Volume 9, Book 86, Number 106:
Narrated Jabir bin ‘Abdullah:
The Prophet has decreed that preemption is valid in all cases where the real estate concerned has
not been divided, but if the boundaries are established and the ways are made, then there is no pree –
mption. A man said, “Preemption is only for the neighbor,” and then he makes invalid what he has
confirmed. He said, “If someone wants to buy a house and being afraid that the neighbor (of the
house) may buy it through preemption, he buys one share out of one hundred shares of the house
and then buys the rest of the house, then the neighbor can only have the right of preemption for the
first share but not for the rest of the house; and the buyer may play such a trick in this case.”
Volume 9, Book 86, Number 97:
Narrated Um Salama:
The Prophet said, “I am only a human being, and you people have disputes. May be some one
amongst you can present his case in a more eloquent and convincing manner than the other, and I
give my judgment in his favor according to what I hear. Beware! If ever I give (by error) somebody
something of his brother’s right then he should not take it as I have only, given him a piece of Fire.”
(See Hadith No. 638. Vol. 3)
Volume 9, Book 86, Number 98:
Narrated Abu Huraira:
The Prophet said, “A virgin should not be married till she is asked for her consent; and the matron
should not be married till she is asked whether she agrees to marry or not.” It was asked, “O Allah’s
Apostle! How will she(the virgin) express her consent?” He said, “By keeping silent.” Some people
said, “If a virgin is not asked for her consent and she is not married, and then a man, by playing a
trick presents two false witnesses that he has married her with her consent and the judge confirms
his marriage as a true one, and the husband knows that the witnesses were false ones, then there is
no harm for him to consummate his marriage with her and the marriage is regarded as valid.”
Volume 9, Book 86, Number 99:
Narrated Al-Qasim:
A woman from the offspring of Ja’far was afraid lest her guardian marry her (to somebody)
against her will. So she sent for two elderly men from the Ansar, ‘AbdurRahman and Mujammi’, the
two sons of Jariya, and they said to her, “Don’t be afraid, for Khansa’ bint Khidam was given by her
father in marriage against her will, then the Prophet cancelled that marriage.” (See Hadith No. 78)
Volume 9, Book 86, Number 100:
Narrated Abu Haraira:
Allah’s Apostle said, “A lady slave should not be given in marriage until she is consulted, and a vir –
gin should not be given in marriage until her permission is granted.” The people said, “How will she
express her permission?” The Prophet said, “By keeping silent (when asked her consent).” Some
people said, “If a man, by playing a trick, presents two false witnesses before the judge to testify that
he has married a matron with her consent and the judge confirms his marriage, and the husband is
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sure that he has never married her (before), then such a marriage will be considered as a legal one
and he may live with her as husband.”
Volume 9, Book 86, Number 101:
Narrated ‘Aisha:
Allah’s Apostle said, “It is essential to have the consent of a virgin (for the marriage). I said, “A vir –
gin feels shy.” The Prophet; said, “Her silence means her consent.” Some people said, “If a man falls in
love with an orphan slave girl or a virgin and she refuses (him) and then he makes a trick by bring –
ing two false witnesses to testify that he has married her, and then she attains the age of puberty and
agrees to marry him and the judge accepts the false witness and the husband knows that the wit –
nesses were false ones, he may consummate his marriage.”
Volume 9, Book 86, Number 93:
Narrated Ibn ‘Umar:
Allah’s Apostle forbade the practice of An-Najsh.
Volume 9, Book 86, Number 94:
Narrated ‘Abdullah bin ‘Umar:
A man mentioned to the Prophet that he had always been cheated in bargains. The Prophet said,
“Whenever you do bargain, say, ‘No cheating.'”