Transaction & property #iḥsānology – collection 7

This is the seventh collection of short summaries of content from Shajarat al-Maʿārif which I post to my Twitter and Facebook accounts. There are other collections. The numbers at the end of entries refer to the item number in the printed text in order to facilitate its reference.

This collection focuses on beneficence and excellence related to transactions and property.


Basic Transactions

Iḥsān in transactions includes:

  • Leniency when exchanging.
  • Truthfully describing items of exchange & their prices.
  • Leniency in describing the price.
  • Witnessing & writing if debt is involved. Writing contracts helps protect rights, reminds witness, prevents denial. Witnessing assists in obtaining & discharging rights.
  • Witnessing when both sides of the exchange involve non-monetary goods.
  • Always avoiding things that are dubious.
  • Always avoiding things disputed between scholars.
  • Correct execution of the transaction.
  • Pointing out defects.
  • Giving extra when weighing or measuring.
  • That lenders who aren’t hurt allow debtors in hardship to postpone payment.
  • Reducing debts of those stricken with a calamity.
  • Canceling a sale for a regretful buyer.
  • Not separating a mother from her young.
  • Not buying for the sake of hoarding.
  • Not frequently swearing oaths.
  • Not selling in the mosque. #iḥsānology
  • Not letting transactions distract you from carrying out obligatory duties (eg Friday Prayer). #iḥsānology [all of the above: 362]
  • Accepting defects in items you buy.
  • Canceling a sale if buyer regrets it or the price was excessive. #iḥsānology [last two: 377]

Lending & borrowing

A lender’s iḥsān includes:

  • Quickly, happily, and gladly accepting the request.
  • Delaying requiring its payment. #iḥsānology [363]

A borrower’s iḥsān includes:

  • Quickly paying off the debt.
  • Giving a little extra—provided is completely voluntarily & without stipulation. #iḥsānology [364]

Collatoral

Iḥsān when giving collateral includes:

  • Volunteering to put it up & handing it over.
  • Ot being witnessed if used for benefit. #iḥsānology [365]

Iḥsān when holding collateral includes:

  • Allowing the owner to make use it.
  • Voiding collateral not accepted by all scholars.
  • Voiding collateral upon owner’s bankruptcy. #iḥsānology [366]

Guaranteeing payments & presence

A guarantor’s iḥsān includes:

  • Volunteering without being asked.
  • Not demanding compensation or reimbursement. #iḥsānology [369]

Iḥsān for the one being guaranteed includes: quickly paying things off before the guarantor is asked in his stead. #iḥsānology [369]

Iḥsān for one whose presence has been guaranteed: presenting himself before the guarantor is required to serve in his stead. #iḥsānology [369]

Reconciliation

Reconciliation offers many channels for iḥsān: gifting, absolving a debt, patience, rendering permissible, leniency. #iḥsānology [370]

Iḥsān towards neighbors includes:

  • Having permission before placing beams, adding raised extensions or drains, opening new doors.
  • Having permission before walking through their private property.
  • Not building higher or in such a way that one can see into his neighbor’s property. #iḥsānology [371]

Partnerships

Iḥsān towards partners includes:

  • Agreeing with everything that is beneficial and permissible.
  • Voluntarily developing, maintaining, managing & fixing shared properties & goods.
  • Complying if asked to liquidate & divide the shared properties & goods.
    • Not selling one’s share before getting their approval, & offering them a generous price #iḥsānology [372]

Iḥsān while working includes:

  • Exceeding bare minimum work & doing the best possible #iḥsānology [373]
  • Resting one’s animals; being gentle & not excessive in its load or speed; feeding it well #iḥsānology [373]

Rentals & employment

Iḥsān while renting includes:

  • Using the rental as intended without excess.
  • Avoiding dubious & questionable uses #iḥsānology [373]

Iḥsān while working includes:

  • Avoiding dubious & questionable transactions.
  • Voluntarily covering damages & refunds as an act of charity, in light of Q2:215 #iḥsānology [373]

Lent & borrowed goods & services

Iḥsān when lending goods & services includes

  • Lending if asked.
  • Not demanding its return before the borrower is done #iḥsānology [378]

Lost items

Iḥsān includes giving your best care & protection to items that belong to others regardless of your relationship to the owner #iḥsānology [374]

When you find a lost item:

  • Protect & announce it.
  • Manage it with its owner’s interests in mind.
  • Have witnesses & proof of above #iḥsānology [375]

Deliver borrowed or owed items to their owner whenever & wherever they ask—even if neither are specifically obligatory. #iḥsānology [379]

Quickly announce lost items, whether you come upon them or the wind (or water) brings them upon you. #iḥsānology [379]

If the owner of a borrowed items passes away, inform the inheritors (or trusty authorities) & continue to care for it. #iḥsānology [379]

Wrongfully taken property

Thieves: return stolen goods immediately; reimburse, even amounts that are open to dispute. #iḥsānology [380]

Relinquish your claim to goods of dubious or contested ownership. #iḥsānology [380]

Victims of theft:

  • Kindly ask for its return, absolve its taker of reimbursing for use & growth.
  • If the taker may have a justification for taking the item, let them own it & relinquish your claim. #iḥsānology [380]

Judges: returning stolen goods to their rightful owners is iḥsān to both owners and thieves. #iḥsānology [380]

Foundlings

Foundlings…

  • Must be cared for without delay; report having found it; care for & nurture it.
  • Must be fed & cared however is appropriate to their needs. Safeguard their lineage (if known), freedom & religion #iḥsānology [381]