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Araya is plural of 'ariyah. It is a palm tree given to a needy and poor person by its owner
for its fruit.1
The hadith means that after some people gave one tree or two from their garden to a poor
man, and when he happened to come to his tree and they too were in the garden with their
families, they did not like that, so they gave to him some dates from their own possession
instead of from the tree and let him depart. They retained the dates on the tree themselves.
The Prophet صلى الله عليه وسلم let this practice continue. However, it is allowed as long as it is less
than five wasqs but not proper if more than that. This is stated in the hadith of Sayyiduna
Abu Hurayrah رضى الله عنه to follow (# 2838)
(٢٨٣٧) وَعَنْ سَهْلٍ بُنِ آَبِيْ حَثَمَةً قَالَ تَّى رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعِ الثَّمْرِ بِالثَّمْرِ إِلَّا أَنَّهُ
رَخَّصَ فِي الْعَرِيَّةِ أَنْ تُبَاءَ بِخَرُصِهَا تَمْرَّايَا كُلُّهَا أَهْلُهَا رُطَبًّا - (متفق عليه)
صلى الله عليه said that Allah's Messenger رضى الله عنه Sayyiduna Sahl ibn Abu Hathmah .2837
du, disallowed sale of dates (on a tree) for dried dates. But he allowed concerning
ariyah after estimating (those on the tree) what they would weigh when dry (so that
the poor may be given as many dried dates). The owners may (take the dates on the
tree and) eat the fresh dates.2
(٢٨٣٨) وَعَنْ أَبٍ هُرَيْرَةَ آَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَرْخَصَ فِي بَيْعِ الْعَرَايَا بِخَرُصِهَا مِنَ
التَّمْرِ فِيْمَا دُونَ خَمْسَةٍ أَوْسُقٍ آوَفِيْ خَمْسَةٍ أَوْسُقٍ شَكَّ دَاؤُ بْنُّ الُصَيْنِ - (متفق عليه)
2838. Sayyiduna Abu Hurayrah رضى الله عنه said that Allah's Messenger صلى الله عليه وسلم gave
permission regarding the sale of araya that their amount when they would dry might be
estimated (and as many dried dates may be taken against them). But (this kind of sale
is) with the proviso that they be less then five wasqs or as many as five wasqs.3
COMMENTARY: The proviso of less then five wasqs is because this permission is only for
the needy, and anyone (cannot need more then five wasq but) needs only less then five
wasqs. The ulama (Scholars) are unanimous about less then five wasqs but disagree about
five wasqs. It is better to observe the permission for less than five wasqs. Moreover, the
ulama (Scholars) include the rich also in this permission. So, the permission may be said to
be for both, rich and poor. Wasq is a measure equal to sixty sa' (It is a camel load.)
RAW FRUIT MUST NOT BE SOLD
(٢٨٣٩) وَعَنُ عَبْدِ اللّهِ بْنِ عُمَرَ تَى رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعِ القِّمَارِ حَتَّى يَبْدُ وَصَلَاحُهَا، ◌َى
الْبَائِةَ وَالْمُشْتَرِىَّ مُتَّفَقُّ عَلَيْهِ وَفِى رِوَايَةٍ لِمُسْلِيٍ ◌َى عَنْ بَيْعِ النَّخْلِ حَتّى تَزُهُوَ وَعَنْ السُّنْبُلِ حَتَّى يَبْيَضَّ
وَيَأْمُنَ الْعَامَةَ-(بخاری و مسلم)
صلى الله عليه وسلم said that Allah's Messenger رضى الله عنه Sayyidun Abdullah ibn Umar .2839
forbade sale of fruit till their good condition was apparent. He forbade both the
1 Elsewhere it is stated to be for one year.
2 Bukhari # 2191, Muslim # 2-1540, Nasa'i # 4542.
3 Bukhari # 2190, Muslim # 1541, Abu Dawud # 3364, Tirmidhi # 1305, Muwatta Maalik # 14 (Buyu).

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seller and the buyer.
According to another version in Muslim: he forbade sale of palm trees (meaning,
dates) till they were red and yellow (meaning, ripe). He also forbade sale of ears of
corn till they had turned white and were safe from disease.1
COMMENTARY: The seller is forbidden lest he take someone's money without providing
him anything. The buyer is forbidden lest he incur loss, for, he might buy unripe fruit but
before it ripens a natural calamity might destroy it.
(٢٨٤٠) وَعَنْ آَنّسٍ قَالَ تَى رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ يَبْعِ الثَّمَارِ حَتّى تُزْهِىَ قِيْلَ وَمَا تُزُهِىَ قَالَ
حَتَّى تَحْمَزَّ وَقَالَ آَرَ أَيْتَ إِذَا مَنَعَ اللَّهُ القَّمَرَةَ بِوَ يَاخُذُ أَحَدُكُمْ مَالَ آَخِيْهِ- (متفق عليه)
2840. Sayyiduna Anas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم forbade
sale of fruit till it tuzhiya. He was asked, "What is tuzhiya?" He said, "Till it turns
red." Then, he said, "What do you say that when Allah withholds the fruit (from
becoming ripe), why should any of you take the property of his brother?"2
COMMENTARY: Given the two sides of the seller and buyer, the best course is to preserve
and wait. When the fruit is ripe, buying and selling may be done.
DISALLOWED TO SELL FRUIT BEARING TREES IN ADVANCE BY MANY YEARS
(٢٨٤١) وَعَنْ جَابِرٍ قَالَ تَّى تَسْوُلُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعِ السِّنِيْنَ وَأَمَرَ بِوَضْعِ الْجُوَائِح - (رواه مسلم)
2841. Sayyiduna Jabir رضى الله عنه said that Allah's Messenger صلى الله عليه وسلم forbade that
anyone should sell fruit years ahead. He also ordered that anyone stricken by
calamity must be Bailed out for losses suffered through blight.3
COMMENTARY: The hadith recommended to the seller that he should remit some money
if he has not received payment from the buyer before some calamity or harm befell his
purchases. If he has already received the payment then he should return some money to
him though he is not bound to do so but as a gesture of goodwill. The Prophet , and
command in this regard is to show that it is mustahab (desirable) and it aims to invite the
seller to a moral duty. As for as the juristic ruling is concerned, the seller is under no
obligation to make any concession. The buyer is responsible for every profit and loss of that
which he has bought. If he bought item is lost through a calamity, the buyer alone suffers
the loss. Nothing is wajib (obligatory) on the seller once possession is taken of the item.
(٢٨٤٢) وَعَنْهُ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَوْ بِعْتَ مِنْ أَخِيُكَ ثَمَرًّا فَأَصَابَتُهُ جَائِحَةٌ فَلَا يَحِلُّ
لَكَ أَكْ تَأْخُذَ مِنْهُ شَيْئًا بِمَ تَاخُذُّ مَالَ آَخِيُكَ بِغَيْرٍ حَقٍّ- (رواه مسلم)
2842. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, "If
you have sold some fruit to your brother and a calamity (or blight) strikes the fruit,
it is not lawful to you to take anything from him. How would you take your
brother's Property unjustly?"4
1 Bukhari # 2794, Muslim # 49-1531, Abu Dawud # 3367, Ibn Majah # 2214.
2 Bukhari # 2198, Muslim # 15-1555, Nasa'i # 4526, Muwatta Maalik # 11 (Buyu).
3 Muslim # 101-1536, 17-1554, Abu Dawud # 3374, Nasa'i # 4531`, Ibn Majah # 2218, Musnad Ahmad 3-309.
4 Muslim # 14. 1554, Abu Dawud # 3470, Nasa'i # 4527, Ibn Majah # 2219.

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COMMENTARY: The commentary of the previous hadith may be read with this hadith
too. The command in this hadith must be observed if the buyer suffers total loss of his
property because of a calamity or disease. If there is some loss then the seller must make
some compensation.
Ibn Maalik ales, explained that if the sold property is ruined before going into the buyer'
hand, the seller must bear the loss. If it happens after the buyer takes possession of the
property then the seller must not take anything from the buyer as a mesure of taqwa (piety)
and good manners.
MOVABLE PROPERTY MUST NOT BE RESOLD BEFORE RECEIVING POSSESSION
(٢٨٤٣) وَعَنِ ابْنِ عُمَرَ قَالَ كَانُوا يَبْتَاعُوْنَ الطَّعَامَ فِى أَعْلَى السُّوْقِ فَيَبِيْعُوْنَهُ فِيْ مَكَانِهِ فَتَهَاهُمْ تَسْوُلُ اللّهِ
صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعِهِ فِيْ مَكَانِهٍ حَتّى يَنْقُلُوُهُ رَوَاهُ أَبُوْدَا وَدَ وَلَمْ أَجِدُهُ فِي الصَّحِيُحَيْنِ-
2843. Sayyiduna Ibn Umar us à +, narrated that the People bought grain in the
upper area of the market and also sold it there in its place. So, Allah's Messenger
tle anglo forbade them to sell it as its very place. (It should be moved from there
and sold thereafter)1
COMMENTARY: The bought property must first be taken in one's possession before being
re-sold. A movable property is taken possession of by taking it away to some other place,
even if it is very near.
If the item purchased is bought by measure or weight then the buyer must have it taken
immediately after it is measured or weighed. If it is purchased without weight or measure
then it must be taken away without weighing or measuring. In short a movable property is
resold only after taking its possession.
This hadith ought to have been placed in Section II because it is not found in both Bukhari
and Muslim (but it is there: Bukhari # 2167, Muslim # 33-1527.
(٢٨٤٤-٢٨٤٥) وَعَنْهُ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَنِ بْتَاءَ طَعَامًا فَلَا يَبِعُهُ حَتَّى يَسْتَوْ فِيَهُ وَفِى
ڕِوَايَةِ ابْنِ عَبَّاسٍ حَتّى يَكُتَالَه۔ (متفق عليه)
2844. Sayyiduna Ibn Umar رضى الله عنه said that Allah's Messenger صلى الله عليه وسلم said, "If
any one buys grain then he must not re-sell it before taking full possession of it."2
2845. Sayyiduna Ibn Abbas As &n +, narrated with the words: "before he has
measured it."3
COMMENTARY: This had been explained in the previous commentary about first taking
possession. Imam Shafi'I alda>, and of the Hanafis, Imam Muhammad als>, hold that both
movable and immovable property must not be re-sold before first taking possession of it.
Imam Maalik als, said that only grain should not be sold before taking possession. Other
things may be sold. Imam Abu Hanifah als, and Imam Abu Yusuf als, hold that it is
allowed to re-sell land (immovable property) before taking possession of it but none of the
1 Bukhari # 2167, Muslim # 33. 1527, Abu Dawud # 3493, Nasa'i # 4606, Muwatta # 42 (Buyu)
2 Bukhari # 2126, Muslim # 32-1526, Abu Dawud # 3492, Nasa'i # 4604, Ibn Majah # 2226, Ibn Majah 2-22.
3 Muslim # 32-1525, Abu Dawud # 3496, Tirmidhi # 1201 Nasa'i # 4597, Ibn Majah # 2227.

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movable properties may be sold before taking possession. The views of Imam Muhammad
antes, are the same apparently.
The version of Ibn Abbas we a+, means that the seller's weighing in the presence of the
buyer is sufficient. It is not necessary for the buyer to weigh it all over again.
(٢٨٤٦) وَعَنِ ابْنِ عَبَّاسِ قَالَ آَمَّا الَّذِى تََّى عَنْهُ النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَهُوَالطَّعَامُ أَنْ يُبَاءَ حَتَّى
يُقْبَضَ قَالَ ابْنُ عَبَّاسِ وَلَا أَحْسِبُ كُلَّ شَهِىء إِلَّ مِثْلَه (متفق عليه)
صلى الله عليه narrated that, "That which the prophet رضى الله عنه Sayyiduna Ibn Abbas .2846
, disallowed was to sell grain before taking possession of it." And, Sayyiduna
Ibn Abbas we à +, said that he thought that everything was like grain in the
application of this command.1
COMMENTARY: According to the interpretation of this hadith by Sayyiduna ibn Abbas (+)
we just as it is not allowed to sell grain before taking it into possessions. It is also disallowed
to sell any thing before one receives possession of it. This was the presumption of Ibn Abbas
ucan», He felt that the same rule applied to 'everything other than grain' as to grain.
(٢٨٤٧) وَعَنْ آَبٍ هُرَيْرَةَ آَكَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا تَلَقَّوًا الرُّكْبَاَ لِبَيْعٍ وَلَّا يَبِهُ بَعْضُكُمُ
عَلَى بَيْعٍ بَعْضٍ وَلَّا تَنَا جَنُوا وَلَا تَبِعُ حَاضِرْ لِبَادٍ وَلَا تَصْرُّوا لَّابِلَ وَالْغَتَمَ فَمَنِ ابْتَاعَهَا بَعْدَ ذُلِكَ فَهُوَ خَيْرٍ
النَّظُرَيْنِ بَعْدَ آَنْ يَحْلُبُهَا إِنْ رَضِيَهَا أَمْسَكِهَا وَإِنْ سَخِظَهَا رَدَّهَا وَصَاعًا مِنْ تَمْرٍ مُتَفَقُّ عَلَيْهِ، وَفِى ڕِوَايَةٍ
لِمُسْلٍِ مَنِ اشْتَرِى شَاةٌّ مُصَرَّاٌّ فَهُوَ بِالْخِيَّارِ ثَلَاثَةَ آَيَّامٍ فَإِنْ رَدَّهَا رَدَّمَعَهَا صَاعًا مِنْ طَعَامٍ لَا سَمْرَاءَ-
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .2847
said,. Do not go out to meet riders (of the caravan with grain, etc.) to conclude
business with them and no one among you must buy against another. Do not bid
against each other. No one from the city may sell for a villager (or a man of the
desert). Do not tie up the udder of the camels and sheep. If anyone buys such
animals after this has been done to then he has two options to choose from other
milking them; he may keep them if he is pleased with them or he may giving also.
no sa' of dates.
Another version say; "He who buys a sheep whose udders were tied up has.three
days within which he may decide to keep it or return it. If he returns it, their he
must also give alongwith it one sa' of grain but not wheat."2
COMMENTARY: The Prophet ,le a forbade traders in a town or city to go out of it
and buy from in-coming trade caravans that which they have brought for sale. This closed
the door to deception of the visiting men who might otherwise be deceived into selling at
prices lower than those prevailing in the city markets.
If two people are conducting a bargain do not interfere by outbidding the buyer or quoting
a lower price than the seller's to the buyer, or persuading the buyer who has bought on
1 Bukhari # 2135, Muslim # 30-1525.
2 Bukhari # 2150, Musilm # 11-1515, Abu Dawud # 3443, Nasa'i # 4487, Ibn Majah # 22389, Muwatta
Maalik # 96 (Buyu).

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khiyar to return his purchase so that you would get him a better bargain. It is very bad to
unsettle someone in order to gather some gain oneself and if it is not done to collect some
gain but only to disturb others and mess up their business then it is very bad.
Some ulama (Scholars) say that this thing is disallowed as long as the business of those
people does not contravene Shari'ah (divine law). However, if they do something that is
disapproved by Shari'ah (divine law) like selling snatched or stolen property, then it is
allowed to have their transaction annulled.
The next command is (x) is to provoke and to deceive. If two people are finalizing a
bargain, a third person intervenes and speaks highly of the thing that is being sold and
quotes a higher price for it not within intent to buy but to make it look like a better bargain
for the buyer. The prophet disallowed it because it is the worst form of deception.
A city dweller is disallowed to sell for a villager his grain that he brings to the city to sell.
He might offer to do the job for him quickly and at a better price but the Prophet la.
, forbade this because it is to keep Allah's creatures away from profit. Imam Shafi'I ales,
said that this is forbidden and the Hanafis regard it as makruh (disapproved).
To tie the udder of an animal is also a form of deception. A person who wishes to sell his
milk-yielding animal stops milking it for a couple of days or a few (times of) milking before
offering it for sale. Its udder will bulge and buyers might be deceived into thinking that it has
much milk. If anyone is deceived into buying such an animal and discovers that the animal
yields little milk, then he has option to return, or retain, the animal. If he returns it then he
must also give with it one sa' dates to compensate for the milk of the animal he had used.
A question arises here. Why are dates given instead of returning the milk or paying its price?
The answer is that some of the milk may have been produced in the amimal's udder after it
became the property of the purchaser and some was already there at the time of purchase.
So it is impossible to determine how much milk should be returns. The Prophet Ly,ledo,
therefore, determined that one sa' of dates be paid alongwith the animal to the seller
irrespective of the quantity of milk consumed. It resembles the diyah (or blood money)"
which is a fixed amount of one hundred camels for unjust killing irrespective of the statues
and standing of the slain person.
Imam Shafi'I a >, goes by the hadith and says that the option to cancel or retain the
transaction remains with the buyer as stated in the hadith. But, Imam Abu Hanifah als,
disagrees and says that the command in the hadith is withdrawn, saying that it was
enforced before riba was made unlawful.
Ibn Hajr at, explains the concluding portion of the hadith that one sa' dates should be
given not wheat. The reason is that dates and milk were the main diet of the Arabs. This is
prescribed even if the seller may be willing to take any thing instead of dates. Some people
say that if the seller agrees, anything may be given instead of dates.
(٢٨٤٨) وَعَنْهُ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَا تَلَقَّوا الْجَلَبَ فَمَنْ تَلَقَّاهُ فَاشْتَرِى مِنْهُ فَإِذَا آتَى سَيِّدُهُ
السُّوْقَ فَهُوَ پِالْخِيَارِ-(رواهمسلم).
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .2848
said, "Do not go forward to meet the caravan that brings grain, etc. If anyone goes
forward and meets them and buys from them, then when their chief comes to the

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market he has option (to revoke the sale)."1
COMMENTARY: The ularna (Scholars) say that it is forbidden to proceed out of the city to
the incoming caravan if the intention is to buy from them to the disadvantage of the
citizens as well as of the caravan to whom the market price is not disclosed. However, if the
citizens are not caused loss and market price is not concealed from the merchants of the
caravan who are not cheated, then this is not forbidden.
The Shafi'is say that when the chief or members of the caravan come to the city and
discover, the true price structure which is higher than what they had been paid, then they
have the option to revoke the sale and take back the grain (or whatever they had sold) or
they may keep the sale intact. If they learn that the buyer has paid a higher price or the
ruling price then they have no option.
The Hanafi view point is that the Chief on the members of the caravan will have this option
only when they learn on coming to the city that the buyer had committed a fraud with
them. If it is not so then they have no option.
(٢٨٤٩) وَعَنِ ابْنِ عُمَرَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَا تَلَقَّوْا السِّلَعَ حَتَّى يُحْبَطَ بِهَا إِلَى الشُّوُقِ-
(متفق عليه)
2849. Sayyiduna Ibn Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"Do not go out to meet the (merchants who bring the) merchandise. Rather, wait till
it is brought to the market."2
INTERFERE NOT IN OTHER'S BUSINESS DEALINGS
(٢٨٥٠) وَعَنْهُ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَا تَبِيْعُ الرَّجُلُ عَلَى بَيْعِ آَخِيْهٍ وَلَّا يَخْتُلُبُ عَلَى أَخِيٍُ إِلَّا
اْ يَّاذَنَ لَه (رواه مسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Ibn Umar .2850
said, "No one must make an offer above his brother's deal. And, no one must
propose a woman when his brother has already made a proposal unless he gives
him permission."3
COMMENTARY: The first part of the hadith has been explained against hadith # 2847.
Similarly, if anyone has proposed marriage to a woman, then no one else may propose to her.
This is disallowed if the two sides have agreed on a dower and other formalities attached to
marriage and only the formal ceremony (of oath taking) remaining to be concluded.
These disallowances of interference in anyone's business bargains and marriage proposal are
only for so long as the two sides do not give up their efforts or withdraw from their discussions.
(٢٨٥١) وَعَنْ أَبٍ مُرَيْرَةَ أَّ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا يَسْمِ الرَّجُلُ عَلَى سَوْمِ آَخِيْهِ الْمُسْلِمِ-
(رواه مسلم)
1 Muslim # 17-1519, Abu Dawud # 3437, Tirmidhi # 1225, Nasa'i # 4501, Ibn Majah # 2178, Darimi #
2566.
2 Bukhari # 2165, Muslim # 14-1517, Abu Dawud # 3436, Tirmidhi # 1224, Darimi # 2567, Musnad .
Ahmad 2567, Musnad Ahmad 2-91.
3 Bukhari # 5142, Muslim # 8-1412, Abu Dawud # 2081, Nasa'i # 3243, Ibn Majah # 1868, Darimi #
2176, Muwatta Maalik # 2 (Mikah), Musnad Ahmad 2-42.

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صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .2851
said, "No one should outbid the bidding of his brother Muslim."1
COMMENTARY: This command applies when the two sides have agreed on a price. After
this, it is makruh (disapproved) for anyone to offer a higher price and mess up their
transaction. However, though makruh (disapproved), the sale will be correct.
Ibn Hajar al , said that the 'Muslim' in the hadith includes the dhimmi (non-Muslim
resident of a Muslim country who pays the jizyah), the mu'ahid (with whom a Muslim has
an accord) and the mustamin (who is under a Muslim's protection).
A CITY DWELLER MUST NOT SELL FOR VILLAGER
(٢٨٥٢) وَعَنْ جَابِرٍ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَا يَبِعُ حَاضِرٌ لِبَادٍ دَعُوا النَّاسَ يَرْزُقُّ اللَّهُ
بَعْضَهُمْ مِنْ بَعْضٍ- (رواه مسلم)
2852. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, "No
city dweller must sell for a villager. Leave people alone, Allah gives them provision,
some from others."2
COMMENTARY: The villagers may be left to themselves so that they may sell grain
brought by them to the city dwellers at low prices. This will benefit the city dwellers too.
The remaining portion of the hadith has been explained against the hadith # 2847.
TWO WAYS OF DRESSING AND BUSINESSES DISALLOWED
(٢٨٥٣) وَعَنْ آنِيْ سَعِيْدِنِ الْخُدُرِيِّ قَالَ تَّى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ لِبْسَتَيْنٍ وَعَنُ بَيْعَتَبْنِ تَّى
عَنِ الْمُلَامَسَةِ وَالْمُنَابَذَّةِ فِى الْبَيْعِ وَالْمُلَامَسَةُ لَمُسُ الرَّجُلِ ثَوْبَ الْآخَرِ بِيَدِهِ بِاللَّيَّلِ أَوْ بِالشَّهَارِ وَلَا يُقَلِبُهُ إِلَّا
بِذُلِكَ وَالْمُنَابَذَّةُ آَنْ يَنْبِذَ الرَّجُلُ إِلَى الرَّجُلِ بِقَوْبِهِ وَيَنْبِذَ الْآخَرُ ثَوْبَةُ وَيَكُوُجُ ذُلِكَ بَيْعُهُمَا عَنْ غَيْرٍ
نَظْرٍ وَلَّا تَرَاضٍ وَاللَّيْسَتَيْنِ اشْتِمَالُ الضَّمَّاءِ وَالضَّمَّاءِ أَنْ يَجْعَلَ ثَوْبَّهُ عَلَى أَحَدِمَا تِقَيْهِ فَيَبْدُوَ أَحَدُ شِقَّيْهِلَيْسَ
عَلَيْهِ ثَوْبٌ وَاللَّيْسَةُ الْأُخْرِى إِحْتِبَاؤُهُ بِقَوْبِهٍ وَهُوَ جَالِسْ لَّيْسَ عَلَى فَرُجٍهٍ مِنْهُ شَىءٌ - (متفق عليه)
صلى الله عليه said that Allah's Messenger رضى الله عنه Sayyiduna Abu Sa'eed al Khudri .2853
forbade two ways of dressing and two kinds of business transactions. He
disallowed mulama (Scholars)rah and munabadhah. In a business transaction.
Mulama (Scholars)sah is that a man (the buyer) touches another's (seller's) garment
(that he wishes to buy) with his hand whether it is night or day, without turning it
over beyond that (touching). And, munabadhah is that a man throws his garment to
another and the other throws his garment. This confirms their deal, without any
inspection or (verbal) expression of willingness. One of the ways of dressing is to
wrap the Samma' and samma' is for a man to put his garment over one of his
shoulders in such a way that his other side is bare. The other (manner of dressing
which is disallowed) is for a man to wrap himself up in his garment while he sits in
such a way that nothing of it covers his private parts.3
1 Muslim # 9-1515, Ibn Majah # 2172, Musnad Ahmad 2-259:
2 Muslim # 20-1522, Tirmidhi # 1227, Abu Dawud # 3443, Nasa'i # 4495, Ibn Majah # 2176.
3 Bukhari # 5820, Muslim # 3-1512, Abu Dawud # 3377, Nasa'i # 4515, Ibn Majah # 2710, Darimi #
2562, Musnad Ahmad 3-95.

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COMMENTARY: Mulama (Scholars)sah was a way of buying and selling without any oral
exchange of words during the jahliyah. It was a wrong method, so the Prophet , no
disallowed it.
Munabadhah was a method in which both parties did not find it necessary to examine the
merchandise. They simply threw their garment on one another. This too was a practice of
the jihiliyah (ignorance period). So it was disallowed, too.
Samma is as described in the hadith. However, it has another meaning, more clear and
well-known it is that someone puts a garment over himself in such a way that he is covered
from head to toe and his hands too are inside. His body is not bare from where. Obviously,
صلى الله عليه وسلم a person in this garb is totally helpless and immovable. So, the Prophet
disallowed this sort of dressing.
He also prohibited the form of dress in which a person sits on this buttocks and keeps his
knees erect wrapping a garment round his knees and back leaving his satr (private parts)
(private parts) uncovered (so if it disallowed). But if any one wraps a garment round
himself in this way with his private parts covered too then this is not disallowed
In passing we may say that it is masnun to sit with hands round one's upright knees (soles
on the ground, flat).
BAI' HASAH AND GHARAR FORBIDDEN
(٢٨٥٤) وَعَنْ أَبِي هُرَيْرَةَ قَالَ تََّى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ تَيْعِ الْحْصَاةِ وَعَنُ بَيْعِ الْغَرَرِ - (رواه مسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .2854
forbade Bai' hasah and Bai' gharar.1
COMMENTARY: Bai' hasah is when a buyer tells the seller that when he hits a pebble at
his ware, Bai' would become wajib (obligatory). Or, the seller tells the buyer that he has sold
him that thing of his merchandise on which his pebble lands. Or, he says, "I have sold to
you this piece of land till where your pebble falls." This method of business was customary
during the jahiliyah (ignorance period). The Prophet صلى اللهعليه وسلم disallowed it.
Bai' gharar is the transaction in which the thing sold is unknown or not in the hands of the
seller. It is like fish in the water, a bird in the air or a runaway slave.
BAI' HABAL UL HABLAH DISALLOWED
(٢٨٥٥) وَعَنِ ابْنِ عُمَرَ قَالَ تَّى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعِ حَبَلِ الْخْبَلَةِ وَكَانَ تَيْئًا يَتَبَا يَعُهُ
أَهْلُ الْجَاهِلِيَّةِ كَانَ الرَّجُلُ يَبْتَاءُ الْجُزُوْرَ إِلى أَنْ تُنْتَجَ النَّاقَهُ ثُقَّ تُنْتِجُ الَّتِى فِى بَطْنِهَا - (متفق عليه)
2855. Sayyiduna Ibn Umar رضى الله عنه said that Allah's Messenger صلى الله عليه وسلم forbade
Bai' hablul habalah. This was practiced by the people of the jahiliyah (ignorance
period). It was that a man would buy a she-camel that would be born to a she-camel
that was yet in its mother's womb (He would not pay its price till then.)2
COMMENTARY: It is disallowed because that which is offered for sale is non-existent.
When it is not allowed to sell what an animal carries in its womb then how could it be
1 Muslim # 4-1513, Tirmidhi # 1234, Abu Dawud # 3376, Nasa'i # 4518, Ibn Majah # 2194, Darimi
2563, Musnad Ahmad 2-250.
2 Bukhari # 2143, Muslim # 5-1514, Tirmidhi # 1233, Abu Dawud # 3380, Nasa'i # 4625, Ibn Majah #
2197, Muwatta Maalik # 62, (Buyu) Musnad Ahmad 2-15.

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allowed to sell what the yet unborn would deliver?
Some people define Bai' habal ul habalah is the sale of a pregnant she camel on the promise
of payment for it when her young one is born. Sayyiduna Ibn Umar us àl +, took this
meaning, for this is how he has explained the concluding portion of the hadith from (ou,
.(and would pay then) (مبيعا
DISALLOWED TO CHARGE FOR A STALLION'S COVERING
(٢٨٥٦) وَعَنْهُ قَالَ تَى رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ عَسْبٍ الْفَحْلِ - (رواه البخارى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Ibn Umar .2856
disallowed (them) to charge for pairing male and female (animals).1
COMMENTARY: It is forbidden to charge money for letting someone use one's male
animal to copulate with his females. For one thing, the male may or may not pair with the
female when left among them, and the other is that the female might or might not become
pregnant most of the sahabah and jurists said that this thing is unlawful. However, to lend
the male animal to pair with the females is mustahab (desirable), and it is proper to accept
any gift from the owner of the female animal after the male is lent.
DISALLOWED TO SELL WATER
(٢٨٥٧) وَعَنُ جَابٍ قَالَ تََّى رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ يَبْعِ ضِرَابِ الْجُمَلِ وَعَنْ بَيْعُ الْمَاءِ وَالْأَرْضِ
لِتُحْرَثَ- (رواه مسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Jabir .2857
forbade seeking a return for pairing a he camel with a she camel and selling
water and land to be tilled.2
COMMENTARY: If anyone gives to another person his land and water on condition that
the two things belong to him while the other would toil on the land and sow his seed but
he would take a certain share of the produce. This is called mukhabarah. See commentary
to hadith # 2835, 2836 for this term.
DISALLOWED TO SELL EXCESS WATER
(٢٨٥٨) وَعَنَّهُ قَالَ تَّى رَسُولُ اللّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ عَنْ يَبْعِ فَضْلِ الْمَاءِ - (رواه مسلمٍ)
2858. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم forbade
the sale of excess water.3
COMMENTARY: If anyone has water beyond his needs then he must not keep it away
from others to sell it. Rather, he must disburse it gratis, if they need it to drink or to water
their animals. However, if they need it for their plants and fields then he may charge them
for the water.
(٢٨٥٩) وَعَنُ أَبِئْ هُرَيُرَةَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا يُبَاءُ فَضْلُ الْمَاءِ لِيُبَاءَ بِهِ الْكَلَاءُ - (متفق عليه)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .2859
1 Bukhari # 2284, Tirmidhi # 1277, Abu Dawud # 3429, Musnad Ahmad 2-14.
2 Muslim # 35-1565, Nasa'i # # 4670.
3 Muslim # 34-1565, Ibn Majah # 2477.
:

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y said, "Do not sell excess water lest it become necessary to sell herbage that
grows from it."1
COMMENTARY: Selling water necessitates selling herbage. If animals cannot have water
without paying for it then it amounts to selling herbage of pasture. This means the it is
disallowed to sell herbage too.
However, the ulama (Scholars) disagree on whether the disallowance is tahrimi or tanzihi.
It seems more probable that it is tanzihi.
DO NOT DECEIVE
(٢٨٦٠) وَعَنْهُ أَّ رَسُولَ اللَّهِ صَلَى اللَّهُ عَلَيْهِ وَسَلَّمَ مَرَّ عَلى صُبْرَةٍ طَعَاءٍ فَأَدْخَلَ يَدَهُ فِيْهَا فَتَالَتْ أَصَابِعَهُ
بَلَلَّا فَقَالَ مَا هَذَا يَا صَاحِبَ الَّعَامِ قَالَ أَصَابَتْهُ السَّمَاءِ يَا رَسُولَ اللهِ قَالَ أَفَلَا جَعَلْتَّهِ فَوْقَ التَّعَامِ حَتّى
يَرَاهُ النَّاسُ- مَنْ غَشَ فَلَيْسَمِنِّى- (رواه مسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .2860
passed by a heap of grain. When he put his hand into it, his finger felt the
moistness there. He asked, "What is this, O owner of the gain?" He said, "Rain
water has gone into it" So he asked, "Why did you not bring the moist portion on
the top? The people would have seen it. He who deceives does not belong to me
(and does not follow my path)."2
SECTION II
الفضلُ الثَّانِى
BAI' THUNYA FORBIDDEN
(٢٨٦١) عَنْ جَابِرٍ قَالَ إِّ رَسُولَ اللهِ صَلَى اللَّهُ عَلَيْهِ وَسَلَّمَ تَى عَنِ القُّنْيًّا إِلَّ أَنْ يُعْلَمَ - (رواه الترمذى)
2861. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم forbade
the Bai' thunya unless (the exception) was specified.3
COMMENTARY: When a seller sells something but makes an exception of a part of it without
disclosing how much, then it is Bai thunya. The Prophet صلى الله عليه وسلم forbade this transaction.
But, if he says clearly how much of the sales he would exclude, then this sale is allowed.
SELL FRUIT ONLY WHEN RIPE
(٢٨٦٢) وَعَنْ آَنٍَّ قَالَ تَّى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ يَبْعِ الْعِنَبٍ حَتَّى يَسْوَدَّ وَعَنْ بَيْعٌ الحَتِّ حَثُّی
يَشْتَّ هُكَذَا رَوَاءُ التِّرْمِذِىُّ وَأَبُوْدَاوُدَ وَلَيْسَ عِنْدَهُمَا بِرِوَايَتِه ◌َى عَنْ يَبْعِ الثَّمْرِ حَتَّى تَزْهُوَ إِلَّا پِرِوَايَةِ ابْنِ
حُمَرَ قَالَ تَى عَنْ بَيْعِ الثَّمْرِ حَتّى تَزُهُوَ وَرَوَاهُ التِّزْ مِذِىُّ وَأَبُودَاودَ عَنْ آَنَسٍ وَالزِّيَادَةُ الَّتِى فِي النصائح وَهِىَ
قُوْلُهُ تَى عَنْ بَيْعِ الثَّمْرِ حَتَّى تَزْهُوَ إِنَّمَا ثَبَتَتُ فِيْ رِوَايَتِهِمَا عَنِ ابْنِ عُمَرَ قَالَ تَّى عَنْ بَيْعِ النَّخْلِ حَتَّى تَزْهُوَ
وَقَالَ التِِّمِذِىُّ هَذَا حَدِيْثُ حَسَنْ غَرِيُبْ-
1 Bukhari # 2353, Muslim # 38. 1563, Tirmidhi # 1276, Abu Dawud # 3473, Ibn Majah # 2478,
Muwatta Maalik # 29 (Abdiyah) Musnad Ahmad 2-273.
2 Muslim # 164-102, Tirmidhi # 1319, Ibn Majah # 2224.
3 Muslim # 85-1536, Abu Dawud # 3404, Tirmidhi # 1294, Nasa'i # 4633, Musnad Ahmad 3-364.

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صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Anas .2862
disallowed sale of grapes till they were black and of grain till they hardened.1
(رضى الله عنه Tirmjidhi Abu Dawud did transmit it from Anas)
(And) Sayyiduna Anas us an», said that he forbade the sale of dates till they were
ripe. This is the addition is al-Masabih, but it is transmitted by them from) Ibn
Umar رضى اله عنه (who) narrated that the Prophet صلى الله عليه وسلم forbade sale of palm trees
till the fruit was ripe (brilliant in colour).2
COMMENTARY: The compiler of Mishkat has pointed out two discrepancies in al-
Masabih by Baghawi. رحمه الله.The second portion is narrated by Ibn Umar رضى الله عنه not Anas
.(بيع النخل) not (بيع الثمر) and the words in it are ,رضى الله عنه
WRITING OFF DEBT WITH DEBT
(٢٨٦٣) وَعَنِ ابْنِ عُمَّرْ آَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ تَى عَنْ بَع الكالي پالکالي- (رواه الدار قطنى)
2863. Sayyiduna Ibn Umar رضى اله عنه narrated that the Prophet صلى اللهعليه وسلم forbade Bai'
al-Kali bil Kali (debt for debt at a later date).3
COMMENTARY: The word kali' or kali is derived from kala (>5). It means 'delay,
deferring, deb.'
Selling debt for debt is to buy something on the promise of payment at a future date when
the merchandise would be delivered. But, the buyer is unable to pay on the due date, so he
requests the seller to put off the due date with a raised sale price. The seller concedes. The
transaction is thus concluded without delivery of the item or payment of money. The
Prophet صلى الله عليه وسلم forbade this sale because possession is not handed over in this kind.
Some people describe this sale in another manner. It is that a debt is transferred from one
debtor to another. This too is disallowed.
BAI' URBAN
(٢٨٦٤) وَعَنْ عَمْرِو بُنِ شُعَيْبٍ عَنْ آَبِيُّهُ عَنْ جَدِّمٍ قَالَ تَّى تَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ تَيْعِ
الْحِرْبَانٍ - (رواه مالك وابوداود وابن ماجة)
2864. Sayyiduna Amr ibn Shu'ayb a , reported from his father from his
grandfather that Allah's Messenger صلى الله عليه وسلم forbade Bai' urban 4 (which is a
transaction with an unrefundable deposit if the buyer retracts).5
COMMENTARY: Bai' urban is a transaction in which a buyer pays an advance to the seller
which would be adjusted when the balance price is paid, but if the buyer fails to pay the
صلى الله عليه وسلم balance and take delivery then the advance would be forfeited. The Prophet
forbade because the sale is invalid.
However, Sayyiduna Ibn Umar رضى الله عنه and Imam Ahmad رحمه الله hold that Bai' urban is
allowed. The Hanafis say that if the advance is returned to the buyer when he fails to make
1 Tirmidhi # 1232, Abu Dawud # 3371, Ibn Majah # 2217, Musnad Ahmad 3. 221.
2 Tirmidhi # 1230, Abu Dawud # 3308, Muslim # 1535, Nasa'i # 4565, Musnad Ahmad # 4493.
3 Daraqutni # 269 (Buyu)
4 Some places it is spelt urban
5 Abu Dawud # 3502, Ibn Majah # 2192, Muwatta ibn Maalik # 1 (Buyu)

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the payment and complete the deal then it is permitted.
BAI' MUD TAR DISALLOWED
(٢٨٦٥) وَعَنْ عَلِيٍّ قَالَ تَّى تَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعِ الْمُفْطَرِّ وَعَنُ بَيْهِ الْغَرَرِ وَعَنْ بَيْعِ الثَّمَرَةِ
قَبْلَ آَبْ تُدْرِك- (رواه ابوداؤد)
2865. Sayyiduna Ali رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم forbade Bai'
mudtar, Bai' gharar and sale for fruit before it turns ripe.1
COMMENTARY: Bai' mudtar is a forced buying in which the buyer compels the seller to
sell. It falls under the purview of Bai fasid (defined in the introduction to chapter V). The
word Bai' is used here in the sense of buying.
Alternatively, mudtar means 'helpless.' 'needy,' who is compelled to sell his property
owing to a hardship or circumstances for example, a debtor might sell his belonging or
some of them to repay his debt and he does that throwaway prices. So it is not proper for
anyone to buy his property at low prices and take advantage of his plight. Rather, he
should be helped by advancing a loan to him or paying him the full price for what he sells.
In this case the buying will not void or invalid, but it will be correct though with dislike.
Previously, Bai' gharar has been explained (see hadith # 2854).
Also, sale of unripe fruit has been treated earlier (see hadith # 2839, 2840).
NOT ALLOWED TO CHARGE FOR PAIRING ANIMALS
(٢٨٦٦) وَعَنْ أَنَسِ آَكَّ رَجُلًا مِنْ كِلَابٍ سَأَلَ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنُ عَسْبِ الْفَحْلِ فَنَهَاهُ فَقَالَ يَا
رَسُولَ اللَّهِإِنَّا نُطْرِفُ الْفَحُلَ فَتُكُرَمُ فَرَخَّصَ لَهُ فِي الْكُرَامَةِ-(رواه الترمذى)
صلى الله narrated that a man from kilab asked the Prophet رضى الله عنه Sayyiduna Anas .2866
joke about lending a male animal to pair with a female on hire. He disallowed
him to do so. However, the man said, "O Messenger صلى الله عليه وسلم of Allah. We lend
the male to pair with a female and are given a gift." So, he gave him permission to
receive the gift.2
DO NOT SELL WHAT YOU DO NOT POSSESS
(٢٨٦٧) وَعَنْ حَكِيْمِ بْنِ حِزَاءٍ قَالَ ثََّانِيِ تَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ اْ أَبِيُعَ مَا لَيْسَ عِنْدِىُ زَوَاهُ
التِّرْمِذِىُّ- وَفِيْ رِوَايَةٍ لَهُ وَلِآَبِ دَاؤدَ وَالنََّائِىُّ قَالَ قُلْتُ يَارَسُولَ اللَّهِ يَأْتِيْنِىِ الرَّجُلُ فَيُرِيِدُ مِتِى الْبَيْغَ وَلَيْسَ
عِنْدِىٌ فَابْتَاءُ لَهُ مِنَ الشُّوْقِ قَالَ لَاتَبِعُ مَا لَيْسَ عِنْدَكَ۔
صلى الله عليه وسلم said, "Allah's Messenger رضى الله عنه Sayyiduna Hakim ibn Hizam .2867
forbade me to sell that which I do not possess."
According to another version: He said, "I asked, O Messenger of Allah, someone
comes to me and wishes to buy from me something that I do not have, so I buy it
from the market for him.' He said, 'Do not sell what you do not have.'3
1 Abu Dawud # 3382, Musnad Ahmad 1-116.
2 Tirmidhi # 1278.
3 Tirmidhi # 1237, Abu Dawud # 3503, Musnad Ahmad 3-402, Nasa'i # 4613, Ibn Majah # 2787

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COMMENTARY: There can be two cases of this:
(1)
He neither owns that thing nor has it with him. In this case, the sale is not
correct at all.
(2)
He does not own it but has it in his hands and it belongs to someone else. In
this case, the sale is correct only with the owner's permission. If he sells it
without the owner's permission then Imam Ahmad al-, Imam Maalik al dass
and Imam Ahmad al >, hold that the soundness of otherwise of the sale
depends on the owner's willingness. If he approves then it is correct, otherwise
not. On the other hand, Imam Shafi'I al>, contends that it is not correct at all
irrespective of the owner's approval or otherwise.
The first case includes sale of such a thing as has not been possessed, or has been lost, or
has disappeared like a slave, or he is not able deliver it to the buyer like birds in the air and
fish in the sea.
It must be borne in mind that the disallowance is in cases apart from Bai' as-salam because
it is allowed in the sight of all the ulama (Scholars) with specified and known conditions. A
detailed discourse on Bai' as-salam will follow in the chapter on it, misha Allah.
DO NOT COMBINE TWO SALES IN ONE
(٢٨٦٨) وَعَنُ آٍ هُرَيْرَةَ قَالَ تَّى رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعَتَيْنِ فِي بَيْعَةٍ - (رواه مالك
والترمذى وابوداود والنسائى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .2868
forbade that two transactions should be combined in one.1
COMMENTARY: There can be two ways of combining two sales in one.
(1)
Someone offers to sell to another a thing for a certain sum of money but
stipulates that he too should sell a certain thing belonging to him for a certain
sum of money. This kind of sale is not correct.
(2)
Someone offers to sell to another person something belonging to him on part
cash and part deferred. This too is disallowed, provided one of these two
things is not determined and the buyer has choice to either pay cash or to pay
later. If one of them is determined and the transaction is not dubious then it is
a correct bargain.
(٢٨٦٩) وَعَنْ عَمْرٍو بُنِ شُعَيْبٍ عَنْ أَبِيُّهُ عَنْ جَدٍِّ قَالَ تَى تَسْوُلُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ يُعتَبْنِ فِى
صَفْقَّةٍ وَاحِدَةٍ - (رواه فى شرح السنة)
2869. Sayyiduna Amr ibn Shu'ayb aus, narrated on the authority of his father
(Shu'ayb) رحمه الله from his grandfather (Sayyiduna Abdullah ibn Amr) رضى الله عنه that
Allah's Messenger صلى الله عليه وسلم forbade two sales in a single transaction.
COMMENTARY: The commentary of the previous hadith applies here too.
DO NOT LINK CREDIT WITH SALE
(٢٨٧٠) وَعَنْهُ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَا يَحِلُّ سَلْ وَبَيْهُ وَلَا شَرْطَانٍ فِيْ بَيْمٍ وَلَّارِئُ مَالَمُ
1 Tirmidhi # 1235, Abu Dawud # 3461, Nasa'i # 4632.
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يُضْمَنُ وَلَّا بَيْعُ مَا لَّيْسَ عِنْدَكَ - رَوَاهُ التِّرْ مِذِىُّ وَأَبُوْدَادَ وَالنَّسَائِىُّ وَقَالَ النِّزْمِذِىُّ هَذَا حَدِنِثُ صَحِيمُ۔
صلى الله عليه وسلم reported that Allah's Messenger رحمه الله Sayyiduna Amr ibn Shu'ayb .2870
said, "linking a loan to a sale is not lawful. Placing two conditions for one sale is
not allowed. Profit on that of which he is not a possessor is not allowed. And, it is
not lawful to sell what is not in your possession."1
.
COMMENTARY: The two things loan and selling (or business transaction) must not be :
connected together. Thus, it is not allowed to any one to sell anything to a person on condition
that he give him a loan. Or, it is forbidden also that any one who lends money to another, sells
to the debtor something at higher than prevailing rates. This is unlawful because the debtor
pays more only for the loan he has received. If any one derives a profit from a loan extended
then that is unlawful. It is a ploy worked out by the interest takers or usurers.
The issue of combining two sales in one transaction has been explained previously (see
commentary on hadith # 2868, 2869). Some ulama (Scholars) say, however, that it means
that the seller must not sell anything of his on two conditions. For instance, a seller might
say to the buyer, "I sell to you this piece of cloth at so much on condition that I shall get it
· washed too." This is not allowed. The hadith forbids two conditions by a coincidence
otherwise even one condition in a business transaction is disallowed.
Profit of what one is not a possessor is not allowed to him. If someone buys a thing from a
seller but has not yet received in it his possession and meanwhile, the seller gets rent on it,
the buyer cannot claim the rent himself as its owner because if that thing had been
destroyed, in the hands of the seller, the loss would be borne by the seller and the buyer
would not lose anything. On the same basis, whatever profit accrues in this course belongs
to the seller. The buyer has no right over it.2
CHANGE OF CURRENCY ALLOWED WHILE PAYING PRICE
(٢٨٧١) وَعَنِ ابْنِ عُمَرَ قَالَ كُنْتُ آَيُْ الْإِبِلَ بِالنَّقِيْعِ بِالدَّبَّانِيْرِ فَأَخُذُّ مَكَّمَا الذَّرَاهِمَ وَآَيْهُ بِالذَّرَاهِمِ
، فَأْخُذُ مَكَانَهَا الدَّنَانِيْرَ فَأَتَيْتُ النَِّيَّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فَذَكَرْتُ ذُلِكَ لَّهُ فَقَالَ لَا بَأْسَ آَنْ تَأْخُذَهَا پِعُرٍ
يَوْمِهَا مَالَمْ تَقْتَِّقلوبَيْنَكُمَا شَىء۔ (رواه الترمذى وابوداود والنسائى والدارمى)
2871. Sayyiduna Ibn Umar us à+, said, "I used to sell the camels at an Naqi' for
1 Tirmidhi # 1238, Abu Dawud # 3504, Nasa'i # 4611 or 4642, Ibn Majah # 2198, Musnad Ahmad 2-178.
2 We reproduce comments on this hadith from Tirmidhi (hadith # 1238)
Ishaq ibn Mansur asked Ahmad what was meant by prohibition of salaf and Bai? He said, "Someone
gives a loan to another and then sells something to him for more then its price. It is also possible that
someone offers the cost of something as loan, saying that if he could not pay back the loan the thing
stand soldto him," Ishaq then asked Ahmed what it meant to say that profit is not allowed if one is
not a guarantor. He said, "I think this concerns only grain and the like, till it is in one's possession."
Ishaq said that the same ruling applied to that which is weighed and measured, meaning it Is not
lawful to sell them before they are on hand. Ahmed said: If anyone says, "I have sold you this piece
of cloth on condition that I am responsible for stitching and washing". Then it is an example of two
conditions in one transaction. But if he says, "I sell you this piece of cloth and its stitching is also on
me", then there is no harm in that. Similarly, if only the condition washing applies then too it is
allowed because that is only one condition ;.
(Tirmidhi English translation Darul Isha'at, Karachi vol I)

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dinars but take in their place dirhams. And I would sell for dirhams but take in
place of them dinars. Then I came to the Prophet صلى الله عليه وسلم and mentioned this to
him. He said, 'It does not matter if you take them at the rate of the day as long as
you do not part from one another with something unfinished (between you two)."1
COMMENTARY: It is mustahab (desirable) to exchange currency at the prevailing rate but
allowed to charge any rate.
The two parties must settle their matter in the very meeting in which they make the
bargain. They must take hold of their things when they decide on buying and selling and it
is on this condition that they are allowed to exchange dirhams for dinars and vice versa
(any currency). If this is not done then the cash transaction will fall under the purview of a
credit transaction and become unlawful because of resemblance to riba. It is said of Shaykh
ali Muttaqi al was, that when he sent his servant to the market in Makkah, he gave him
instructions to ensure hand to hand delivery when concluding a bargain.
Ibn Hammam al >, said that the currency (dirham) is fluctuating (in value). So if a
shopkeeper is shown a dirhams against which he is asked to sell something then the
dirham may be replaced with another dirham provided it is of the same value.
صلى الله عليه وسلم A DOCUMENT FROM THE PROPHET
(٢٨٧٢) وَعَنِ الْعَدَّاءِ بُنِ خَالِدِ بْنِ مَوْذَّةً أَخْرَجَ كِتَابًا هذَا مَا اشْتَرَى الْعَدَّاءِ بنُ خَالِدٍ بُنِ هَوْذَةً مِنْ مُحَمَّدٍ
رَسُوْلِ اللّهِ صَلَى اللَّهُ عَلَيْهِ وَسَلَّمَ اشْتَرِى مِنْهُ عَبْدًا أَوْآَمَةٌ لَادَاء وَلَّا غَائِلَةً وَلَّا خِبْئَةً بَيْعَ الْمُسْلِمِ الْمُسْلِمَ-
رَوَاهُ التِّرِمِذِىُّ وَقَالَ هُذَا حَدِيْثْ غَرِيبٌ.
2872. Sayyiduna Al 'Adda' ibn Khalid ibn Hawdhah usd +, is known to have taken
out a writing that read; "This is what al-Adda ibn Khalid ibn Hawdhah bought
from Muhammad Messenger of Allah. He bought from him a slave, or a female
slave, with no disease and no wickedness, and he is not unlawful. This is a
transaction between two Muslims."2
COMMENTARY: The words 'a slave or a female slave' express the narrator's uncertainty
as to the correct word used, for he had forgotten which was said.
"There is no disease' means that there is no insanity in him, no leprosy or any other
contagious disease.
"There is no wickedness' means that he is not a thief and not liable to runaway.
'He is not unlawful' means that his nature is good and he has no evil manner or deeds. He
is not an illegitimate child, an indecent, a liar or a robber.
The concluding words are 'a transaction between a Muslim and a Muslim.' These words
call for mutual respect, goodwill and giving rights of Islam. Every Muslim must be mindful
of these things in his dealings with other Muslims.
In short, this 'writing' confirms that the slave is good with no defect. It also confirms that
the two parties have not deceived one another.
Imam Tirmidhi at , has said that this hadith is hasan gharib. It is transmitted only
1 Tirmidhi # 1242, Abu Dawud # 3354, Nasa'i # 4582, Ibn Majah # 2262, Darimi # 2581.
2 Bukhari book of Buyu ch 19 subheading above hadith 2079, Tirmidhi # 1220, Ibn Majah # 2251,
Musnad Ahmad # 20357.

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through Abbad ibn Layth and through no other sanad. Moreover, the scholars of hadith
regard Abbad as da'if (weak) in transmission.
The ulama (Scholars) say that the Prophet صلى الله عليه وسلم did not engage in any business
transaction of a worthwhile nature after hijrah. If he had, then that was of a rare degree.
Before hijrah, of course, he had engaged in both buying and selling.
The version in Bukhari is:
هُذَا مَا اشْتَرِى مُحَمَّدْ تَّسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مِنْ عَذَّاءِ بُنِ خَالِد
(This is what Muhammad, Allah's Messenger صلى الله عليه وسلم bought from al-Adda ibn
{ ..... رضى الله عنه Khalid
رضى was the buyer and al'Adda صلى الله عليه وسلم Thus, Bukhari's version means that the Prophet
us in the seller. However, the version narrated here is contrary to it, for, it say that Al-Adda
ibn Khalid رضى الله عنه was the buyer and the Prophet صلى اللهعليه وسلم was the seller.
. AUCTION SALE IS ALLOWED
(٢٨٧٣) وَعَنْ آَنَّسِ آَّ رَسُولَ اللَّهِ صَلَى اللَّهُ عَلَيْهِ وَسَلَّمَ بَاءَ حِلْمًا وَقَدَحًا فَقَالَ مَنْ يَشْتَرِىُ هذَا الْحِلُسَ
وَالْقَدَعَ فَقَالَ رَجُلْ أَخُذُهُمَا بِدِرْهٍَ فَقَالَ النَِّىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَنْ يَزِيْدُ عَلَى دِرُهَمٍ فَأَعْظَاهُ رَجُلْ
دِرُهُمَيْنِ فَبَاعَهُمَا مِنْد (رواه الترمذى وابوداود وابن ماجة)
2873. Sayyiduna Anas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم offered for
sale a woolen covering (placed under a saddle) and bowl, asking, "who will buy
this woolen covering and bowl?" A man offered, "I shall take them both for a
dirhams." The Prophet صلى الله عليه وسلم then asked, "Who will give more than a dirham?"
So, another man paid him two dirhams and he sold the two things to him."1
COMMENTARY: The background of this sale is that a man requested the Prophet la.
, for some help. He asked him if he possessed something and he said that he had only a
woolen covering that is kept under a saddle cloth over a camel and a bowl. So, the Prophet
asked him to sell them and get something to feed himself. After that, when he صلى الله عليه وسلم
had nothing, he might ask for charity. Then, the two things were sold as described in the
hadith. This kind of sale is called (Les) (sale to one who will increase or raise price) and
. (z') (haraj - auction or public sale). This kind of sale is allowed in Shari'ah (divine law).
As for the prohibition to bid against anyone else or outbid him, that is when buyer and
seller have agreed on a transaction. In such cases, it is disallowed to interfere in their deal
and mess up their transaction. The kind of sale here is quite different. The seller's intention
is to invite higher bids as in an auction.
It is enough that the seller gives the merchandise and the buyer gives the price, even if they
say nothing.
1 Tirmidhi # 1222, Abu Dawud # 1614, Nasa'i # 4508, Ibn Majah # 2198, Musnad Ahmad 3. 114.

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اَلْفَضْلُ الثَّالِثُ
SECTION JII
WARNING TO SELLER OF DEFECTIVE THINGS FRAUDULENTLY
(٢٨٧٤) عَنْ وَاثِلَةَ بْنِ الْأَسَقْوَ قَالَ سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُولُ مُنَ بَاءَ عَيْبًا لَمْ يُنَّهُ لَهُ
يَزَلْ فِى مَقْتِ اللّهِ أَوْلَمْ تَزَلِ الْمَلَائِكَةُ تَلْعَنُّه- (رواه ابن ماجة)
2874. Sayyiduna Wathilah ibn Asqa us a >, narrated that he heard Allah's
Messenger صلى الله عليه وسلم say, "If anyone sells something that is defective without
disclosing the defect, then he does not cease to be in Allah's anger" - or (he said)
"the angels do not cease to curse him."1
CHAPTER - VI
(MORE CONCERNING THE PREVIOUS CHAPTER)
بَاب
SECTION I
الفضلُ الآول
SALE OF FRUIT BEARING TREES
(٢٨٧٥) عَنِ ابْنِ عُمَرَ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ مَنِ ابْتَاءَ نَخْلًّا بَعْدَ أَنْ تُؤَبَّرَ فَقَمَرَهُمَا
لِلْبَائِعْ إِلَّ أَنْ يَشْتَرِطَ الْمُبْتَاءُ وَمَنِ ابْتَاءَ عَبْدًا وَلَهُ مَالْ فَمَالُهُ لِلْبَائِعِ إِلَّ ◌َدْ يَشْتَرِطَ الْمُبْنَاءُ - رَوَاهُ
مُسْلِمْ وَرَوَى الْبُخَارِىُّ الْمَعْنِى الْأَوَّلَ وَحْدَهُ-
2875. Sayyiduna Ibn Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, "If
anyone buys palm trees after the dates are fertilized then its fruit belongs to the seller
unless the buyer places a condition. And if anyone buys a slave who owns property
then the property belongs to the seller unless the buyer places a condition."2
Bukhari has only something like the first part.
COMMENTARY: The Arabs believed that if the flower of a male palm tree was placed in
the female palm tree, they would have more fruit.
The hadith speaks of such a tree. If anyone buys from the seller a fertised tree, then the fruit
that is on the tree at the time of the bargain belong to the seller unless the buyer stipulates
that he buys the tree with the fruit on it. In the latter case, the fruit will belong to the buyer.
The Hanafis hold that this command applies also to the trees that are not fertilized. But,
Imam Shafi'I at, and Imam Ahmad alus>, hold that the fruit of trees that are not fertilized
are not part of the bargain at all.
A slave does not own any property, so the hadith indicates that if he has something
when the bargain is struck then that belongs to the seller unless the buyer makes it a
provide of the contract.
The clothes that a slave wears at the time of the bargain are not included in the sale unless
the buyer makes them part of the transaction. Some ulama (Scholars) of the Hanafi school
1 Ibn Majah # 2274.
2 Bukhari # 1106, Muslim # 80-1543, Tirmidhi # 1248, Ibn Majah # 2211, Abu Dawud # 3433, Nasa'i #
4636, Musnad Ahmad 2-178.

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say that the clothes are part of the bargain. Some others say that only the clothes that are
enough to cover his satr (private parts) are part of the bargain. (Satr is that part of the body
that must be covered before other people in all circumstances.) However, the more correct
thing is that, according to the apparent meaning of the hadith, nothing meaning of the
hadith, nothing belonging to him and no part of it (like clothing) can be part of the sale.
CONDITIONAL BARGAIN
(٢٨٧٦) وَعَنْ جَابِرٍ أَنَّهُ كَابَ يَسِيْرُ عَلَى جَمَلٍ لَهُ قَدْأَ عْلِى فَمَرَّ النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بِهِ فَضَرَ بَهُ فَسَارَ سَيْرًا
لَيْسَ يَسِيُرُ مِثْلَهُ ثُمَّ قَالَ بِعْنِيْهُ بِوُقِيَّةٍ قَالَ فَبِعْتُهُ فَاسْتَقْنَيْتُ كُمْلَانَه إِلَى أَهْلِيُ فَلَمَّا قَدِهْتُ الْمَدِيْنَةَ أَتَيْتُه
بِالْجُمَّلِ وَ نَقَدَنِيْ ثَمَنَهُ- وَفِيْ رِوَايَةٍ فَأَعْطَانِيْ ثَمَنَّهُ وَرَدَّهُ عَلَّىَّ مُتَّفَّقْ عَلَيْهِ وَفِيْ رِوَايَةٍ لِلْبُخَارِيِّ إِنَّهُ قَالَ لِلَالٍ
إِقُضِهِ وَزِدُهُ فَاعُطَاهُ وَزَادَهُ قِيْرَاطَّا-
2876. Sayyiduna Jabir usk», narrated that while he was travelling on a camel of his
(to Madinah), it had fatigued (seemingly unable to walk). So, when the Prophet .
Luleå passed by it, he struck it (with a stick or whip). Thus, it ran (as fast) as it had
never before sped. Then he said, "Sell it to me for one ooqiyah (or waqiyay)." He
said, "I have sold it to you but I stipulated that I should ride it up to my family."
When he came to Madinah, he brought it to him (the Prophet) صلى الله عليه وسلم and he
paid him its price promptly.
According to a version: He paid him its price and turned it to him.
According to another version (only in Bukhari): He said to Bilal, "Pay him and
increase on that." So he paid him and gave one qirat over that.1
COMMENTARY: Waqiyah or ooqiyah was about forty dirhams.
It is allowed for a seller to stipulate that he would keep the animal for a certain period of
time before delivering it. Imam Ahmad att, abides by it. Imam Maalik als, says that it is
allowed to place this condition when selling something provided the distance is short and
in this case Jabir As an », had to go only till Madinah. Hence, he placed the condition
because of the short distance and it was accepted. However, Imam Abu Hanifah ants, and
Imam Shafi'I with any such condition in which the seller or the buyer stands to gain
whether the distance is short or long. They cite the hadith in which the Prophet ,,le in
forbade a conditional sale. They explain this hadith as an exceptional concession to
Sayyiduna Jabir. رضى الله عنه not allowed to any one else. Or, Jabir رضى الله عنه may have sought
permission to use the animal after the sale was transacted and the Prophet صلى الله عليه وسلم let
him use his animal up to Madinah.2
RIGHT OF WALA BELONGS TO ONE WHO SETS FREE
(٢٨٧٧) وَعَنْ عَائِشَةَ قَالَتْ جَاءَتُ بَرِيرَةٌ فَقَالَتْ إِنْ كَاتَبْتُ عَلَى تِسْعِ آَوَاقٍ فِيْ كُلِّ عَامٍ وَقِيَّةٌ فَأَعْيِنِيْنِىْ فَقَالَتْ
عَائِشَةُ إِنْ أَحَبَّ أَهْلُكِ إِنْ أَعْدَّهَا لَهُمْ عَدَّةً وَاحِدَةً وَأُعْتِقَاتٍ فَعَلْتُ وَيَكُؤُهُ وَلَاءُتِ لِيْ فَذَّهَبَتُ إِلى
1 Bukhari # 2718, Muslim # 109-715.
2 See 'The life of Prophet Muhammad p 845 (English of Ibn Kathir sirat) urdu MIrades - Dar ul
Isha'at, Karachi.

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أَهْلِهَا فَأَبُوا إِلَّ انْ تَكُوْنَ الْوَلَّاء لَهُمْ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ خُذِيْهَا وَأَعْتِقِيْهَا ثُؤَّ قَامَ
تَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِ النَّاسِ فَحَمِدَ اللّهُ وَ أَثْنَى عَلَيْهِ ثُمَّ قَالَ آَمَّا بَعْدُ فَمَا بَلُ رِجَالٍ
1
يَشْتَرِ طُوْنَ شُرُؤْظًا لَيْسَتْ فِي كِتَابِ اللَّهِ مَا كَانَ مِنْ شَرْطِ لَيْسَ فِي كِتَابِ اللّهِ فَهُوَ بَاطِلْ وَإِنْ كَانَ
مَاتَةَ شَرْطٍ فَقَضَاءِ اللهِ أَحَقُّ وَشَرْطُ اللهِ أَوْثَقُ وَإِنَّمَا الْوَلَّاء لِمَنْ أَعْتَقَ - (متفق عليه)
2877. Sayyidunia Ayshah !رضى الله عنها narrated that Sayyidah Barirah رضى اللهعنها came to her
and said, "I have concluded a mukatabah (to buy my own freedom from my
masters) for nine ooqiyas, at one ooqiyah every year. So, help me." Sayyiduna
Ayshah que al+, said, "If your masters wish then I shall count them out to them all
at once for setting you free and I shall have the right of wala (which is the right of
inheritance) from you." She went to her masters but they declined unless wala'
belonged to them. So, Allah's Messenger صلى الله عليه وسلم (on learning of it) and, "Take
her and set her free." Afterwards he stood before the people, praised and glorified
Allah and addressed them, "To proceed, what is wrong with the people who impose
conditions that are not found in Allah's Book? A condition not found in Allah's
Book is of no standing, even if they are one hundred conditions. Allah's decree is
the most valid and Allah's condition is the most obligatory. And, wala is only for
one who sets (a slave) free."1
COMMENTARY: Mukatabah is an agreement between a slave and his master in which the ·
slave commits to pay a specified sum of money to buy his freedom when his master sets
this condition. If he fails to pay the amount he remains in slavery. The agreement is called
mukatabah or kitabah and the slave (male or female) is mukatab.
Wala is the right conferred on the slave's master on setting him free. If such a slave dies as
a freeman and leaves behind some property and has no relatives surviving him then all his
legacy goes to the master who set him free.
Sayyidah Barirah رضى الله عنها was the female slave of Sayyidah Ayshah رضى الله عنها . She belonged
to a Jews before that. The rest of the account is apparent from the hadith.2
NOT ALLOWED TO TRANSFER RIGHT OF WALA TO ANYONE
(٢٨٧٨) وَعَنِ ابْنِ عُمَرَ قَالَ تَّى رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنُ بَيْعِ الْوَلَّاءِ وَعَنْ هِبَتِهِ- (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Ibn Umar .2878
forbade the selling or giving away as gift the right of wala (inheritance from an
emancipated slave).3
COMMENTARY: If anyone gets a right of wala on setting his slave free then he cannot sell
his right nor make a gift of it because it is not a property of any kind. All the ulama
(Scholars) hold this contention.
1 Bukhari # 2168, Muslim # 6-1504, Abu Dawud # 3929, Tirmidhi # 1260, Ibn Majah # 2525, Muwatta
Maalik # 17 (Irq) Musnad Ahmad 6-213.
2 See also 'Sirat un Nabi Allama Shibli Numani and Sajjad Suleman. Nadvi (v7 p 47) English
translation Darul Ishaat, Karachi.
3 Bukhari # 2135, Muslim # 16. 1502 Tirmidhi # 1240, Abu Dawud # 2919, Ibn Majah # 2747, Darimi #
3156, Muwatta Maalik # 20 (Itq) Musnad Ahmad # 4560.

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الفَضل الثَّانِى
SECTION II
PROFIT BELONGS TO ONE WHO BEARS LOSS
(٢٨٧٩) عَنْ مَخْلَدٍ بُنِ خُفَافٍ قَالَ إِبْتَعْتُ غُلَامًا فَاسْتَغْلَلْتُهُ ثُوَّ ظَهَرُتُ مِنْه عَلَى عَيْبٍ فَخَاصَمْتُ فِيْهِ إلى
مُمَّرَ بُنِ عَبْدِ الْعَزِيزِ فَقَفى ◌ِيْ بِرَدِهِ وَقَفَى عَلَّ بِرَدٍ غَلَّتِهِ فَأَتَيْتُ عُرُوَةً فَأَخْبَرَتُهُ فَقَالَ أَرُوْءُ إِلَيْهِ الْعَشِيَّةَ فَآَخْبِرُهُ
أَكَّ عَائِشَةَ أَخْبَرَ تُنِيِ آَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَفَى فِ مِثْلٍ هُذَا آَّ الْخُرَاءَ بِالضَّمَّانِ
فَرَاحٌ إِلَيْهِ عُرُوَةُ فَقَفى ◌ِى أَنْ أَخُذَ الْخُرَابَ مِنَ الَّذِىُ قَفَى بِهِ عَلَّ لَهْ رَوَاءُ فِيْ شَرُحِ الْهُنَّةِـ
2879. Sayyiduna Makhlad ibn Khufaf àluz, said that he bought a slave when he
engaged to earn something for him. But, after that, he detected a defect in him (that
was inherent in him but the seller had not informed him of it). So he raised the
dispute before Sayyiduna Umar ibn Abdul Aziz als,. He decided in his favour that
he might return the slave (to the seller) and against him that his earnings should be
returned (to him too). Therefore, (not satisfied) he met Sayyiduna Urwah (ibn
Zubayr, àluz, a learned tabi'e jurist) and informed him (of Umar's judgement). He
said that he would go to him that evening and enlighten him that Sayyidah Ayshah
had passed judgement صلى الله عليه وسلم had informed him that Allah's Messenger رضى الله عنها
in a case like it that after a sale any profit belongs to the buyer (who shoulders
responsibility). Urwah als, went to him and (informed him of it, and) he decided
in his favour that he should take the Kharaj (homage revenue) (profit) from him for
whom he had decided against him.1
COMMENTARY: If the slave dies or a defect grows in him while he is in the buyer's
possession that would be the buyer's loss. So, by the some taken, all (profit) earnings by the
slave while in his possession will go to him.
WHEN BUYER & SELLER DISAGREE
(٣٨٨٠) وَعَنْ عَبْدِ اللَّهِ بْنِ مَسْعُوْدٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِذَا خْتَلَفَ الْبَيِّعَانِ فَالْقَوْلُ
قَوْلُ الْبَّائِعِ وَ الْمُبْتَاءُ بِالْخِيَارِ دَوَاهُ النِّزْمِذِىُّ- وَفِيْ رِوَايَةِ ابْنِ مَاجَةً وَالدَّارِمِيِّ قَالَ الْبَيِّعَانٍ إِذَا اخْتَلَفًا
وَالْمَنِيْعُ قَائِهْ بِعَيْنِهِ وَلَيْسَ بَيْنَهُمَا بَيِّنَةٌ فَالْقَوْلُ مَا قَالَ الْبَّائِهُ أَوِيَتََّدَّانِ الْبَيَّْ - (ترمزى)
صلى الله narrated that Allah's Messenger رضى الله عنه Sayyiduna Abdullah ibn Mas'ud .2880
the said, "when the buyer and seller disagree, the seller's word prevails and the
buyer has option to revoke the bargain or retain it."2
According to another version: "When the buyer and seller disagree and the item
being sold and bought is there intact (in its original condition) and there is no witness
between them, then the seller's word prevails or they both may revoke the bargain."3
COMMENTARY: Buyer and seller do disagree now and then on different aspects of the
1 Tirmidhi # 1289, Abu Dawud # 3509, Nasa'i # 4490, Musnad Ahmad 6. 49, Sharh us Sunnah
(Prophet's صلى اللهعليهوسلم practice).i
2 Tirmidhi # 1274.
3 Abu Dawud # 3511, Nasa'i # 4648, Ibn Majah # 2186, Darimi # 2549, Musnad Ahmad 1-466.
1