METHOD OF HADITH COMMENTARY BY IMAM AL-NAWAWI: A CLOSE ANALYSIS OF KITAB AL-BUYU‘ Prepared by: Ishak bin Haji Suliaman Ahmad Nabil bin Amir Abstract This work provides an extensive and detailed study of hadith commentary by ImÉm al-NawawÊ in KitÉb Al-BuyË‘. It explores the ways and principle of analyzing and interpreting hadith and investigates the styles of preference and derivation of legal rulings. The simplicity and masterful expression and the highly brilliant and powerful argument is thoroughly observed and critically discussed. The finding shows that the method used by ImÉm al-NawawÊ is based on a highly interpretive strategies aims throughout at clarity and Associate Professor Dr. Ishak bin Haji Suliaman, Deputy Director, Academy of Islamic Studies, University Malaya. Phd Candidate, Department of Al-Qur’an & Al-Hadith, Academy of Islamic Studies, University Malaya. 1
Transcript
METHOD OF HADITH COMMENTARY BY IMAM AL-NAWAWI: A CLOSE
ANALYSIS OF KITAB AL-BUYU‘
Prepared by:
Ishak bin Haji Suliaman
Ahmad Nabil bin Amir
Abstract
This work provides an extensive and detailed study of hadith commentary by ImÉm al-
NawawÊ in KitÉb Al-BuyË‘. It explores the ways and principle of analyzing and
interpreting hadith and investigates the styles of preference and derivation of legal
rulings. The simplicity and masterful expression and the highly brilliant and powerful
argument is thoroughly observed and critically discussed. The finding shows that the
method used by ImÉm al-NawawÊ is based on a highly interpretive strategies aims
throughout at clarity and simplicity in presentation and exposition. He combined
masterful juridical method and a comprehensive grasp of the profound and distinctive
aspect and dynamic of shari‘ah. It focused entirely on the holistic standard of traditional
teaching emphasizing on the added benefit of religious teaching.
Associate Professor Dr. Ishak bin Haji Suliaman, Deputy Director, Academy of Islamic Studies, University Malaya. Phd Candidate, Department of Al-Qur’an & Al-Hadith, Academy of Islamic Studies, University Malaya.
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1.1. Introduction
Kitab Sharh Sahih Muslim ia a massive work of commentary by Imam al-Nawawi
which provide a powerful and formidable commentary of hadith (Islamic tradition). It
provides a balanced view of ashab al-tarjih and persuasively and effectively analyses
the crucial and definitive principle of fiqh (Islamic jurisprudence). The commentary of
kitab al-Buyu‘ presents a powerful expose of the ideals of mu‘amalah and mudarabah.
It addresses the principle of Islamic economy and business practice with an affirmative
reference to the established nas and views of the madhhab. It is a major undertaking and
a highly accomplished work concerning the practical affairs of commercial dealings in
our society.
1.2. Imam al-Nawawi: A Brief Account of his Life and Works
1.2.1. Summation of Im a m al-Nawaw i ’s life
The aim of this study is to give an expository account, comprehensive and
detailed, of the traditionalist (hadith) ideas and teachings of Imam al-Nawawi. It
attempts to survey certain major patterns of hadith exegesis as revealed in the works of
Imam al-Nawawi’s Sharh Sahih Muslim.
It deals with the Islamic ideas and teachings of al-Nawawi, an Arabic
traditionalist of the 7th Century (Hijrah) who wrote on hadith doctrine and lived in Nawa
on the west coast of Damascus.1
1 A detailed biography of Imam al-Nawawi has been exclusively written by ‘Ala’ al-Din ‘Ali b. Ibrahim b. al-‘Attar (654-724/1324) in his monumental work, Tuhfat al-Talibin fi Tarjumat Shaykuna al-Imam al-Nawawi Muhy al-Din, Imam Jalal al-Din al-Suyuti (849-911/1445-1505) in Al-Minhaj al-Sawi fi Tarjumat al-Imam al-Nawawi, Imam Muhammad b. ‘Abd al-Rahman al-Sakhawi (831-902/1428-1497) in Al-Manhal al-‘Adhb al-Rawi fi Tarjumat Qutb al-Awliya’ al-Nawawi, and Kamal al-Din Abu al-Thana’ Muhammad b. al-Taqi Muhammad b. Hassan al-Lakhmi (w. 738 H) in Bughyat al-Rawi fi Tarjumah al-Imam al-Nawawi.
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1.2.2. List of Im a m al-Nawaw i ’s works
Imam al-Nawawi has produced a voluminous writings comprising the major realm of
hadith, fiqh, tafsir, grammar (nahw), tabaqat, history (akhbar or tarikh), legal opinion
(fatwa) and tasawwuf. Among the most acclaimed and celebrated works are:
1. Al-Tibyan fi Adab Hamalat al-Qur’an and its summarized (Mukhtar Al-Tibyan)
2. Al-Minhaj fi Sharh Sahih Muslim al-Hajjaj (Minhaj al-Muhaddithin wa Sabil
Talbiyat al-Muhaqqiqin)2
3. Riyad al-Salihin min Kalam Sayyid al-Mursalin (saw)
4. Al-Arba‘in fi Mabani al-Islam wa Qawa‘id al-Ahkam
5. Khulasat al-Ahkam min Muhimmat al-Sunan wa Qawa‘id al-Islam
6. Irshad Tullab al-Haqa’iq ila Ma‘rifat Sunan Khayr al-Khala’iq (saw)
7. Al-Isyarat ila Bayan al-Asma’ al-Mubhamat fi Mutun al-Asanid
8. Al-Taqrib wa’l-Taysir fi Ma‘rifat Sunan al-Bashir wa al-Nadhir (saw)
9. Manaqib al-Shafi‘i (rad)
10. Al-Tahrir fi Alfaz al-Tanbih
11. Hilyat al-Abrar wa Shi‘ar al-Akhyar fi Talkhis al-Da‘awat wa’l-Adhkar (Al-
Adhkar al-Waridah ‘an Sayyid al-Abrar (saw) wa’l-Istighfar)
12. Hizb al-Ad‘iyah wa al-Adhkar (Hizb al-Nawawi)
13. Fatawa al-Imam al-Nawawi al-Musamma bi al-Masa’il al-Manthurat (‘Uyun
2 Ibn ‘Imad, ‘Abd. al-Hayy b. Ahmad (1988), Shadharat al-Dhahab fi Akhbar man Dhahab. Beirut: Dar Ihya’ al-Turath al-‘Arabi, 5/356, Haji Khalifah, Mustafa b. ‘Abd. Allah al-Qastantini (1982), Kashf al-Zunun ‘an ‘Asami al-Kutub wa’l-Funun. Muhammad Sharaf al-Din, Rif‘at Bilak al-Kalisi (eds.). Beirut: Dar al-Fikr,1/341, Carl Brockelmann (1969), Tarikh al-Adab al-‘Arabi. ‘Abd al-Halim al-Najjar (trans.). London: Routledge & Kegan Paul, 3/181, Fu’ad Sezkin (1983), Tarikh al-Turath al-‘Arabi. Mahmud Fahmi Hijazi (trans.), ‘Arfah Mustafa, Sa‘id ‘Abd al-Rahim (eds.). Riyad: Jami‘ah Imam Muhammad b. Su‘ud Islamiyah, Idarah Thaqafah wa Nashr, 1/356, Willi Heffening (1974), ‘Al-Nawawi’ in Encyclopaedia of Islam. New ed. Leiden: Brill, hh. 444-5.
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al-Masa’il al-Muhimmat)
14. Rawdat al-Talibin wa ‘Umdat al-Muftin fi al-Fiqh
15. Minhaj al-Talibin
16. Al-Idah fi Manasik al-Haj wa’l-‘Umrah
17. Al-‘Umdah fi Tashih al-Tanbih
18. Al-Tarkhis bi’l-Qiyam li Dhawi al-Fadl wa’l-Maziyyah min Ahl al-Islam
19. Tuhfat Tullab al-Fada’il
20. Sharh Sahih al-Bukhari (Al-Talkhis)
21. Tahdhib al-Asma’ wa’l-Lughat
22. Mukhtasar Tabaqat al-Fuqaha’
23. Sirah al-Nabawiyah (saw)
24. Mir’at al-Zaman fi Tarikh al-A‘yan
25. Al-Usul wa’l-Dawabit
26. Sharh al-Wasit (Al-Tanqih)
27. Al-Majmu‘ Sharh al-Muhadhdhab
28. Al-Tahqiq fi al-Fiqh
29. Daqa’iq al-Minhaj
30. Daqa’iq al-Rawdat (Al-Isharat ila ma Waqa‘a fi al-Rawdat min al-Asma’ wa
al-Ma‘ani wa’l-Lughat)
31. Muhimmat al-Ahkam
32. Tuhfat al-Talib al-Nabih fi Sharh al-Tanbih
33. Bustan al-‘Arifin
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34. Al-Maqasid: Ma yajibu Ma‘rifatuhu min al-Din 3
2.1. The Al-Minhaj fi Sharh Sahih Muslim al-Hajjaj
Sharh Muslim by Imam al-Nawawi has been specially acclaimed as the greatest
hadith works and hailed as the great masterpiece. It reflects the far-reaching and lasting
contribution of Imam al-Nawawi in the realms of Islamic intellectual and religious
tradition, and in the development of science of hadith.
The work is highly acclaimed as an important and influential hadith literature and
is certainly one of the greatest achievements of al-Nawawi to formulate the method of
hadith commentary that will be used by later generation. The methodological principles
he established were continued in a long tradition of hadith comparative learning and
writing by Muslims. Thus the study aims at presenting the work, and further examines the
relevancy of his methodology in interpreting hadith to contemporary needs of such study.
It will touch the whole mass of hadith materials found in his commentary of kitab
al-Buyu‘, a critical process to set about the task of clarification and of placing him in his
rightful position among the great classical traditionalist of Muslim tradition.
2.1.1. Structure and Sources of the Al-Minh a j
The al-Minhaj is credited for its soundness and precise method of commentary, for its
impressive ways in expounding the meaning of hadith, its mastery of Arabic language, its
skills in drawing lessons (fawa’id) from the hadiths and for its complete coverage of
Imam Muslim’s material. It is widely accepted as the standard reference in Islamic
3 Noah Ha Mim Keller (1994), Al-Maqasid Imam Nawawi’s Manual of Islam. Evanston: Sunna Books.
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tradition and hailed for its brilliant and influential commentaries of Imam Muslim’s great
Sahih. It was the most significant and treasured work in hadith.
The book comprised of a khutbah, a comprehensive introduction (muqaddimah) by
Imam al-Nawawi, and substantive discussion of hadith comprising of 1,356 bab dan 57
kitab. The text of Sahih Muslim presents the most reliable collection of hadith,
comprising the following kitab:
1. Muqaddimah (8 bab)
2. Kitab al-Iman (98 bab)
3. Kitab al-Taharah (34 bab)
4. Kitab al-Haid (33 bab)
5. Kitab al-Salat (52 bab)
6. Kitab al-Masajid wa Mawadi‘ al-Salat (56 bab)
7. Kitab Salat al-Musafirin wa Qasriha (57 bab)
8. Kitab al-Jumu‘ah (19 bab)
9. Kitab Salat al-‘Idayn (5 bab)
10. Kitab Salat al-Istisqa’ (5 bab)
11. Kitab al-Kusuf (5 bab)
12. Kitab al-Jana’iz (37 bab)
13. Kitab al-Zakat (56 bab)
14. Kitab al-Siyam (40 bab)
15. Kitab al-I‘tikaf (4 bab)
16. Kitab al-Haj (97 bab)
17. Kitab al-Nikah (24 bab)
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18. Kitab al-Rida‘ (19 bab)
19. Kitab al-Talaq (9 bab)
20. Kitab al-Li‘an (1 bab)
21. Kitab al-‘Itq (7 bab)
22. Kitab al-Buyu‘ (21 bab)
23. Kitab al-Musaqat (31 bab)
24. Kitab al-Fara’id (5 bab)
25. Kitab al-Hibat (4 bab)
26. Kitab al-Wasiyat (6 bab)
27. Kitab al-Nadhar (5 bab)
28. Kitab al-Ayman (13 bab)
29. Kitab al-Qasamah wa al-Muharibin wa al-Qisas wa al-Diyat (11 bab)
30. Kitab al-Hudud (11 bab)
31. Kitab al-Aqdiyat (11 bab)
32. Kitab al-Luqatah (6 bab)
33. Kitab al-Jihad wa’l-siyar (51 bab)
34. Kitab al-Imarah (56 bab)
35. Kitab al-Sayd wa al-Dhaba’ih wa ma Yu’kal min al-Hayawan (12 bab)
36. Kitab al-Adahi (8 bab)
37. Kitab al-Ashribah (35 bab)
38. Kitab al-Libas wa al-Zinah (35 bab)
39. Kitab al-Adab (10 bab)
40. Kitab al-Salam (41 bab)
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41. Kitab al-Alfaz min al-Adab wa Ghayriha (5 bab)
42. Kitab al-Shi‘r (2 bab)
43. Kitab al-Ru’ya (5 bab)
44. Kitab al-Fada’il (46 bab)
45. Kitab Fada’il al-Sahabat (rad) (60 bab)
46. Kitab al-Bir wa al-Silat wa al-Adab (51 bab)
47. Kitab al-Qadr (8 bab)
48. Kitab al-‘Ilm (6 bab)
49. Kitab al-Dhikr wa al-Du‘a’ wa al-Tawbat wa al-Istighfar (25 bab)
50. Kitab al-Riqaq (2 bab)
51. Kitab al-Tawbah (11 bab)
52. Kitab Sifat al-Munafiqin wa Ahkamihim (1 bab)
53. Kitab Sifat al-Qiyamah wa al-Jannah wa al-Nar (20 bab)
54. Kitab al-Jannah wa Sifat Na‘imiha wa Ahliha (20 bab)
55. Kitab al-Fitan wa Ashrat al-Sa‘ah (28 bab)
56. Kitab al-Zuhd wa al-Raqa’iq (20 bab)
57. Kitab al-Tafsir (8 bab)
2.1.2. The sources used by Im a m al-Nawaw i
Imam al-Nawawi has treasured most of the major works of hadith and fiqh in his
times, which he greatly benefited in writing the al-Minhaj. He has clearly mentioned
some of these works in al-Minhaj, including:
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1. Kitab Al-Tahrir fi Sharh Sahih Muslim, by Imam Abu ‘Abdullah Muhammad
b. ‘Isma‘il b. Muhammad b. al-Fadl al-Tamimi al-Asbahani al-Shafi‘i (w. 353
H).4
2. Mustadrak ‘ala al-Sahihayn, and Al-Ajwibah lil Shaykh Abi Mas‘ud ‘amma
ashkala al-Shaykh al-Dar al-Qutni ‘ala Sahih Muslim ibn al-Hajjaj, by Abu
Mas‘ud Ibrahim b. Muhammad b. ‘Ubayd al-Dimashqi (w. 401 H). 5
3. Ma‘alim al-Sunan and A‘lam al-Hadith, by Abu Sulayman Ahmad b.
Muhammad b. Ibrahim b. al-Khattab al-Khattabi.6
4. Sharh Sahih al-Bukhari by Imam Abu al-Hassan ‘Ali b. Khalaf b. Battal al-
Maliki al-Maghribi (w. 449 H).7
5. Al-Mufhim li Sharh Gharib Sahih Muslim, by Abu al-Hassan ‘Abd al-Ghafir b.
Isma‘il b. ‘Abd al-Ghafir al-Farisi (w. 529 H). 8
6. Al-Mu‘lim bi Fawa’id Muslim, by Abu ‘Abdullah Muhammad b. ‘Ali b. ‘Umar
al-Tamimi al-Mazari (w. 536 H). 9
7. Ikmal al-Mu‘lim bi Fawa’id Muslim, and Mashariq al-Anwar fi Sihah al-Athar
by Qadi ‘Iyad al-Yahsubi (w. 544 H).10
8. Siyanah Sahih Muslim and Ma‘rifat Anwa‘ ‘Ilm al-Hadith, by Abu ‘Amru Ibn
al-Salah.11
4 Al-Nawawi, Muhy al-Din Abu Zakariya Yahya b. Sharaf (1994). Al-Minhaj fi Sharh Sahih Muslim bin al-Hajjaj. Wahbah al-Zuhayli, ‘Ali ‘Abd al-Hamid Abu al-Khayr (eds.). Cet. 5. Damsyik: Dar al-Khayr, 1/146, 2/210.5 Ibid., 1/27, 2/222.6 Ibid., 1/27, 99, 10/419, 15/48.7 Ibid., 1/146, 147.8 Ibid., 1/9.9 Ibid., 18/261.10 Ibid., 1/47, 55, 57, 64, 99, 115, 10/418.11 Ibid., 1/24, 2/28.
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9. Gharib al-Hadith, by Abu ‘Ubayd al-Qasim b. Sallam al-Hirawi (w. 224 H/773-
837 M).12
10. Ma‘rifat al-Sahabat (rad) by Yahya ibn ‘Abd al-Wahhab ibn Mandah al-
Asbahani (w. 551 H).
11. Al-Mustadrak ‘ala al-Sahihayn fi al-Hadith, al-Muzakkin li Ruwat al-Khabar,
al-Madkhal ila Ma‘rifat al-Mustadrak, Ma‘rifat ‘Ulum al-Hadith, and al-
Madkhal ila Kitab al-Iklil by al-Hakim Muhammad ibn ‘Abdullah al-Hafiz al-
Nisaburi (933-1014 M).13
12. Al-Mustadrak ‘ala al-Sahihayn, by Abu Dhar ‘Abd b. Ahmad b. Muhammad b.
‘Ufayr al-Hirawi. 14
13. Al-Ilzamat wa’l-Tatabbu‘, Al-‘Ilal al-Waridah fi al-Ahadith al-Nabawiyah
(saw), Rijal al-Bukhari wa Muslim and Al-Mu’talaf wa al-Mukhtalaf by Abi al-
Hassan ‘Ali b. ‘Umar b. Ahmad b. Mahdi al-Dar Qutni (306-385 H/ 918-995
M).15
14. Risalah al-Qushayriyah, by Abu al-Qasim ‘Abd. al-Karim ibn Hawazin al-
Qushayri (986-1072 M).16
15. Taqyid al-Muhmil wa Tamyiz al-Mushkil, by Abu ‘Ali Husayn b. Muhammad al-
Ghassani al-Jayyani (w. 498 H/ 1105 M).17
16. Al-Ishraq and Al-Ashraf wal-Ijma‘ by Imam Abu Bakr Muhammad b. Ibrahim
ibn al-Mundhir al-Nisaburi al-Shafi‘i (w. 318 H).18
17. Al-Intisar by Shaykh Abu Sa‘ad ‘Abdullah b. Muhammad b. Hibat Allah b. Abi
‘Asrun. 19
18. Al-Mujmal fi al-Lughah by Abu al-Husain Ahmad ibn Faris al-Razi ibn
Zakariya (w. 390 H/1000 M). 20
19. Al-Ansab by Abu Sa‘id ‘Abd al-Karim b. Muhammad b. Mansur al-Sam‘ani al-
Tamimi al-Marwazi. 21
20. Jamharat al-Lughah, by Abu Bakr Muhammad ibn al-Hasan al-Azdi ibn al-
Durayd (w. 933 M).22
21. Jami‘ al-Masanid bi Alakhkhas al-Asanid by Abu al-Faraj ‘Abd al-Rahman ibn
‘Ali ibn al-Jawzi (510-597 H/1116-1201 M). 23
22. Tarikh Makkah by Abu al-Walid Muhammad b. ‘Abd Allah b. Ahmad al-Azraqi
(w. 865 M). 24
23. Al-Hawi al-Kabir, Al-Nukat wa al-‘Uyun, and Al-Ahkam al-Sultaniyah wa al-
Wilayah al-Diniyah by Aqdi al-Qudat Abu al-Hassan al-Mawardi al-Basri al-
Shafi‘i.25
19 Al-Nawawi, Al-Minhaj fi Sharh Sahih Muslim bin al-Hajjaj, op.cit., 1/90.20 Ibid., 1/76.21 Ibid., 1/7.22 Ibid., 1/47, 2/210.23 Ibid., 2/27.24 Ibid., 5/197.25 Ibid., 1/23, 89, 95, 15/134.
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3.1. Analysis of Kitab al-Buyu‘
As far as is known, in terms of a comprehensive exposition and commentary of
al-Nawawi’s traditional ideas and teachings as revealed in the texts of his voluminous
works and verses, this study represents the first undertaking of such a task. It will analyze
the conceptual system of al-mu‘amalah and its underlying relations with the maqasid al-
shari‘ah (higher objective of Islamic law) and al-maslahah (public interest). Selection of
the main ideas which run through Imam al-Nawawi’s major commentary ‘Al-Minhaj fi
Sharh Sahih Muslim al-Hajjaj’ and from his other works on the hadith texts will
become a matter of prime importance in such a study as this.
3.1.1. The Structure and Content of Kit a b al-Buy u ‘
Kitab al-Buyu‘ discussed many important aspects of transactions established
during the era of ignorance (jahiliyah) such as bay‘ al-mulamasah and al-munabadhah,
bay‘ habal al-habalah, bay‘ al-musarrah, bay‘ al-hisah and bay‘ al-gharar.26 It
investigates the precise meaning of hadith, its linguistic meaning, studying the isnad,
discusses the genesis of each hadith (asbab al-wurud) and clarifies the context and
application of the text. It forms a massive kitab comprising of 21 bab and 158 hadith, as
recorded below:
1. Chapter: Prohibition of bay‘ al-mulamasah and al-munabadhah (7 hadith).
26 Ibid., 10/396.
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Abu Hurairah (rad) reported that Rasulullah (saw) forbade (two types of
transactions) Mulamasah and Munabadhah.27
Abu Hurairah (rad) reported: two types of transactions have been forbidden (by
the Holy Prophet saw) al-Mulamasah and al-Munabadhah. As far as al-
Mulamasah transaction is concerned, it is that every one of them (the parties
entering into transaction) should touch the garment of the other without careful
consideration, and al-Munabadhah is that every one of them should throw his
cloth to the other without (initially) seeing the other’s cloth.28
2. Chapter: Invalidity of (transaction by) throwing stone and which involves
uncertainty (al-gharar) (1 hadith).
Abu Hurairah (rad) reported that Rasulullah (saw) forbade transaction
determined by (throwing) stone, and which involves uncertainty. 29
3. Chapter: Prohibition of habal al-habalah ‘s (transaction) (2 hadith).
‘Abdullah ibn ‘Umar (rad) reported that Rasulullah (saw) forbade the
(transaction) of habal al-habalah. 30
27 Al-Nawawi, Sharh Sahih Muslim, Kitab al-Buyu‘, loc.cit., 10/393, Abdul Hameed Siddiqui (1977), Sahih Muslim: Being Traditions of the Sayings and Doings of the Prophet Muhammad (saw) as Narrated by his Companions and Compiled Under the Title al-Jami‘ al-Sahih / by Imam Muslim (821-875); Rendered into English by Abdul Hamid Siddiqi; With Explanatory Notes and Brief Biographical Sketches of Major Narrators. 4th ed. New Delhi: Kitab Bhavan (hadith 3608), http://www.iiu.edu.my/deed/hadith/muslim (accessed 15 July 2009). 28 Al-Nawawi, Sharh Sahih Muslim, Kitab al-Buyu‘, op.cit., 10/394.29 Ibid., 10/395.30 Ibid., 10/397.
Ibn ‘Umar (rad) reported that the people in the time of ignorance (jahiliyah) used
to sell the meat of slaughtered camel and habal al-habalah. And habal al-
habalah implies that a she-camel gave birth to a young camel, than this (younger
camel) become pregnant. Rasulullah (saw) forbade such (transaction). 31
4. Chapter: The prohibition of making transaction which has been negotiated by
one’s brother, or to purchase against the other’s, and cheating and retaining milk
in the udder (to deceive the purchaser) (8 hadith).
Ibn ‘Umar (rad) reported that the Prophet (saw) said: “A person should not
attempt to transact when his brother has already making it, nor should he make a
proposal when his brother has already proposed, unless he has given permission.”
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5. Chapter: The prohibition to meet traders on their way and gaining undue
advantage (5 hadith).
Abu Hurairah (rad) reported that the Messenger of Allah (saw) said: “Do not
meet the merchant (on their ways), and transact with them, and whoever meet and
buy from them, when the owner had reach the market, (and found he had been
paid less) he has the right to decline (and declare it void).”33
31 Ibid.32 Ibid., (hadith 3441).33 Al-Nawawi, Kitab al-Buyu‘, op.cit., 10/402 (hadith 3802). In Kitab al-Muwatta’, it is stated: Malik informed us: Nafi‘ informed us from ‘Abdullah ibn ‘Umar (rad) that the Messenger of Allah (saw) forbade going out to meet goods before they have reached the markets, and he (saw) forbade bidding up the price. Al-Muwatta, bab: what is disapproved of bidding up the price (al-najash) and forestalling (talaqqi al-sila‘). Al-Shaybani, Muhammad ibn al-Hasan (2005), The Muwatta’ of Imam Muhammad (The Muwatta’ of Imam Malik ibn Anas (rad) in the narration of Imam Muhammad ibn al-Hasan ash-Shaybani (135-189). Mohammad Abdurrahman & Abdassamad Clarke (trans.). Karachi, Pakistan: Darul Ishaat, p. 339.
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6. Chapter: The prohibition for townsmen to sell (on behalf) of the villagers (6
hadith).
Abu Hurairah (rad) reported from Rasulullah (saw): “A townsmen should not
sell for men from desert. And Zuhayr (rad) reported from Rasulullah (saw) that
he (saw) forbade townsmen to sell on behalf of the desert. 34
7. Chapter: Pertaining to the (jurisdiction) of al-musarrah (6 hadith).
Abu Hurairah (rad) reported that the Prophet (saw) said: “He who bought a goat
whose udder is tied (al-musarrah), he should see it, and milk it, if he satisfied
(and contended with it), he can retain it, otherwise he should return it with a sa‘
of dates.”35
8. Chapter: The invalidity of selling commodity not readily possessed (14 hadith).
Jabir b. ‘Abdullah (rad) reported that the Prophet (saw) said: When you
purchased food grains, do not sell them until you have possess it.36
9. Chapter: The prohibition to sell the ripened dates with unmeasured (quantity of)
dates (2 hadith).
34Al-Nawawi, Kitab al-Buyu‘, op.cit., 10/404 (hadith 3803).35 Ibid., 10/405 (hadith 3809).36Ibid., 10/408 (hadith 3815). In al-Muwatta’ it is stated: Malik informed us: Nafi‘ narrated to us from ‘Abdullah ibn ‘Umar (rad) that the Messenger of Allah (saw) said: ‘Whoever buys food, let him not sell it until he takes possession of it,’’ (hadith 765), and Malik informed us: Nafi‘ informed us that Hakim ibn Hizam (rad) bought food for people, which ‘Umar ibn al-Khattab (rad) ordered him to. Then Hakim (rad) sold the food before he had taken possession of it. ‘Umar ibn al-Khattab (rad) heard about that and rejected his sale. He said: ‘Do not sell food which you have bought until you take possession of it,’ (hadith 766). Al-Muwatta’, bab: foods and other things that are not taken possession of, op.cit., p. 336. See also Abi Muhammad, ‘Ali b. Ahmad b. Sa‘id b. Hazm (n.d.) Al-Muhalla. Ahmad Muhammad Shakir (ed.). Beirut: Dar al-Afaq al-Jadidah, vol. 9 /p. 2.
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Jabir b. ‘Abdullah (rad) reported that Rasulullah (saw) forbade selling a heap of
dates (unweight) with a known quantity of dates.37
10. Chapter: The right to determine and withdraw from the bargain (khiyar al-majlis)
for both parties (5 hadith).
Ibn ‘Umar (rad) reported that the Messenger of Allah (saw) said: Both parties in
a transaction have the right to annul it as long as they have not separated; except
in transactions which have been subject to (the governing condition which
determine) each parties’ right to annul it.38
11. Chapter: Truthfulness and honesty (in showing the defect of the commodity) (2
hadith).
Rasulullah (saw) said: “The buyer and the seller have the option to cancel the
contract as long as they have not separate, if both speaks and manifests the truth,
their transaction shall be blessed, (but) if they concealed (the defect) and lied, the
blessing shall be obliterated. 39
12. Chapter: One who is deceived in trade (2 hadith).
‘Abdullah ibn Dinar narrated from Ibn ‘Umar (rad) that a man came to the
Messenger of Allah (saw) and complained of being deceived. Whereupon the
Messenger of Allah (saw) said: When you making transaction, say: no (attempt
13. Chapter: The prohibition of selling fruits until it has grown (matured) (15 hadith).
Abu al-Bakhtari (rad) reported: I asked Ibn ‘Abbas (rad) about selling of dates.
Whereupon he said: Rasulullah (saw) forbade the selling of dates in trees until it
is tasted or until it is weight. I said: What does it implies “until it is weight”? A
person besides him says: until it has been (perfectly) measured.41
14. Chapter: The prohibition of selling fresh dates with dried dates except in
al-‘araya (23 hadith).
Sahl b. Abu Hathmah reported that Rasulullah (saw) has forbade the al-
muzabanah, that is an exchange of fresh dates with dried dates, except for some
(poor) members of family to (exchange the dates) in trees, for them the
concession has been given.42
41 Ibid., 10/422 (hadith 3674). In al-Muwatta’ it is stated: Malik informed us: Nafi‘ narrated to us from ‘Abdullah ibn ‘Umar (rad) that the Messenger of Allah (saw) forbade the sale of fruits before they are usable. He (saw) forbade both the seller and the purchaser (hadith 759). And Malik informed us: Abu’l Rijal Muhammad ibn ‘Abd al-Rahman narrated to us from his mother ‘Amrah that the Messenger of Allah (saw) forbade the sale of fruit until it was safe from the blight. Al-Muwatta’, bab: that which is disapproved of in the sale of fruits before they are usable (hadith 758), op.cit., p. 334.42 Ibid., 10/428 (hadith 3691). In al-Muwatta’ it is stated: Malik informed us: ‘Abdullah ibn Yazid the mawla (client) of al-Aswad ibn Sufyan informed us that Zayd Abu ‘Ayyash the mawla of Bani Zuhrah informed him that he asked Sa‘d ibn Abi Waqqas (rad) about someone who bought ordinary barley with another variety of barley, so Sa‘d (rad) asked him, “which of the two are better?” he answered, ‘the ordinary barley.’ He (Zayd) said: he forbade me to do that and he said: ‘I heard the Messenger of Allah (saw) being asked about someone who bought dried dates with fresh dates and he (saw) asked, “Does the fresh date shrink when it dries?” he answered: yes, and so he (saw) he forbade it. Al-Muwatta’, bab: what is disapproved of in the sale of dried dates for fresh dates (hadith 764), op.cit., p. 335.
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Abu Hurairah (rad) reported that Rasulullah (saw) had given exemption in
‘ariyah43 which measured less than 5 wasq44 or for 5 wasq (the narrator Dawud in
doubt).45
15. Chapter: Selling date-palm trees with dates hanging on its branch (7 hadith).
Nafi‘ narrated from Ibn ‘Umar (rad) that the Prophet (saw) said: Any tree that is
bought with its roots, if it has fecundated, its fruits belong to the one who has
grafted it, except if the buyer has making due provision (to take the fruits).46
16. Chapter: The prohibition of al-muhaqalah, al-muzabanah, and al-mukhabarah,
and to sell fruits which is not matured, and al-mu‘awamah, that is selling for
some (uncertain) years (8 hadith).
Jabir b. ‘Abdullah (rad) reported that the Prophet (saw) had forbade (bay‘) al-
mukhabarah, al-muhaqalah, and al-muzabanah, and selling fruits until it is
tasted, and (the transaction is executed only) with dinar and dirham; except in the
case of al-‘araya. ‘Ata’ said: Jabir (rad) explained for us: As for mukhabarah,
it is that a wasteland is given by a man to another, investing his capital, and get
shares from the produces. According to Jabir (rad), muzabanah is the selling of
43 The ‘ariyyah is a date-palm which is granted to a poor person for him to take its date. In view of his poverty it is permitted him to sell the dates on the tree for other dates already harvested, a practice which is not ordinarily permitted. Ibid., p. 433. 44 The wasq is a measure equivalent to sixty sa‘. Ibid., p. 444.45 Al-Nawawi, Kitab al-Buyu‘, op.cit., 10/428 (hadith 3692). In al-Muwatta’ it is stated: Malik informed us: Dawud ibn al-Husayn informed us that Abu Sufyan the mawla of Ibn Abi Ahmad informed him from Abu Hurayrah (rad) that the Messenger of Allah (saw) granted a concession concerning the sale of the right to the produce of a date-palm (‘ariyyah) in respect of that which is less than five wasqs or equal to five wasqs. Dawud was in doubt and did not know whether he said five or less than five. And Malik informed us: Nafi‘ narrated to us from ‘Abdullah ibn ‘Umar (rad) from Zayd ibn Thabit (rad) that the Messenger of Allah (saw) made a concession for the person granted rights to the produce of a date-palm (‘ariyyah) to exchange this for an estimated amount (of its yield). The Muwatta’ of Imam Muhammad, kitab: sales: trading and deferred sales (kitab al-buyu‘: fi al-tijarat wa al-sallam), bab: bay‘ al-‘araya (the sale of rights to the produce of a date-palm (‘ariyyah), op.cit., p. 333. 46 Al-Nawawi, Kitab al-Buyu‘, op.cit., 10/431 (hadith 3878).
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fresh dates on tree with dry dates for certain measures, and muhaqalah in
agriculture implies the selling of standing crop for grains with measures.47
17. Chapter: Leasing the land (29 hadith).
Nafi‘ narrated: “I went to Rafi‘ b. Khadij (rad) with Ibn ‘Umar (rad), until we
reach al-Balat (a high ground near the mosque of Prophet (saw) in Madinah),
and he (Rafi‘ b. Khadij rad) informed him that Rasulullah (saw) forbade the
renting of land.48
18. Chapter: Leasing the land with foods (6 hadith).
Rafi‘ (b. Khadij rad) reported that Zuhayr b. Rafi‘ (rad) – his uncle – inform me:
Rasulullah (saw) forbade a practice that is useful for us. I said: what is that,
whatever the Prophet (saw) says is true. He (Zuhayr rad) said that (the Holy
Prophet saw) asked me: “How do you cultivate your land?” I say: O Allah’s
Messenger (saw), we rent it with dry dates and barley. He (the Prophet saw) says:
Don’t do that, cultivate it or let it be cultivated (by others) or retain it to
yourself.49
19. Chapter: Leasing the land with gold and silver (4 hadith).
Hanzalah b. Qays al-Ansari (rad) reported: I asked Rafi‘ b. Khadij (rad) about
renting land with gold and silver, whereupon he said: “There is no harm in it, for
the people used to let out land near canals, the end of streamlets or portion of
fields. At times this (portion) was destroyed, and that was saved, and at times this
was saved and that was destroyed, thus they could only afford to pay (the rent)
with that (which) is saved. And it is due to this that the Prophet (saw) prohibits it.
But if there is something which is reliable and definite (money), then there is no
harm in it.”50
20. Chapter: On agriculture (al-muzara‘ah) 51 and renting land (2 hadith).
‘Abdullah b. al-Sa’ib reported: We visited ‘Abdullah b. Ma‘qil asking him about
al-muzara‘ah, whereupon he said: Thabit alleged that Rasulullah (saw) forbade
al-muzara‘ah and command to leasing it (with money) and said: no harm in it.52
21. Chapter: Conferring the land (5 hadith).
Ibn ‘Abbas (rad) reported that Rasulullah (saw) says: If one of you surrenders
(let out) his land to his brothers, that is better for him than receiving such and
such (profit from rent). Ibn ‘Abbas (rad) said: it is haql, and the Ansar expressed
it as al-muhaqalah.53
50 Ibid., 10/448-9 (hadith 3928).51 Share of crops; cultivate land with determined shares from the produce.52 Ibid., 10/450 (hadith 3932).53 Ibid., 10/542 (hadith 3938).
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3.1.2. Main themes in Kit a b al-Buy u ‘
The focal point of discussion in kitab al-Buyu‘ is centered on the prohibition of
al-gharar (uncertainties) in sales. It highlighted the principal of al-mu‘amalah and the
higher objectives of the divine law (maqasid al-shari‘ah), and the right to property and
protection of wealth. Imam al-Nawawi said:
“And pertaining to the prohibition of the transaction which involve (some
elements) of uncertainties (gharar), it is the most important part and
paramount objective of kitab al-Buyu‘, and for this reason, such
discussion has taken precedence in Sahih Muslim.” 54
54 Al-Nawawi, Sharh Sahih Muslim, kitab al-Buyu‘, op.cit., 10/396, Al-Nawawi, Al-Majmu‘, op.cit., 9/246.
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4.1. Working Methods
This article endeavors to analyze the historical and doctrinal aspects of kitab al-Buyu‘. It
will provide some insight on the general contents of the text of Sharh Muslim together
with a survey of classical application and thought of maqasid al-shari‘ah and al-
mudarabah. It will deals with Imam al-Nawawi’s major work of hadith, al-Minhaj, with
a full commentary of the text which will involve extensive textual analysis, detail
exposition of the explicit as well as implicit ideas that are couched therein.
The emphasis is placed on his methodology of interpreting hadith, and the style of
which is reflected in the al-Minhaj, offering a clear presentation of his analysis on the
controversy over textual variants, problems of conflicting texts and the status of weak and
forged texts.
It endeavors to furnished a critical study of Imam al-Nawawi’s comprehensive
commentary in Kitab al-Buyu‘ and giving explanation of the traditional’s ideas (hadith)
and teachings. It investigates his method of examining problems of some hidden defects
in isnad, the peculiar system of evaluating transmitters, controversy over individual
isnads, and controversy over Muslim’s isnads.
It endeavors to develop new tools and strategies for reading the Islamic holy texts
and opened new avenues for research to be taken in analyzing hadith al-mu‘amalah.
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Finally the outcome of the study, together with some useful suggestions for further
research, will be made in the conclusion.
4.1.1. Methods of Reference
Imam al-Nawawi had outlined a genuine approach in quoting and referring the
text and specifying his sources. He had clarified it comprehensively in the introduction to
his commentary. He said:
“And if I referred a name of a traditionist (rijal), language, statement,
controversial text, juristic views, and others, if it has been rigorously
popular, than I do not (have to) mentioned the scholars who expressed it,
except in certain place where I find it necessary because of the prolong
statement or the related ideas established in the text.”55
4.1.2. The Method of Preference (Tarjih)
The Sharh reflects an effective method of preference (tarjih), supported by an
effective and compelling argument. In his commentary of the prohibition to meeting
merchant on their ways, Imam al-Nawawi says:
“And this hadith exposed the unlawfulness to meet the traders on their
ways. And this is the views of the school of (Imam) al-Shafi‘i, (Imam)
Malik, and majority of scholars. And (Imam) Abu Hanifah and al-
Awza‘i said: it is permissible to meet the traders if it does not bring harm,
55 Al-Nawawi, Sharh Sahih Muslim, op.cit., 1/6.
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and if it does, then it is reprehensible (makruh). And the most credible
views is the first for it has been clearly mention in the text (sarih)”56
4.1.3. The Method of Istinb at
The Sharh had impressively construct a theoretical analyses and furnished
decisive principal of istinbat (the derivation of legal rulings). In his explanation of hadith
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Mohd Muhiden, Abd. Rahman, 1995. Imam al-Nawawi’s Contribution’s to ‘Ulum al-Hadith al-Dirayah. Journal of Usuluddin, 3: 63-76.
Muhammad Adli Musa (2007). Business Ethics in the Light of the Sunnah. (M.A.’s tesis, Kulliyyah of Islamic Revealed Knowledge and Human Science, International Islamic University Malaysia).
Al-Shaybani, Muhammad ibn al-Hasan (2005), The Muwatta’ of Imam Muhammad. Mohammad Abdurrahman & Abdassamad Clarke (trans.). Karachi, Pakistan: Darul Ishaat.
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Nizar Ali (2007). Kontribusi Imam Nawawi dalam Penulisan Sharh Hadith: Kajian atas Kitab Sahih Muslim bi Sharh al-Nawawi (M.A.’s tesis, UIN Sunan Kalijaga, Yogyakarta).
Rafik H. Berjak (2007). Al-Nawawi: The Jurist of Islam. Canada: Trafford Publishing.
Solahuddin Ismail (1998). Etika Perniagaan Menurut Perspektif Islam: Tumpuan terhadap Kitab al-Buyu‘ di dalam Sahih Muslim (Academic Exercise, Section of Usuluddin, Academy of Islamic Studies, Universiti Malaya).
‘Uthmani, Shabbir Ahmad (n.d.). Sahih Muslim ma‘a Sharhihi Fath al-Mulhim. Karachi: Maktabat al-Hijjaz.
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