Part of Sahih Al-Bukhari
· Lesson 77 of 113
Summary of Sahih Al-Bukhari | Episode (77) | Sales book - 4
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Transcript
Machine translation — may contain errors
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In the name of Allah, the Most Gracious, the Most Merciful.
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Ifadah Center
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for Humanities Studies and Research
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presents
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The Abridged Sahih al-Bukhari
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Chapter: What is mentioned regarding the sale of food and hoarding
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On the authority of Tawus
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from Ibn 'Abbas (may Allah be pleased with them both)
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that the Messenger of Allah (peace be upon him)
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forbade a man from selling food
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until he has taken full possession of it.
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I asked Ibn 'Abbas, "How is that?"
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He replied, "That is like exchanging dirhams for dirhams,
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while the food is deferred."
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In another narration,
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Ibn 'Abbas said,
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"And I do not consider everything else to be any different."
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Commentary on the hadith:
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Hoarding (al-hukrah and al-ihtikar)
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is withholding goods from sale
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until their price rises.
1:03
"Until he has taken full possession of it"
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means until he has taken delivery of it.
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"Deferred" (murja')
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means delayed or postponed.
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From the benefits of the hadith:
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It is derived from the hadith
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that it is forbidden to sell what has not been received and taken into possession.
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It also indicates that the method of taking possession varies for different items
1:23
according to their nature,
1:26
and according to the customs of people regarding them.
1:29
It also indicates that it is not permissible to sell an absent item for an immediate one.
1:36
On the authority of Malik Ibn 'Aws:
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"I sought to exchange currency for one hundred dinars,
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so Talhah Ibn 'Ubayd Allah called me,
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and we negotiated until he accepted from me.
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He took the gold, turning it over in his hand,
1:50
then said,
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'Wait until my treasurer comes from al-Ghabah.'
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'Umar was listening to this,
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and he said,
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'By Allah, you shall not leave him until you take [the exchange] from him.'
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The Messenger of Allah (peace be upon him) said,
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'Gold for gold is usury (riba),
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unless it is hand-to-hand [immediate].
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Wheat for wheat is usury,
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unless it is hand-to-hand.
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Barley for barley is usury,
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unless it is hand-to-hand.
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Dates for dates is usury,
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unless it is hand-to-hand.'"
2:26
Commentary on the hadith:
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"Sought" (iltamasa) means searched for.
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"Currency exchange" (sarf)
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The term 'sarf'
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is the sale of one form of currency for another.
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"We negotiated" (tarawadna)
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means we discussed the amount of compensation in terms of increase or decrease.
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"Treasurer" (khazin)
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means the treasurer of my wealth.
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"Al-Ghabah"
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is a place with many trees in the outskirts of Medina.
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"Gold for gold"
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means the sale of gold for gold.
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"Hand-to-hand" (ha'an wa ha')
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means "take and give."
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It implies taking possession of both items in the same session.
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"Wheat" (burr) means grain.
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From the benefits of the hadith:
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It is derived from the hadith
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that usury is forbidden in all its forms.
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It also establishes the requirement of immediate exchange in the sale of usury-prone goods,
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subject to the details provided by the jurists.
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Chapter: One should not sell over the sale of his brother,
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nor should he bid over the bid of his brother,
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until he gives him permission or leaves it.
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On the authority of 'Abdullah Ibn 'Umar (may Allah be pleased with them both),
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that the Messenger of Allah (peace be upon him) said:
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"None of you should sell over the sale of another,
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and do not intercept goods until they are brought down to the market."
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Commentary on the hadith:
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"Bidding" (sawm)
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is when the owner of the goods and the prospective buyer agree on a sale, but have not yet finalized the contract.
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"Brought down" (yuhbat)
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means to arrive and reach the market.
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From the benefits of the hadith:
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It is derived from the hadith
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the kindness of the Shari'ah toward those arriving with goods,
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and the consideration for the interests of the sellers.
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It also contains a prohibition in transactions against anything that stirs up conflict, enmity, and hatred.
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It also contains a prohibition against anything that causes harm to others.
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On the authority of Abu Hurayrah (may Allah be pleased with him),
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from the Prophet (peace be upon him) who said:
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"A city dweller should not sell for a desert dweller,
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do not practice najash (deceptive bidding),
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and no one should outbid his brother's sale."
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In another narration:
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"A man should not sell [on behalf of another],
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nor should he propose marriage over the proposal of his brother,
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nor should a woman ask for the divorce of her sister to empty her vessel [of her husband's affection]."
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"Desert dweller" (bad)
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refers to one who lives in the desert.
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"Do not practice najash"
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Najash
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is enticing people toward goods by praising them and raising their price
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without the intention of buying.
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It also applies to discouraging them from buying.
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"To empty her vessel"
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means to overturn it to empty it of her husband's favor by causing him to divorce her.
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From the benefits of the hadith:
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It is derived from the hadith
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the prohibition of najash, uncertainty (gharar), and deception in sales.
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It also contains a prohibition against competition that leads to severing ties.
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Chapter: Auction sales
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On the authority of Jabir Ibn 'Abdullah (may Allah be pleased with them both),
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that a man emancipated a slave of his to be free after his death,
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then he became in need,
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so the Prophet (peace be upon him) took him and said,
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"Who will buy him from me?"
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So Nu'aym Ibn 'Abdullah bought him for such and such.
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In another narration,
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"For eight hundred dirhams,"
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so he handed him over to him.
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In another narration,
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Jabir said,
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"A Coptic slave,"
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[who had not worked before].
6:19
Commentary on the hadith:
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Auction sale
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is when one person offers a price for an item,
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then another offers more than him,
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until the sale goes to the highest bidder.
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"A man"
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is Abu Madhkur al-Ansari (may Allah be pleased with him).
6:39
"A slave"
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whose name was Ya'qub.
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"To be free after his death" (an dubur)
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means he said,
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"You are free after I die."
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"For such and such"
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means for eight hundred dirhams,
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though it has been said otherwise.
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"So he handed him over to him"
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means he gave him to him.
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From the benefits of the hadith:
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It is derived from the hadith
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that when rights and virtues conflict,
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the most pressing one takes precedence.
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It also contains the rejection of the actions of one who gives away his wealth in charity
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if there are outstanding rights attached to it.
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Chapter: Najash (Deceptive Bidding)
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And those who said that such a sale is not valid.
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On the authority of Ibn 'Umar (may Allah be pleased with them both), who said:
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The Prophet (peace be upon him) forbade najash.
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Commentary on the hadith:
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Najash
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is enticing people toward goods or discouraging them from them.
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From the benefits of the hadith:
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It is derived from the hadith
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the prohibition of deception in sales.
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It also indicates that it is not permissible to auction an item with the intent to deceive.
7:57
Chapter: The sale of uncertainty (gharar) and the 'habal al-habalah'
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On the authority of Nafi'
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from 'Abdullah Ibn 'Umar (may Allah be pleased with them both),
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that the Messenger of Allah (peace be upon him) forbade the sale of 'habal al-habalah'.
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It was a sale practiced by the people of the Jahiliyyah;
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a man would buy a camel to be delivered when the she-camel gives birth,
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and then the one in its womb gives birth.
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Commentary on the hadith:
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The sale of gharar is the sale of risk,
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which is ignorance regarding the price or the item.
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It has many forms.
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"It was a sale"
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This explanation is from the words of Nafi'.
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Some said it is from the words of Ibn 'Umar (may Allah be pleased with them both).
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"Camel" (jazur) means the she-camel.
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"Gives birth" (tuntij) means to deliver.
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From the benefits of the hadith:
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It is derived from the hadith
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that it is not permissible to sell what is non-existent or unknown.
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It also indicates that unknown timeframes are not permissible in sales and contracts.
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Chapter: The prohibition against the seller leaving milk in the udders of camels, cows, and sheep, and all forms of 'muhaffalah' (deceptive milking).
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On the authority of 'Abdullah Ibn Mas'ud (may Allah be pleased with him), who said:
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"Whoever buys a 'muhaffalah' (deceptively milked) sheep and returns it,
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let him return with it a sa' of dates."
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And the Prophet (peace be upon him) forbade intercepting goods [before they reach the market].
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Commentary on the hadith:
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"Muhaffalah" means they left the milk in the udder of the sheep until it accumulated.
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"Returns it" means to the seller.
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From the benefits of the hadith:
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It is derived from the hadith
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the prohibition of fraud and deception in sales.
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It also contains the kindness of the Shari'ah toward those arriving with goods,
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and the consideration for the interests of the sellers.
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On the authority of Abu Hurayrah (may Allah be pleased with him),
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that the Messenger of Allah (peace be upon him) said:
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"Do not intercept the riders [bringing goods],
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do not sell over the sale of another,
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Do not engage in najash (bidding up prices without the intent to buy).
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A city dweller must not sell on behalf of a desert dweller.
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Do not tie up the udders of livestock (to deceive buyers).
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In one narration:
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Do not tie up the udders of camels or sheep.
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Whoever buys such an animal has the better of two choices after milking it:
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If he is satisfied with it, he may keep it.
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If he is dissatisfied, he may return it along with a sa' of dates.
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Commentary on the hadith:
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Do not intercept the caravans (to buy goods before they reach the market).
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Meaning: Do not go out to meet those bringing goods into the city.
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This is to buy from them before they reach the market and learn the market price.
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"Do not tie up the udders":
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Meaning: Do not bind their teats or refrain from milking them for several days.
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Until the milk accumulates in their udders.
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"Whoever buys it": That is, whoever purchases the musarrah (the animal whose milk has been withheld).
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"Has the better of two choices":
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Meaning: He is given the option between two things.
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"Keep it": Meaning he retains it and finalizes the sale.
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"Dissatisfied": Meaning he is not pleased with it.
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From the benefits of the hadith:
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It is understood from the hadith:
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The prohibition of competition that leads to severing ties.
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It contains the prohibition of deception in sales and other matters.
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It indicates that deception does not invalidate the essence of the contract.
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Rather, it merely grants the right of option (khiyar).
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Chapter: Selling a slave who commits adultery.
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On the authority of Abu Hurayrah and Zayd ibn Khalid, may Allah be pleased with them both:
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That the Messenger of Allah, peace be upon him,
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Was asked about a slave woman if she commits adultery and has not been married (muhsan).
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"If she commits adultery, then flog her."
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In the narration of Abu Hurayrah, may Allah be pleased with him:
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"And do not reproach her."
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"Then if she commits adultery, flog her."
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"Then if she commits adultery, sell her even for a rope of hair."
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In the narration of Abu Hurayrah, may Allah be pleased with him:
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"Even for a rope of hair."
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In a narration, Ibn Shihab said:
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"I do not know if it was after the third or fourth time."
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Commentary on the hadith:
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"And has not been married":
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A woman is considered muhsan through Islam, chastity,
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Freedom, and marriage.
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The intended meaning here is marriage.
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"For a rope of hair":
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A zafir is a rope twisted from hair.
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"Do not reproach her":
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Tathrib is to blame and persist in rebuking.
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The meaning is: Do not increase the prescribed punishment (hadd).
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And do not harm her with words.
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From the benefits of the hadith:
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It is understood from the hadith:
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The implementation of the hadd for adultery on slave women and male slaves.
13:13
It indicates that for one who repeats a heinous act,
13:16
There is no good in keeping them.
13:21
Chapter:
13:22
May a city dweller sell for a desert dweller without a fee?
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And may he assist or advise him?
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On the authority of Tawus,
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From Ibn Abbas, may Allah be pleased with them both, who said:
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The Messenger of Allah, peace be upon him, said:
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"Do not intercept the caravans."
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"And a city dweller must not sell for a desert dweller."
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He said:
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I asked Ibn Abbas:
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"What is the meaning of 'a city dweller must not sell for a desert dweller'?"
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He said:
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"He should not act as a broker for him."
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Commentary on the hadith:
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"Broker" (simsar):
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Meaning a middleman.
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A simsar, in its origin,
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Is one who manages an affair and guards it.
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Then it was used for one who handles buying and selling for another.
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And the meaning of:
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That he sells for him for a fee.
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From the benefits of the hadith:
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It is understood from the hadith:
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The kindness of the Shari'ah toward those arriving with goods.
14:23
And consideration for the interests of the owners of the goods.
14:26
It includes leaving people to provide for one another through Allah's bounty.
14:33
Chapter: Whoever disliked that a city dweller sells for a desert dweller for a fee.
14:38
On the authority of Abdullah ibn Umar, may Allah be pleased with them both, who said:
14:42
The Messenger of Allah, peace be upon him, forbade that a city dweller sells for a desert dweller.
14:50
Chapter:
14:51
A city dweller must not buy through brokerage.
14:55
On the authority of Anas ibn Malik, may Allah be pleased with him, who said:
14:59
We were forbidden that a city dweller sells for a desert dweller.
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Commentary on the hadith:
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"Desert dweller" (badi):
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Meaning one who lives in the desert.
15:11
The intended meaning is anyone who comes from outside the market.
15:15
From the benefits of the hadith:
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It is understood from the hadith:
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The prohibition of what prevents people from benefiting from one another.
15:26
It indicates that the Companion's statement "We were forbidden"
15:29
Has the status of a ruling attributed to the Prophet (marfu').
15:33
Chapter: Selling raisins for raisins,
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And food for food.
15:39
On the authority of Ibn Umar, may Allah be pleased with them both:
15:41
That the Prophet, peace be upon him,
15:44
Forbade muzabanah (the sale of unharvested fruit for harvested fruit).
15:47
He said:
15:48
And muzabanah is:
15:49
To sell fruit by measure (while still on the tree),
15:52
"If it increases, it is mine,
15:53
And if it decreases, it is against me."
15:56
Zayd ibn Thabit narrated to me:
15:59
The speaker is Ibn Umar, may Allah be pleased with them both.
16:02
In some narrations:
16:04
It is Nafi'.
16:06
That the Prophet, peace be upon him,
16:08
Granted a concession for 'araya (the sale of fresh dates for dried dates on the tree) by estimation.
16:12
In a narration:
16:13
He granted a concession after that for the sale of 'ariyya for fresh or dried dates.
16:19
And he did not grant a concession for anything else.
16:22
Commentary on the hadith:
16:25
"To sell fruit by measure":
16:27
Ibn Umar, may Allah be pleased with them both, explained it by saying:
16:31
To sell the fruit of one's orchard,
16:34
If it is dates, for dates by measure,
16:37
And if it is grapes, to sell it for raisins by measure,
16:42
And if it is grain, to sell it for food by measure.
16:46
And he forbade all of that.
16:49
"Granted a concession": Meaning he permitted it as an exception.
16:53
"In 'araya": The 'ariyya is:
16:56
A man giving a palm tree or two from his orchard for a year.
17:01
"By estimation":
17:03
This means estimating what is on the palm tree once it becomes dates.
17:08
The concession is to sell dates for fresh dates while still on the trees,
17:12
Under specific conditions.
17:15
From the benefits of the hadith:
17:19
It is understood from the hadith:
17:21
It is not permissible to sell fruit on the trees for dates,
17:24
Because of the lack of equality, thus riba enters into it.
17:28
'Araya is exempted due to people's need for it.
17:32
It includes the legitimacy of using expertise in estimation and the like.
17:39
Chapter: Selling gold for gold.
17:42
On the authority of Abu Bakrah, may Allah be pleased with him, who said:
17:45
The Messenger of Allah, peace be upon him, said:
17:49
"Do not sell gold for gold unless it is equal for equal,"
17:54
"And silver for silver unless it is equal for equal."
17:59
"And sell gold for silver,"
18:01
"And silver for gold, however you wish."
18:05
Commentary on the hadith:
18:09
"Equal for equal": Meaning equal and identical.
18:14
"However you wish":
18:16
Meaning it is permissible with a difference in quantity.
18:19
From the benefits of the hadith:
18:22
It is understood from the hadith:
18:25
That riba occurs in usurious goods that are of the same kind,
18:30
Through an increase in weight or a delay in time.
18:34
And that riba occurs in usurious goods that are of two different kinds,
18:40
Only in terms of delay (nasi'ah).
18:45
Chapter: Selling silver for silver.
18:48
On the authority of Abu Sa'id al-Khudri, may Allah be pleased with him:
18:52
That the Messenger of Allah, peace be upon him, said:
18:56
"Do not sell gold for gold unless it is like for like,"
19:01
"And do not make one exceed the other."
19:04
"Do not sell silver for silver unless it is like for like,"
19:08
"And do not make one exceed the other."
19:12
"And do not sell any of it that is absent for that which is present."
19:16
And on the authority of Abu Salih al-Zayyad:
19:18
That he heard Abu Sa'id al-Khudri, may Allah be pleased with him, say:
19:24
"A dinar for a dinar,"
19:26
"And a dirham for a dirham."
19:28
So I said to him:
19:30
"But Ibn Abbas does not say that."
19:33
Abu Sa'id said:
19:35
"I asked him and said:"
19:37
"Did you hear it from the Prophet, peace be upon him,"
19:41
"Or did you find it in the Book of Allah?"
19:44
He said:
19:45
"I do not say either of those."
19:47
"And you are more knowledgeable of the Messenger of Allah, peace be upon him, than I am."
19:53
"But Usamah informed me,"
19:55
"That the Prophet, peace be upon him, said:"
19:59
"There is no riba except in delay (nasi'ah)."
20:03
Commentary on the hadith:
20:06
"Like for like":
20:08
Meaning equal.
20:10
"Do not make one exceed" (tashiff):
20:12
The shaf of a dirham:
20:14
Is when it increases or decreases.
20:17
"Silver" (waraq):
20:18
Meaning silver.
20:19
"Do not sell any of it that is absent for that which is present":
20:23
The intended meaning of "absent" is deferred.
20:25
And "present" is that which is at hand.
20:28
"There is no riba except in delay":
20:31
The meaning is that when the kinds of usurious goods differ,
20:36
It is permissible to have a difference in quantity if it is hand-to-hand.
20:40
Riba only enters into it from the aspect of delay if it is not hand-to-hand.
20:46
From the benefits of the hadith:
20:50
It is understood from the hadith:
20:52
The prohibition of riba al-fadl (riba of excess) and riba al-nasi'ah (riba of delay).
20:55
It shows the humility the Companions, may Allah be pleased with them, possessed,
21:01
And their fairness toward one another,
21:03
And the recognition by some of them of the rights of others.
21:06
It contains the permissibility of scholarly debate.
21:09
It contains a clarification of the merit of Ibn 'Abbas, may Allah be pleased with them both.
21:13
And the recognition by the Companions, may Allah be pleased with them, of his status and worth.
21:20
Chapter: The Prohibition of Muzabanah Sale.
21:22
This is the sale of fresh fruit for dried dates.
21:25
And the sale of raisins for grapes.
21:27
And the sale of 'Araya.
21:30
On the authority of Abu Sa'id al-Khudri, may Allah be pleased with him.
21:33
That the Messenger of Allah, peace and blessings of Allah be upon him,
21:36
Forbade Muzabanah and Muhaqalah.
21:40
And Muzabanah is:
21:42
Buying fruit for dates while still on the palm trees.
21:46
And on the authority of Ibn 'Abbas, may Allah be pleased with them both, he said:
21:50
The Prophet, peace and blessings of Allah be upon him, forbade
21:53
Muhaqalah and Muzabanah.
21:56
Commentary on the hadith:
22:00
Muhaqalah is the sale of crops standing in the field
22:04
For dried grain before it has ripened.
22:07
From the benefits of the hadith:
22:11
It is derived from the hadith
22:13
That the prohibition of Muzabanah and Muhaqalah
22:16
Is because the measurement is unknown.
22:18
It is not known which of the two exchanged items is greater.
22:21
It contains the prohibition of Riba al-Fadl (interest of excess) and Riba al-Nasi'ah (interest of delay).
22:27
Chapter: Selling Fruit on Palm Trees for Gold or Silver.
22:33
On the authority of Abu Hurayrah, may Allah be pleased with him, he said:
22:36
The Prophet, peace and blessings of Allah be upon him, granted a concession
22:39
In the sale of 'Araya by estimating its value in dates,
22:43
For amounts less than five wasqs,
22:45
Or for five wasqs.
22:48
And on the authority of Sahl Ibn Abi Hathmah,
22:50
That the Messenger of Allah, peace and blessings of Allah be upon him,
22:54
Forbade the sale of fruit for dates.
22:57
In one narration, he forbade Muzabanah.
23:00
And he granted a concession for 'Araya to be sold by estimation,
23:04
So that its owners may eat it fresh.
23:08
Commentary on the hadith:
23:11
"Fruit" refers to the fresh dates existing on the trees.
23:15
Because the fruit, which is the fresh date,
23:18
Does not ripen well except on the trees.
23:22
"Less than five wasqs":
23:24
A wasq is sixty sa's.
23:27
And it is equivalent to approximately one hundred and fifty kilograms.
23:31
And five wasqs
23:33
Are equivalent to approximately seven hundred and fifty kilograms.
23:38
"Its owners," meaning the one who bought it.
23:42
From the benefits of the hadith:
23:45
It is derived from the hadith
23:47
The permissibility of 'Araya under its conditions due to people's need for it.
23:52
It contains that the purpose of permitting 'Araya is to fulfill a need,
23:56
Not for trade with the intention of profit.
23:59
That is why it was permitted for amounts less than five wasqs.
24:03
It contains that concessions are not to be extended or used as a basis for analogy.
24:07
This applies to matters where the Shari'ah has not indicated its underlying cause.
24:13
Chapter: If one wishes to sell dates for better dates.
24:18
On the authority of Abu Sa'id al-Khudri and Abu Hurayrah,
24:21
That the Messenger of Allah, peace and blessings of Allah be upon him,
24:25
Sent a man from the Ansar of Banu 'Adi,
24:28
And appointed him over Khaybar.
24:30
He came with high-quality (Janib) dates.
24:33
The Messenger of Allah, peace and blessings of Allah be upon him, said to him:
24:37
"Are all the dates of Khaybar like this?"
24:40
He said, "No, by Allah, O Messenger of Allah.
24:44
We buy one sa' for two sa's of mixed dates (Jam')."
24:48
In one narration: "For two sa's, and two sa's for three."
24:54
The Messenger of Allah, peace and blessings of Allah be upon him, said:
24:58
"Do not do that.
24:59
Rather, exchange like for like,
25:02
Or sell this (the mixed dates),
25:04
And buy with its proceeds from that (the high-quality dates)."
25:07
In one narration: "Do not do it.
25:10
Sell the mixed dates for dirhams,
25:12
Then buy high-quality dates with the dirhams."
25:15
And the same applies to the scale.
25:19
Commentary on the hadith:
25:22
Khaybar is a city located north of Medina.
25:27
It is approximately one hundred and sixty-five kilometers away from it.
25:33
"Janib" means high-quality dates.
25:36
"Jam'" is dates mixed from various types,
25:41
And it is not desirable.
25:43
"And the same applies to the scale,"
25:45
Meaning: the same ruling applies to the sale of items that are weighed.
25:50
From the benefits of the hadith:
25:53
The hadith contains the instruction of the Prophet, peace and blessings of Allah be upon him,
25:57
On how to avoid Riba.
25:59
By selling the item for dirhams,
26:02
And then buying that item with the dirhams.
26:06
It contains that all dates, despite their different types, are one category.
26:11
It is not permissible to have disparity in their sale.
26:14
It contains that invalid sales must be rescinded.
26:18
It contains being gentle with oneself regarding one's rights.
26:23
Chapter: Whoever sells palm trees that have been pollinated.
26:26
Or land that is planted, or under a lease.
26:31
On the authority of 'Abdullah Ibn 'Umar, may Allah be pleased with them both, he said:
26:35
I heard the Messenger of Allah, peace and blessings of Allah be upon him, say:
26:40
"Whoever buys palm trees after they have been pollinated,
26:43
Their fruit belongs to the seller,
26:45
Unless the buyer stipulates otherwise."
26:48
"And whoever buys a slave who has wealth,
26:52
His wealth belongs to the one who sold him,
26:54
Unless the buyer stipulates otherwise."
26:58
Commentary on the hadith:
27:01
"Abta'a" means bought.
27:04
"Tu'bar": pollination is the splitting and fertilization.
27:09
The meaning is splitting the spathe of the female palm tree,
27:13
To place inside it some of the pollen from the male palm tree.
27:17
"Al-mubta'" means the buyer.
27:20
From the benefits of the hadith:
27:24
It is derived from the hadith
27:26
The legitimacy of stipulating conditions in sales.
27:29
It contains that the sale of trees does not necessarily entail the sale of the fruit upon them,
27:34
Unless it is a condition or a customary practice.
27:40
Chapter: The Sale of Mukhadarah.
27:42
On the authority of Anas Ibn Malik, may Allah be pleased with him, he said:
27:47
The Messenger of Allah, peace and blessings of Allah be upon him,
27:50
Forbade Muhaqalah and Mukhadarah,
27:53
And Mulamasah, Munabadhah, and Muzabanah.
27:58
Commentary on the hadith:
28:01
"Mukhadarah"
28:03
Is the sale of fruits and grains while they are green before their ripeness is evident.
28:08
"Mulamasah"
28:10
Is touching a garment and selling it without looking at it.
28:13
It has various forms.
28:15
"Munabadhah"
28:17
Is for a man to throw his garment for sale before the other person turns it over or looks at it.
28:23
It has various forms.
28:25
From the benefits of the hadith:
28:28
It is derived from the hadith
28:30
It is not permissible to sell crops while green, except for what is fodder and the like.
28:36
It contains that if uncertainty (jahalah) affects the item being sold,
28:40
The contract is void.