WEBVTT 00:00:00.080 --> 00:00:03.600 In the name of Allah, the Most Gracious, the Most Merciful. 00:00:04.339 --> 00:00:06.419 Ifadah Center 00:00:06.419 --> 00:00:09.619 for Humanities Studies and Research 00:00:09.619 --> 00:00:11.939 presents 00:00:11.939 --> 00:00:16.500 The Abridged Sahih al-Bukhari 00:00:16.500 --> 00:00:22.579 Chapter: What is mentioned regarding the sale of food and hoarding 00:00:22.579 --> 00:00:24.019 On the authority of Tawus 00:00:24.019 --> 00:00:27.140 from Ibn 'Abbas (may Allah be pleased with them both) 00:00:27.140 --> 00:00:30.420 that the Messenger of Allah (peace be upon him) 00:00:30.420 --> 00:00:32.979 forbade a man from selling food 00:00:32.979 --> 00:00:35.250 until he has taken full possession of it. 00:00:35.250 --> 00:00:38.770 I asked Ibn 'Abbas, "How is that?" 00:00:38.770 --> 00:00:42.450 He replied, "That is like exchanging dirhams for dirhams, 00:00:42.450 --> 00:00:45.140 while the food is deferred." 00:00:45.140 --> 00:00:46.500 In another narration, 00:00:46.500 --> 00:00:48.259 Ibn 'Abbas said, 00:00:48.259 --> 00:00:52.770 "And I do not consider everything else to be any different." 00:00:52.770 --> 00:00:56.219 Commentary on the hadith: 00:00:56.219 --> 00:00:58.299 Hoarding (al-hukrah and al-ihtikar) 00:00:58.299 --> 00:01:00.299 is withholding goods from sale 00:01:00.299 --> 00:01:03.090 until their price rises. 00:01:03.090 --> 00:01:04.849 "Until he has taken full possession of it" 00:01:04.849 --> 00:01:07.090 means until he has taken delivery of it. 00:01:07.090 --> 00:01:08.209 "Deferred" (murja') 00:01:08.209 --> 00:01:11.280 means delayed or postponed. 00:01:11.280 --> 00:01:14.719 From the benefits of the hadith: 00:01:14.719 --> 00:01:16.640 It is derived from the hadith 00:01:16.640 --> 00:01:20.719 that it is forbidden to sell what has not been received and taken into possession. 00:01:20.719 --> 00:01:23.519 It also indicates that the method of taking possession varies for different items 00:01:23.519 --> 00:01:26.239 according to their nature, 00:01:26.239 --> 00:01:29.629 and according to the customs of people regarding them. 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. 00:01:36.099 --> 00:01:38.099 On the authority of Malik Ibn 'Aws: 00:01:38.099 --> 00:01:41.540 "I sought to exchange currency for one hundred dinars, 00:01:41.540 --> 00:01:44.420 so Talhah Ibn 'Ubayd Allah called me, 00:01:44.420 --> 00:01:47.780 and we negotiated until he accepted from me. 00:01:47.780 --> 00:01:50.900 He took the gold, turning it over in his hand, 00:01:50.900 --> 00:01:52.420 then said, 00:01:52.420 --> 00:01:55.620 'Wait until my treasurer comes from al-Ghabah.' 00:01:55.620 --> 00:01:57.780 'Umar was listening to this, 00:01:57.780 --> 00:01:59.060 and he said, 00:01:59.060 --> 00:02:02.900 'By Allah, you shall not leave him until you take [the exchange] from him.' 00:02:02.980 --> 00:02:06.739 The Messenger of Allah (peace be upon him) said, 00:02:06.739 --> 00:02:09.139 'Gold for gold is usury (riba), 00:02:09.139 --> 00:02:11.539 unless it is hand-to-hand [immediate]. 00:02:11.539 --> 00:02:13.939 Wheat for wheat is usury, 00:02:13.939 --> 00:02:16.340 unless it is hand-to-hand. 00:02:16.340 --> 00:02:18.900 Barley for barley is usury, 00:02:18.900 --> 00:02:21.300 unless it is hand-to-hand. 00:02:21.300 --> 00:02:23.620 Dates for dates is usury, 00:02:23.620 --> 00:02:26.669 unless it is hand-to-hand.'" 00:02:26.669 --> 00:02:30.030 Commentary on the hadith: 00:02:30.030 --> 00:02:32.590 "Sought" (iltamasa) means searched for. 00:02:32.590 --> 00:02:33.830 "Currency exchange" (sarf) 00:02:33.830 --> 00:02:34.830 The term 'sarf' 00:02:34.830 --> 00:02:38.060 is the sale of one form of currency for another. 00:02:38.060 --> 00:02:39.699 "We negotiated" (tarawadna) 00:02:39.699 --> 00:02:44.060 means we discussed the amount of compensation in terms of increase or decrease. 00:02:44.060 --> 00:02:45.180 "Treasurer" (khazin) 00:02:45.180 --> 00:02:47.259 means the treasurer of my wealth. 00:02:47.259 --> 00:02:48.539 "Al-Ghabah" 00:02:48.539 --> 00:02:52.780 is a place with many trees in the outskirts of Medina. 00:02:52.780 --> 00:02:54.620 "Gold for gold" 00:02:54.620 --> 00:02:57.219 means the sale of gold for gold. 00:02:57.219 --> 00:02:58.740 "Hand-to-hand" (ha'an wa ha') 00:02:58.740 --> 00:03:00.379 means "take and give." 00:03:00.379 --> 00:03:03.259 It implies taking possession of both items in the same session. 00:03:03.259 --> 00:03:06.259 "Wheat" (burr) means grain. 00:03:06.259 --> 00:03:09.740 From the benefits of the hadith: 00:03:09.740 --> 00:03:11.860 It is derived from the hadith 00:03:11.860 --> 00:03:15.219 that usury is forbidden in all its forms. 00:03:15.219 --> 00:03:19.460 It also establishes the requirement of immediate exchange in the sale of usury-prone goods, 00:03:19.460 --> 00:03:24.259 subject to the details provided by the jurists. 00:03:24.259 --> 00:03:27.139 Chapter: One should not sell over the sale of his brother, 00:03:27.139 --> 00:03:29.620 nor should he bid over the bid of his brother, 00:03:29.659 --> 00:03:33.060 until he gives him permission or leaves it. 00:03:33.060 --> 00:03:36.580 On the authority of 'Abdullah Ibn 'Umar (may Allah be pleased with them both), 00:03:36.580 --> 00:03:40.860 that the Messenger of Allah (peace be upon him) said: 00:03:40.860 --> 00:03:44.180 "None of you should sell over the sale of another, 00:03:44.180 --> 00:03:49.909 and do not intercept goods until they are brought down to the market." 00:03:49.909 --> 00:03:53.199 Commentary on the hadith: 00:03:53.199 --> 00:03:54.319 "Bidding" (sawm) 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. 00:03:59.560 --> 00:04:01.060 "Brought down" (yuhbat) 00:04:01.060 --> 00:04:03.460 means to arrive and reach the market. 00:04:03.460 --> 00:04:07.120 From the benefits of the hadith: 00:04:07.819 --> 00:04:09.819 It is derived from the hadith 00:04:09.819 --> 00:04:12.659 the kindness of the Shari'ah toward those arriving with goods, 00:04:12.659 --> 00:04:15.780 and the consideration for the interests of the sellers. 00:04:15.780 --> 00:04:22.300 It also contains a prohibition in transactions against anything that stirs up conflict, enmity, and hatred. 00:04:22.850 --> 00:04:29.500 It also contains a prohibition against anything that causes harm to others. 00:04:29.500 --> 00:04:32.060 On the authority of Abu Hurayrah (may Allah be pleased with him), 00:04:32.060 --> 00:04:36.139 from the Prophet (peace be upon him) who said: 00:04:36.139 --> 00:04:38.819 "A city dweller should not sell for a desert dweller, 00:04:38.819 --> 00:04:40.819 do not practice najash (deceptive bidding), 00:04:40.819 --> 00:04:44.129 and no one should outbid his brother's sale." 00:04:44.129 --> 00:04:45.569 In another narration: 00:04:45.569 --> 00:04:47.939 "A man should not sell [on behalf of another], 00:04:48.019 --> 00:04:50.899 nor should he propose marriage over the proposal of his brother, 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]." 00:05:00.240 --> 00:05:01.360 "Desert dweller" (bad) 00:05:01.360 --> 00:05:04.079 refers to one who lives in the desert. 00:05:04.079 --> 00:05:05.959 "Do not practice najash" 00:05:05.959 --> 00:05:07.160 Najash 00:05:07.160 --> 00:05:11.920 is enticing people toward goods by praising them and raising their price 00:05:11.920 --> 00:05:14.120 without the intention of buying. 00:05:14.120 --> 00:05:17.680 It also applies to discouraging them from buying. 00:05:17.720 --> 00:05:20.079 "To empty her vessel" 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. 00:05:26.160 --> 00:05:29.800 From the benefits of the hadith: 00:05:29.800 --> 00:05:31.800 It is derived from the hadith 00:05:31.800 --> 00:05:35.920 the prohibition of najash, uncertainty (gharar), and deception in sales. 00:05:35.920 --> 00:05:42.740 It also contains a prohibition against competition that leads to severing ties. 00:05:42.740 --> 00:05:45.810 Chapter: Auction sales 00:05:45.810 --> 00:05:49.449 On the authority of Jabir Ibn 'Abdullah (may Allah be pleased with them both), 00:05:49.490 --> 00:05:53.250 that a man emancipated a slave of his to be free after his death, 00:05:53.250 --> 00:05:54.569 then he became in need, 00:05:54.569 --> 00:05:58.970 so the Prophet (peace be upon him) took him and said, 00:05:58.970 --> 00:06:01.329 "Who will buy him from me?" 00:06:01.329 --> 00:06:05.709 So Nu'aym Ibn 'Abdullah bought him for such and such. 00:06:05.709 --> 00:06:06.990 In another narration, 00:06:06.990 --> 00:06:09.509 "For eight hundred dirhams," 00:06:09.509 --> 00:06:11.779 so he handed him over to him. 00:06:11.779 --> 00:06:13.139 In another narration, 00:06:13.139 --> 00:06:14.699 Jabir said, 00:06:14.699 --> 00:06:16.740 "A Coptic slave," 00:06:16.740 --> 00:06:19.610 [who had not worked before]. 00:06:19.610 --> 00:06:23.050 Commentary on the hadith: 00:06:23.050 --> 00:06:24.769 Auction sale 00:06:24.769 --> 00:06:27.769 is when one person offers a price for an item, 00:06:27.769 --> 00:06:30.930 then another offers more than him, 00:06:30.930 --> 00:06:34.459 until the sale goes to the highest bidder. 00:06:34.459 --> 00:06:35.660 "A man" 00:06:35.660 --> 00:06:39.459 is Abu Madhkur al-Ansari (may Allah be pleased with him). 00:06:39.459 --> 00:06:40.660 "A slave" 00:06:40.660 --> 00:06:42.699 whose name was Ya'qub. 00:06:42.699 --> 00:06:44.019 "To be free after his death" (an dubur) 00:06:44.019 --> 00:06:45.620 means he said, 00:06:45.620 --> 00:06:48.339 "You are free after I die." 00:06:48.339 --> 00:06:50.100 "For such and such" 00:06:50.100 --> 00:06:52.339 means for eight hundred dirhams, 00:06:52.339 --> 00:06:54.500 though it has been said otherwise. 00:06:54.500 --> 00:06:56.259 "So he handed him over to him" 00:06:56.259 --> 00:06:59.009 means he gave him to him. 00:06:59.009 --> 00:07:02.810 From the benefits of the hadith: 00:07:02.810 --> 00:07:04.769 It is derived from the hadith 00:07:04.769 --> 00:07:08.050 that when rights and virtues conflict, 00:07:08.050 --> 00:07:09.970 the most pressing one takes precedence. 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 00:07:13.250 --> 00:07:17.819 if there are outstanding rights attached to it. 00:07:17.819 --> 00:07:19.420 Chapter: Najash (Deceptive Bidding) 00:07:19.420 --> 00:07:23.410 And those who said that such a sale is not valid. 00:07:23.449 --> 00:07:26.889 On the authority of Ibn 'Umar (may Allah be pleased with them both), who said: 00:07:26.889 --> 00:07:31.980 The Prophet (peace be upon him) forbade najash. 00:07:31.980 --> 00:07:35.430 Commentary on the hadith: 00:07:35.430 --> 00:07:36.670 Najash 00:07:36.670 --> 00:07:41.579 is enticing people toward goods or discouraging them from them. 00:07:41.579 --> 00:07:45.220 From the benefits of the hadith: 00:07:45.220 --> 00:07:47.300 It is derived from the hadith 00:07:47.300 --> 00:07:50.300 the prohibition of deception in sales. 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. 00:07:57.250 --> 00:08:01.220 Chapter: The sale of uncertainty (gharar) and the 'habal al-habalah' 00:08:01.220 --> 00:08:02.579 On the authority of Nafi' 00:08:02.579 --> 00:08:06.060 from 'Abdullah Ibn 'Umar (may Allah be pleased with them both), 00:08:06.060 --> 00:08:11.899 that the Messenger of Allah (peace be upon him) forbade the sale of 'habal al-habalah'. 00:08:11.899 --> 00:08:16.139 It was a sale practiced by the people of the Jahiliyyah; 00:08:16.139 --> 00:08:20.899 a man would buy a camel to be delivered when the she-camel gives birth, 00:08:20.899 --> 00:08:25.120 and then the one in its womb gives birth. 00:08:25.120 --> 00:08:28.860 Commentary on the hadith: 00:08:28.860 --> 00:08:32.019 The sale of gharar is the sale of risk, 00:08:32.019 --> 00:08:34.899 which is ignorance regarding the price or the item. 00:08:34.899 --> 00:08:37.600 It has many forms. 00:08:37.600 --> 00:08:39.320 "It was a sale" 00:08:39.320 --> 00:08:42.080 This explanation is from the words of Nafi'. 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). 00:08:47.419 --> 00:08:50.250 "Camel" (jazur) means the she-camel. 00:08:50.250 --> 00:08:53.210 "Gives birth" (tuntij) means to deliver. 00:08:53.210 --> 00:08:56.970 From the benefits of the hadith: 00:08:56.970 --> 00:08:58.970 It is derived from the hadith 00:08:59.009 --> 00:09:02.289 that it is not permissible to sell what is non-existent or unknown. 00:09:02.289 --> 00:09:09.409 It also indicates that unknown timeframes are not permissible in sales and contracts. 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). 00:09:16.769 --> 00:09:20.769 On the authority of 'Abdullah Ibn Mas'ud (may Allah be pleased with him), who said: 00:09:20.769 --> 00:09:24.610 "Whoever buys a 'muhaffalah' (deceptively milked) sheep and returns it, 00:09:24.610 --> 00:09:27.929 let him return with it a sa' of dates." 00:09:27.929 --> 00:09:33.620 And the Prophet (peace be upon him) forbade intercepting goods [before they reach the market]. 00:09:33.620 --> 00:09:36.889 Commentary on the hadith: 00:09:36.889 --> 00:09:42.629 "Muhaffalah" means they left the milk in the udder of the sheep until it accumulated. 00:09:42.629 --> 00:09:46.399 "Returns it" means to the seller. 00:09:46.399 --> 00:09:50.039 From the benefits of the hadith: 00:09:50.039 --> 00:09:52.039 It is derived from the hadith 00:09:52.039 --> 00:09:55.559 the prohibition of fraud and deception in sales. 00:09:55.559 --> 00:09:58.960 It also contains the kindness of the Shari'ah toward those arriving with goods, 00:09:59.000 --> 00:10:04.549 and the consideration for the interests of the sellers. 00:10:04.549 --> 00:10:07.190 On the authority of Abu Hurayrah (may Allah be pleased with him), 00:10:07.190 --> 00:10:11.429 that the Messenger of Allah (peace be upon him) said: 00:10:11.429 --> 00:10:13.870 "Do not intercept the riders [bringing goods], 00:10:13.870 --> 00:10:17.269 do not sell over the sale of another, 00:10:17.269 --> 00:10:19.230 Do not engage in najash (bidding up prices without the intent to buy). 00:10:19.230 --> 00:10:22.269 A city dweller must not sell on behalf of a desert dweller. 00:10:22.269 --> 00:10:24.789 Do not tie up the udders of livestock (to deceive buyers). 00:10:24.789 --> 00:10:26.230 In one narration: 00:10:26.230 --> 00:10:29.259 Do not tie up the udders of camels or sheep. 00:10:29.259 --> 00:10:34.580 Whoever buys such an animal has the better of two choices after milking it: 00:10:34.580 --> 00:10:37.059 If he is satisfied with it, he may keep it. 00:10:37.059 --> 00:10:42.139 If he is dissatisfied, he may return it along with a sa' of dates. 00:10:42.139 --> 00:10:45.559 Commentary on the hadith: 00:10:45.559 --> 00:10:47.759 Do not intercept the caravans (to buy goods before they reach the market). 00:10:47.759 --> 00:10:51.799 Meaning: Do not go out to meet those bringing goods into the city. 00:10:51.799 --> 00:10:56.710 This is to buy from them before they reach the market and learn the market price. 00:10:56.710 --> 00:10:58.389 "Do not tie up the udders": 00:10:58.389 --> 00:11:02.149 Meaning: Do not bind their teats or refrain from milking them for several days. 00:11:02.149 --> 00:11:05.590 Until the milk accumulates in their udders. 00:11:05.590 --> 00:11:09.659 "Whoever buys it": That is, whoever purchases the musarrah (the animal whose milk has been withheld). 00:11:09.659 --> 00:11:11.779 "Has the better of two choices": 00:11:11.779 --> 00:11:14.450 Meaning: He is given the option between two things. 00:11:14.450 --> 00:11:19.250 "Keep it": Meaning he retains it and finalizes the sale. 00:11:19.250 --> 00:11:23.200 "Dissatisfied": Meaning he is not pleased with it. 00:11:23.200 --> 00:11:26.610 From the benefits of the hadith: 00:11:26.610 --> 00:11:28.730 It is understood from the hadith: 00:11:28.769 --> 00:11:32.809 The prohibition of competition that leads to severing ties. 00:11:32.809 --> 00:11:36.529 It contains the prohibition of deception in sales and other matters. 00:11:36.529 --> 00:11:40.210 It indicates that deception does not invalidate the essence of the contract. 00:11:40.210 --> 00:11:44.830 Rather, it merely grants the right of option (khiyar). 00:11:44.830 --> 00:11:48.100 Chapter: Selling a slave who commits adultery. 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: 00:11:52.860 --> 00:11:55.860 That the Messenger of Allah, peace be upon him, 00:11:55.860 --> 00:11:59.779 Was asked about a slave woman if she commits adultery and has not been married (muhsan). 00:12:00.779 --> 00:12:03.620 "If she commits adultery, then flog her." 00:12:03.620 --> 00:12:06.899 In the narration of Abu Hurayrah, may Allah be pleased with him: 00:12:06.899 --> 00:12:09.700 "And do not reproach her." 00:12:09.700 --> 00:12:12.700 "Then if she commits adultery, flog her." 00:12:12.700 --> 00:12:17.340 "Then if she commits adultery, sell her even for a rope of hair." 00:12:17.340 --> 00:12:20.659 In the narration of Abu Hurayrah, may Allah be pleased with him: 00:12:20.659 --> 00:12:23.740 "Even for a rope of hair." 00:12:23.740 --> 00:12:26.860 In a narration, Ibn Shihab said: 00:12:26.860 --> 00:12:30.730 "I do not know if it was after the third or fourth time." 00:12:30.970 --> 00:12:34.299 Commentary on the hadith: 00:12:34.299 --> 00:12:35.899 "And has not been married": 00:12:35.899 --> 00:12:39.659 A woman is considered muhsan through Islam, chastity, 00:12:39.659 --> 00:12:42.059 Freedom, and marriage. 00:12:42.059 --> 00:12:45.289 The intended meaning here is marriage. 00:12:45.289 --> 00:12:46.769 "For a rope of hair": 00:12:46.769 --> 00:12:50.870 A zafir is a rope twisted from hair. 00:12:50.870 --> 00:12:53.149 "Do not reproach her": 00:12:53.149 --> 00:12:57.509 Tathrib is to blame and persist in rebuking. 00:12:57.509 --> 00:13:00.470 The meaning is: Do not increase the prescribed punishment (hadd). 00:13:00.509 --> 00:13:03.570 And do not harm her with words. 00:13:03.570 --> 00:13:07.080 From the benefits of the hadith: 00:13:07.080 --> 00:13:09.120 It is understood from the hadith: 00:13:09.120 --> 00:13:13.000 The implementation of the hadd for adultery on slave women and male slaves. 00:13:13.000 --> 00:13:16.480 It indicates that for one who repeats a heinous act, 00:13:16.480 --> 00:13:21.009 There is no good in keeping them. 00:13:21.009 --> 00:13:22.049 Chapter: 00:13:22.049 --> 00:13:25.649 May a city dweller sell for a desert dweller without a fee? 00:13:25.649 --> 00:13:28.990 And may he assist or advise him? 00:13:28.990 --> 00:13:30.389 On the authority of Tawus, 00:13:30.389 --> 00:13:34.070 From Ibn Abbas, may Allah be pleased with them both, who said: 00:13:34.070 --> 00:13:37.750 The Messenger of Allah, peace be upon him, said: 00:13:37.750 --> 00:13:40.190 "Do not intercept the caravans." 00:13:40.190 --> 00:13:43.299 "And a city dweller must not sell for a desert dweller." 00:13:43.299 --> 00:13:44.299 He said: 00:13:44.299 --> 00:13:46.379 I asked Ibn Abbas: 00:13:46.379 --> 00:13:50.220 "What is the meaning of 'a city dweller must not sell for a desert dweller'?" 00:13:50.220 --> 00:13:51.259 He said: 00:13:51.259 --> 00:13:54.750 "He should not act as a broker for him." 00:13:54.750 --> 00:13:58.139 Commentary on the hadith: 00:13:58.139 --> 00:13:59.580 "Broker" (simsar): 00:13:59.580 --> 00:14:01.379 Meaning a middleman. 00:14:01.419 --> 00:14:03.220 A simsar, in its origin, 00:14:03.220 --> 00:14:06.259 Is one who manages an affair and guards it. 00:14:06.259 --> 00:14:10.220 Then it was used for one who handles buying and selling for another. 00:14:10.220 --> 00:14:11.419 And the meaning of: 00:14:11.419 --> 00:14:14.500 That he sells for him for a fee. 00:14:14.500 --> 00:14:18.330 From the benefits of the hadith: 00:14:18.330 --> 00:14:20.450 It is understood from the hadith: 00:14:20.450 --> 00:14:23.169 The kindness of the Shari'ah toward those arriving with goods. 00:14:23.169 --> 00:14:26.490 And consideration for the interests of the owners of the goods. 00:14:26.490 --> 00:14:33.019 It includes leaving people to provide for one another through Allah's bounty. 00:14:33.059 --> 00:14:38.139 Chapter: Whoever disliked that a city dweller sells for a desert dweller for a fee. 00:14:38.139 --> 00:14:42.299 On the authority of Abdullah ibn Umar, may Allah be pleased with them both, who said: 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. 00:14:50.279 --> 00:14:51.360 Chapter: 00:14:51.360 --> 00:14:55.669 A city dweller must not buy through brokerage. 00:14:55.669 --> 00:14:59.629 On the authority of Anas ibn Malik, may Allah be pleased with him, who said: 00:14:59.629 --> 00:15:03.950 We were forbidden that a city dweller sells for a desert dweller. 00:15:03.950 --> 00:15:07.259 Commentary on the hadith: 00:15:07.259 --> 00:15:08.539 "Desert dweller" (badi): 00:15:08.539 --> 00:15:11.019 Meaning one who lives in the desert. 00:15:11.019 --> 00:15:15.580 The intended meaning is anyone who comes from outside the market. 00:15:15.580 --> 00:15:19.220 From the benefits of the hadith: 00:15:19.220 --> 00:15:21.379 It is understood from the hadith: 00:15:21.379 --> 00:15:26.139 The prohibition of what prevents people from benefiting from one another. 00:15:26.139 --> 00:15:29.259 It indicates that the Companion's statement "We were forbidden" 00:15:29.259 --> 00:15:33.419 Has the status of a ruling attributed to the Prophet (marfu'). 00:15:33.419 --> 00:15:35.980 Chapter: Selling raisins for raisins, 00:15:36.139 --> 00:15:39.059 And food for food. 00:15:39.059 --> 00:15:41.860 On the authority of Ibn Umar, may Allah be pleased with them both: 00:15:41.860 --> 00:15:44.659 That the Prophet, peace be upon him, 00:15:44.659 --> 00:15:47.059 Forbade muzabanah (the sale of unharvested fruit for harvested fruit). 00:15:47.059 --> 00:15:48.100 He said: 00:15:48.100 --> 00:15:49.659 And muzabanah is: 00:15:49.659 --> 00:15:52.179 To sell fruit by measure (while still on the tree), 00:15:52.179 --> 00:15:53.860 "If it increases, it is mine, 00:15:53.860 --> 00:15:56.360 And if it decreases, it is against me." 00:15:56.360 --> 00:15:59.000 Zayd ibn Thabit narrated to me: 00:15:59.000 --> 00:16:02.480 The speaker is Ibn Umar, may Allah be pleased with them both. 00:16:02.480 --> 00:16:04.240 In some narrations: 00:16:04.240 --> 00:16:06.019 It is Nafi'. 00:16:06.059 --> 00:16:08.860 That the Prophet, peace be upon him, 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. 00:16:12.419 --> 00:16:13.940 In a narration: 00:16:13.940 --> 00:16:19.220 He granted a concession after that for the sale of 'ariyya for fresh or dried dates. 00:16:19.220 --> 00:16:22.309 And he did not grant a concession for anything else. 00:16:22.309 --> 00:16:25.580 Commentary on the hadith: 00:16:25.580 --> 00:16:27.940 "To sell fruit by measure": 00:16:27.940 --> 00:16:31.740 Ibn Umar, may Allah be pleased with them both, explained it by saying: 00:16:31.740 --> 00:16:34.220 To sell the fruit of one's orchard, 00:16:34.259 --> 00:16:37.500 If it is dates, for dates by measure, 00:16:37.500 --> 00:16:42.019 And if it is grapes, to sell it for raisins by measure, 00:16:42.019 --> 00:16:46.100 And if it is grain, to sell it for food by measure. 00:16:46.100 --> 00:16:49.019 And he forbade all of that. 00:16:49.019 --> 00:16:53.139 "Granted a concession": Meaning he permitted it as an exception. 00:16:53.139 --> 00:16:56.019 "In 'araya": The 'ariyya is: 00:16:56.019 --> 00:17:01.970 A man giving a palm tree or two from his orchard for a year. 00:17:01.970 --> 00:17:03.490 "By estimation": 00:17:03.490 --> 00:17:08.329 This means estimating what is on the palm tree once it becomes dates. 00:17:08.329 --> 00:17:12.569 The concession is to sell dates for fresh dates while still on the trees, 00:17:12.569 --> 00:17:15.410 Under specific conditions. 00:17:15.410 --> 00:17:19.039 From the benefits of the hadith: 00:17:19.039 --> 00:17:21.160 It is understood from the hadith: 00:17:21.160 --> 00:17:24.920 It is not permissible to sell fruit on the trees for dates, 00:17:24.920 --> 00:17:28.950 Because of the lack of equality, thus riba enters into it. 00:17:28.950 --> 00:17:32.910 'Araya is exempted due to people's need for it. 00:17:32.910 --> 00:17:39.420 It includes the legitimacy of using expertise in estimation and the like. 00:17:39.420 --> 00:17:42.619 Chapter: Selling gold for gold. 00:17:42.619 --> 00:17:45.980 On the authority of Abu Bakrah, may Allah be pleased with him, who said: 00:17:45.980 --> 00:17:49.660 The Messenger of Allah, peace be upon him, said: 00:17:49.660 --> 00:17:54.779 "Do not sell gold for gold unless it is equal for equal," 00:17:54.779 --> 00:17:59.440 "And silver for silver unless it is equal for equal." 00:17:59.440 --> 00:18:01.599 "And sell gold for silver," 00:18:01.640 --> 00:18:05.940 "And silver for gold, however you wish." 00:18:05.940 --> 00:18:09.259 Commentary on the hadith: 00:18:09.259 --> 00:18:14.500 "Equal for equal": Meaning equal and identical. 00:18:14.500 --> 00:18:16.059 "However you wish": 00:18:16.059 --> 00:18:19.309 Meaning it is permissible with a difference in quantity. 00:18:19.309 --> 00:18:22.819 From the benefits of the hadith: 00:18:22.819 --> 00:18:25.059 It is understood from the hadith: 00:18:25.059 --> 00:18:30.299 That riba occurs in usurious goods that are of the same kind, 00:18:30.299 --> 00:18:34.380 Through an increase in weight or a delay in time. 00:18:34.380 --> 00:18:40.180 And that riba occurs in usurious goods that are of two different kinds, 00:18:40.180 --> 00:18:45.099 Only in terms of delay (nasi'ah). 00:18:45.099 --> 00:18:48.769 Chapter: Selling silver for silver. 00:18:48.769 --> 00:18:52.210 On the authority of Abu Sa'id al-Khudri, may Allah be pleased with him: 00:18:52.210 --> 00:18:56.450 That the Messenger of Allah, peace be upon him, said: 00:18:56.450 --> 00:19:00.970 "Do not sell gold for gold unless it is like for like," 00:19:01.009 --> 00:19:04.269 "And do not make one exceed the other." 00:19:04.269 --> 00:19:08.869 "Do not sell silver for silver unless it is like for like," 00:19:08.869 --> 00:19:12.339 "And do not make one exceed the other." 00:19:12.339 --> 00:19:16.539 "And do not sell any of it that is absent for that which is present." 00:19:16.539 --> 00:19:18.940 And on the authority of Abu Salih al-Zayyad: 00:19:18.940 --> 00:19:24.140 That he heard Abu Sa'id al-Khudri, may Allah be pleased with him, say: 00:19:24.140 --> 00:19:26.380 "A dinar for a dinar," 00:19:26.380 --> 00:19:28.819 "And a dirham for a dirham." 00:19:28.819 --> 00:19:30.339 So I said to him: 00:19:30.339 --> 00:19:33.380 "But Ibn Abbas does not say that." 00:19:33.380 --> 00:19:35.299 Abu Sa'id said: 00:19:35.299 --> 00:19:37.220 "I asked him and said:" 00:19:37.220 --> 00:19:41.140 "Did you hear it from the Prophet, peace be upon him," 00:19:41.140 --> 00:19:44.200 "Or did you find it in the Book of Allah?" 00:19:44.200 --> 00:19:45.319 He said: 00:19:45.319 --> 00:19:47.839 "I do not say either of those." 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." 00:19:53.000 --> 00:19:55.519 "But Usamah informed me," 00:19:55.519 --> 00:19:59.319 "That the Prophet, peace be upon him, said:" 00:19:59.319 --> 00:20:03.359 "There is no riba except in delay (nasi'ah)." 00:20:03.359 --> 00:20:06.680 Commentary on the hadith: 00:20:06.680 --> 00:20:08.680 "Like for like": 00:20:08.680 --> 00:20:10.759 Meaning equal. 00:20:10.759 --> 00:20:12.480 "Do not make one exceed" (tashiff): 00:20:12.480 --> 00:20:14.039 The shaf of a dirham: 00:20:14.039 --> 00:20:17.000 Is when it increases or decreases. 00:20:17.000 --> 00:20:18.039 "Silver" (waraq): 00:20:18.039 --> 00:20:19.710 Meaning silver. 00:20:19.710 --> 00:20:23.109 "Do not sell any of it that is absent for that which is present": 00:20:23.109 --> 00:20:25.630 The intended meaning of "absent" is deferred. 00:20:25.630 --> 00:20:28.309 And "present" is that which is at hand. 00:20:28.309 --> 00:20:31.029 "There is no riba except in delay": 00:20:31.029 --> 00:20:36.269 The meaning is that when the kinds of usurious goods differ, 00:20:36.269 --> 00:20:40.309 It is permissible to have a difference in quantity if it is hand-to-hand. 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. 00:20:46.519 --> 00:20:50.130 From the benefits of the hadith: 00:20:50.130 --> 00:20:52.250 It is understood from the hadith: 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). 00:20:55.759 --> 00:21:01.039 It shows the humility the Companions, may Allah be pleased with them, possessed, 00:21:01.039 --> 00:21:03.319 And their fairness toward one another, 00:21:03.319 --> 00:21:06.480 And the recognition by some of them of the rights of others. 00:21:06.480 --> 00:21:09.599 It contains the permissibility of scholarly debate. 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. 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. 00:21:20.700 --> 00:21:22.900 Chapter: The Prohibition of Muzabanah Sale. 00:21:22.900 --> 00:21:25.180 This is the sale of fresh fruit for dried dates. 00:21:25.180 --> 00:21:27.380 And the sale of raisins for grapes. 00:21:27.380 --> 00:21:30.230 And the sale of 'Araya. 00:21:30.230 --> 00:21:33.869 On the authority of Abu Sa'id al-Khudri, may Allah be pleased with him. 00:21:33.869 --> 00:21:36.910 That the Messenger of Allah, peace and blessings of Allah be upon him, 00:21:36.910 --> 00:21:40.619 Forbade Muzabanah and Muhaqalah. 00:21:40.619 --> 00:21:42.059 And Muzabanah is: 00:21:42.059 --> 00:21:46.279 Buying fruit for dates while still on the palm trees. 00:21:46.279 --> 00:21:50.319 And on the authority of Ibn 'Abbas, may Allah be pleased with them both, he said: 00:21:50.319 --> 00:21:53.039 The Prophet, peace and blessings of Allah be upon him, forbade 00:21:53.039 --> 00:21:56.789 Muhaqalah and Muzabanah. 00:21:56.789 --> 00:22:00.140 Commentary on the hadith: 00:22:00.140 --> 00:22:04.259 Muhaqalah is the sale of crops standing in the field 00:22:04.259 --> 00:22:07.920 For dried grain before it has ripened. 00:22:07.920 --> 00:22:11.490 From the benefits of the hadith: 00:22:11.490 --> 00:22:13.650 It is derived from the hadith 00:22:13.650 --> 00:22:16.890 That the prohibition of Muzabanah and Muhaqalah 00:22:16.890 --> 00:22:18.849 Is because the measurement is unknown. 00:22:18.849 --> 00:22:21.920 It is not known which of the two exchanged items is greater. 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). 00:22:27.660 --> 00:22:33.019 Chapter: Selling Fruit on Palm Trees for Gold or Silver. 00:22:33.019 --> 00:22:36.619 On the authority of Abu Hurayrah, may Allah be pleased with him, he said: 00:22:36.619 --> 00:22:39.539 The Prophet, peace and blessings of Allah be upon him, granted a concession 00:22:39.539 --> 00:22:43.140 In the sale of 'Araya by estimating its value in dates, 00:22:43.140 --> 00:22:45.779 For amounts less than five wasqs, 00:22:45.779 --> 00:22:48.640 Or for five wasqs. 00:22:48.640 --> 00:22:50.960 And on the authority of Sahl Ibn Abi Hathmah, 00:22:50.960 --> 00:22:54.039 That the Messenger of Allah, peace and blessings of Allah be upon him, 00:22:54.039 --> 00:22:57.180 Forbade the sale of fruit for dates. 00:22:57.220 --> 00:23:00.460 In one narration, he forbade Muzabanah. 00:23:00.460 --> 00:23:04.420 And he granted a concession for 'Araya to be sold by estimation, 00:23:04.420 --> 00:23:08.079 So that its owners may eat it fresh. 00:23:08.079 --> 00:23:11.460 Commentary on the hadith: 00:23:11.460 --> 00:23:15.900 "Fruit" refers to the fresh dates existing on the trees. 00:23:15.900 --> 00:23:18.339 Because the fruit, which is the fresh date, 00:23:18.339 --> 00:23:22.059 Does not ripen well except on the trees. 00:23:22.059 --> 00:23:24.299 "Less than five wasqs": 00:23:24.299 --> 00:23:27.380 A wasq is sixty sa's. 00:23:27.380 --> 00:23:31.660 And it is equivalent to approximately one hundred and fifty kilograms. 00:23:31.660 --> 00:23:33.259 And five wasqs 00:23:33.259 --> 00:23:38.279 Are equivalent to approximately seven hundred and fifty kilograms. 00:23:38.279 --> 00:23:42.079 "Its owners," meaning the one who bought it. 00:23:42.079 --> 00:23:45.680 From the benefits of the hadith: 00:23:45.680 --> 00:23:47.799 It is derived from the hadith 00:23:47.799 --> 00:23:52.680 The permissibility of 'Araya under its conditions due to people's need for it. 00:23:52.680 --> 00:23:56.880 It contains that the purpose of permitting 'Araya is to fulfill a need, 00:23:56.920 --> 00:23:59.400 Not for trade with the intention of profit. 00:23:59.400 --> 00:24:03.390 That is why it was permitted for amounts less than five wasqs. 00:24:03.390 --> 00:24:07.829 It contains that concessions are not to be extended or used as a basis for analogy. 00:24:07.829 --> 00:24:13.809 This applies to matters where the Shari'ah has not indicated its underlying cause. 00:24:13.809 --> 00:24:18.549 Chapter: If one wishes to sell dates for better dates. 00:24:18.549 --> 00:24:21.990 On the authority of Abu Sa'id al-Khudri and Abu Hurayrah, 00:24:21.990 --> 00:24:25.109 That the Messenger of Allah, peace and blessings of Allah be upon him, 00:24:25.109 --> 00:24:28.390 Sent a man from the Ansar of Banu 'Adi, 00:24:28.430 --> 00:24:30.910 And appointed him over Khaybar. 00:24:30.910 --> 00:24:33.589 He came with high-quality (Janib) dates. 00:24:33.589 --> 00:24:37.710 The Messenger of Allah, peace and blessings of Allah be upon him, said to him: 00:24:37.710 --> 00:24:40.670 "Are all the dates of Khaybar like this?" 00:24:40.670 --> 00:24:44.549 He said, "No, by Allah, O Messenger of Allah. 00:24:44.549 --> 00:24:48.789 We buy one sa' for two sa's of mixed dates (Jam')." 00:24:48.789 --> 00:24:54.279 In one narration: "For two sa's, and two sa's for three." 00:24:54.279 --> 00:24:58.039 The Messenger of Allah, peace and blessings of Allah be upon him, said: 00:24:58.039 --> 00:24:59.640 "Do not do that. 00:24:59.640 --> 00:25:02.440 Rather, exchange like for like, 00:25:02.440 --> 00:25:04.160 Or sell this (the mixed dates), 00:25:04.160 --> 00:25:07.400 And buy with its proceeds from that (the high-quality dates)." 00:25:07.400 --> 00:25:10.359 In one narration: "Do not do it. 00:25:10.359 --> 00:25:12.599 Sell the mixed dates for dirhams, 00:25:12.599 --> 00:25:15.960 Then buy high-quality dates with the dirhams." 00:25:15.960 --> 00:25:19.150 And the same applies to the scale. 00:25:19.150 --> 00:25:22.470 Commentary on the hadith: 00:25:22.470 --> 00:25:27.630 Khaybar is a city located north of Medina. 00:25:27.630 --> 00:25:33.210 It is approximately one hundred and sixty-five kilometers away from it. 00:25:33.210 --> 00:25:36.619 "Janib" means high-quality dates. 00:25:36.619 --> 00:25:41.539 "Jam'" is dates mixed from various types, 00:25:41.539 --> 00:25:43.779 And it is not desirable. 00:25:43.779 --> 00:25:45.859 "And the same applies to the scale," 00:25:45.859 --> 00:25:50.049 Meaning: the same ruling applies to the sale of items that are weighed. 00:25:50.049 --> 00:25:53.660 From the benefits of the hadith: 00:25:53.660 --> 00:25:57.259 The hadith contains the instruction of the Prophet, peace and blessings of Allah be upon him, 00:25:57.299 --> 00:25:59.980 On how to avoid Riba. 00:25:59.980 --> 00:26:02.539 By selling the item for dirhams, 00:26:02.539 --> 00:26:06.089 And then buying that item with the dirhams. 00:26:06.089 --> 00:26:11.049 It contains that all dates, despite their different types, are one category. 00:26:11.049 --> 00:26:14.369 It is not permissible to have disparity in their sale. 00:26:14.369 --> 00:26:18.089 It contains that invalid sales must be rescinded. 00:26:18.089 --> 00:26:23.569 It contains being gentle with oneself regarding one's rights. 00:26:23.569 --> 00:26:26.730 Chapter: Whoever sells palm trees that have been pollinated. 00:26:26.769 --> 00:26:31.130 Or land that is planted, or under a lease. 00:26:31.130 --> 00:26:35.369 On the authority of 'Abdullah Ibn 'Umar, may Allah be pleased with them both, he said: 00:26:35.369 --> 00:26:40.089 I heard the Messenger of Allah, peace and blessings of Allah be upon him, say: 00:26:40.089 --> 00:26:43.410 "Whoever buys palm trees after they have been pollinated, 00:26:43.410 --> 00:26:45.769 Their fruit belongs to the seller, 00:26:45.769 --> 00:26:48.960 Unless the buyer stipulates otherwise." 00:26:48.960 --> 00:26:52.039 "And whoever buys a slave who has wealth, 00:26:52.039 --> 00:26:54.400 His wealth belongs to the one who sold him, 00:26:54.400 --> 00:26:58.349 Unless the buyer stipulates otherwise." 00:26:58.349 --> 00:27:01.529 Commentary on the hadith: 00:27:01.529 --> 00:27:04.250 "Abta'a" means bought. 00:27:04.250 --> 00:27:09.250 "Tu'bar": pollination is the splitting and fertilization. 00:27:09.250 --> 00:27:13.170 The meaning is splitting the spathe of the female palm tree, 00:27:13.170 --> 00:27:17.440 To place inside it some of the pollen from the male palm tree. 00:27:17.440 --> 00:27:20.789 "Al-mubta'" means the buyer. 00:27:20.789 --> 00:27:24.240 From the benefits of the hadith: 00:27:24.279 --> 00:27:26.279 It is derived from the hadith 00:27:26.279 --> 00:27:29.359 The legitimacy of stipulating conditions in sales. 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, 00:27:34.440 --> 00:27:40.079 Unless it is a condition or a customary practice. 00:27:40.079 --> 00:27:42.849 Chapter: The Sale of Mukhadarah. 00:27:42.849 --> 00:27:47.549 On the authority of Anas Ibn Malik, may Allah be pleased with him, he said: 00:27:47.549 --> 00:27:50.710 The Messenger of Allah, peace and blessings of Allah be upon him, 00:27:50.710 --> 00:27:53.630 Forbade Muhaqalah and Mukhadarah, 00:27:53.630 --> 00:27:58.519 And Mulamasah, Munabadhah, and Muzabanah. 00:27:58.519 --> 00:28:01.849 Commentary on the hadith: 00:28:01.849 --> 00:28:03.410 "Mukhadarah" 00:28:03.410 --> 00:28:08.910 Is the sale of fruits and grains while they are green before their ripeness is evident. 00:28:08.910 --> 00:28:10.470 "Mulamasah" 00:28:10.470 --> 00:28:13.990 Is touching a garment and selling it without looking at it. 00:28:13.990 --> 00:28:15.859 It has various forms. 00:28:15.859 --> 00:28:17.460 "Munabadhah" 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. 00:28:23.180 --> 00:28:25.220 It has various forms. 00:28:25.220 --> 00:28:28.750 From the benefits of the hadith: 00:28:28.750 --> 00:28:30.910 It is derived from the hadith 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. 00:28:36.299 --> 00:28:40.259 It contains that if uncertainty (jahalah) affects the item being sold, 00:28:40.259 --> 00:28:41.700 The contract is void.