Select a passage to highlight it. Click or tap a highlight to remove it.
Text and translation
English translation
1264. Abū Hurairah narrated that the Prophet ﷺ said: "Fulfill the trust for the one who entrusted you, and do not cheat the one who cheated you." (Ḍa'if)
[Abū 'Eisā said:] This Hadīth is Hasan Gharīb. Some of the people of knowledge followed this Hadīth, they said that when something belonging to a man is with another and he leaves (with it), then he has something that belongs to him, he may not withhold from him an
equivalent to what the other took of his.
Some of the people of knowledge among the Tābi'īn allowed that. This is the view of Sufyān Ath-Thawrī, he said: "If one man has some Dirham that belong to another, and the second has some Dinār belonging to the first, he may not withhold any in place of his Dirham, unless it so happens that he has some Dirham of his, then in that case he can withhold some of his Dirham equal to what he is owed by the first."
Your commentary saves automatically in this browser, separate from the published commentary. It stays private unless you include it in a shared study file.
Commentary
There are different views of different scholars on this issue of Al-Zafar. Al-Zafar is an issue concerning withholding of money of another person in place of one's own money or property which he owes him. 1) According to Imām Shāfi'ī one whose amount has been seized by another person, if by chance he gets his (the second's) money, he is allowed to deduct equal to his amount from the amount he got by chance. 2) The Ahnāf are of the view that if the kind of the thing is same then it is allowed to deduct one's due share. Imām Shāfi'ī also approves of this view point. 3) It is not allowed to cut one's share without judicial verdict. 4) According to Ibn Hazm, in any case, one should cut his due share. It is not only his right but if he does not deduct his amount or due share he is a wrong-doer. He must get it or forgive. If he forgives he not only saves himself from a crime but also gets the reward from Allāh. (Tuhfat Al-Ahwadhi v.2 p.252.)
