مسند أحمد بن حنبل
3
Musnad Ahmad ibn Hanbal
(2)
Chapter: Musnad of Jābir ibn ʿAbdillāh al-Anṣārī (may Allāh be pleased with him)
(2)
مُسْنَدُ جَابِرِ بْنِ عَبْدِ اللَّهِ الْأَنْصَارِيِّ رَضِيَ اللَّهُ عَنْهُ
Three-Narrator Ahadith 22
Jābir (رضي الله عنه) reported that the Messenger of Allāh (ﷺ) said:
“Whichever of you owns land or date palms [in partnership with another] should not sell them until he has first offered them to his partner.”
Reference:
Musnad Aḥmad 22
حَدَّثَنَا سُفْيَانُ، عَنْ أَبِي الزُّبَيْرِ، سَمِعَ جَابِرًا يَقُولُ: قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: «أَيُّكُمْ كَانَتْ لَهُ أَرْضٌ أَوْ نَخْلٌ فَلَا يَبِعْهَا حَتَّى يَعْرِضَهَا عَلَى شَرِيكِهِ.»
| Grade: | Ṣaḥīḥ |
its isnād meets the conditions of Muslim. Abū al-Zubayr explicitly confirms direct audition from Jābir here: “he heard Jābir” (samiʿa Jābiran), thereby removing any concern arising from his tadlīs.
Isnād and Rijāl: Abū Yaʿlā ← Abū Khaythamah, Zuhayr ibn Ḥarb ← Sufyān ibn ʿUyaynah ← Abū al-Zubayr, Muḥammad ibn Muslim al-Makkī ← Jābir ibn ʿAbdillāh. Abū Khaythamah: thiqah thabt. Sufyān ibn ʿUyaynah: thiqah ḥāfiẓ faqīh imām. Abū al-Zubayr: ṣadūq; his narration from Jābir is accepted when he expressly states that he heard it from him, as he does here. Jābir ibn ʿAbdillāh: Companion. Takhrīj: Abū Yaʿlā, al-Musnad, no. 1833; al-Nasāʾī, no. 4700 (numbered 4713 in some editions); Ibn Mājah, no. 2492. Its meaning is also established in Ṣaḥīḥ Muslim, no. 1608, through Jābir with the wording: “Whoever has a partner in a dwelling or date palms may not sell until he informs his partner; if he wishes, he may take it, and if he wishes, he may leave it.” See also Aḥmad, al-Musnad, nos. 14444, 14478, 14493, 14558, 15011, 15254, and 15439; Abū Dāwūd, no. 3513; al-Tirmidhī, no. 1373; and Ibn Ḥibbān, nos. 5183-5184. The ruling concerns jointly owned, undivided property: before one co-owner sells his share to an outsider, he must give his partner the opportunity to purchase it. This protects the partner from the potential harm caused by introducing an unwanted third party into the shared property and forms part of the legal basis for the right of pre-emption (shufʿah).
Isnād and Rijāl: Abū Yaʿlā ← Abū Khaythamah, Zuhayr ibn Ḥarb ← Sufyān ibn ʿUyaynah ← Abū al-Zubayr, Muḥammad ibn Muslim al-Makkī ← Jābir ibn ʿAbdillāh. Abū Khaythamah: thiqah thabt. Sufyān ibn ʿUyaynah: thiqah ḥāfiẓ faqīh imām. Abū al-Zubayr: ṣadūq; his narration from Jābir is accepted when he expressly states that he heard it from him, as he does here. Jābir ibn ʿAbdillāh: Companion. Takhrīj: Abū Yaʿlā, al-Musnad, no. 1833; al-Nasāʾī, no. 4700 (numbered 4713 in some editions); Ibn Mājah, no. 2492. Its meaning is also established in Ṣaḥīḥ Muslim, no. 1608, through Jābir with the wording: “Whoever has a partner in a dwelling or date palms may not sell until he informs his partner; if he wishes, he may take it, and if he wishes, he may leave it.” See also Aḥmad, al-Musnad, nos. 14444, 14478, 14493, 14558, 15011, 15254, and 15439; Abū Dāwūd, no. 3513; al-Tirmidhī, no. 1373; and Ibn Ḥibbān, nos. 5183-5184. The ruling concerns jointly owned, undivided property: before one co-owner sells his share to an outsider, he must give his partner the opportunity to purchase it. This protects the partner from the potential harm caused by introducing an unwanted third party into the shared property and forms part of the legal basis for the right of pre-emption (shufʿah).
| Reference | : Three-Narrator Ahadith 22 |
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