Sahih al-Bukhari, 2512
sahihNarrated Abu Huraira:
Allah's Messenger (ﷺ) said, "The mortgaged animal can be used for riding as long as it is fed and the milk of the milch animal can be drunk according to what one spend on it. The one who rides the animal or drinks its milk should provide the expenditures."
حَدَّثَنَا مُحَمَّدُ بْنُ مُقَاتِلٍ، أَخْبَرَنَا عَبْدُ اللَّهِ، أَخْبَرَنَا زَكَرِيَّاءُ، عَنِ الشَّعْبِيِّ، عَنْ أَبِي هُرَيْرَةَ ـ رضى الله عنه ـ قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم.
الرَّهْنُ يُرْكَبُ بِنَفَقَتِهِ إِذَا كَانَ مَرْهُونًا، وَلَبَنُ الدَّرِّ يُشْرَبُ بِنَفَقَتِهِ إِذَا كَانَ مَرْهُونًا، وَعَلَى الَّذِي يَرْكَبُ وَيَشْرَبُ النَّفَقَةُ
.
Isnad
5 transmittersReferences2 variants
- In-Book Reference
- Book 48, Hadith 5
- USC-MSA web (English) reference
- Vol. 3, Book 45, Hadith 689 (deprecated numbering scheme)
Sharh · explanationclick to expand
Islam regulates the contracts and financial transactions between people to ensure that their wealth and interests are well-preserved, so that they should not wrong one another. In this hadeeth, the Prophet ﷺoutlined the Laws of Islam ruling on mortgaged animals. A mortgage is a loan with a property guarantee or security. For example, a creditor takes a mortgaged property as a guarantee or security for a loan. If the debtor fails to repay the debt, the creditor takes back his loan from the mortgaged property. The Prophet ﷺunderlined that when an animal is mortgaged, its owner is allowed to use it for riding, but he must payfees for it. Moreover, he may drink from the milk of the mortgaged animal in exchange for feeding it and providing its needs during the period it is kept by him. His saying, “The one who rides the animal or drinks its milk should provide the expenditures,” means that the mortgagee or anyone else keeping it with him as a trust, is allowed to ride and milk it as long as he provides the expenditures for its needs. It is deduced from the hadeeth that a mortgagee is allowed to avail himself of the mortgaged property in return for providing the needed expenditures. It is also inferred therefrom that a mortgagee may avail himself of the mortgaged property that does not need expenditure, such as clothes and lands..