828 — “Whoever spends the night on top of a house that has no protective parapet, then falls and dies, no liability rests for his death. And whoever sails upon the sea while it is turbulent and dies, no liability rests for his death.”

Aḥmad recorded it (4/79) through Muḥammad ibn Thābit, from Abū ʿImrān al-Jawnī, who said: “One of Muḥammad’s Companions narrated to me—and we had set out on a campaign toward Persia—that the Messenger of Allah, peace and blessings be upon him, said…” He then mentioned it.

I say: This chain of transmission is weak because of Muḥammad ibn Thābit, who was al-ʿAbdī al-Baṣrī. He was truthful, but weak in hadith, as stated in al-Taqrīb. He was contradicted by ʿAbbād ibn ʿAbbād, who narrated it from Abū ʿImrān al-Jawnī, from Zuhayr ibn ʿAbd Allāh, attributing it directly to the Prophet. Abū ʿUbayd recorded it in Gharīb al-Ḥadīth (fol. 47/2): “ʿAbbād ibn ʿAbbād narrated it to me,” through this chain. This ʿAbbād was Abū Muʿāwiyah al-Azdī al-Baṣrī. Al-Ḥāfiẓ said: “Trustworthy, though he sometimes erred.”

This chain appears to be disconnected. Aḥmad said: “Azhar narrated to us: Hishām al-Dastuwāʾī narrated to us, from Abū ʿImrān al-Jawnī, who said: ‘We were in Persia, and our commander was a man called Zuhayr ibn ʿAbd Allāh. He said: “A man narrated to me that the Prophet of Allah, peace and blessings be upon him, said…”’” He then mentioned it.

Then Aḥmad said (5/271): “ʿAbd al-Ṣamad narrated to us: Abān narrated to us: Abū ʿImrān narrated to us: Zuhayr ibn ʿAbd Allāh—who was governor of Tawwaj, and whom he praised—narrated from one of the Prophet’s Companions,” through this report.

I say: The narrations of al-Dastuwāʾī and Abān make clear that the reports of Muḥammad ibn Thābit and ʿAbbād contain a break in the chain, and that the correct version is that Zuhayr narrated the hadith from one of the Prophet’s Companions, peace and blessings be upon him.