1 00:00:00,080 --> 00:00:03,600 In the name of Allah, the Most Gracious, the Most Merciful. 2 00:00:04,339 --> 00:00:06,419 Ifadah Center 3 00:00:06,419 --> 00:00:09,619 for Humanities Studies and Research 4 00:00:09,619 --> 00:00:11,939 presents 5 00:00:11,939 --> 00:00:16,500 The Abridged Sahih al-Bukhari 6 00:00:16,500 --> 00:00:22,579 Chapter: What is mentioned regarding the sale of food and hoarding 7 00:00:22,579 --> 00:00:24,019 On the authority of Tawus 8 00:00:24,019 --> 00:00:27,140 from Ibn 'Abbas (may Allah be pleased with them both) 9 00:00:27,140 --> 00:00:30,420 that the Messenger of Allah (peace be upon him) 10 00:00:30,420 --> 00:00:32,979 forbade a man from selling food 11 00:00:32,979 --> 00:00:35,250 until he has taken full possession of it. 12 00:00:35,250 --> 00:00:38,770 I asked Ibn 'Abbas, "How is that?" 13 00:00:38,770 --> 00:00:42,450 He replied, "That is like exchanging dirhams for dirhams, 14 00:00:42,450 --> 00:00:45,140 while the food is deferred." 15 00:00:45,140 --> 00:00:46,500 In another narration, 16 00:00:46,500 --> 00:00:48,259 Ibn 'Abbas said, 17 00:00:48,259 --> 00:00:52,770 "And I do not consider everything else to be any different." 18 00:00:52,770 --> 00:00:56,219 Commentary on the hadith: 19 00:00:56,219 --> 00:00:58,299 Hoarding (al-hukrah and al-ihtikar) 20 00:00:58,299 --> 00:01:00,299 is withholding goods from sale 21 00:01:00,299 --> 00:01:03,090 until their price rises. 22 00:01:03,090 --> 00:01:04,849 "Until he has taken full possession of it" 23 00:01:04,849 --> 00:01:07,090 means until he has taken delivery of it. 24 00:01:07,090 --> 00:01:08,209 "Deferred" (murja') 25 00:01:08,209 --> 00:01:11,280 means delayed or postponed. 26 00:01:11,280 --> 00:01:14,719 From the benefits of the hadith: 27 00:01:14,719 --> 00:01:16,640 It is derived from the hadith 28 00:01:16,640 --> 00:01:20,719 that it is forbidden to sell what has not been received and taken into possession. 29 00:01:20,719 --> 00:01:23,519 It also indicates that the method of taking possession varies for different items 30 00:01:23,519 --> 00:01:26,239 according to their nature, 31 00:01:26,239 --> 00:01:29,629 and according to the customs of people regarding them. 32 00:01:29,629 --> 00:01:33,870 It also indicates that it is not permissible to sell an absent item for an immediate one. 33 00:01:36,099 --> 00:01:38,099 On the authority of Malik Ibn 'Aws: 34 00:01:38,099 --> 00:01:41,540 "I sought to exchange currency for one hundred dinars, 35 00:01:41,540 --> 00:01:44,420 so Talhah Ibn 'Ubayd Allah called me, 36 00:01:44,420 --> 00:01:47,780 and we negotiated until he accepted from me. 37 00:01:47,780 --> 00:01:50,900 He took the gold, turning it over in his hand, 38 00:01:50,900 --> 00:01:52,420 then said, 39 00:01:52,420 --> 00:01:55,620 'Wait until my treasurer comes from al-Ghabah.' 40 00:01:55,620 --> 00:01:57,780 'Umar was listening to this, 41 00:01:57,780 --> 00:01:59,060 and he said, 42 00:01:59,060 --> 00:02:02,900 'By Allah, you shall not leave him until you take [the exchange] from him.' 43 00:02:02,980 --> 00:02:06,739 The Messenger of Allah (peace be upon him) said, 44 00:02:06,739 --> 00:02:09,139 'Gold for gold is usury (riba), 45 00:02:09,139 --> 00:02:11,539 unless it is hand-to-hand [immediate]. 46 00:02:11,539 --> 00:02:13,939 Wheat for wheat is usury, 47 00:02:13,939 --> 00:02:16,340 unless it is hand-to-hand. 48 00:02:16,340 --> 00:02:18,900 Barley for barley is usury, 49 00:02:18,900 --> 00:02:21,300 unless it is hand-to-hand. 50 00:02:21,300 --> 00:02:23,620 Dates for dates is usury, 51 00:02:23,620 --> 00:02:26,669 unless it is hand-to-hand.'" 52 00:02:26,669 --> 00:02:30,030 Commentary on the hadith: 53 00:02:30,030 --> 00:02:32,590 "Sought" (iltamasa) means searched for. 54 00:02:32,590 --> 00:02:33,830 "Currency exchange" (sarf) 55 00:02:33,830 --> 00:02:34,830 The term 'sarf' 56 00:02:34,830 --> 00:02:38,060 is the sale of one form of currency for another. 57 00:02:38,060 --> 00:02:39,699 "We negotiated" (tarawadna) 58 00:02:39,699 --> 00:02:44,060 means we discussed the amount of compensation in terms of increase or decrease. 59 00:02:44,060 --> 00:02:45,180 "Treasurer" (khazin) 60 00:02:45,180 --> 00:02:47,259 means the treasurer of my wealth. 61 00:02:47,259 --> 00:02:48,539 "Al-Ghabah" 62 00:02:48,539 --> 00:02:52,780 is a place with many trees in the outskirts of Medina. 63 00:02:52,780 --> 00:02:54,620 "Gold for gold" 64 00:02:54,620 --> 00:02:57,219 means the sale of gold for gold. 65 00:02:57,219 --> 00:02:58,740 "Hand-to-hand" (ha'an wa ha') 66 00:02:58,740 --> 00:03:00,379 means "take and give." 67 00:03:00,379 --> 00:03:03,259 It implies taking possession of both items in the same session. 68 00:03:03,259 --> 00:03:06,259 "Wheat" (burr) means grain. 69 00:03:06,259 --> 00:03:09,740 From the benefits of the hadith: 70 00:03:09,740 --> 00:03:11,860 It is derived from the hadith 71 00:03:11,860 --> 00:03:15,219 that usury is forbidden in all its forms. 72 00:03:15,219 --> 00:03:19,460 It also establishes the requirement of immediate exchange in the sale of usury-prone goods, 73 00:03:19,460 --> 00:03:24,259 subject to the details provided by the jurists. 74 00:03:24,259 --> 00:03:27,139 Chapter: One should not sell over the sale of his brother, 75 00:03:27,139 --> 00:03:29,620 nor should he bid over the bid of his brother, 76 00:03:29,659 --> 00:03:33,060 until he gives him permission or leaves it. 77 00:03:33,060 --> 00:03:36,580 On the authority of 'Abdullah Ibn 'Umar (may Allah be pleased with them both), 78 00:03:36,580 --> 00:03:40,860 that the Messenger of Allah (peace be upon him) said: 79 00:03:40,860 --> 00:03:44,180 "None of you should sell over the sale of another, 80 00:03:44,180 --> 00:03:49,909 and do not intercept goods until they are brought down to the market." 81 00:03:49,909 --> 00:03:53,199 Commentary on the hadith: 82 00:03:53,199 --> 00:03:54,319 "Bidding" (sawm) 83 00:03:54,319 --> 00:03:59,560 is when the owner of the goods and the prospective buyer agree on a sale, but have not yet finalized the contract. 84 00:03:59,560 --> 00:04:01,060 "Brought down" (yuhbat) 85 00:04:01,060 --> 00:04:03,460 means to arrive and reach the market. 86 00:04:03,460 --> 00:04:07,120 From the benefits of the hadith: 87 00:04:07,819 --> 00:04:09,819 It is derived from the hadith 88 00:04:09,819 --> 00:04:12,659 the kindness of the Shari'ah toward those arriving with goods, 89 00:04:12,659 --> 00:04:15,780 and the consideration for the interests of the sellers. 90 00:04:15,780 --> 00:04:22,300 It also contains a prohibition in transactions against anything that stirs up conflict, enmity, and hatred. 91 00:04:22,850 --> 00:04:29,500 It also contains a prohibition against anything that causes harm to others. 92 00:04:29,500 --> 00:04:32,060 On the authority of Abu Hurayrah (may Allah be pleased with him), 93 00:04:32,060 --> 00:04:36,139 from the Prophet (peace be upon him) who said: 94 00:04:36,139 --> 00:04:38,819 "A city dweller should not sell for a desert dweller, 95 00:04:38,819 --> 00:04:40,819 do not practice najash (deceptive bidding), 96 00:04:40,819 --> 00:04:44,129 and no one should outbid his brother's sale." 97 00:04:44,129 --> 00:04:45,569 In another narration: 98 00:04:45,569 --> 00:04:47,939 "A man should not sell [on behalf of another], 99 00:04:48,019 --> 00:04:50,899 nor should he propose marriage over the proposal of his brother, 100 00:04:50,899 --> 00:04:56,850 nor should a woman ask for the divorce of her sister to empty her vessel [of her husband's affection]." 101 00:05:00,240 --> 00:05:01,360 "Desert dweller" (bad) 102 00:05:01,360 --> 00:05:04,079 refers to one who lives in the desert. 103 00:05:04,079 --> 00:05:05,959 "Do not practice najash" 104 00:05:05,959 --> 00:05:07,160 Najash 105 00:05:07,160 --> 00:05:11,920 is enticing people toward goods by praising them and raising their price 106 00:05:11,920 --> 00:05:14,120 without the intention of buying. 107 00:05:14,120 --> 00:05:17,680 It also applies to discouraging them from buying. 108 00:05:17,720 --> 00:05:20,079 "To empty her vessel" 109 00:05:20,079 --> 00:05:26,160 means to overturn it to empty it of her husband's favor by causing him to divorce her. 110 00:05:26,160 --> 00:05:29,800 From the benefits of the hadith: 111 00:05:29,800 --> 00:05:31,800 It is derived from the hadith 112 00:05:31,800 --> 00:05:35,920 the prohibition of najash, uncertainty (gharar), and deception in sales. 113 00:05:35,920 --> 00:05:42,740 It also contains a prohibition against competition that leads to severing ties. 114 00:05:42,740 --> 00:05:45,810 Chapter: Auction sales 115 00:05:45,810 --> 00:05:49,449 On the authority of Jabir Ibn 'Abdullah (may Allah be pleased with them both), 116 00:05:49,490 --> 00:05:53,250 that a man emancipated a slave of his to be free after his death, 117 00:05:53,250 --> 00:05:54,569 then he became in need, 118 00:05:54,569 --> 00:05:58,970 so the Prophet (peace be upon him) took him and said, 119 00:05:58,970 --> 00:06:01,329 "Who will buy him from me?" 120 00:06:01,329 --> 00:06:05,709 So Nu'aym Ibn 'Abdullah bought him for such and such. 121 00:06:05,709 --> 00:06:06,990 In another narration, 122 00:06:06,990 --> 00:06:09,509 "For eight hundred dirhams," 123 00:06:09,509 --> 00:06:11,779 so he handed him over to him. 124 00:06:11,779 --> 00:06:13,139 In another narration, 125 00:06:13,139 --> 00:06:14,699 Jabir said, 126 00:06:14,699 --> 00:06:16,740 "A Coptic slave," 127 00:06:16,740 --> 00:06:19,610 [who had not worked before]. 128 00:06:19,610 --> 00:06:23,050 Commentary on the hadith: 129 00:06:23,050 --> 00:06:24,769 Auction sale 130 00:06:24,769 --> 00:06:27,769 is when one person offers a price for an item, 131 00:06:27,769 --> 00:06:30,930 then another offers more than him, 132 00:06:30,930 --> 00:06:34,459 until the sale goes to the highest bidder. 133 00:06:34,459 --> 00:06:35,660 "A man" 134 00:06:35,660 --> 00:06:39,459 is Abu Madhkur al-Ansari (may Allah be pleased with him). 135 00:06:39,459 --> 00:06:40,660 "A slave" 136 00:06:40,660 --> 00:06:42,699 whose name was Ya'qub. 137 00:06:42,699 --> 00:06:44,019 "To be free after his death" (an dubur) 138 00:06:44,019 --> 00:06:45,620 means he said, 139 00:06:45,620 --> 00:06:48,339 "You are free after I die." 140 00:06:48,339 --> 00:06:50,100 "For such and such" 141 00:06:50,100 --> 00:06:52,339 means for eight hundred dirhams, 142 00:06:52,339 --> 00:06:54,500 though it has been said otherwise. 143 00:06:54,500 --> 00:06:56,259 "So he handed him over to him" 144 00:06:56,259 --> 00:06:59,009 means he gave him to him. 145 00:06:59,009 --> 00:07:02,810 From the benefits of the hadith: 146 00:07:02,810 --> 00:07:04,769 It is derived from the hadith 147 00:07:04,769 --> 00:07:08,050 that when rights and virtues conflict, 148 00:07:08,050 --> 00:07:09,970 the most pressing one takes precedence. 149 00:07:09,970 --> 00:07:13,250 It also contains the rejection of the actions of one who gives away his wealth in charity 150 00:07:13,250 --> 00:07:17,819 if there are outstanding rights attached to it. 151 00:07:17,819 --> 00:07:19,420 Chapter: Najash (Deceptive Bidding) 152 00:07:19,420 --> 00:07:23,410 And those who said that such a sale is not valid. 153 00:07:23,449 --> 00:07:26,889 On the authority of Ibn 'Umar (may Allah be pleased with them both), who said: 154 00:07:26,889 --> 00:07:31,980 The Prophet (peace be upon him) forbade najash. 155 00:07:31,980 --> 00:07:35,430 Commentary on the hadith: 156 00:07:35,430 --> 00:07:36,670 Najash 157 00:07:36,670 --> 00:07:41,579 is enticing people toward goods or discouraging them from them. 158 00:07:41,579 --> 00:07:45,220 From the benefits of the hadith: 159 00:07:45,220 --> 00:07:47,300 It is derived from the hadith 160 00:07:47,300 --> 00:07:50,300 the prohibition of deception in sales. 161 00:07:50,300 --> 00:07:57,250 It also indicates that it is not permissible to auction an item with the intent to deceive. 162 00:07:57,250 --> 00:08:01,220 Chapter: The sale of uncertainty (gharar) and the 'habal al-habalah' 163 00:08:01,220 --> 00:08:02,579 On the authority of Nafi' 164 00:08:02,579 --> 00:08:06,060 from 'Abdullah Ibn 'Umar (may Allah be pleased with them both), 165 00:08:06,060 --> 00:08:11,899 that the Messenger of Allah (peace be upon him) forbade the sale of 'habal al-habalah'. 166 00:08:11,899 --> 00:08:16,139 It was a sale practiced by the people of the Jahiliyyah; 167 00:08:16,139 --> 00:08:20,899 a man would buy a camel to be delivered when the she-camel gives birth, 168 00:08:20,899 --> 00:08:25,120 and then the one in its womb gives birth. 169 00:08:25,120 --> 00:08:28,860 Commentary on the hadith: 170 00:08:28,860 --> 00:08:32,019 The sale of gharar is the sale of risk, 171 00:08:32,019 --> 00:08:34,899 which is ignorance regarding the price or the item. 172 00:08:34,899 --> 00:08:37,600 It has many forms. 173 00:08:37,600 --> 00:08:39,320 "It was a sale" 174 00:08:39,320 --> 00:08:42,080 This explanation is from the words of Nafi'. 175 00:08:42,080 --> 00:08:47,419 Some said it is from the words of Ibn 'Umar (may Allah be pleased with them both). 176 00:08:47,419 --> 00:08:50,250 "Camel" (jazur) means the she-camel. 177 00:08:50,250 --> 00:08:53,210 "Gives birth" (tuntij) means to deliver. 178 00:08:53,210 --> 00:08:56,970 From the benefits of the hadith: 179 00:08:56,970 --> 00:08:58,970 It is derived from the hadith 180 00:08:59,009 --> 00:09:02,289 that it is not permissible to sell what is non-existent or unknown. 181 00:09:02,289 --> 00:09:09,409 It also indicates that unknown timeframes are not permissible in sales and contracts. 182 00:09:09,409 --> 00:09:16,769 Chapter: The prohibition against the seller leaving milk in the udders of camels, cows, and sheep, and all forms of 'muhaffalah' (deceptive milking). 183 00:09:16,769 --> 00:09:20,769 On the authority of 'Abdullah Ibn Mas'ud (may Allah be pleased with him), who said: 184 00:09:20,769 --> 00:09:24,610 "Whoever buys a 'muhaffalah' (deceptively milked) sheep and returns it, 185 00:09:24,610 --> 00:09:27,929 let him return with it a sa' of dates." 186 00:09:27,929 --> 00:09:33,620 And the Prophet (peace be upon him) forbade intercepting goods [before they reach the market]. 187 00:09:33,620 --> 00:09:36,889 Commentary on the hadith: 188 00:09:36,889 --> 00:09:42,629 "Muhaffalah" means they left the milk in the udder of the sheep until it accumulated. 189 00:09:42,629 --> 00:09:46,399 "Returns it" means to the seller. 190 00:09:46,399 --> 00:09:50,039 From the benefits of the hadith: 191 00:09:50,039 --> 00:09:52,039 It is derived from the hadith 192 00:09:52,039 --> 00:09:55,559 the prohibition of fraud and deception in sales. 193 00:09:55,559 --> 00:09:58,960 It also contains the kindness of the Shari'ah toward those arriving with goods, 194 00:09:59,000 --> 00:10:04,549 and the consideration for the interests of the sellers. 195 00:10:04,549 --> 00:10:07,190 On the authority of Abu Hurayrah (may Allah be pleased with him), 196 00:10:07,190 --> 00:10:11,429 that the Messenger of Allah (peace be upon him) said: 197 00:10:11,429 --> 00:10:13,870 "Do not intercept the riders [bringing goods], 198 00:10:13,870 --> 00:10:17,269 do not sell over the sale of another, 199 00:10:17,269 --> 00:10:19,230 Do not engage in najash (bidding up prices without the intent to buy). 200 00:10:19,230 --> 00:10:22,269 A city dweller must not sell on behalf of a desert dweller. 201 00:10:22,269 --> 00:10:24,789 Do not tie up the udders of livestock (to deceive buyers). 202 00:10:24,789 --> 00:10:26,230 In one narration: 203 00:10:26,230 --> 00:10:29,259 Do not tie up the udders of camels or sheep. 204 00:10:29,259 --> 00:10:34,580 Whoever buys such an animal has the better of two choices after milking it: 205 00:10:34,580 --> 00:10:37,059 If he is satisfied with it, he may keep it. 206 00:10:37,059 --> 00:10:42,139 If he is dissatisfied, he may return it along with a sa' of dates. 207 00:10:42,139 --> 00:10:45,559 Commentary on the hadith: 208 00:10:45,559 --> 00:10:47,759 Do not intercept the caravans (to buy goods before they reach the market). 209 00:10:47,759 --> 00:10:51,799 Meaning: Do not go out to meet those bringing goods into the city. 210 00:10:51,799 --> 00:10:56,710 This is to buy from them before they reach the market and learn the market price. 211 00:10:56,710 --> 00:10:58,389 "Do not tie up the udders": 212 00:10:58,389 --> 00:11:02,149 Meaning: Do not bind their teats or refrain from milking them for several days. 213 00:11:02,149 --> 00:11:05,590 Until the milk accumulates in their udders. 214 00:11:05,590 --> 00:11:09,659 "Whoever buys it": That is, whoever purchases the musarrah (the animal whose milk has been withheld). 215 00:11:09,659 --> 00:11:11,779 "Has the better of two choices": 216 00:11:11,779 --> 00:11:14,450 Meaning: He is given the option between two things. 217 00:11:14,450 --> 00:11:19,250 "Keep it": Meaning he retains it and finalizes the sale. 218 00:11:19,250 --> 00:11:23,200 "Dissatisfied": Meaning he is not pleased with it. 219 00:11:23,200 --> 00:11:26,610 From the benefits of the hadith: 220 00:11:26,610 --> 00:11:28,730 It is understood from the hadith: 221 00:11:28,769 --> 00:11:32,809 The prohibition of competition that leads to severing ties. 222 00:11:32,809 --> 00:11:36,529 It contains the prohibition of deception in sales and other matters. 223 00:11:36,529 --> 00:11:40,210 It indicates that deception does not invalidate the essence of the contract. 224 00:11:40,210 --> 00:11:44,830 Rather, it merely grants the right of option (khiyar). 225 00:11:44,830 --> 00:11:48,100 Chapter: Selling a slave who commits adultery. 226 00:11:48,100 --> 00:11:52,860 On the authority of Abu Hurayrah and Zayd ibn Khalid, may Allah be pleased with them both: 227 00:11:52,860 --> 00:11:55,860 That the Messenger of Allah, peace be upon him, 228 00:11:55,860 --> 00:11:59,779 Was asked about a slave woman if she commits adultery and has not been married (muhsan). 229 00:12:00,779 --> 00:12:03,620 "If she commits adultery, then flog her." 230 00:12:03,620 --> 00:12:06,899 In the narration of Abu Hurayrah, may Allah be pleased with him: 231 00:12:06,899 --> 00:12:09,700 "And do not reproach her." 232 00:12:09,700 --> 00:12:12,700 "Then if she commits adultery, flog her." 233 00:12:12,700 --> 00:12:17,340 "Then if she commits adultery, sell her even for a rope of hair." 234 00:12:17,340 --> 00:12:20,659 In the narration of Abu Hurayrah, may Allah be pleased with him: 235 00:12:20,659 --> 00:12:23,740 "Even for a rope of hair." 236 00:12:23,740 --> 00:12:26,860 In a narration, Ibn Shihab said: 237 00:12:26,860 --> 00:12:30,730 "I do not know if it was after the third or fourth time." 238 00:12:30,970 --> 00:12:34,299 Commentary on the hadith: 239 00:12:34,299 --> 00:12:35,899 "And has not been married": 240 00:12:35,899 --> 00:12:39,659 A woman is considered muhsan through Islam, chastity, 241 00:12:39,659 --> 00:12:42,059 Freedom, and marriage. 242 00:12:42,059 --> 00:12:45,289 The intended meaning here is marriage. 243 00:12:45,289 --> 00:12:46,769 "For a rope of hair": 244 00:12:46,769 --> 00:12:50,870 A zafir is a rope twisted from hair. 245 00:12:50,870 --> 00:12:53,149 "Do not reproach her": 246 00:12:53,149 --> 00:12:57,509 Tathrib is to blame and persist in rebuking. 247 00:12:57,509 --> 00:13:00,470 The meaning is: Do not increase the prescribed punishment (hadd). 248 00:13:00,509 --> 00:13:03,570 And do not harm her with words. 249 00:13:03,570 --> 00:13:07,080 From the benefits of the hadith: 250 00:13:07,080 --> 00:13:09,120 It is understood from the hadith: 251 00:13:09,120 --> 00:13:13,000 The implementation of the hadd for adultery on slave women and male slaves. 252 00:13:13,000 --> 00:13:16,480 It indicates that for one who repeats a heinous act, 253 00:13:16,480 --> 00:13:21,009 There is no good in keeping them. 254 00:13:21,009 --> 00:13:22,049 Chapter: 255 00:13:22,049 --> 00:13:25,649 May a city dweller sell for a desert dweller without a fee? 256 00:13:25,649 --> 00:13:28,990 And may he assist or advise him? 257 00:13:28,990 --> 00:13:30,389 On the authority of Tawus, 258 00:13:30,389 --> 00:13:34,070 From Ibn Abbas, may Allah be pleased with them both, who said: 259 00:13:34,070 --> 00:13:37,750 The Messenger of Allah, peace be upon him, said: 260 00:13:37,750 --> 00:13:40,190 "Do not intercept the caravans." 261 00:13:40,190 --> 00:13:43,299 "And a city dweller must not sell for a desert dweller." 262 00:13:43,299 --> 00:13:44,299 He said: 263 00:13:44,299 --> 00:13:46,379 I asked Ibn Abbas: 264 00:13:46,379 --> 00:13:50,220 "What is the meaning of 'a city dweller must not sell for a desert dweller'?" 265 00:13:50,220 --> 00:13:51,259 He said: 266 00:13:51,259 --> 00:13:54,750 "He should not act as a broker for him." 267 00:13:54,750 --> 00:13:58,139 Commentary on the hadith: 268 00:13:58,139 --> 00:13:59,580 "Broker" (simsar): 269 00:13:59,580 --> 00:14:01,379 Meaning a middleman. 270 00:14:01,419 --> 00:14:03,220 A simsar, in its origin, 271 00:14:03,220 --> 00:14:06,259 Is one who manages an affair and guards it. 272 00:14:06,259 --> 00:14:10,220 Then it was used for one who handles buying and selling for another. 273 00:14:10,220 --> 00:14:11,419 And the meaning of: 274 00:14:11,419 --> 00:14:14,500 That he sells for him for a fee. 275 00:14:14,500 --> 00:14:18,330 From the benefits of the hadith: 276 00:14:18,330 --> 00:14:20,450 It is understood from the hadith: 277 00:14:20,450 --> 00:14:23,169 The kindness of the Shari'ah toward those arriving with goods. 278 00:14:23,169 --> 00:14:26,490 And consideration for the interests of the owners of the goods. 279 00:14:26,490 --> 00:14:33,019 It includes leaving people to provide for one another through Allah's bounty. 280 00:14:33,059 --> 00:14:38,139 Chapter: Whoever disliked that a city dweller sells for a desert dweller for a fee. 281 00:14:38,139 --> 00:14:42,299 On the authority of Abdullah ibn Umar, may Allah be pleased with them both, who said: 282 00:14:42,299 --> 00:14:50,279 The Messenger of Allah, peace be upon him, forbade that a city dweller sells for a desert dweller. 283 00:14:50,279 --> 00:14:51,360 Chapter: 284 00:14:51,360 --> 00:14:55,669 A city dweller must not buy through brokerage. 285 00:14:55,669 --> 00:14:59,629 On the authority of Anas ibn Malik, may Allah be pleased with him, who said: 286 00:14:59,629 --> 00:15:03,950 We were forbidden that a city dweller sells for a desert dweller. 287 00:15:03,950 --> 00:15:07,259 Commentary on the hadith: 288 00:15:07,259 --> 00:15:08,539 "Desert dweller" (badi): 289 00:15:08,539 --> 00:15:11,019 Meaning one who lives in the desert. 290 00:15:11,019 --> 00:15:15,580 The intended meaning is anyone who comes from outside the market. 291 00:15:15,580 --> 00:15:19,220 From the benefits of the hadith: 292 00:15:19,220 --> 00:15:21,379 It is understood from the hadith: 293 00:15:21,379 --> 00:15:26,139 The prohibition of what prevents people from benefiting from one another. 294 00:15:26,139 --> 00:15:29,259 It indicates that the Companion's statement "We were forbidden" 295 00:15:29,259 --> 00:15:33,419 Has the status of a ruling attributed to the Prophet (marfu'). 296 00:15:33,419 --> 00:15:35,980 Chapter: Selling raisins for raisins, 297 00:15:36,139 --> 00:15:39,059 And food for food. 298 00:15:39,059 --> 00:15:41,860 On the authority of Ibn Umar, may Allah be pleased with them both: 299 00:15:41,860 --> 00:15:44,659 That the Prophet, peace be upon him, 300 00:15:44,659 --> 00:15:47,059 Forbade muzabanah (the sale of unharvested fruit for harvested fruit). 301 00:15:47,059 --> 00:15:48,100 He said: 302 00:15:48,100 --> 00:15:49,659 And muzabanah is: 303 00:15:49,659 --> 00:15:52,179 To sell fruit by measure (while still on the tree), 304 00:15:52,179 --> 00:15:53,860 "If it increases, it is mine, 305 00:15:53,860 --> 00:15:56,360 And if it decreases, it is against me." 306 00:15:56,360 --> 00:15:59,000 Zayd ibn Thabit narrated to me: 307 00:15:59,000 --> 00:16:02,480 The speaker is Ibn Umar, may Allah be pleased with them both. 308 00:16:02,480 --> 00:16:04,240 In some narrations: 309 00:16:04,240 --> 00:16:06,019 It is Nafi'. 310 00:16:06,059 --> 00:16:08,860 That the Prophet, peace be upon him, 311 00:16:08,860 --> 00:16:12,419 Granted a concession for 'araya (the sale of fresh dates for dried dates on the tree) by estimation. 312 00:16:12,419 --> 00:16:13,940 In a narration: 313 00:16:13,940 --> 00:16:19,220 He granted a concession after that for the sale of 'ariyya for fresh or dried dates. 314 00:16:19,220 --> 00:16:22,309 And he did not grant a concession for anything else. 315 00:16:22,309 --> 00:16:25,580 Commentary on the hadith: 316 00:16:25,580 --> 00:16:27,940 "To sell fruit by measure": 317 00:16:27,940 --> 00:16:31,740 Ibn Umar, may Allah be pleased with them both, explained it by saying: 318 00:16:31,740 --> 00:16:34,220 To sell the fruit of one's orchard, 319 00:16:34,259 --> 00:16:37,500 If it is dates, for dates by measure, 320 00:16:37,500 --> 00:16:42,019 And if it is grapes, to sell it for raisins by measure, 321 00:16:42,019 --> 00:16:46,100 And if it is grain, to sell it for food by measure. 322 00:16:46,100 --> 00:16:49,019 And he forbade all of that. 323 00:16:49,019 --> 00:16:53,139 "Granted a concession": Meaning he permitted it as an exception. 324 00:16:53,139 --> 00:16:56,019 "In 'araya": The 'ariyya is: 325 00:16:56,019 --> 00:17:01,970 A man giving a palm tree or two from his orchard for a year. 326 00:17:01,970 --> 00:17:03,490 "By estimation": 327 00:17:03,490 --> 00:17:08,329 This means estimating what is on the palm tree once it becomes dates. 328 00:17:08,329 --> 00:17:12,569 The concession is to sell dates for fresh dates while still on the trees, 329 00:17:12,569 --> 00:17:15,410 Under specific conditions. 330 00:17:15,410 --> 00:17:19,039 From the benefits of the hadith: 331 00:17:19,039 --> 00:17:21,160 It is understood from the hadith: 332 00:17:21,160 --> 00:17:24,920 It is not permissible to sell fruit on the trees for dates, 333 00:17:24,920 --> 00:17:28,950 Because of the lack of equality, thus riba enters into it. 334 00:17:28,950 --> 00:17:32,910 'Araya is exempted due to people's need for it. 335 00:17:32,910 --> 00:17:39,420 It includes the legitimacy of using expertise in estimation and the like. 336 00:17:39,420 --> 00:17:42,619 Chapter: Selling gold for gold. 337 00:17:42,619 --> 00:17:45,980 On the authority of Abu Bakrah, may Allah be pleased with him, who said: 338 00:17:45,980 --> 00:17:49,660 The Messenger of Allah, peace be upon him, said: 339 00:17:49,660 --> 00:17:54,779 "Do not sell gold for gold unless it is equal for equal," 340 00:17:54,779 --> 00:17:59,440 "And silver for silver unless it is equal for equal." 341 00:17:59,440 --> 00:18:01,599 "And sell gold for silver," 342 00:18:01,640 --> 00:18:05,940 "And silver for gold, however you wish." 343 00:18:05,940 --> 00:18:09,259 Commentary on the hadith: 344 00:18:09,259 --> 00:18:14,500 "Equal for equal": Meaning equal and identical. 345 00:18:14,500 --> 00:18:16,059 "However you wish": 346 00:18:16,059 --> 00:18:19,309 Meaning it is permissible with a difference in quantity. 347 00:18:19,309 --> 00:18:22,819 From the benefits of the hadith: 348 00:18:22,819 --> 00:18:25,059 It is understood from the hadith: 349 00:18:25,059 --> 00:18:30,299 That riba occurs in usurious goods that are of the same kind, 350 00:18:30,299 --> 00:18:34,380 Through an increase in weight or a delay in time. 351 00:18:34,380 --> 00:18:40,180 And that riba occurs in usurious goods that are of two different kinds, 352 00:18:40,180 --> 00:18:45,099 Only in terms of delay (nasi'ah). 353 00:18:45,099 --> 00:18:48,769 Chapter: Selling silver for silver. 354 00:18:48,769 --> 00:18:52,210 On the authority of Abu Sa'id al-Khudri, may Allah be pleased with him: 355 00:18:52,210 --> 00:18:56,450 That the Messenger of Allah, peace be upon him, said: 356 00:18:56,450 --> 00:19:00,970 "Do not sell gold for gold unless it is like for like," 357 00:19:01,009 --> 00:19:04,269 "And do not make one exceed the other." 358 00:19:04,269 --> 00:19:08,869 "Do not sell silver for silver unless it is like for like," 359 00:19:08,869 --> 00:19:12,339 "And do not make one exceed the other." 360 00:19:12,339 --> 00:19:16,539 "And do not sell any of it that is absent for that which is present." 361 00:19:16,539 --> 00:19:18,940 And on the authority of Abu Salih al-Zayyad: 362 00:19:18,940 --> 00:19:24,140 That he heard Abu Sa'id al-Khudri, may Allah be pleased with him, say: 363 00:19:24,140 --> 00:19:26,380 "A dinar for a dinar," 364 00:19:26,380 --> 00:19:28,819 "And a dirham for a dirham." 365 00:19:28,819 --> 00:19:30,339 So I said to him: 366 00:19:30,339 --> 00:19:33,380 "But Ibn Abbas does not say that." 367 00:19:33,380 --> 00:19:35,299 Abu Sa'id said: 368 00:19:35,299 --> 00:19:37,220 "I asked him and said:" 369 00:19:37,220 --> 00:19:41,140 "Did you hear it from the Prophet, peace be upon him," 370 00:19:41,140 --> 00:19:44,200 "Or did you find it in the Book of Allah?" 371 00:19:44,200 --> 00:19:45,319 He said: 372 00:19:45,319 --> 00:19:47,839 "I do not say either of those." 373 00:19:47,839 --> 00:19:53,000 "And you are more knowledgeable of the Messenger of Allah, peace be upon him, than I am." 374 00:19:53,000 --> 00:19:55,519 "But Usamah informed me," 375 00:19:55,519 --> 00:19:59,319 "That the Prophet, peace be upon him, said:" 376 00:19:59,319 --> 00:20:03,359 "There is no riba except in delay (nasi'ah)." 377 00:20:03,359 --> 00:20:06,680 Commentary on the hadith: 378 00:20:06,680 --> 00:20:08,680 "Like for like": 379 00:20:08,680 --> 00:20:10,759 Meaning equal. 380 00:20:10,759 --> 00:20:12,480 "Do not make one exceed" (tashiff): 381 00:20:12,480 --> 00:20:14,039 The shaf of a dirham: 382 00:20:14,039 --> 00:20:17,000 Is when it increases or decreases. 383 00:20:17,000 --> 00:20:18,039 "Silver" (waraq): 384 00:20:18,039 --> 00:20:19,710 Meaning silver. 385 00:20:19,710 --> 00:20:23,109 "Do not sell any of it that is absent for that which is present": 386 00:20:23,109 --> 00:20:25,630 The intended meaning of "absent" is deferred. 387 00:20:25,630 --> 00:20:28,309 And "present" is that which is at hand. 388 00:20:28,309 --> 00:20:31,029 "There is no riba except in delay": 389 00:20:31,029 --> 00:20:36,269 The meaning is that when the kinds of usurious goods differ, 390 00:20:36,269 --> 00:20:40,309 It is permissible to have a difference in quantity if it is hand-to-hand. 391 00:20:40,309 --> 00:20:46,519 Riba only enters into it from the aspect of delay if it is not hand-to-hand. 392 00:20:46,519 --> 00:20:50,130 From the benefits of the hadith: 393 00:20:50,130 --> 00:20:52,250 It is understood from the hadith: 394 00:20:52,250 --> 00:20:55,720 The prohibition of riba al-fadl (riba of excess) and riba al-nasi'ah (riba of delay). 395 00:20:55,759 --> 00:21:01,039 It shows the humility the Companions, may Allah be pleased with them, possessed, 396 00:21:01,039 --> 00:21:03,319 And their fairness toward one another, 397 00:21:03,319 --> 00:21:06,480 And the recognition by some of them of the rights of others. 398 00:21:06,480 --> 00:21:09,599 It contains the permissibility of scholarly debate. 399 00:21:09,599 --> 00:21:13,640 It contains a clarification of the merit of Ibn 'Abbas, may Allah be pleased with them both. 400 00:21:13,640 --> 00:21:20,700 And the recognition by the Companions, may Allah be pleased with them, of his status and worth. 401 00:21:20,700 --> 00:21:22,900 Chapter: The Prohibition of Muzabanah Sale. 402 00:21:22,900 --> 00:21:25,180 This is the sale of fresh fruit for dried dates. 403 00:21:25,180 --> 00:21:27,380 And the sale of raisins for grapes. 404 00:21:27,380 --> 00:21:30,230 And the sale of 'Araya. 405 00:21:30,230 --> 00:21:33,869 On the authority of Abu Sa'id al-Khudri, may Allah be pleased with him. 406 00:21:33,869 --> 00:21:36,910 That the Messenger of Allah, peace and blessings of Allah be upon him, 407 00:21:36,910 --> 00:21:40,619 Forbade Muzabanah and Muhaqalah. 408 00:21:40,619 --> 00:21:42,059 And Muzabanah is: 409 00:21:42,059 --> 00:21:46,279 Buying fruit for dates while still on the palm trees. 410 00:21:46,279 --> 00:21:50,319 And on the authority of Ibn 'Abbas, may Allah be pleased with them both, he said: 411 00:21:50,319 --> 00:21:53,039 The Prophet, peace and blessings of Allah be upon him, forbade 412 00:21:53,039 --> 00:21:56,789 Muhaqalah and Muzabanah. 413 00:21:56,789 --> 00:22:00,140 Commentary on the hadith: 414 00:22:00,140 --> 00:22:04,259 Muhaqalah is the sale of crops standing in the field 415 00:22:04,259 --> 00:22:07,920 For dried grain before it has ripened. 416 00:22:07,920 --> 00:22:11,490 From the benefits of the hadith: 417 00:22:11,490 --> 00:22:13,650 It is derived from the hadith 418 00:22:13,650 --> 00:22:16,890 That the prohibition of Muzabanah and Muhaqalah 419 00:22:16,890 --> 00:22:18,849 Is because the measurement is unknown. 420 00:22:18,849 --> 00:22:21,920 It is not known which of the two exchanged items is greater. 421 00:22:21,920 --> 00:22:27,660 It contains the prohibition of Riba al-Fadl (interest of excess) and Riba al-Nasi'ah (interest of delay). 422 00:22:27,660 --> 00:22:33,019 Chapter: Selling Fruit on Palm Trees for Gold or Silver. 423 00:22:33,019 --> 00:22:36,619 On the authority of Abu Hurayrah, may Allah be pleased with him, he said: 424 00:22:36,619 --> 00:22:39,539 The Prophet, peace and blessings of Allah be upon him, granted a concession 425 00:22:39,539 --> 00:22:43,140 In the sale of 'Araya by estimating its value in dates, 426 00:22:43,140 --> 00:22:45,779 For amounts less than five wasqs, 427 00:22:45,779 --> 00:22:48,640 Or for five wasqs. 428 00:22:48,640 --> 00:22:50,960 And on the authority of Sahl Ibn Abi Hathmah, 429 00:22:50,960 --> 00:22:54,039 That the Messenger of Allah, peace and blessings of Allah be upon him, 430 00:22:54,039 --> 00:22:57,180 Forbade the sale of fruit for dates. 431 00:22:57,220 --> 00:23:00,460 In one narration, he forbade Muzabanah. 432 00:23:00,460 --> 00:23:04,420 And he granted a concession for 'Araya to be sold by estimation, 433 00:23:04,420 --> 00:23:08,079 So that its owners may eat it fresh. 434 00:23:08,079 --> 00:23:11,460 Commentary on the hadith: 435 00:23:11,460 --> 00:23:15,900 "Fruit" refers to the fresh dates existing on the trees. 436 00:23:15,900 --> 00:23:18,339 Because the fruit, which is the fresh date, 437 00:23:18,339 --> 00:23:22,059 Does not ripen well except on the trees. 438 00:23:22,059 --> 00:23:24,299 "Less than five wasqs": 439 00:23:24,299 --> 00:23:27,380 A wasq is sixty sa's. 440 00:23:27,380 --> 00:23:31,660 And it is equivalent to approximately one hundred and fifty kilograms. 441 00:23:31,660 --> 00:23:33,259 And five wasqs 442 00:23:33,259 --> 00:23:38,279 Are equivalent to approximately seven hundred and fifty kilograms. 443 00:23:38,279 --> 00:23:42,079 "Its owners," meaning the one who bought it. 444 00:23:42,079 --> 00:23:45,680 From the benefits of the hadith: 445 00:23:45,680 --> 00:23:47,799 It is derived from the hadith 446 00:23:47,799 --> 00:23:52,680 The permissibility of 'Araya under its conditions due to people's need for it. 447 00:23:52,680 --> 00:23:56,880 It contains that the purpose of permitting 'Araya is to fulfill a need, 448 00:23:56,920 --> 00:23:59,400 Not for trade with the intention of profit. 449 00:23:59,400 --> 00:24:03,390 That is why it was permitted for amounts less than five wasqs. 450 00:24:03,390 --> 00:24:07,829 It contains that concessions are not to be extended or used as a basis for analogy. 451 00:24:07,829 --> 00:24:13,809 This applies to matters where the Shari'ah has not indicated its underlying cause. 452 00:24:13,809 --> 00:24:18,549 Chapter: If one wishes to sell dates for better dates. 453 00:24:18,549 --> 00:24:21,990 On the authority of Abu Sa'id al-Khudri and Abu Hurayrah, 454 00:24:21,990 --> 00:24:25,109 That the Messenger of Allah, peace and blessings of Allah be upon him, 455 00:24:25,109 --> 00:24:28,390 Sent a man from the Ansar of Banu 'Adi, 456 00:24:28,430 --> 00:24:30,910 And appointed him over Khaybar. 457 00:24:30,910 --> 00:24:33,589 He came with high-quality (Janib) dates. 458 00:24:33,589 --> 00:24:37,710 The Messenger of Allah, peace and blessings of Allah be upon him, said to him: 459 00:24:37,710 --> 00:24:40,670 "Are all the dates of Khaybar like this?" 460 00:24:40,670 --> 00:24:44,549 He said, "No, by Allah, O Messenger of Allah. 461 00:24:44,549 --> 00:24:48,789 We buy one sa' for two sa's of mixed dates (Jam')." 462 00:24:48,789 --> 00:24:54,279 In one narration: "For two sa's, and two sa's for three." 463 00:24:54,279 --> 00:24:58,039 The Messenger of Allah, peace and blessings of Allah be upon him, said: 464 00:24:58,039 --> 00:24:59,640 "Do not do that. 465 00:24:59,640 --> 00:25:02,440 Rather, exchange like for like, 466 00:25:02,440 --> 00:25:04,160 Or sell this (the mixed dates), 467 00:25:04,160 --> 00:25:07,400 And buy with its proceeds from that (the high-quality dates)." 468 00:25:07,400 --> 00:25:10,359 In one narration: "Do not do it. 469 00:25:10,359 --> 00:25:12,599 Sell the mixed dates for dirhams, 470 00:25:12,599 --> 00:25:15,960 Then buy high-quality dates with the dirhams." 471 00:25:15,960 --> 00:25:19,150 And the same applies to the scale. 472 00:25:19,150 --> 00:25:22,470 Commentary on the hadith: 473 00:25:22,470 --> 00:25:27,630 Khaybar is a city located north of Medina. 474 00:25:27,630 --> 00:25:33,210 It is approximately one hundred and sixty-five kilometers away from it. 475 00:25:33,210 --> 00:25:36,619 "Janib" means high-quality dates. 476 00:25:36,619 --> 00:25:41,539 "Jam'" is dates mixed from various types, 477 00:25:41,539 --> 00:25:43,779 And it is not desirable. 478 00:25:43,779 --> 00:25:45,859 "And the same applies to the scale," 479 00:25:45,859 --> 00:25:50,049 Meaning: the same ruling applies to the sale of items that are weighed. 480 00:25:50,049 --> 00:25:53,660 From the benefits of the hadith: 481 00:25:53,660 --> 00:25:57,259 The hadith contains the instruction of the Prophet, peace and blessings of Allah be upon him, 482 00:25:57,299 --> 00:25:59,980 On how to avoid Riba. 483 00:25:59,980 --> 00:26:02,539 By selling the item for dirhams, 484 00:26:02,539 --> 00:26:06,089 And then buying that item with the dirhams. 485 00:26:06,089 --> 00:26:11,049 It contains that all dates, despite their different types, are one category. 486 00:26:11,049 --> 00:26:14,369 It is not permissible to have disparity in their sale. 487 00:26:14,369 --> 00:26:18,089 It contains that invalid sales must be rescinded. 488 00:26:18,089 --> 00:26:23,569 It contains being gentle with oneself regarding one's rights. 489 00:26:23,569 --> 00:26:26,730 Chapter: Whoever sells palm trees that have been pollinated. 490 00:26:26,769 --> 00:26:31,130 Or land that is planted, or under a lease. 491 00:26:31,130 --> 00:26:35,369 On the authority of 'Abdullah Ibn 'Umar, may Allah be pleased with them both, he said: 492 00:26:35,369 --> 00:26:40,089 I heard the Messenger of Allah, peace and blessings of Allah be upon him, say: 493 00:26:40,089 --> 00:26:43,410 "Whoever buys palm trees after they have been pollinated, 494 00:26:43,410 --> 00:26:45,769 Their fruit belongs to the seller, 495 00:26:45,769 --> 00:26:48,960 Unless the buyer stipulates otherwise." 496 00:26:48,960 --> 00:26:52,039 "And whoever buys a slave who has wealth, 497 00:26:52,039 --> 00:26:54,400 His wealth belongs to the one who sold him, 498 00:26:54,400 --> 00:26:58,349 Unless the buyer stipulates otherwise." 499 00:26:58,349 --> 00:27:01,529 Commentary on the hadith: 500 00:27:01,529 --> 00:27:04,250 "Abta'a" means bought. 501 00:27:04,250 --> 00:27:09,250 "Tu'bar": pollination is the splitting and fertilization. 502 00:27:09,250 --> 00:27:13,170 The meaning is splitting the spathe of the female palm tree, 503 00:27:13,170 --> 00:27:17,440 To place inside it some of the pollen from the male palm tree. 504 00:27:17,440 --> 00:27:20,789 "Al-mubta'" means the buyer. 505 00:27:20,789 --> 00:27:24,240 From the benefits of the hadith: 506 00:27:24,279 --> 00:27:26,279 It is derived from the hadith 507 00:27:26,279 --> 00:27:29,359 The legitimacy of stipulating conditions in sales. 508 00:27:29,359 --> 00:27:34,440 It contains that the sale of trees does not necessarily entail the sale of the fruit upon them, 509 00:27:34,440 --> 00:27:40,079 Unless it is a condition or a customary practice. 510 00:27:40,079 --> 00:27:42,849 Chapter: The Sale of Mukhadarah. 511 00:27:42,849 --> 00:27:47,549 On the authority of Anas Ibn Malik, may Allah be pleased with him, he said: 512 00:27:47,549 --> 00:27:50,710 The Messenger of Allah, peace and blessings of Allah be upon him, 513 00:27:50,710 --> 00:27:53,630 Forbade Muhaqalah and Mukhadarah, 514 00:27:53,630 --> 00:27:58,519 And Mulamasah, Munabadhah, and Muzabanah. 515 00:27:58,519 --> 00:28:01,849 Commentary on the hadith: 516 00:28:01,849 --> 00:28:03,410 "Mukhadarah" 517 00:28:03,410 --> 00:28:08,910 Is the sale of fruits and grains while they are green before their ripeness is evident. 518 00:28:08,910 --> 00:28:10,470 "Mulamasah" 519 00:28:10,470 --> 00:28:13,990 Is touching a garment and selling it without looking at it. 520 00:28:13,990 --> 00:28:15,859 It has various forms. 521 00:28:15,859 --> 00:28:17,460 "Munabadhah" 522 00:28:17,460 --> 00:28:23,140 Is for a man to throw his garment for sale before the other person turns it over or looks at it. 523 00:28:23,180 --> 00:28:25,220 It has various forms. 524 00:28:25,220 --> 00:28:28,750 From the benefits of the hadith: 525 00:28:28,750 --> 00:28:30,910 It is derived from the hadith 526 00:28:30,910 --> 00:28:36,299 It is not permissible to sell crops while green, except for what is fodder and the like. 527 00:28:36,299 --> 00:28:40,259 It contains that if uncertainty (jahalah) affects the item being sold, 528 00:28:40,259 --> 00:28:41,700 The contract is void.