Chapter on Sales

I heard Abu Abdullah (as) say: A group of captives from Yemen were brought to the Messenger of Allah (swt) (peace be upon him and his family). When they reached Al-Juhfa, their provisions ran out, so they sold a young girl whose mother was with them. When they arrived before the Messenger of Allah (swt) (peace be upon him and his family), He (sw) heard the girl crying and asked: "What is this?" They replied: "O Messenger of Allah (swt), we needed provisions, so we sold her daughter." The Messenger of Allah (swt) (peace be upon him and his family) then sent someone to bring her back and said: "Sell them both together or keep them both together."

Hadith.3811 - Sama'ah asked Abu Abdullah (as) about two slave brothers, whether they can be separated, and about a woman and her child, whether they can be separated. Imam (as) replied: "No, it is forbidden, except if they themselves desire it."

"Whoever sells a slave, and the slave has wealth, the wealth belongs to the seller unless the buyer stipulates otherwise. The Messenger of Allah (swt) (peace be upon him and his family) commanded this."

"I asked Imam (as) about a man who buys a bondwoman, then has relations with her, and later discovers that she is pregnant." Imam (as) replied: "He must return her and also return something along with her."

Hadith.3824 - Hamzah ibn Humran narrates: I said to Abu Abdullah (as): I enter the market intending to buy a bondwoman, but she claims that she is free. The Imam (as) replied: "Buy her unless she has evidence (to prove her claim of freedom)."

Hadith.3825 - Al-Is ibn al-Qasim asked Abu Abdullah (as) about a slave who claimed that he was free but did not provide any evidence for his claim. The Imam (as) replied: "Yes, you may buy him."

"Commander of the Faithful (as) ruled concerning a female slave who was sold by the son of her master while her master was absent. The buyer took her as a concubine, and she bore him a son. Later, her original master returned and disputed with the buyer, claiming: 'She is my slave, and my son sold her without my permission.' The Imam (as) said: 'The ruling is that the master may reclaim both his female slave and her son.' The buyer pleaded with him, saying: 'Take your son who sold her to me, but I will not release your son until you release mine.' When the master of the female slave saw this, he accepted and approved the sale conducted by his son."

"Regarding a man who buys a male or female slave, and the slave has a brother, sister, father, or mother in one of the cities, he should not take the slave out of that city to another city if the slave is young, nor should he buy him. However, if the slave has a mother and both she and the slave are content with the sale, then he may buy the slave if he wishes."

"It is not permissible for him unless he purchases something else along with him and says, 'I purchase from you this item and your slave for such and such amount.' If he is unable to obtain the slave, then the payment he made will apply to what he has purchased from him."

I asked Abu Abdillah (as) about a child born out of wedlock, can he be sold, purchased, and employed as a servant? Imam (as) said: "Yes." I said: "Can he be married?" Imam (as) said: "Yes, but do not seek her offspring."

I said to Abu Abdillah (as), "A man gave another man one thousand dirhams in a partnership, and he unknowingly purchased his father with it." Imam (as) said: "He should be valued, and if his value exceeds by even one dirham, he shall be freed and shall work to repay the man's wealth."

I said to Abu Abdillah (as), "I bargained with a man over a bondwoman, and he sold her to me based on my judgment. I took possession of her on that basis, then I sent him one thousand dirhams and said to him, 'Here are one thousand dirhams based on my judgment over you.' But he refused to accept them from me, and I had already touched her before sending him the payment." Imam (as) said: "I see that the bondwoman should be appraised at a fair value. If her value is more than what you sent him, then you must pay him the difference. However, if her value is less than what you sent him, then the surplus belongs to him." I said: "May I be your ransom, what if I find a defect in her after having touched her?" Imam (as) said: "You do not have the right to return her, but you are entitled to claim the difference between her value when healthy and her value with the defect from him."

I said to Abu Abdillah (as), "What do you say about a man who gifts his slave one thousand dirhams, or more or less, and says to him, 'Release me from my beating you, or from everything I have done to you, or from the fear and intimidation I caused you?' So the slave releases him and declares him free from blame, desiring what he has been given. Then, later, the master finds the dirhams that he gave the slave in a place where the slave had kept them and takes them. Is it lawful for him?" Imam (as) said: "No." I said: "Is not the slave and his wealth the property of his master?" Imam (as) said: "This is not one of those cases." Then Imam (as) said: "Tell him to return the money to the slave, for it is not lawful for him. He gave it to the slave as a ransom for himself to avoid punishment and retribution on the Day of Judgment." I said: "Does the slave have to pay zakat on it if a year passes over it?" Imam (as) said: "No, unless he invests it in trade. And a slave is not given anything from zakat."