Aqeedah and Fiqh
Using Pirated Software For Dawah Purposes
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SaqibSaabThe debate for copyrights amongst Muslims usually rears its head in regards to the dissemination of Islamic books, CD’s, and other materials. Do the authors have a right to make money off of it, or should the knowledge be free?
Stepping back from a Fiqh point of view, I would rather focus on just evaluating what is available in the marketplace here in the West. Are copyrights severely hindering the free-flow of Islamic knowledge? Or is the free-flow of knowledge impeding the ability of our du’aat and organizations to continue producing quality material?
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If we look at it objectively, regardless of our stance on copyrights, we should be doing what we can to support our book and CD companies producing material – otherwise where will they get the money to continue to benefit the ummah? I once asked an Imam about whether it was allowed to sell the mushaf or not. He replied that before, many of the ‘ulemma used to earn their living by hand-copying manuscripts of the Qur’an, so it would be unjust to then turn around and give it away, otherwise how else would they earn their living? We cannot expect people to give a ‘full-time’ and professional effort to our Ummah without being compensated accordingly.
I get annoyed at people who insist on breaking copyrights by uploading CD’s and books to the web out of claim that they are trying to spread knowledge.
First, there is already plenty of free material available. I do not think that such people have exhausted seeking knowledge with the many free resources available for both audio and Islamic articles and books online. Second, for people who are sincere in seeking something, insha’Allah Allah(swt) will make for them a way to get that knowledge without having to break the law. And if you deem copyrights to be legit in the shari’ah (which according to most fatawa that seems to be the case) then think about what kind of benefit one will gain from the knowledge if it is sought from illegitmate means.
For example, Islamtoday.com, Islam-qa.com, and many other websites have extremely detailed and educational articles – oftentimes better than what you may find in a book. There’s also many free lecture websites such as AudioIslam.com, Islamway, Islaam.com, JIMAS, and many others (not to mention YouTube). Many masjids and students of knowledge also have their own websites with plenty of audio and video available for free (check IISNA, Sh. Riad Ourzazi, and IIOC among others).
One solution for expensive CD’s could be to release them on MP3 via iTunes (sell a 16cd $60 set on mp3 for $20 or so), but that’s another post for another time.
Please refer here for more information on copyrights and intellectual property from a shari’ perspective.
Back to the main topic at hand though – software piracy. I wanted to post this guest submission because it is something that practically anyone with a computer has indulged in at one point or another. It’s something we take lightly, but we should be stringent about it especially since we have agreed to uphold one end of a contract. I also wanted to use this to drive home an important point:
If this is how Islam treats the rights of intellectual property, and breaking those rights is oppression – then think about how we must deal with the rights afforded to human life, to our families, to our brothers, sisters, and neighbors – especially the rights of those amongst whom we live.
The article on Software Piracy from SaqibSaab follows:
Using Pirated Software For Da‘wah Purposes
I have been pirating software since as far back I can remember. Whether it was a cracked full version of Wolfenstein 3D in 1993, or recently downloading the latest copy of Adobe Premiere Pro 2.0, I have always been able to get what I needed, alhumdulillah.
And I never actually thought twice about the issue; it was just the standard procedure. Need a copy of Dreamweaver? Ask that one brother who makes websites. Reformatted my hard drive and gotta install Microsoft Office? Call up so-and-so and get it for free. Feel like upgrading from Photoshop CS to CS2 just for fun?
Find a good torrent and have fun. Paying for software was never even a consideration.
So why is this a problem?
Because I have actually found this to be present amongst so many Muslims today, particularly those involved in Da‘wah work. Many of us blessed with making fliers, newsletters, PowerPoints, posters, videos and websites are helping out our Islamic organizations. The twist? We help out the Da‘wah using software that we can’t (read: don’t) pay for.
But let’s be fair for a second. Do you understand how expensive software is? Here’re the current prices reflected for the latest software that I pretty much use. In strikethrough is the MSRP and in bold is Amazon’s price.
Ouch! Two grand PLUS? That’s nuts!
Not until recently have I had an ethical dilemma concerning pirated software. After taking AlMaghrib Institute’s Rules of Engagement seminar (on Akhlaq and good Muslim character), I have been able to redefine my concept of how a Muslim should be just, upright, honorable, and an overall good person.
With regards to pirating software, I asked the instructor, Shaykh Mohammed Faqih, what’s the deal with Muslims pirating software. It was an obvious and expected answer, but I still made sure to ask. I also tried to look around the internet for some answers. SunniPath and IslamQA are both against it. In the end, it pretty much came down to the issue of agreeing to a copyright policy and stealing intellectual property.
The Prophet said “Anyone who wrongs a muaahat, (a non-Muslim who’s in a Muslim land with consent) or robs them, or over-burdens him/abuses him/exploits him, or takes any of his property away, I will stand against him [the oppressor] on the Day of Judgment.”
Arguments pop up here and there, but copyrights are still property; intellectual property. And when I or you or anyone else installs a copied version of Final Cut Pro, we not only tell the company that we agree to their terms and conditions, we then immediately break our agreements and then pretty much take a product that costs hundreds of dollars for free.
And the Prophet (peace and blessings of Allah be upon him) said: “The signs of the hypocrite are three: when he speaks he lies, when he makes a promise he breaks it, and when he is entrusted with something, he betrays that trust.” (Agreed upon; narrated from Abu Hurayrah)
I’m not writing this to judge or call out anybody here (besides myself, anyway). I just wanted to open up our minds a bit. From IslamQA:
The Muslim should not break his promise or covenant deceitfully or betray a
trust. Allaah says (interpretation of the meaning):“And fulfill (every) covenant. Verily, the covenant will be questioned about”
[al-Isra’ 17:34]
“O you who believe! Fulfill (your) obligations.” [al-Ma’ida 5:1]
A Muslim is someone who is an example of truthfulness and integrity. This was best reflected in the prophetic character of Muhammad (SAW); he was known in pre-Islamic Mecca as the most truthful and honest person anyone has ever met.
But how does his example in this regard play onto us? If we’re always trying to delve deeper into issues such as is the meat is Zabiha at the local Halal KFC, then I implore all of you to assess your practices regarding the use of
illegally copied software.
So you might be thinking, “okay, Mr. Genius, what now? I can’t afford 2Gs worth of software.” You’re absolutely right. It wouldn’t be enough for me to say all this and then not provide any solutions. Here are some options for all of us to consider.
Paying for software
Yeap. If you’re a college student, okay fine; it’s almost understandable. But knowing you, you go out to eat four times a week, spending about $8 per meal, $32 a week. If you were to save $32 a week for 10 weeks, you’d be well on your way to your own copy of Microsoft Office Pro 2007. Or just get a job.
Student discounts
This is what inspired me greatly to change my attitude regarding copying software. I was walking through Barnes & Noble at DePaul Loop campus and saw a poster for www.campusestore.com saying “Microsoft Office 2007 for only $84.98!” I was blown away and went straight to check out the prices. The software (and some hardware) on that site was REMARKABLY cheaper. If you’re a student, find out if your school bookstore has discounts on software. If you’re not a student, find a student and ask them to buy it for you. You may be able to buy your own copy and save yourself from guilt. Check it out.
Open Source Software
Usually it’s free, and more often than not, it’s better than the real deal. The shining light that exemplifies this is Mozilla Firefox. I used to blindly hate on version 1.0 and 1.5 just because they weren’t the “real deal”. But once I gave 2.0 a try, I found that I never wanna go back. For a piracy alternative example, try OpenOffice.org to replace copying Microsoft Office. I have it on my laptop and it works just as slick as Office, and even has a built-in PDF converter.
Conclusion
Maybe, just maybe, pirating software is wrong, and we might be held responsible for it. If not in this world, then maybe in the next, Allahu ‘Alim. Don’t take a mere weblog entry I wrote to court. Ask your trusted Shaykh or local Imam.
Know that there are other options besides pirating out there for you to consider. There is no doubt that software is insanely overpriced. I don’t expect anyone to shell out $2,000 up front to buy all the software that they’ve got downloaded on their computer. But you don’t have to pirate software. There are alternatives. And most of the people who read this only really use Microsoft Office. Just save up and buy yourself a copy or use OpenOffice.org or something.
May Allah (SWT) grant us the ability to become the most just and honest individuals in our communities, just as the Prophet (SAW) was. I just realized that now that I’ve written this entry, I have to face the facts… I’m broke as a joke!
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SaqibSaab is an average Desi Muslim guy living in Chicago. He enjoys videography and design as side hobbies, and helps out with AlMaghrib Institute in Chicago, Wasat Studios, and other projects here and there. His go-around vehicle is a 2007 Volkswagen Jetta 5-speed Wolfburg Edition. Originally born in Michigan, he and his wife reside in Chicagoland with his parents who come from Bangalore, India. He blogs personally at SaqibSaab.com.
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Iman
August 21, 2007 at 1:57 AM
“We cannot expect people to give a โfull-timeโ and professional effort to our Ummah without being compensated accordingly.”
This really hit home with me. If we can understand this collectively we drastically improve the quality of religious work and services being offered.
zfnd
August 21, 2007 at 2:07 AM
Another issue muslim communities everywhere seem to have an issue with, great job on the research, loved the post, excellent detail.
Like you mentioned, many times students don’t use their status to purchase software, those who need it can contact university students in their communites to use their status to buyr Office etc. Currently I belive Vista is $29 for students…
Besides being broke, college students can usually be bribed with a nice home-cooked meal!
abu ameerah
August 21, 2007 at 4:26 AM
@ibnabeeomar:
…deeeeep stuff…
Do you cringe when you see people “filesharing”?
LOL! : )
Ardit
August 21, 2007 at 7:25 AM
I believe that specially the islamic material shoudn’t be very expensive that very few can afford to buy. I see a lot of CD-s that i can’t buy them because they cost more than 60 dollar a package. Now, people should know that this CD-s does not replace a course ose a class they don’t have the full benefits that you can achieve in a class. So they shouldn’t cost the same price as the class. I respect the work of the shayouk and i believe they should get something form their work but i don’t believe that the prices should be that high. For example, Fiqh of Love, costs 65 dollar. Isn’t it too much. I have a problem with the muslim materials because the non muslim materials i can rent them to the local library. I think we should pay attenttion to this.
ma salama
Siraaj Muhammad
August 21, 2007 at 8:18 AM
I agree with what has been said about piracy in the article, and I believe books and lectures which are copyrighted should also not be distributed.
I think one way the problem can be alleviated is by cutting the cost of the product. For one company (who shall remain anonymous), each set with CDs and packaging out the door works out to be about $15, it’s sold to retailers at $35 – $40 / set (depending on quantity bought), and then it is sold at a whopping $64.99 / set to the general public.
Now, here’s the interesting part. When my group wanted to sell each set for a lower price (basically compete with other vendors), we were told we had to sign a contract saying we would do no such thing. Here’s my thing – what’s it to you if I lower my price? What if I don’t care about the profit, and am just happy to make up what I spent because I want the knowledge out there? This goes back to the nikaah concept. You can make it easy, or you can make it difficult on the people, and right now, many vendors are making it difficult on the people.
One solution I’ve heard from others is that rather than create these gi-normous CD sets of anywhere between 10 – 20 CDs, record everything in MP3 format to reduce costs and sell at a far cheaper price. Most people are using IPODs or some sort of MP3 player anyway.
Siraaj
PS – Irregardless is not a word :D
MR
August 21, 2007 at 8:30 AM
Long love torrents!
MR
August 21, 2007 at 8:43 AM
live*
aarij
August 21, 2007 at 9:00 AM
For me, the only issue is that of Islamic lectures. My question is: if the lectures are available for free on kalamullah.com or google or youtube and I know that they are not supposed to be there…yet I download/listen/benefit from them, am I sharing in the sin?
I do buy my share of lectures…recently I spent more than $300+ on lectures and books. But what of those lectures that are floating around the net? Am I sharing in the sin? Where’s Shaikh Yasir when you need him? :)
(Please say no!!)
As for software, Alhamdulillah, open source in any form is very acceptable for me. Personally, I don’t think I have any pirated software on my home machine. Windows, I got from the University. OpenOffice replaces MS Office (truth be told, as good as OO is, it can’t compete with MS Office…but it’s free!!). Firefox gives IE a big boot. Most Java SDKs are free (I’m a vim guy btw…yeah, extremely old-school). Audio/Video players on a computer are free…can’t really think of anything else that I use on my computer.
Pingback: You can’t stop piracy of Muslim media, but you can fight it! | Mujahideen Ryder's Blog
Amad
August 21, 2007 at 10:58 AM
This provides me a perfect opportunity to share a little story with the readers about the shop called “The Islamic Place” on 5225 Chestnut Street, Philadelphia, PA
I was there shopping with my family, along with Yasir and his family. As we started perusing the audio, I started seeing tons of boot-legged stuff. It was amusing when the guy started to deny it, Yasir told him that he was the book’s author, at which point he started saying how he is the innocent victim of distributors!
In any case, things got more interesting. I found a book on Qadiyanis stuck right in the middle of all the Aqeedah books from Ibn Taymiyyah, Abdul Wahhab, etc. This store carries ensembles and multimedia that caters mostly to the AA-salafi crowd, because of its proximity to the Germantown Masjid and its sister masajids.
I thought that this was a case of the owner’s ignorance about Qadiyanis, so I asked the guy (presumably the owner) about it, and as he started defending the book, and telling us that Qadianism is the only sect that is condemned by all other sects, so it must be right (consider the warped mentality)… Bottomline, we realized that this shop is owned by Qadiyanis.
And these hypocritical Qadiyanis are not ashamed of selling all the books that DIRECTLY and strongly contradict their faith, JUST for the sake of the mighty dollar. Finally, to make matters worse, Yasir’s little girl slipped, alarmed by the owner’s move towards her (to take her away from some picture frames). That led to one of the frames breaking and the dude insisted that we pay for it! So, this guy turns out to be a crooked combination of piracy-pusher, Qadiyani, and a complete jerk.
In any case, here’s the message:
AVOID “The Islamic Place” in Philadelphia
Don’t support the bootlegging that this guy is encouraging as well as supporting a shop that eventually may use the money to fund its own false creed of the liar, dajjal Mirza Ghulam Ahmad.
Umm Eesa
August 21, 2007 at 11:09 AM
Yeah “The Islamic Place” is a joke… unfortunately it is huge and one of the nicest Islamic stores in Philly. However, go right across the street to Muslim Fashion and you’ll find the owner to be a great Ahlul Sunnah guy masha Allah. The store is small but at least the owner is honest and doesn’t sell pirated literature, and doesn’t make you pay for damage that HE was responsible for!
Abu Muhammad
August 21, 2007 at 11:14 AM
Opensource is the way to go.
Plenty of high software out there now:
http://sourceforge.net/
ibnabeeomar
August 21, 2007 at 11:32 AM
yeah the mp3 solution would fix a lot of problems. muslims are empirically behind in these things – when the world went to cd’s we were still stuck in cassettes. when the world went to mp3 we made cd’s our standard. as people shift to hi-def dvd, blu-ray etc, we are still stuck with videos and dvd’s that dont play in 60% of household dvd players.
producing stuff straight to mp3 would save a LOT of money on production. you can still sell cd’s but supplement with mp3’s, its almost 100% profit. as soon as i buy a cd or cd set, i throw away all the fancy packaging and boxes and put the cds in an album. thats a big waste of production money.
fiqh of love could easily be sold as a whole course for 20 bucks on mp3… i hope emanrush ppl are reading this :)
Faraz
August 21, 2007 at 12:13 PM
Not only are there student discounts, many universities will also be part of academic licensing programs which allow students to download completely legal versions of professional software, or pay just a few dollars for shipping – and you can keep them just as legally after you graduate.
In university, I was able to obtain free, legal versions of:
– Windows XP SP2
– Microsoft Visual Studio .NET 2003
– Microsoft Visio Professional
– Microsoft Project Professional
– Corel WordPerfect Office
– Windows Server 2003
– Quartus II (FPGA Design)
… and a bunch of other things, through university academic licensing programs. Basically, companies like Microsoft don’t want you, impressionable students, to go try the free alternatives and then realize you can live without their products – so they give it to you for free now, so that you’ll become dependant on them. Yes, it’s for their own interests, but I just listed about $5,000 in software above which I got for $12 (just the cost of shipping original CD’s).
So take advantage of these programs! Too many people aren’t aware that they exist. If they don’t exist in your university yet, then talk to your University IT department about them – it’s a win-win situation. (For most engineering programs and computer science, try MSDNAA for most of the MS software you’ll need.)
Then there’s Linux, and the open-source software world – amazing stuff that will meet the needs of 95% of all your average computing needs. It’s simple enough now that you don’t need to be a computer expert to install and use it.
Halal Tube
August 21, 2007 at 1:48 PM
Don’t forget about us!
SaqibSaab
August 21, 2007 at 3:09 PM
Salaam alaykum,
Some interesting counterarguments I got from this article were as follows:
[1. The law of the land changes]
What if the law of the land differs from border to border? For example, in Canada, downloading mp3s is supposedly totally cool. So how could one use the law of the land as a base for why software piracy is wrong?
I would say that when you get into issues like media (mp3s, movies, games, etc.) you’re going to find some gray areas here and there. But with software piracy, it seems to be pretty clear (especially all throughout North America) that you’re supposed to pay for what you use.
[2. We can’t get by without the software – so use now and pay later]
For someone to at least have the intention to purchase the software they’ve been seamlessly pirated up until now, that’s really awesome. Gotta take things one step at a time iA.
As for “we absolutely need it and we can’t pay for it so we have to pirate it,” that doesn’t seem to hold much weight. Especially with all the options available that we mentioned already. Besides, for the vast majority of us out there, all we really *need* is Microsoft Office which you can grab at Best Buy for just $130.
[3. No copyright on knowledge in Islam]
So some people have issues with paying for Islamic lecture CDs. They say that it’s unfair to make us pay for knowledge. I think they’re right in their argument.
But at the same time, they’ve missed the point. We’re not paying for the knowledge; it’s been out their for free in the Halaqaat, from the Shuyookh and Imams, and online all for free. We’re paying for the presentation and packaging of that knowledge. And that’s what’s most important to realize in regards to the Muslim organizations out there providing the Ummah with these gems that are Islamic lecture CDs.
Also, it all goes back to the request of the Muslim production company you’re interacting with.
Some producers actually don’t mind if you copy CDs. Al-Huda International, the institute of Desi auntie phenomenon Dr. Farhat Hashmi, says on their website that they’re totally cool with us making copies of her CDs; and at the same time requests that we make a donation to them via their website if you do.
In the end, it’s just better to pay for CDs to support the Dawah to spread throughout the world, bi’ithniAllah.
Saqib
Faiez
August 21, 2007 at 3:28 PM
I wonder what the ruling is if your friend gives you an iPod, as a gift, full of lectures that you didn’t pay for? Does the brother who gave the lectures have to stop listening to them?
Abu Muhammad
August 21, 2007 at 9:29 PM
Here’s a site if you want to replace all your Microsoft stuff with open source free stuff, all high quality:
http://www.opensourcewindows.org/
Dana Robertson
July 25, 2011 at 3:50 PM
Gimp is just as good as Adobe Photoshop and is also free. If you needs are simple, Windows 7 gives you Windows live Photo for free also and is very easy to use. Use Linux if you don’t want t pay for Windows, it is now very easy to install.
Nasir
August 22, 2007 at 7:56 AM
Assalamu Alaikum,
Brother its sincere opinion that copyright is Haram. This opinion is proven from two points.
One is that the daees who are writing books and giving lectures are doing something obligatory upon them.
In Ibn Yaymiyyah essay on enjoining good and forbidding The shaykh says its haram to ask money in exchange for religous knowledge under any circumstances.
In page 23 of the english translation Shaykh Ibn Tay miyyah says,
“this verse has been used as grounds for adjudicating that asking for or recieving wages for the teaching of religous knowledge is HARAM. That is because the verse indicated that it is obligatory to undertake such teaching, and money recieved for it is considered payment for discharging an obligation which is HARAM.
This is also shown in the verse “Those who conceal Allahs revealations in the book, and purchase a small gain therewith..”
Ibn Taymiyyah continues “This clearly establishes that to charge for revealing, or concealing knowledge is prohibited. Allah verse “And purchase a small gain therewith” prohibits the receipt of payment in any form and under any circumstances in return for preaching.
And the second point is that the prophet saw forbid the conditioned sale.
In shariah there is a principle Haq of Tasarruf (the right of full disposal)
In a hadith in Sahih muslim and Bukhari its narrated that
aisha bought a servant and the sellers put a condition that she cannot sell the servant to anyone else afterwards except the original owners. the prophet (saw) told her not to obey it and said “any condition not in the book of Allah is batil,’ and in one narration aisha said ‘you were the one who told us to fulfil the conditions of our contracts’ and the prophet (saw) said, “except in what permits what Allah forbade or prohibits what Allah made halal.”
there is NO disagreement among the scholars that any condition that does not allow Haq ul Tasarruf is batil an example of this is for someone to sell his car with the condition that the buyer cannot drive it. Once he sells the car he cannot have any control over what the new owner does with his new car nor can he put conditions on his use of it, the hadith mentions that “the prophet (saw) forbade the conditioned sale.”
ibnabeeomar
August 22, 2007 at 1:10 PM
nasir, what do you make of the hadith that the best wage one can earn is that from teaching quran?
also – is it your premise then that selling qurans, or any other kinds of islamic books is not allowed then?
Dawud Israel
August 22, 2007 at 6:26 PM
Nasir is throwing the whole “scholars for dollars” discussion. That’s a separate discussion all-together.
Here is my counter-argument to this article.
http://muslimology.wordpress.com/2007/08/22/copy-rights-other-side/
Awaiting a response.
I like the library and iTunes ideas and I think they have strong potential for change but that now needs to be told to these Muslim multimedia groups. I trust the good folks at MM will ensure that is accomplished. :)
ibnabeeomar
August 23, 2007 at 2:15 PM
“Among the most lawful of payments that you accept is for the Book of Allaah.” Narrated by al-Bukhaari (5737)
from here:
http://islamqa.com/index.php?ref=82386&ln=eng
and
“The thing for which you most deserve to take payment is the Book of Allaah,” (narrated by al-Bukhaari)
http://islamqa.com/index.php?ln=eng&ds=qa&QR=20100
AnonyMouse
August 23, 2007 at 7:30 PM
The implications of saying that it’s haraam to accept money for teaching Islamic knowledge is HUGE.
Think about all the Islamic schools, the Imams and Shuyookh who’d all be DEAD BROKE if they weren’t paid for their efforts! Think about their families! Think about ME! (J/ k ;) )
Only issue I have is when things are waaaaay too expensive. Like the commentator above mentioned, the $60+ CD sets. OUCH.
Nasir
August 23, 2007 at 11:11 PM
What the Shaykh is talking about is that of concealing or withholding religious knowledge unless you are paid.
Shaykh yasir mentioned in class that his teachers in Medina if they were asked a question during a test period would give the students answers for fear of withholding knowledge.
And as Imam Ahmad said, “The majority of mistakes are made to incorrect Qiyas”
Theres a difference between someone working in an institution and is paid for his position and someone who withholds knowledge unless they are paid.
And personally sister anonymouse I think the ummah would be much better if the scholars weren’t receiving monthly wages from the government.
I apologize if I caused a misunderstanding, I thinks the meaning the Shaykh intended was somewhat lost during translation.
Abdullah Syed
August 23, 2007 at 11:45 PM
Saqib Bhai great article bratha. Can somebody please help me take down copyrighted audio from Kalamullah.com
Please email him inshaAllah and ask him to take down copyrighted stuff.
AnonyMouse
August 23, 2007 at 11:48 PM
I don’t mean government-paid; where I’m from the masaajid usually pay their imaams and shuyookh from the masjid funds.
Halal PC
February 8, 2010 at 1:11 PM
Thanks for a nice article. I’m going to start a onlne campaign on it and already start a website called halalpc.com to help the ummah. I have plane to collect all articles and things regarding this issue so interested to put your article there with ur name. If you have any problem…. please let me know.
Thanks.
SIFAN
October 9, 2010 at 10:04 AM
What should we do if money from software company is used for killing muslims, to destroy properties of muslim?
Sadaedost
May 24, 2012 at 4:33 AM
Hard to deny your opinion. Agreed
Sunnah Revive
October 28, 2013 at 5:18 PM
Jazakhallaahu Khayran 4 all, in .regard to alternate to licenced softwares
Zahid Bin Abdur Rouf
October 31, 2013 at 2:57 AM
Reference to hadith : about hypocrite :
Sahih al-Bukhari: Hadith 2749, In-book reference : Book 55, Chapter 8,Hadith 12.
http://www.sunnah.com/bukhari/55/12