Azami 5651

Daraqutni (3/34) narrated it from Abu Muhammad bin Sayid, who said, Abdullah bin Imran Aabidi told us, Sufyan bin Uyayna told us, from Ziyad bin Saad, from Zuhri, from Saeed bin Musayab, from Abu Hurairah, who related it. The companions of Zuhri differed regarding this hadith. Ibn Abu Dhib, Malik, Yunus, and Muamar all narrated it from Zuhri as mursal, though some of these and others narrated it from him as connected. Here is the detail.Shafii narrated it in al-Umm (3/167) from Muhammad bin Ismail bin Abu Fudayk, from Ibn Abu Dhib, from Ibn Shihab, from Saeed bin Musayab, that the Messenger of Allah said, "The pledge is not foreclosed against its owner who pledged it. Its gains are his and its losses are his responsibility." Bayhaqi (6/39) narrated it by way of Shafii. There is disagreement over Ibn Abu Dhib's version. Muhammad bin Ismail narrated it as mursal, while Ismail bin Ayyash narrated it from him, and also from Zubaydi, both of them from Zuhri as connected. Ismail bin Ayyash is daif regarding narrators who are not from the Levant, and Ibn Abu Dhib is from the people of Madinah, but the corroboration of Zubaydi, who is Muhammad bin Walid of Homs, strengthens it, indicating that Ismail bin Ayyash did not err in this. Daraqutni (3/33) narrated both of these routes.As for Malik, he narrated it as mursal, as in Yahya's version in the Book of Judgments (13), and likewise all the other transmitters of the Muwatta narrated it, except Maen bin Isa, who narrated it as connected, as Ibn Abdul-Barr stated. Hakim pointed to the connected version from Malik.As for Muamar, Daraqutni (333) narrated it by way of Abu Yahya, from him, from Zuhri, as connected, with the wording, "The pledge is not foreclosed. Its gains are yours and its losses are your responsibility." Daraqutni said, Abdul-Razzaq narrated it as mursal, and it is in his Musannaf (15033), from Muamar, from Zuhri, from Ibn Musayab, who said, the Messenger of Allah said, "The pledge is not foreclosed against the one who pledged it." This is the wording in the Musannaf, while the wording in Daraqutni is, "The pledge is not foreclosed. Its gains are his and its losses are his responsibility." In the Musannaf it says, I (the speaker being Muamar) asked Zuhri, "What do you think of his saying, 'the pledge is not foreclosed'? Is it about a man who says, 'If I do not bring you your money, then this pledge is yours'?" He said, "Yes." Muamar said, Then it reached me from him that he said, "If it perishes, this man's right is not lost. Rather, it is the owner of the pledge who bears the loss. Its gains are his and its losses are his responsibility."As for those who narrated it as connected from Zuhri, among them is Ziyad bin Saad, from Zuhri, from Saeed bin Musayab, from Abu Hurairah, who said, the Messenger of Allah said, "The pledge is not foreclosed. Its gains are his and its losses are his responsibility." Daraqutni (3/32), Ibn Hibban (5934), Hakim (2/51), and Bayhaqi (6/39) all narrated it through this route. Daraqutni said, "Ziyad bin Saad is among the trustworthy memorizers, and this chain is hasan and connected." Hakim said, "This is a sahih hadith meeting the standard of the two Shaykhs, though they did not include it due to the disagreement over it among the companions of Zuhri. Ziyad bin Saad is corroborated by Malik, Ibn Abu Dhib, Sulayman bin Abu Dawud Harrani, Muhammad bin Walid Zubaydi, and Muamar bin Rashid regarding this version." Then he cited their hadiths. The hadiths of those Hakim mentioned were narrated by Daraqutni, Bayhaqi, and others.Among those who also corroborated its connected transmission is Ishaq bin Rashid, from Zuhri with his chain, with the wording, "The pledge is not foreclosed." Ibn Majah (2441) narrated it from Muhammad bin Humayd, who said, Ibrahim bin Mukhtar told us, from Ishaq bin Rashid with his chain. Ishaq bin Rashid is trustworthy, but he was prone to error in the hadiths of Zuhri, and the corroboration of these others confirms that he did not err in this case. However, its defect is Muhammad bin Humayd Razi, for he is daif according to the majority of scholars, though Ibn Main held a favorable opinion of him.Among those who also narrated it as connected is Yahya bin Abu Anisa, from Ibn Shihab with his chain, and he said, "Similar to it, or with a meaning like it, not contradicting it." Yahya bin Abu Anisa is daif, and he is among the men found in Tahdhib.It was also narrated as connected by Abdullah bin Nasr Asamm, who said, Shababa told us, Ibn Abu Dhib told us, from Zuhri, from Saeed bin Musayab and Abu Salama bin Abdul-Rahman, from Abu Hurairah, with the wording, "The pledge is not foreclosed. The pledge belongs to the one who pledged it. Its gains are his and its losses are his responsibility." Daraqutni and Hakim narrated it through this route. Abdullah bin Nasr Asamm is one whose hadith is rejected, as stated in al-Mizan.Among those who narrated it as connected is Sulayman bin Abu Dawud, from Zuhri with his chain, with the wording, "The pledge is not foreclosed until its gains are yours and its losses are your responsibility." Hakim (2/51) narrated it by this route.In summary, there is disagreement over whether it is connected or mursal. Its connected status was declared sahih by Ibn Hibban, Daraqutni, Hakim, Ibn Abdul-Barr, Abdul-Haqq, Dhahabi in Talkhis al-Mustadrak, and others. This is correct, Allah willing, because the principles of assessing narrations require accepting this addition given how frequently it occurs, for this is the way of the hasan hadith that is narrated through multiple routes. As for those who narrated it as mursal, there is also disagreement among them, as you have seen, and this too justifies accepting the addition. Ibn Abdul-Hadi said in al-Tanqih (4/119), "We have mentioned this hadith, the disagreement over it, and the statements of the scholars on it elsewhere. Ibn Abdul-Barr and Abdul-Haqq declared its connected transmission sahih. And Allah knows best." End of quote.His saying, "The pledge is not foreclosed," means it does not become locked in such a way that it never returns to the pledger. Rather, whenever the debt secured by it is paid, it returns to the pledger. His saying, "Its gains are his," means the increases that come from it belong to the pledger. His saying, "and its losses are his responsibility," means if it perishes in the hand of the pledgee, the loss falls upon the pledger. In the hadith is evidence that the pledge is guaranteed to its owner, and the condition is void, namely his saying, "If I do not bring the debt owed by me, then the pledge is yours."It has been related from Ibrahim, in explaining it, that it refers to a pledger saying to the pledgee, "If I bring you your due by such and such a time, well and good, otherwise the pledge is yours." Ibrahim said, His saying, "The pledge is not foreclosed," means the pledgee does not become entitled to it. A similar explanation has been related from Tawus, Sufyan Thawri, Malik, and others.Abdul-Razzaq (15035) narrated from Muamar, from Ayub, from Ibn Sirin, from Shurayh, who said, A man pledged his house for five hundred dirhams, and the owner of the dirhams said, "If you do not bring me my money by such and such a time, then your house is mine." The man did not come on that day, but came afterward, and they brought their dispute to Shurayh. Shurayh said, "If his foot stumbled, would his house be lost? Return his house to him, and take your money."Malik likewise explained it, saying, It is when a man pledges something to another man for a certain amount, and the pledge exceeds in value what it was pledged for, and the pledger says to the pledgee, "If I bring you your due by an appointed time, well and good, otherwise the pledge is yours for what it was pledged." This is not valid, and it is not lawful. This is what is prohibited. But if the owner brings what it was pledged for after the appointed time, it is his. I consider this condition to be void. End of quote.In the hadith is also evidence that if the pledge perishes in the hand of the pledgee, the loss falls upon the pledger, and none of the pledgee's right is nullified by its destruction. This is the position of a group of scholars, among them Malik, Shafii, and Ahmad. Others held that the pledge is guaranteed such that if it perishes in the hand of the pledgee, the pledgee's right from the loan is nullified. On this matter there is a detailed position, which is that if the value of the pledge equals the debt, the debt is nullified by its destruction. If its value is less than the debt, the debt is reduced by an amount equal to its value, and the remainder is owed by the pledger. If its value is more than the debt, the debt is nullified, and the pledgee is not required to compensate for the excess. This is the position of the scholars of legal reasoning.Among what they may have relied upon is the hadith of Anas from the Prophet, who said, "The pledge is for what it contains." Daraqutni (3/32) narrated it from Muhammad bin Makhlad, who said, Ahmad bin Muhammad bin Ghalib told us, Abdul-Kareem bin Rawh told us, from Hisham bin Ziyad, from Humayd, from Anas, who related it. Daraqutni said, "This is not established from Humayd, and everyone between him and our teacher is daif." He also narrated it with another chain, saying, Abdul-Baqi bin Qani told us, Abdul-Razzaq bin Ibrahim told us, Ismail bin Abu Umaya told us, Saeed bin Rashid told us, Humayd Tawil told us, from Anas, from the Prophet, and he related the hadith in the same way. Daraqutni said, "This Ismail fabricates hadith, and this is false as attributed to Qatada and to Hammad bin Salama."Ibn Jawzi said in al-Tahqiq (4/120), alongside al-Tanqih, "In the chain is Saeed bin Rashid. Yahya bin Main said, He is nothing. Nasai said, His hadith is abandoned. Ibn Hibban said, He alone transmits problematic reports that trustworthy narrators do not corroborate. In the first chain is Hisham bin Ziyad. Yahya said, He is nothing. Nasai said, His hadith is abandoned. Ibn Hibban said, It is not permissible to rely on him as evidence. And in it is Abdul-Kareem, whom Daraqutni deemed daif. Abu Hatim Razi said, He is unknown. And in it is Ahmad bin Muhammad bin Ghalib, who is Ghulam Khalil, who was a liar who fabricated hadith. Ibn Adi said, Ghulam Khalil used to say, 'We fabricated hadiths to soften the hearts of the common people.' Daraqutni said, He is abandoned." End of quote.Of similar meaning is also what has been related from Abu Hurairah, that the Prophet said, "The pledge is for what it contains." Bayhaqi (6/40) narrated it by way of Hassan bin Ibrahim, from Yazid bin Ibrahim Tustari, from Amr bin Dinar, who said, Abu Hurairah said it, and he related it. Bayhaqi said, "Abu Hazim, Hassan bin Ibrahim Kirmani alone narrated it, and it is disconnected, as there is a gap between Amr bin Dinar and Abu Hurairah."Then Bayhaqi mentioned the hadith of Anas, and quoted Daraqutni's statement that it contains Ismail who fabricates hadith. Then he said, "The basis in this chapter is a mursal hadith, and in it is such weakness as there is." Then he cited, by his chain, from Musab bin Thabit, who said, I heard Ataa relate that a man pledged a horse, and it died while in his possession, so the Messenger of Allah said to the pledgee, "His right is lost." Bayhaqi said, "Shafii has spared us the task of explaining the weakness of this hadith." End of quote.This mursal narration was narrated by Abu Dawud in his Marasil (176), and by way of him, Bayhaqi, and in it too is Musab bin Thabit, who is daif.