Hadith al-Musarrat - Riwaya wa Diraya

Author died
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Editions
Islamic University of Madinah

Hadith al-Musarrat - Riwaya wa Diraya (The Hadith of the Musarrat: Transmission and Juristic Analysis) is a contemporary scholarly monograph written by Dr. Dheeb ibn Misri ibn Nasir al-Qahtani, dedicated to examining the prophetic narration concerning the sale of a musarrat animal across its textual transmissions and legal implications .

Overview and Subject Matter

The work investigates the legal and hadith-related dimensions of tasriyah—the practice of deliberately leaving a milk-bearing animal unmilked for several days prior to sale to mislead the purchaser regarding its regular milk yield . In Islamic law, the Prophet Muhammad ﷺ prohibited this practice and granted the deceived buyer the option either to retain the animal or to return it along with a sa' of dates as compensation for the milk consumed . The author notes that this ruling provides an equitable resolution designed to prevent deceit and settle disputes between buyers and sellers .

The treatise was published as an academic study in the journal of the Islamic University of Madinah .

Structure and Contents

In his introduction, al-Qahtani outlines the plan of the treatise into six core inquiries (mabahith), supported by the extraction and critical evaluation (takhrij, tashih, and tad'if) of the hadith's various transmission paths through Companions such as Abu Hurayrah, Abdullah ibn Umar, and Anas ibn Malik :

  1. Wording mentioning dates (al-tamr): Analysis of narrations specifying that a sa' of dates is to be returned with the animal .
  2. Wording mentioning food (al-ta'am): Examination of variant transmissions phrased in terms of staple food rather than dates explicitly .
  3. Duration of the option (muddat al-khiyar): Discussions on the three-day period granted for testing the animal's true milk capacity .
  4. Scholarly disagreement (khilaf al-'ulama'): The differing schools of thought regarding the ruling on returning the animal, including the majority opinion of Malik ibn Anas, al-Shafi'i, Ahmad ibn Hanbal, al-Layth ibn Sa'd, Ishaq ibn Rahawayh, Abu 'Ubayd al-Qasim ibn Sallam, and Abu Thawr who accepted and acted upon the hadith's apparent text .
  5. Scope of the ruling: Whether the rule applies strictly to camels and sheep/goats as stated in certain texts, or extends to other livestock such as cattle .
  6. Substitutes for dates: Whether providing a sa' of dates is mandatory in its specific substance, or whether alternative local staple foods or cash values may suffice .

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