him,
however, said that his ownership ceases by his statement.700
Muḥammad, may Allah have mercy on him, however, said, “When people
drink from the watering place, reside in the inn and the ribāṭ fortress, and
bury [their dead] in the cemetery, the ownership [of the endower] ceases.”