In the name of Allah, the Most Gracious, the Most Merciful.
Ifadah Center
for Humanities Studies and Research
presents
The Abridged Sahih al-Bukhari
Chapter: What is mentioned regarding the sale of food and hoarding
On the authority of Tawus
from Ibn 'Abbas (may Allah be pleased with them both)
that the Messenger of Allah (peace be upon him)
forbade a man from selling food
until he has taken full possession of it.
I asked Ibn 'Abbas, "How is that?"
He replied, "That is like exchanging dirhams for dirhams,
while the food is deferred."
In another narration,
Ibn 'Abbas said,
"And I do not consider everything else to be any different."
Commentary on the hadith:
Hoarding (al-hukrah and al-ihtikar)
is withholding goods from sale
until their price rises.
"Until he has taken full possession of it"
means until he has taken delivery of it.
"Deferred" (murja')
means delayed or postponed.
From the benefits of the hadith:
It is derived from the hadith
that it is forbidden to sell what has not been received and taken into possession.
It also indicates that the method of taking possession varies for different items
according to their nature,
and according to the customs of people regarding them.
It also indicates that it is not permissible to sell an absent item for an immediate one.
On the authority of Malik Ibn 'Aws:
"I sought to exchange currency for one hundred dinars,
so Talhah Ibn 'Ubayd Allah called me,
and we negotiated until he accepted from me.
He took the gold, turning it over in his hand,
then said,
'Wait until my treasurer comes from al-Ghabah.'
'Umar was listening to this,
and he said,
'By Allah, you shall not leave him until you take [the exchange] from him.'
The Messenger of Allah (peace be upon him) said,
'Gold for gold is usury (riba),
unless it is hand-to-hand [immediate].
Wheat for wheat is usury,
unless it is hand-to-hand.
Barley for barley is usury,
unless it is hand-to-hand.
Dates for dates is usury,
unless it is hand-to-hand.'"
Commentary on the hadith:
"Sought" (iltamasa) means searched for.
"Currency exchange" (sarf)
The term 'sarf'
is the sale of one form of currency for another.
"We negotiated" (tarawadna)
means we discussed the amount of compensation in terms of increase or decrease.
"Treasurer" (khazin)
means the treasurer of my wealth.
"Al-Ghabah"
is a place with many trees in the outskirts of Medina.
"Gold for gold"
means the sale of gold for gold.
"Hand-to-hand" (ha'an wa ha')
means "take and give."
It implies taking possession of both items in the same session.
"Wheat" (burr) means grain.
From the benefits of the hadith:
It is derived from the hadith
that usury is forbidden in all its forms.
It also establishes the requirement of immediate exchange in the sale of usury-prone goods,
subject to the details provided by the jurists.
Chapter: One should not sell over the sale of his brother,
nor should he bid over the bid of his brother,
until he gives him permission or leaves it.
On the authority of 'Abdullah Ibn 'Umar (may Allah be pleased with them both),
that the Messenger of Allah (peace be upon him) said:
"None of you should sell over the sale of another,
and do not intercept goods until they are brought down to the market."
Commentary on the hadith:
"Bidding" (sawm)
is when the owner of the goods and the prospective buyer agree on a sale, but have not yet finalized the contract.
"Brought down" (yuhbat)
means to arrive and reach the market.
From the benefits of the hadith:
It is derived from the hadith
the kindness of the Shari'ah toward those arriving with goods,
and the consideration for the interests of the sellers.
It also contains a prohibition in transactions against anything that stirs up conflict, enmity, and hatred.
It also contains a prohibition against anything that causes harm to others.
On the authority of Abu Hurayrah (may Allah be pleased with him),
from the Prophet (peace be upon him) who said:
"A city dweller should not sell for a desert dweller,
do not practice najash (deceptive bidding),
and no one should outbid his brother's sale."
In another narration:
"A man should not sell [on behalf of another],
nor should he propose marriage over the proposal of his brother,
nor should a woman ask for the divorce of her sister to empty her vessel [of her husband's affection]."
"Desert dweller" (bad)
refers to one who lives in the desert.
"Do not practice najash"
Najash
is enticing people toward goods by praising them and raising their price
without the intention of buying.
It also applies to discouraging them from buying.
"To empty her vessel"
means to overturn it to empty it of her husband's favor by causing him to divorce her.
From the benefits of the hadith:
It is derived from the hadith
the prohibition of najash, uncertainty (gharar), and deception in sales.
It also contains a prohibition against competition that leads to severing ties.
Chapter: Auction sales
On the authority of Jabir Ibn 'Abdullah (may Allah be pleased with them both),
that a man emancipated a slave of his to be free after his death,
then he became in need,
so the Prophet (peace be upon him) took him and said,
"Who will buy him from me?"
So Nu'aym Ibn 'Abdullah bought him for such and such.
In another narration,
"For eight hundred dirhams,"
so he handed him over to him.
In another narration,
Jabir said,
"A Coptic slave,"
[who had not worked before].
Commentary on the hadith:
Auction sale
is when one person offers a price for an item,
then another offers more than him,
until the sale goes to the highest bidder.
"A man"
is Abu Madhkur al-Ansari (may Allah be pleased with him).
"A slave"
whose name was Ya'qub.
"To be free after his death" (an dubur)
means he said,
"You are free after I die."
"For such and such"
means for eight hundred dirhams,
though it has been said otherwise.
"So he handed him over to him"
means he gave him to him.
From the benefits of the hadith:
It is derived from the hadith
that when rights and virtues conflict,
the most pressing one takes precedence.
It also contains the rejection of the actions of one who gives away his wealth in charity
if there are outstanding rights attached to it.
Chapter: Najash (Deceptive Bidding)
And those who said that such a sale is not valid.
On the authority of Ibn 'Umar (may Allah be pleased with them both), who said:
The Prophet (peace be upon him) forbade najash.
Commentary on the hadith:
Najash
is enticing people toward goods or discouraging them from them.
From the benefits of the hadith:
It is derived from the hadith
the prohibition of deception in sales.
It also indicates that it is not permissible to auction an item with the intent to deceive.
Chapter: The sale of uncertainty (gharar) and the 'habal al-habalah'
On the authority of Nafi'
from 'Abdullah Ibn 'Umar (may Allah be pleased with them both),
that the Messenger of Allah (peace be upon him) forbade the sale of 'habal al-habalah'.
It was a sale practiced by the people of the Jahiliyyah;
a man would buy a camel to be delivered when the she-camel gives birth,
and then the one in its womb gives birth.
Commentary on the hadith:
The sale of gharar is the sale of risk,
which is ignorance regarding the price or the item.
It has many forms.
"It was a sale"
This explanation is from the words of Nafi'.
Some said it is from the words of Ibn 'Umar (may Allah be pleased with them both).
"Camel" (jazur) means the she-camel.
"Gives birth" (tuntij) means to deliver.
From the benefits of the hadith:
It is derived from the hadith
that it is not permissible to sell what is non-existent or unknown.
It also indicates that unknown timeframes are not permissible in sales and contracts.
Chapter: The prohibition against the seller leaving milk in the udders of camels, cows, and sheep, and all forms of 'muhaffalah' (deceptive milking).
On the authority of 'Abdullah Ibn Mas'ud (may Allah be pleased with him), who said:
"Whoever buys a 'muhaffalah' (deceptively milked) sheep and returns it,
let him return with it a sa' of dates."
And the Prophet (peace be upon him) forbade intercepting goods [before they reach the market].
Commentary on the hadith:
"Muhaffalah" means they left the milk in the udder of the sheep until it accumulated.
"Returns it" means to the seller.
From the benefits of the hadith:
It is derived from the hadith
the prohibition of fraud and deception in sales.
It also contains the kindness of the Shari'ah toward those arriving with goods,
and the consideration for the interests of the sellers.
On the authority of Abu Hurayrah (may Allah be pleased with him),
that the Messenger of Allah (peace be upon him) said:
"Do not intercept the riders [bringing goods],
do not sell over the sale of another,
Do not engage in najash (bidding up prices without the intent to buy).
A city dweller must not sell on behalf of a desert dweller.
Do not tie up the udders of livestock (to deceive buyers).
In one narration:
Do not tie up the udders of camels or sheep.
Whoever buys such an animal has the better of two choices after milking it:
If he is satisfied with it, he may keep it.
If he is dissatisfied, he may return it along with a sa' of dates.
Commentary on the hadith:
Do not intercept the caravans (to buy goods before they reach the market).
Meaning: Do not go out to meet those bringing goods into the city.
This is to buy from them before they reach the market and learn the market price.
"Do not tie up the udders":
Meaning: Do not bind their teats or refrain from milking them for several days.
Until the milk accumulates in their udders.
"Whoever buys it": That is, whoever purchases the musarrah (the animal whose milk has been withheld).
"Has the better of two choices":
Meaning: He is given the option between two things.
"Keep it": Meaning he retains it and finalizes the sale.
"Dissatisfied": Meaning he is not pleased with it.
From the benefits of the hadith:
It is understood from the hadith:
The prohibition of competition that leads to severing ties.
It contains the prohibition of deception in sales and other matters.
It indicates that deception does not invalidate the essence of the contract.
Rather, it merely grants the right of option (khiyar).
Chapter: Selling a slave who commits adultery.
On the authority of Abu Hurayrah and Zayd ibn Khalid, may Allah be pleased with them both:
That the Messenger of Allah, peace be upon him,
Was asked about a slave woman if she commits adultery and has not been married (muhsan).
"If she commits adultery, then flog her."
In the narration of Abu Hurayrah, may Allah be pleased with him:
"And do not reproach her."
"Then if she commits adultery, flog her."
"Then if she commits adultery, sell her even for a rope of hair."
In the narration of Abu Hurayrah, may Allah be pleased with him:
"Even for a rope of hair."
In a narration, Ibn Shihab said:
"I do not know if it was after the third or fourth time."
Commentary on the hadith:
"And has not been married":
A woman is considered muhsan through Islam, chastity,
Freedom, and marriage.
The intended meaning here is marriage.
"For a rope of hair":
A zafir is a rope twisted from hair.
"Do not reproach her":
Tathrib is to blame and persist in rebuking.
The meaning is: Do not increase the prescribed punishment (hadd).
And do not harm her with words.
From the benefits of the hadith:
It is understood from the hadith:
The implementation of the hadd for adultery on slave women and male slaves.
It indicates that for one who repeats a heinous act,
There is no good in keeping them.
Chapter:
May a city dweller sell for a desert dweller without a fee?
And may he assist or advise him?
On the authority of Tawus,
From Ibn Abbas, may Allah be pleased with them both, who said:
The Messenger of Allah, peace be upon him, said:
"Do not intercept the caravans."
"And a city dweller must not sell for a desert dweller."
He said:
I asked Ibn Abbas:
"What is the meaning of 'a city dweller must not sell for a desert dweller'?"
He said:
"He should not act as a broker for him."
Commentary on the hadith:
"Broker" (simsar):
Meaning a middleman.
A simsar, in its origin,
Is one who manages an affair and guards it.
Then it was used for one who handles buying and selling for another.
And the meaning of:
That he sells for him for a fee.
From the benefits of the hadith:
It is understood from the hadith:
The kindness of the Shari'ah toward those arriving with goods.
And consideration for the interests of the owners of the goods.
It includes leaving people to provide for one another through Allah's bounty.
Chapter: Whoever disliked that a city dweller sells for a desert dweller for a fee.
On the authority of Abdullah ibn Umar, may Allah be pleased with them both, who said:
The Messenger of Allah, peace be upon him, forbade that a city dweller sells for a desert dweller.
Chapter:
A city dweller must not buy through brokerage.
On the authority of Anas ibn Malik, may Allah be pleased with him, who said:
We were forbidden that a city dweller sells for a desert dweller.
Commentary on the hadith:
"Desert dweller" (badi):
Meaning one who lives in the desert.
The intended meaning is anyone who comes from outside the market.
From the benefits of the hadith:
It is understood from the hadith:
The prohibition of what prevents people from benefiting from one another.
It indicates that the Companion's statement "We were forbidden"
Has the status of a ruling attributed to the Prophet (marfu').
Chapter: Selling raisins for raisins,
And food for food.
On the authority of Ibn Umar, may Allah be pleased with them both:
That the Prophet, peace be upon him,
Forbade muzabanah (the sale of unharvested fruit for harvested fruit).
He said:
And muzabanah is:
To sell fruit by measure (while still on the tree),
"If it increases, it is mine,
And if it decreases, it is against me."
Zayd ibn Thabit narrated to me:
The speaker is Ibn Umar, may Allah be pleased with them both.
In some narrations:
It is Nafi'.
That the Prophet, peace be upon him,
Granted a concession for 'araya (the sale of fresh dates for dried dates on the tree) by estimation.
In a narration:
He granted a concession after that for the sale of 'ariyya for fresh or dried dates.
And he did not grant a concession for anything else.
Commentary on the hadith:
"To sell fruit by measure":
Ibn Umar, may Allah be pleased with them both, explained it by saying:
To sell the fruit of one's orchard,
If it is dates, for dates by measure,
And if it is grapes, to sell it for raisins by measure,
And if it is grain, to sell it for food by measure.
And he forbade all of that.
"Granted a concession": Meaning he permitted it as an exception.
"In 'araya": The 'ariyya is:
A man giving a palm tree or two from his orchard for a year.
"By estimation":
This means estimating what is on the palm tree once it becomes dates.
The concession is to sell dates for fresh dates while still on the trees,
Under specific conditions.
From the benefits of the hadith:
It is understood from the hadith:
It is not permissible to sell fruit on the trees for dates,
Because of the lack of equality, thus riba enters into it.
'Araya is exempted due to people's need for it.
It includes the legitimacy of using expertise in estimation and the like.
Chapter: Selling gold for gold.
On the authority of Abu Bakrah, may Allah be pleased with him, who said:
The Messenger of Allah, peace be upon him, said:
"Do not sell gold for gold unless it is equal for equal,"
"And silver for silver unless it is equal for equal."
"And sell gold for silver,"
"And silver for gold, however you wish."
Commentary on the hadith:
"Equal for equal": Meaning equal and identical.
"However you wish":
Meaning it is permissible with a difference in quantity.
From the benefits of the hadith:
It is understood from the hadith:
That riba occurs in usurious goods that are of the same kind,
Through an increase in weight or a delay in time.
And that riba occurs in usurious goods that are of two different kinds,
Only in terms of delay (nasi'ah).
Chapter: Selling silver for silver.
On the authority of Abu Sa'id al-Khudri, may Allah be pleased with him:
That the Messenger of Allah, peace be upon him, said:
"Do not sell gold for gold unless it is like for like,"
"And do not make one exceed the other."
"Do not sell silver for silver unless it is like for like,"
"And do not make one exceed the other."
"And do not sell any of it that is absent for that which is present."
And on the authority of Abu Salih al-Zayyad:
That he heard Abu Sa'id al-Khudri, may Allah be pleased with him, say:
"A dinar for a dinar,"
"And a dirham for a dirham."
So I said to him:
"But Ibn Abbas does not say that."
Abu Sa'id said:
"I asked him and said:"
"Did you hear it from the Prophet, peace be upon him,"
"Or did you find it in the Book of Allah?"
He said:
"I do not say either of those."
"And you are more knowledgeable of the Messenger of Allah, peace be upon him, than I am."
"But Usamah informed me,"
"That the Prophet, peace be upon him, said:"
"There is no riba except in delay (nasi'ah)."
Commentary on the hadith:
"Like for like":
Meaning equal.
"Do not make one exceed" (tashiff):
The shaf of a dirham:
Is when it increases or decreases.
"Silver" (waraq):
Meaning silver.
"Do not sell any of it that is absent for that which is present":
The intended meaning of "absent" is deferred.
And "present" is that which is at hand.
"There is no riba except in delay":
The meaning is that when the kinds of usurious goods differ,
It is permissible to have a difference in quantity if it is hand-to-hand.
Riba only enters into it from the aspect of delay if it is not hand-to-hand.
From the benefits of the hadith:
It is understood from the hadith:
The prohibition of riba al-fadl (riba of excess) and riba al-nasi'ah (riba of delay).
It shows the humility the Companions, may Allah be pleased with them, possessed,
And their fairness toward one another,
And the recognition by some of them of the rights of others.
It contains the permissibility of scholarly debate.
It contains a clarification of the merit of Ibn 'Abbas, may Allah be pleased with them both.
And the recognition by the Companions, may Allah be pleased with them, of his status and worth.
Chapter: The Prohibition of Muzabanah Sale.
This is the sale of fresh fruit for dried dates.
And the sale of raisins for grapes.
And the sale of 'Araya.
On the authority of Abu Sa'id al-Khudri, may Allah be pleased with him.
That the Messenger of Allah, peace and blessings of Allah be upon him,
Forbade Muzabanah and Muhaqalah.
And Muzabanah is:
Buying fruit for dates while still on the palm trees.
And on the authority of Ibn 'Abbas, may Allah be pleased with them both, he said:
The Prophet, peace and blessings of Allah be upon him, forbade
Muhaqalah and Muzabanah.
Commentary on the hadith:
Muhaqalah is the sale of crops standing in the field
For dried grain before it has ripened.
From the benefits of the hadith:
It is derived from the hadith
That the prohibition of Muzabanah and Muhaqalah
Is because the measurement is unknown.
It is not known which of the two exchanged items is greater.
It contains the prohibition of Riba al-Fadl (interest of excess) and Riba al-Nasi'ah (interest of delay).
Chapter: Selling Fruit on Palm Trees for Gold or Silver.
On the authority of Abu Hurayrah, may Allah be pleased with him, he said:
The Prophet, peace and blessings of Allah be upon him, granted a concession
In the sale of 'Araya by estimating its value in dates,
For amounts less than five wasqs,
Or for five wasqs.
And on the authority of Sahl Ibn Abi Hathmah,
That the Messenger of Allah, peace and blessings of Allah be upon him,
Forbade the sale of fruit for dates.
In one narration, he forbade Muzabanah.
And he granted a concession for 'Araya to be sold by estimation,
So that its owners may eat it fresh.
Commentary on the hadith:
"Fruit" refers to the fresh dates existing on the trees.
Because the fruit, which is the fresh date,
Does not ripen well except on the trees.
"Less than five wasqs":
A wasq is sixty sa's.
And it is equivalent to approximately one hundred and fifty kilograms.
And five wasqs
Are equivalent to approximately seven hundred and fifty kilograms.
"Its owners," meaning the one who bought it.
From the benefits of the hadith:
It is derived from the hadith
The permissibility of 'Araya under its conditions due to people's need for it.
It contains that the purpose of permitting 'Araya is to fulfill a need,
Not for trade with the intention of profit.
That is why it was permitted for amounts less than five wasqs.
It contains that concessions are not to be extended or used as a basis for analogy.
This applies to matters where the Shari'ah has not indicated its underlying cause.
Chapter: If one wishes to sell dates for better dates.
On the authority of Abu Sa'id al-Khudri and Abu Hurayrah,
That the Messenger of Allah, peace and blessings of Allah be upon him,
Sent a man from the Ansar of Banu 'Adi,
And appointed him over Khaybar.
He came with high-quality (Janib) dates.
The Messenger of Allah, peace and blessings of Allah be upon him, said to him:
"Are all the dates of Khaybar like this?"
He said, "No, by Allah, O Messenger of Allah.
We buy one sa' for two sa's of mixed dates (Jam')."
In one narration: "For two sa's, and two sa's for three."
The Messenger of Allah, peace and blessings of Allah be upon him, said:
"Do not do that.
Rather, exchange like for like,
Or sell this (the mixed dates),
And buy with its proceeds from that (the high-quality dates)."
In one narration: "Do not do it.
Sell the mixed dates for dirhams,
Then buy high-quality dates with the dirhams."
And the same applies to the scale.
Commentary on the hadith:
Khaybar is a city located north of Medina.
It is approximately one hundred and sixty-five kilometers away from it.
"Janib" means high-quality dates.
"Jam'" is dates mixed from various types,
And it is not desirable.
"And the same applies to the scale,"
Meaning: the same ruling applies to the sale of items that are weighed.
From the benefits of the hadith:
The hadith contains the instruction of the Prophet, peace and blessings of Allah be upon him,
On how to avoid Riba.
By selling the item for dirhams,
And then buying that item with the dirhams.
It contains that all dates, despite their different types, are one category.
It is not permissible to have disparity in their sale.
It contains that invalid sales must be rescinded.
It contains being gentle with oneself regarding one's rights.
Chapter: Whoever sells palm trees that have been pollinated.
Or land that is planted, or under a lease.
On the authority of 'Abdullah Ibn 'Umar, may Allah be pleased with them both, he said:
I heard the Messenger of Allah, peace and blessings of Allah be upon him, say:
"Whoever buys palm trees after they have been pollinated,
Their fruit belongs to the seller,
Unless the buyer stipulates otherwise."
"And whoever buys a slave who has wealth,
His wealth belongs to the one who sold him,
Unless the buyer stipulates otherwise."
Commentary on the hadith:
"Abta'a" means bought.
"Tu'bar": pollination is the splitting and fertilization.
The meaning is splitting the spathe of the female palm tree,
To place inside it some of the pollen from the male palm tree.
"Al-mubta'" means the buyer.
From the benefits of the hadith:
It is derived from the hadith
The legitimacy of stipulating conditions in sales.
It contains that the sale of trees does not necessarily entail the sale of the fruit upon them,
Unless it is a condition or a customary practice.
Chapter: The Sale of Mukhadarah.
On the authority of Anas Ibn Malik, may Allah be pleased with him, he said:
The Messenger of Allah, peace and blessings of Allah be upon him,
Forbade Muhaqalah and Mukhadarah,
And Mulamasah, Munabadhah, and Muzabanah.
Commentary on the hadith:
"Mukhadarah"
Is the sale of fruits and grains while they are green before their ripeness is evident.
"Mulamasah"
Is touching a garment and selling it without looking at it.
It has various forms.
"Munabadhah"
Is for a man to throw his garment for sale before the other person turns it over or looks at it.
It has various forms.
From the benefits of the hadith:
It is derived from the hadith
It is not permissible to sell crops while green, except for what is fodder and the like.
It contains that if uncertainty (jahalah) affects the item being sold,
The contract is void.