| Hadiths

Bukhari Hadiths 1356
Muslim Hadiths 558

Hadith

2137

Narrated Ibn ‘Umar (may Allah be pleased with him):
I saw the people buy foodstuff randomly without measuring it during the lifetime of Allah's Messenger ﷺ and they were punished (by beating), if they tried to resell it before carrying it to their own houses..

2138

‘Aa’ishah (may Allah be pleased with her) said:
Rarely did the Prophet ﷺ fail to visit Aboo Bakr's house every day, either in the morning or in the evening. When the permission for migration to Al-Madeenah was granted, the Prophet ﷺ came to us at noon, which was unusual time of the day for him to come. When Aboo Bakr (may Allah be pleased with him) was informed, he said, "Certainly the Prophet ﷺ has come for some urgent and serious matter!" The Prophet ﷺ said to Aboo Bark (may Allah be pleased with him), when the latter entered: "Let nobody stay in the house (i.e., I would like to talk with you in private)." Aboo Bakr (may Allah be pleased with him) said, "O Allah's Messenger ﷺ! There are only my two daughters (i.e., ‘Aa’ishah and Asmaa’ (may Allah be pleased with them)) are present." The Prophet ﷺ said, "I have been granted permission to migrate." Aboo Bakr (may Allah be pleased with him) said, "Will I accompany you, O Allah's Messenger ﷺ?" The Prophet ﷺ said, "Yes, you will accompany me." Aboo Bakr (may Allah be pleased with him) then said "O Allah's Messenger ﷺ! I have two she-camels I have prepared specially for the migration, so I offer you one of them. The Prophet ﷺ said, "I have accepted it on the condition that I will pay its price.".

Commentary :
Abu Bakr (may Allah be pleased with him) was the closest friend to the Prophet ﷺ, and his companion in the migration. He (may Allah be pleased with him) was endowed with the greatest share of faith and belief compared to all Muslims, so much that had his faith been weighed against that of all people, his faith would have outweighed theirs.
This hadeeth underlines an aspect of the strength and genuineness of the relationship between the Prophet ﷺ and Aboo Bakr (may Allah be pleased with him). The Mother of the Believers ‘Aa’ishah (may Allah be pleased with her) stated that the Prophet ﷺ frequently visited his friend Aboo Bakr (may Allah be pleased with him) in the early days of Islam in Makkah. He ﷺ used to visit him either at sunrise or sunset. When Allah, Exalted is He, granted the Prophet ﷺ the permission to migrate from Makkah to Al-Madeenah, the Prophet ﷺ visited Aboo Bakr’s house at noon, and he ﷺ would not have visited him at such an unusual time except for an urgent and serious matter!
Given the seriousness and gravity of the situation, jeopardizing the lives of the Prophet ﷺ and Aboo Bakr (may Allah be pleased with him), the Prophet ﷺ asked to speak with him in private to inform him of the migration.
Aboo Bakr (may Allah be pleased with him) informed the Prophet ﷺ that only histwo daughters, namely ‘Aa’ishah and Asmaa’ (may Allah be pleased with them), were in the house. Thereupon, the Prophet ﷺ informed him that he ﷺ was granted the permission to migrate to Al-Madeenah. Since Aboo Bakr (may Allah be pleased with him) eagerly waited for that greatopportunity, he (may Allah be pleased with him) asked the Prophet ﷺ to accompany him during the journey, despite his knowledge of the gravity of the situation. The Prophet ﷺ granted him the permission to accompany him. In fact, he ﷺ had commanded him to remain in Makkah and did not grant him the permission to migrate to Al-Madeenah earlier with the other Companions (may Allah be pleased with them), so to accompany him when he would be granted the permission (from Allah, Exalted is He).
Aboo Bakr (may Allah be pleased with him) had bought and prepared two she-camels for the Prophet ﷺ and himself for that journey.
When permission was granted to the Prophet ﷺ to migrate to Al-Madeenah, he (may Allah be pleased with him) offered one of the two she-camels to the Prophet ﷺ, who accepted it on the condition that he ﷺ pay him its price.
The hadeeth highlights the virtues and merits of Aboo Bakr (may Allah be pleased with him).
It is also deuced therefrom that the Prophet ﷺ keenly sought the benefit of Aboo Bakr (may Allah be pleased with him) as he ﷺ refused to accept the she-camel without paying its price..

2140

Narrated Aboo Hurayrah (may Allah be pleased with him)
Allah's Messenger ﷺ forbade the selling of goods by a town dweller on behalf of a desert dweller; and similarly, Najsh was forbidden, and one should not override someone’s sale by urging the buyer to return the goods to the seller so as to sell him his own goods (for a lower price); nor should one propose to a woman who has already been engaged to someone else; and a woman should not try to cause the divorce of her fellow Muslim sister in order to deprive her of what belongs to her.”.

Commentary :
The Laws of Islam regulates people’s dealings and interactions when conducting sales and business transactions. It has laid down rules and principles clarifying the essential matters to avoid disputes among people, and help them conduct lawful and smooth business transactions that are free of ambiguity, deceit, and Laws of Islam violations.
In this hadeeth, the Prophet ﷺ forbade some business transactions that may lead to discord, hatred, and dishonesty among Muslims. Therefore, he ﷺ forbade a town dweller to sell goods on behalf of a desert dweller (or vice versa). This means that a desert dweller may not appoint a town or urban dweller to sell his commodity on his behalf in a given village or town for higher prices, acting as a broker and mediator in the sales transaction.
The wisdom behind the prohibition in this regard is that it best serves people’s interests; an urban dweller may sell the commodity for a higher price, but if the desert dweller sells his own goods, he may sell it for a lower price, and this would be more beneficial for people. Moreover, an urban dweller may harm the interests of the desert dweller, i.e., principal, and be a means of exposing him to deceit.
Likewise, the Prophet ﷺ forbade Najash (i.e., bidding to raise the price without intention to buy) to deceive others into buying a commodity for a higher price. The wisdom behind the prohibition in this regard is because it involves deceit and trickery of people.
He ﷺ also forbade overriding a sales transaction conducted by one’s fellow Muslim. For instance, one may offer a buyer of a given commodity to sell it to him for a lower price if he cancels the previous sale transaction after concluding it and before leaving the contract session, or during the period of Khiyaar Al-Shart (i.e., the right of one or both or a third party to confirm or cancel a contract within a specified period of time). The same ruling applies to overriding a seller’s salestransaction after its finalization, offering him a higher price for it and urging him to annul the other transaction.
Likewise, the Prophet ﷺ forbade a Muslim from proposing to a woman who is already engaged to his fellow Muslim brother. This may happen when someone proposes to a woman, she proclaims her approval, and they agree on the Mahr (dower), but another man proposes to her before the conclusion of the marriage contract, offering her a bigger Mahr, for instance, or opting for other means to tempt her to accept his proposal.
Afterward, the Prophet ﷺ also forbade a Muslim woman from causing the divorce of her fellow Muslim sister in order to deprive her of what belongs to her. This means that a woman must not urge her husband to divorce her co-wife to (get rid of her,) deprive her of him, and have him all for herself.
The version narrated by Aboo Daawood reads: “…and to marry him. She will have what is decreed for her,” meaning that she must not condition her marriage upon another woman’s divorce. She must not stipulate another woman’s divorce as a condition to her marriage withthis man. Rather, she should marry him (if she wishes) and the decrees of Allah, Exalted is He, for her would inevitably come to pass.
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2142

Narrated Ibn ‘Umar (may Allah be pleased with him):
Allah's Messenger ﷺ forbade Najsh..

2143

‘AbdullahNarrated Ibn ‘Umar (may Allah be pleased with him):
Allah's Messengerﷺ forbade the sale called Bay‘ Al-Habalh, which was a kind of sale practiced in the Pre- Islamic period of ignorance, whereby a man bought an unborn she-camel which was to be the offspring of an unborn she-camel!
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2150

Narrated Aboo Hurayrah (may Allah be pleased with him)
Allah's Messenger ﷺsaid, "Do not go out to meet the trading caravan (to buy from the traders on the way before they reached the town or marketplace). Do not override someone’s sale transaction by urging buyers to cancel their purchases to sell them (your own goods for lower prices), and do not practice Najsh. A town dweller may not sell the goods on behalf of a desert dweller. Do not leave sheep unmilked for a long time, when they are on sale, and whoever buys such an animal (i.e., being cheated into buying it) has the option of returning it, after milking it, along with a Saa‘ of dates or keeping it (i.e., for the milk).

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Commentary : The Laws of Islam regulates people’s dealings and interactions when conducting sales and business transactions. It has laid down rules and principles clarifying the essential matters to avoid disputes among people, and help them conduct lawful and smooth business transactions that are free of ambiguity, deceit, and Laws of Islam violations.
In this hadeeth, the Prophet ﷺ forbade some of the transactions that result in fraud and deception in sales, and lead to incurring harm on the seller or the buyer. He ﷺ said: “Do not go out to meet the trading caravan (to buy from the traders on the way before they have reached the town or marketplace),” meaning do not go out to meet the trading caravan before traders arrive at the marketplace to sell their goods in different towns and they come to know their prices, because it harms the interests of the buyers, who may buy the goods for lower prices, and may also harm the town people who may have to buy the goods for higher prices.
The hadeeth goes on: “Do not override someone’s sale transaction by urging buyers to cancel their purchases to sell them (your own goods for lower prices),” meaning that someone should not urge a buyer to cancel his transaction during the period of Khiyaar Al-Shart (i.e., the right of one or both participants or a third party to confirm or cancel a contract within a specified period of time) to sell him a better commodity for the same price or a lower price instead. The same ruling applies to urging a seller to cancel the transaction to buy it instead for a higher price.
Likewise, the Prophet ﷺ forbade Najash, meaning bidding to raise the price without intending to buy it, but merely to deceive others into buying it for a higher price.
The hadeeth goes on: “A town dweller may not sell the goods on behalf of a desert dweller,” meaning that a town dweller may not act as a broker or mediator and sell something on behalf of a desert dweller. The same goes for the case when a desert dweller appoints un urban dweller to sell his goods on his behalf.
The Prophet ﷺ added: “Do not leave sheep unmilked for a long time, when they are on sale,” to deceive the buyers into believing that they produce large amounts of milk. The Prophet ﷺ then clarified that if a buyer bought such sheep, and realized after milking them that the seller had tricked and cheated him, he is given the option either to keep the sheep and retain the sale, or return them to the seller, who had deceived him, along with a Saa‘ of dates in return for the milk.
The hadeeth highlights the Prophet’s ﷺkeenness to preserve the best interests of Muslims and his kindness towards them, even with regard to their worldly affairs.
It is also deduced from the hadeeth that a ruler may guide people (to what is lawful and unlawful) with regard to their business and sales transactions.

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2157

Jareer (may Allah be pleased with him) said:
I gave a pledge of allegiance to Allah's Messengerﷺ for to testify that none is worthy of worship but Allah, Exalted is He, and that Muhammad is His Messenger, observe prayer perfectly, pay Zakaah, listen and obey (Allah's and His Prophet's commands), and be sincere with all Muslims.
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Commentary :
The Prophet ﷺ would take the pledge of allegiance from his Companions (may Allah be pleased with them) when they embraced Islam to verify their faith, and teach them the most important duties required of them after being guided to Islam.
In this hadeeth, Jareer ibn ‘Abdullah(may Allah be pleased with him) narrated that he gave the pledge of allegiance and made a covenant with the Messenger of Allah ﷺ to proclaim that none is worthy of worship save Allah, Exalted is He, and that Muhammad ﷺ is the Messenger of Allah. The implication of the two testimonies of faith is that when a servant of Allah proclaims them, he acknowledges Tawheed, i.e., unique Oneness of Allah, Exalted is He, and that He alone is worthy of worship, and also declares his faith in the Prophet Muhammad ibn ‘Abdullahﷺ, confirming such beliefs by his heart, believing in their meanings, and acting upon their implications. These are the testimonies that truly benefit a person in the Hereafter, helping him win Paradise and be delivered from Hellfire.
He (may Allah be pleased with him) also pledged allegiance to the Prophet ﷺ to observe the five obligatory prayers during the day and night, which are: Fajr, Dhuhr, ‘Asr, Maghrib, and ‘Ishaa’, at their respective specified times, while fulfilling their conditions, pillars, and duties. He (may Allah be pleased with him) also pledged allegiance to pay the Zakaah, which is an obligatory financial act of worship that is due on one’s Zakatable wealth that reaches the Nisaab (i.e., a specific amount set by the Laws of Islam) after the passage of a lunar year. In this case, the owner is required to pay 2.5 % of hissurplus wealth. This also applies to the Zakaah payable on the cattle, crops and agricultural produce, trade goods, and Rikaaz (i.e., buried treasures or minerals), each according to the specified Nisaab and time of payment set by the Laws of Islam. Paying the Zakaah to its eligible recipients is rewarded with having one’s wealth blessed and earning abundant rewards in the Hereafter. On the contrary, withholding Zakaah out of stinginess warrants serious consequences in this worldly life and the Hereafter. Zakaah is an act of worship that incorporates the fulfillment of the right Allah, Exalted is He, and the right of His servants; it is a religious obligation and one of the pillars of Islam, and it helps fulfill the needs of the needy and poor.
He (may Allah be pleased with him) also pledged allegiance to the Prophet ﷺ to hear and obey the commands of Allah, Exalted is He, and His Messenger ﷺ, reflected in his compliance with the commands and avoidance of the prohibitions.
He (may Allah be pleased with him) also pledged allegiance to the Prophet ﷺ to be sincere with his fellow Muslims, by striving to benefit them, doing them good, and warding off evil from them by means of sayings and deeds. The fact that the Prophet ﷺ particularly made mention of one’s fellow Muslims in this context is due to it being theprevalent case, otherwise, it is required of Muslims to embody sincerity in their interactions with non-Muslims as well, by inviting them to Islam, and offering them the correct opinion when they seek their advice. Jareer (may Allah be pleased with him) was singled out for pledging sincerity to his fellow Muslims, because he (may Allah be pleased with him) was the leader and chief of his people. He (may Allah be pleased with him) went to the Prophet ﷺ in 10 A.H., embraced Islam, and his people followed in his footsteps. Therefore, the Prophet ﷺ guided him to the importance of embodying sincerity toward his fellow Muslims, because he needed it the most.
It is deduced from the hadith that a Muslim is required to be sincere with his fellow Muslims, by treating them nicely, and avoiding cunning, deceit, cheating and betrayal..

2165

‘AbdullahNarrated Ibn ‘Umar (may Allah be pleased with him):
Allah's Messengerﷺ said, "You should not try to cancel the purchases of one another (to get a benefit thereof), and do not go ahead to meet the trading caravan (for buying the goods) (but wait) till it reaches the marketplace."
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Commentary :
The Laws of Islam regulates people’s dealings and interactions when conducting business transactions to preserve people’s wealth and serve their best interests by laying down rules and principles that help them avoid potential ambiguity and deceit.
In this hadeeth, ‘AbdullahIbn ‘Umar (may Allah be pleased with him) stated that the Prophet ﷺ forbade some business transactions that incur harm on people and sow seeds of discord, enmity, and hatred. Therefore, the Prophet ﷺ forbade overriding the sales conducted by one’s fellow Muslims. This means that when someone concludes a sales transaction to buy a specific commodity for a certain price, no one should override their transaction by offering the buyer a similar commodity for a lower price. The same applies to the case when someone offers to buy a sold commodity for a higher price, urging the seller to annul the transaction, or to try buying a commodity from the seller after knowing that his fellow Muslim brother wanted to buy it and had already started negotiations with the seller.
Likewise, the Prophet ﷺ also forbade going out to meet with the trading caravans and buying the commodities from the traders before they arrived at the marketplaces, because this incurs harm on the buyer or people (at the marketplace); a seller may buy it for a lower price than what he would sell it in the marketplace, and a trader may buy all the goods of the caravan, monopolize them, and offer them at higher prices in the marketplace, and this would cause harm to people.
The hadeeth highlights the Prophet’sﷺ keenness to preserve the best interests of Muslims and his kindness towards them, even with regard to their worldly affairs.
It is also deduced from the hadeeth that it is forbidden to apply the ways of sale that lead to monopoly and price spikes.
It is also inferred therefrom that a ruler guides people (to what is lawful and unlawful) with regard to their business transactions in the marketplaces..

2166

‘Abdullah(may Allah be pleased with him) said:
We used to go out to meet the trading caravan and used to buy foodstuff from them. The Prophet ﷺforbade us to resell it till it was carried to the marketplace.
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Commentary :
Human beings are infused with an inclination to love what benefits them and do what best serves their personal interests even if it harms others, and therefore, the Laws of Islam provisions were prescribed to restrain the evil-enjoining self.
This hadeeth highlights the Laws of Islam provisions that refine human greed and keep it in check. ‘AbdullahIbn ‘Umar (may Allah be pleased with him) stated that they used to go out to meet with the trading caravans and buy foodstuff from the traders before they arrived at the marketplace, and resell the purchased commodities there before carrying them to the marketplaces. The Prophet ﷺ forbade them from reselling the purchased commodities in the purchase place and commanded them instead to carry the purchased goods to the marketplace and then resell them there.
It has been reported in Saheeh Al-Bukhaaree and Saheeh Muslim that the Prophet ﷺ forbade going out to meet the trading caravans and purchasing the commodities outside the marketplace. To reconcile between these two hadeeths, it could be said that when a sales transaction is conducted, a buyer must not resell the purchased commodity before it is transferred to the marketplace.
The hadeeth highlights the Prophet’sﷺ keenness to preserve the best interests of Muslims and his kindness towards them, even with regard to their worldly affairs.
It is also deduced from the hadeeth that it is forbidden to apply ways of sale that lead to monopoly and price spikes.
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2167

‘Abdullah(may Allah be pleased with them) said: Some people used to buy foodstuff at the head of the marketplace and used to resell it on the spot. Allah's Messenger ﷺ forbade them from reselling it till they brought it to (their) places.
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Commentary :
Islam preserves the interests of the community, as well as the interests of individuals, and also takes into account the interests of people in the worldly life and the Hereafter.
In this hadeeth, ‘Abdullah ibn ‘Umar ibn Al-Khattaab (may Allah be pleased with them) related that the traders during the lifetime of the Prophet ﷺ used to go out to meet the trading caravans and buy foodstuff before they arrived at the marketplace, the place where sales transactionswere commonly conducted. Therefore, the Prophet ﷺ forbade the traders from reselling the purchased foodstuff in the very place where they bought it (i.e., outside the marketplace) and commanded them to take it into their possession first and transfer it to the marketplace, because the aforementioned practice would lead to monopoly and price rises.
It has been reported in Saheeh Al-Bukhaaree and Saheeh Muslim that the Prophet ﷺ forbade going out to meet the trading caravans and purchasing the commodities outside the marketplace. To reconcile between these two hadeeths, it can be said that when a sales transaction is conducted, a buyer must not resell it before it is transferred to the marketplace.
The hadeeth highlights the Prophet’s ﷺkeenness to preserve the best interests of Muslims and his kindness towards them, even with regard to their worldly affairs.
It is also deduced from the hadeeth that a ruler guides people (to what is lawful and unlawful) with regard to their business transactions in the marketplaces..

2175

Narrated Aboo Bakrah (may Allah be pleased with him):
Allah's Messengerﷺ said, "Do not sell gold for gold unless equal in weight, nor silver for silver unless equal in weight, but you could sell gold for silver or silver for gold as you like."
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Commentary :
Allah, Exalted is He, has deemed buying and selling lawful for His Muslim servants, but deemed Ribaa (i.e., interest, usury) unlawful. He Says (what means): {… they said, ”rade is [just] like Ribaa." But Allah has permitted trade and has forbidden Ribaa (interest).} [Quran 2:275].
In this hadeeth, the Prophet ﷺ forbids forms of Ribaa involved in the sale of gold and silver, and teaches Muslims the lawful ways of buying and selling gold and silver, to avoid falling into what is unlawful. He ﷺ said: “Do not sell gold for gold unless equal in weight, nor silver for silver unless equal in weight”, meaning that gold may be sold for gold if the exchanged items are equal in weight, and the same goes for silver.
By analogy, the same ruling applies to all sales transactions in which the exchanged commodities share the same ‘Illah (i.e., the underlying legal reason that necessitates the effective cause of the ruling, which then leads to its enactment), which is being used as currency (i.e., Thamaniyyah) in the case of gold and silver. Likewise, the ruling applies to whatever is being used as currency, like paper money, and is subject to Ribaa in such sale transactions as well.
Another requirement is Taqaabudh (i.e., immediate exchange and reciprocal taking possession of the purchased commodity and its monetary equivalent by the buyer and seller respectively in the contracting session). The immediate exchange of the two items in the contracting session is required, and it is impermissible to delay the submission of any of them, given the relevant hadeeths. It was reported in Saheeh Al-Bukhaaree and Saheeh Muslim that the Prophet ﷺ said: “A barter of gold for gold is Ribaa except if they are exchanged hand to hand (i.e., on the spot) and are equal in amount.” This means that the two parties must exchange the two commodities on the spot before leaving the contracting session.
However, in the event of a barter of different commodities, like selling gold for silver for example, there may be a difference in weight. The Prophet ﷺ said: “…but you could sell gold for silver or silver for gold as you like,” meaning that there is no harm if the exchanged commodities differ in weight in this case, provided that they are exchanged hand to hand in the contracting session; the Prophet ﷺ said: “If the exchanged commodities differ in kind, sell as you wish as long as payment is made hand to hand on the spot.” [Muslim].
It was also narrated that the Prophet ﷺ said: “… and do not sell that (gold or silver) which is not present (at the time of the transaction) for that (gold or silver) which is present.” [Al-Bukhaaree]. This is to avoid falling into Ribaa Al-Nasee’ah, which is an increase in the loan or due amount in return for a delay in payment.
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2177

Aboo Sa’eed Al-Khudree(may Allah be pleased with him) narrated:
Allah's Messengerﷺ said, "Do not sell gold for gold unless (the two exchanged commodities are) equal in weight, and do not sell less amount for greater amount or vice versa; and do not sell silver for silver unless (the two exchanged commodities are) equal in weight, and do not sell less amount for greater amount or vice versa and do not sell gold or silver that is not present at the moment of exchange for gold or silver that is present.”
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Commentary : Allah, Exalted is He, has deemed buying and selling lawful for His Muslim servants, but deemed Ribaa (i.e., interest, usury) unlawful. He Says (what means): {…they said, “Trade is [just] like Ribaa." But Allah has permitted trade and has forbidden Ribaa.} [Quran 2:275].
In this hadeeth, the Prophet ﷺ forbids forms of Ribaa involved in the sale of gold and silver, and teaches the lawful ways of buying and selling gold and silver, to avoid falling into what is unlawful. He ﷺ said: “Do not sell gold for gold unless equal in weight,” meaning that the two exchanged commodities must be equal in weight; twenty grams of gold may not be sold for thirty grams of gold for example, and such increase is labelled as Ribaa. The same goes for silver and paper money (i.e., currency exchange).
Afterward, the Prophet ﷺ said: “… do not sell gold or silver that is not present at the moment of exchange for gold or silver that is present,” meaning do not sell gold or silver to be delivered at a deferred time for an immediate payment (of gold or silver) made at the contracting session.
By analogy, the same ruling applies to all sale transactions in which the exchanged commodities share the same ‘Illah (i.e., underlying legal reason that necessitates the effective cause of the ruling which then leads to its enactment), which is being used as currency (i.e., Thamaniyyah) in case of the gold and silver. Likewise, the ruling applies to whatever is being used as currency, like paper money, and is subject to Ribaa in such sale transactions.
There are two conditions stipulated for the validity of the sale (exchange) of similar commodities: being equal in weight, and immediate hand-to-hand exchange in the contracting session. If the exchanged commodities are dissimilar, e.g., gold for silver or the other way round, but the ‘Illah is the same, i.e., being used as currency, the requirement of being equal in weight is no longer stipulated, yet the immediate hand-to-hand exchange in the contracting session is required. The Prophet ﷺ said: “…if the exchanged commodities of a barter are dissimilar, sell as you wish as long as they are exchanged hand to hand (i.e., on the spot).” [Muslim].
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2178

Aboo Saalih Al-Zaiyaat narrated:
I heard Aboo Sa’eed Al-Khudree(may Allah be pleased with him) saying, "The selling of a Dinar for a Dinar, and a Dirham for a Dirham (is permissible)." I said to him, "Ibn ‘Abbaas (may Allah be pleased with them) does not say the same!" Aboo Sa’eed(may Allah be pleased with him) replied, "I asked Ibn ‘Abbaas (may Allah be pleased with them) whether he had heard it from the Prophet ﷺ or seen it in the Quran and he replied, "I do not claim that, and you know Allah's Messenger ﷺ better than I, but Usaamah (may Allah be pleased with him) informed me that the Prophet ﷺ had said, 'There is no Riba (in money exchange) except when it is not done hand to hand (i.e., in the event of a deferred payment).'”
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Commentary :
The Companions (may Allah be pleased with them)sometimes held different opinions regarding certain issues, but they abided by the due Islamic etiquette of disagreement that the Prophet ﷺ taught them, complied with the correct opinion supported by authentic evidence, and gladly gave up their personal opinions and adhered to the truth whenever it was verified.
In this Hadeeth, the Taabi’ee (a Muslim who saw at least one of the Companions) Aboo Saalih Dhakwaan Al-Zayyaat stated that he heard Aboo Sa’eed Al-Khudree(may Allah be pleased with him) declaring Ribaa Al-Fadhl (i.e., exchange or sales transactions in trade which effectively result in the charging of ‘interest’ through the exchange of the same commodity, but of a different quality or quantity) when trading in Dinar and Dirham. He (may Allah be pleased with him) said: "The selling of a Dinar for a Dinar, and a Dirham for a Dirham (is permissible)." This means that it is impermissible to sell one Dinar for more than one Dinar (of gold) of equal weight and value, and similarly it is impermissible to sell one Dirham (of silver) for more than one Dirham of equal weight and value. In the event of a barter of gold or silver, the exchanged commodities must be equal in weight and value, and such excess is Ribaa.
Ribaa Al-Fadhl means the sale of currency for currency or food for food which effectively results in the charging of ‘interest’ through the exchange of similar commodities, but of a different quality or quantity, and it is prohibited. The Laws of Islam stipulated its prohibition in six categories of commodity; this hadeeth made mention of two of them, namely, gold and silver, and the six categories were defined in a different hadeeth recorded in Saheeh Muslim. The Prophet ﷺ said: “Gold may be paid for by gold, silver by silver, wheat by wheat, barley by barley, dates by dates, salt by salt, like by like, provided that the payment is made hand to hand. If these classes differ (i.e., the exchange of dissimilar commodities), sell as you wish as long as the payment is made on the spot.”
By analogy, the same ruling applies to all commodities that share the same ‘Illah (i.e., underlying legal reason that necessitates the effective cause of the ruling which then leads to its enactment), which is being used as currency (i.e., Thamaniyyah) in case of the gold and silver, and being weighted or measured and a type of food in case of the other four categories.
The Taabi’ee (a Muslim who saw at least one of the Companions) Aboo Saalih Dhakwaan Al-Zayyaat said to him that Ibn ‘Abbaas (may Allah be pleased with them) did not declare that unlawful. He (may Allah be pleased with him) held that the exchanged commodities need not be equal in weight and value, and that it is permissible to sell one Dirham for two Dirhams. Thereupon, Aboo Sa’eed(may Allah be pleased with him) replied that he had asked Ibn ‘Abbaas (may Allah be pleased with them) whether or not he had heard it directly from the Prophet ﷺ or deduced it from the Quran. Ibn ‘Abbaas (may Allah be pleased with him) clarified that he had not heard it from the Prophet ﷺ nor did he inferit from the Quran, and said, "I do not claim that, and you know Allah's Messenger ﷺ better than I,” meaning that he (may Allah be pleased with him) was younger than the rest of the Companions (may Allah be pleased with them).Otherwise the correct criterion is narrating more hadeeths of the Prophet ﷺ, and Narrated Ibn ‘Abbaas (may Allah be pleased with him) more hadeeths and acquired knowledge of more Fiqh issues (Islamic jurisprudence) than many other Companions (may Allah be pleased with them).
Afterward, Ibn ‘Abbaas (may Allah be pleased with them) underlined the wisdom behind holding this view, stating that he had heard it from Usaamah ibn Zayd (may Allah be pleased with them), who informed him that the Prophet ﷺ said: “There is no Ribaa except in Al-Nasee’ah (i.e., on credit).” Thereupon, he (may Allah be pleased with him) understood that anything else is essentially permissible.
Ribaa Al-Nasee'ah means an increase in the loan or due amount in return for a delay in payment, and it was practiced in the pre-Islamic period of ignorance. It has also been said that the meaning of his saying, “There is no Ribaa except in Al-Nasee’ah,” is that it is the worst kind of Ribaa, or that ruling may be abrogated. It was reported that Ibn ‘Abbaas (may Allah be pleased with them) retreated from his opinion in this regard.
It is deduced from the hadeeth that a Muslim should offer sincere advice to anyone who makes a mistake, even if he is a pious and knowledgeable person.
It is also inferred from the hadeeth that it is conceivable that an individual Companion (may Allah be pleased with him) may commit a mistake.
It is also deduced therefrom that a scholar may engage in a debate with another scholar, ask him to explain his saying, and convince him to abide by the unanimous opinion of the scholars on the matter.
It is inferred that a younger scholar should acknowledge the knowledge of those endowed with more knowledge.
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2180

Aboo Al-Minhaal narrated:
I asked Al-Baraa’ ibn ‘Aazib and Zayd ibn Arqam about money exchange (i.e., currency exchange). Each of them said about the other, "He is better (i.e., more knowledgeable) than I," and both of them said, "Allah's Messenger ﷺ forbade the selling of silver for gold on credit. "
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2183

‘AbdullahNarrated Ibn ‘Umar (may Allah be pleased with him):
Allah's Messenger ﷺsaid, "Do not sell date fruits until they become free of all the dangers of being spoilt or blighted; and do not sell fresh dates for dry ones." Narrated Saalim and ‘Abdullah on the authority of Zayd ibn Thaabit: “Later on Allah's Messengerﷺ permitted the selling of ripe date fruits on trees for fresh dates or dried dates in Bay‘ Al-‘Ariyah (i.e., a sale deal of fruit-on-the trees, usually dates, in which some trees in the garden are not part of the sale deal but are sold by the owner to a poor person who can exchange fresh fruits of these trees for dry dates, for his household consumption and not for resale, and this type of deal is an exception to the general law of sale which prohibits exchange of fresh fruits for dry ones), and did not allow it for any other kind of sale."
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Commentary :
Preventing cheating in sales and avoiding potential disputes between the sellers and the buyers are among the objectives of the Laws of Islam. Therefore, the Prophet ﷺ forbade some sales that could lead to cheating and deception, or cause potential disputes between the buyers and sellers.
In this hadeeth, the Prophet ﷺ forbade selling only the unpicked fruits or dates (rather than the fruits and trees altogether) before they appear fully ripe and ready for consumption, by becomingred or yellow or showing any other sign of ripeness. This is because when the fruits ripen, they become safe from potential loss or defects due to pests that may destroy or reduce the yield. In fact, the prohibition of such a sales transaction serves the best interests of both the buyer and seller. It benefits a seller, because the price paid for the unripe fruits is lower; he could sell them for a higher price if he waits until they are fully ripe. Therefore, hastening to sell the unripe crops may cause him to miss out on obtaining more earnings,by his hastening to make small profits (rather than waiting to make big ones), which implies a waste of wealth. Moreover, the unripe fruits may go bad and spoil before they ripen, and thus a seller would have unlawfully devoured the wealth of his Muslim brother. It also benefits the buyer, because when he buys the unripe fruits, he may lose his money if the quality of the purchased fruits turns out to be less than what was expected, and thus he would be risking the loss of his money. In addition, there is another benefit accruing to both parties, for the prohibition of this sale eliminates potential disputes and discord that may be caused between them were the sold fruits to go bad and spoil.
The Prophet ﷺ also forbade the Muzaabanah sale, a transaction in which the owner of fruit trees or palm trees agrees to sell his fruit for an estimated equivalent measure of dried fruits, such as palm fruit for dates or grapes for raisins.
Zayd bin Thaabit (may Allah be pleased with him) reported that the Prophet ﷺ had later deemed allowable one form of this sale, namely, Bay‘ Al-‘Ariyyah (i.e., a sale of unpicked and unripe fruits, usually dates, for an estimated amount of picked and ripe fruits on the ground based on dry measurement), and had not deemed any other form of such sales allowable. Bay‘ Al-‘Ariyyah is a sale whereby the owner of an orchard grants a poor person, who has no palm trees of his own nor cash to buy fresh dates for his household consumption, the (fresh) dates of his palm tree in return for a payment of surplus dry dates. This poor person and the owner makea barter of the fresh dates of one or two palm trees for instance, for an estimated measure of the poor person’s surplus date fruits he had left, to avail himself of fresh dates like those who could afford buying them. The Prophet ﷺ gave a legal concession to conduct the sale of ‘Aaraiyah for an estimated weight of dry dates, provided that they were less than five Wasaqs, as narrated on the authority of Aboo Hurayrah (may Allah be pleased with him) in Saheeh Al-Bukhaaree and Saheeh Muslim, and the Wasaq equaled 60 Saa‘s..

1510

Abu Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "No son can repay a father unless he finds him a slave and buys him and emancipates him." Another version reads: "No son can repay his father.".

Commentary : The right that children owe to their parents is great, and being dutiful to them in Islam is among the greatest means of drawing closer to Allah, as Allah has made dutifulness to them one of the broadest ways of reaching Paradise. Allah has also made not obeying them among the major sins and misdeeds that lead their perpetrators to disgracing punishment.
In this Hadīth, the Prophet (may Allah's peace and blessings be upon him) clarifies that the child, whether male or female, cannot repay his father - the mother is included and so are the grandparents who are the same as the parents - and fulfill his right in full for his kindness towards him except when he finds his father a slave, buys him with his own money, and emancipates him and sets him free. In other words, the son seeks to reach him by buying him, and it is well known that he only buys him to free him from slavery, not to have him as his own slave or to be the master of his father. So, nothing fulfills the father's right over his son, no matter what the son does, except this act. This is because Islam came when slavery and serfdom were widespread and a common habit of the Arabs, and there were bondmaids and slaves in every house.
It was said: If a man took possession of his father, the latter would be free by mere possession and [there is] no need to say: I set him free. Similarly, if he took possession of his mother, she would be free by mere possession and [there is] no need to say: I set her free.
The Hadīth encourages children to be dutiful and kind to their parents.
It also denotes the merit of emancipating slaves..

1513

Abu Hurayrah reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade the Hasāh sale (throwing pebble sale) and the Gharar sale (uncertainty sale)..

Commentary : During the pre-Islamic era of ignorance, there prevailed types of transactions that involved massive oppression and injustice. When Islam came, it established fair sales and forbade whatever involved oppression. Hence, it forbade what involved fraud and ambiguity to stop disagreement and dispute among people, which is one of the Shariah-approved objectives.
In this Hadīth, Abu Hurayrah (may Allah be pleased with him) narrates that the Prophet (may Allah's peace and blessings be upon him) forbade the Hasāh sale, which was one of the sales practiced by the people of Jāhiliyyah. If the seller or the buyer threw a pebble, that would be a sign of finalizing the sale. It had three forms: First: The seller says to the buyer: I would sell you of these garments that on which the pebble I throw falls; or: I would sell you a piece of this land from here to the part that this pebble reaches. Second: Considering the act of throwing the pebble itself a sale by saying: If you throw the pebble at this garment, it will be sold to you at such-and-such. Third: Saying: You have the option to either accept or reject the sale until I throw this pebble. It was said: It means saying: Throw the pebble and whatever number comes out, I will be entitled to an equal number of dinars or dirhams. All these are forms of invalid sales that entail doing injustice to one of the two parties of the sale.
The Messenger of Allah (may Allah's peace and blessings be upon him) also forbade the Gharar sale. Gharar means danger, delusion, and deceit. This is a generalization after a specification, as it includes any sale that involves any kind of deceit, or that which is ambiguous or cannot be fulfilled. One of the rationales behind forbidding this sale is the fact that it is a waste of money, for one may not be able to get the sold item, which means that he spent his money in vain.
The Hadīth prohibits deception and fraud in sales.
It warns against consuming people's properties wrongfully.
It also points out that the object of a sale transaction must be something known and must have a known price..

1519

Abu Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: Do not go out to meet what is being brought for trade. Whoever goes out to meet it and buys something thereof, when its master comes to the market, he will have the option..

Commentary : Selling and buying have rulings and etiquettes in Islam that a Muslim must adhere to fulfill justice in transactions and enjoy the pleasures of this worldly life and the Hereafter.
In this Hadīth, the Prophet (may Allah's peace and blessings be upon him) forbids merchants from going out and receiving those people who transport commodities from one country to another. They must not receive them before arriving and being acquainted with the prices of commodities in such a country because this might harm the seller as they might buy from him at a lower price than its known price, which would result in harming the owner of the commodity by underestimating its price. Hence, the Prophet (may Allah's peace and blessings be upon him) commanded the one who goes out to meet it and buys something thereof, and does not comply with the prohibition. So when "its master," i.e., the owner of the commodity, comes to the market, he will have the option either to effect the sale or take back his goods, for perhaps he did him injustice and wronged him regarding its price compared to its price in this country.
The Hadīth encourages truthfulness and transparency and the avoidance of deceit in commercial transactions.
It shows the Prophet's keenness on whatever brings goodness to his Ummah and his kindness towards them even when it comes to worldly interests..

1525

Ibn ‘Abbās reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: Whoever buys food should not sell it until he measures it. I said to Ibn ‘Abbās: Why? He said: Do you not see them transacting with gold, whereas the food is deferred?.

Commentary : Allah Almighty has prescribed in sale what maintains people's rights, keeps them away from conflicts and quarrels, and repels harm from them.
In this Hadīth, the Messenger of Allah (may Allah's peace and blessings be upon him) advises us saying that whoever buys food and wants to resell it, he "should not sell it" until he takes it after being measured and weighed. This is an indirect reference that the buyer should receive it and it becomes in his possession and knows its amount in a way that negates ambiguity. This is related to what is sold by measure as in this case, so it must be first measured until he receives it in full, then, he may sell it afterward. It is not lawful for him to sell it before measuring it, as it could be subject to excess or deficiency, which entails doing injustice and harm either to the seller or the buyer. Thereupon, Tāwūs ibn Kaysān - from the Tābi‘is - asked Ibn ‘Abbās (may Allah be pleased with him and his father): "Why?" i.e., why did the Messenger of Allah (may Allah's peace and blessings be upon him) stipulate this condition? Ibn ‘Abbās (may Allah be pleased with him and his father) said: "Do you not see them transacting with gold, whereas the food is deferred?" In other words, the seller used to take the price in gold dinars, and then he would delay the delivery of food to the buyer. Therefore, the Prophet (may Allah's peace and blessings be upon him) stipulated that the buyer should not resell it until he receives it and it becomes in his possession. Another Hadīth in the two Sahīh Collections clarified that what he meant by that is to transfer the food to another place or to the markets where it is sold in order not to be monopolized or manipulate its price. So, he made it clear that the right thing is to transfer it to the markets, which are known to people, where food is sold and to take possession of it, since Qabd (taking possession) is a condition, and transferring it as mentioned fulfills this condition.
Moreover, in the two Sahīh Collections, the Prophet (may Allah's peace and blessings be upon him) forbade reselling the food after buying it until he receives it in full, i.e., he should not adopt any procedure or dispose of it by selling it again unless he first takes what he has purchased and it becomes in his full possession. Only then, he can resell it. This guarantees preventing any harm to the seller, the buyer, or the dwellers of this country that could result in disputes and conflicts between people and, thus, inflict harm upon them.
The Hadīth shows the Prophet's keenness on whatever brings goodness to his Ummah and his kindness towards them even when it comes to worldly interests.
It highlights the prohibition of adopting sale methods that lead to the monopoly of goods and the rise in prices, or that cause harm to the parties involved in the sale transaction..

1530

Jābir ibn ‘Abdullāh reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade selling a heap of dried dates, whose measure is unknown, for a specified amount of dried dates..

Commentary : The rulings of sale transactions in Islam revolve around honesty and the absence of uncertainty among the parties involved in the sale. The sold item must be known to both parties, in terms of type, quantity, and quality, in such a way that removes any ambiguity. The Prophet (may Allah's peace and blessings be upon him) forbade certain kinds of sales that involve Jahālah (ambiguity), Gharar (uncertainty), and Riba (usury).
This Hadīth clarifies some of these forbidden kinds of sales. Jābir ibn ‘Abdullah (may Allah be pleased with him and his father) narrates that the Messenger of Allah (may Allah's peace and blessings be upon him): "Forbade selling a heap of dried dates, whose measure is unknown," "Subrah" (heap): food that is collected in a pile and whose weight and quantity are unknown. This applies to all types of food; however, he mentioned here one type in particular, namely the dried dates, because it is their staple food; otherwise, the mentioned prohibition includes all types of measured food. In Muslim's version, he did not mention his saying: "of dried dates" at the end of the Hadīth, which indicates the inclusion of all types of food sold without knowing its amount in exchange for a known amount of its like. "For a specified amount of dried dates," i.e., he forbade selling an unknown amount for a known amount of the same type, like dried dates for dried dates, wheat for wheat, and barley for barley, as this involves ambiguity regarding the unmeasured food from one aspect besides involving Riba al-Fadl (usury of surplus) from another aspect, bearing in mind that ignorance about the equality between the sold and purchased items is like knowing that there is a surplus between them, which is clear Riba. If the items subject to Riba rulings are the same, then, they must be the same in measure and hand to hand. However, if they are of different types, then, there is nothing wrong with the surplus between them like in the case of selling dried dates for wheat, or barley for corn, and the same applies to selling for cash, gold, or silver.
The Hadīth clarifies how the Shariah regulates the process of selling and buying to avoid the occurrence of disputes..

1536

Jābir reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land and selling it ahead for years, and selling fruits before ripening..

Commentary : In the pre-Islamic era of ignorance, there prevailed types of sale that brimmed with oppression and injustice. When Islam came, it established fair sales and forbade everything involving oppression. Hence, it forbade cheating in sale transactions. Putting an end to disputes and conflicts between the seller and the buyer is one of the objectives of the Shariah.
In this Hadīth, Jābir ibn ‘Abdullah (may Allah be pleased with him and his father) reports that the Messenger of Allah (may Allah's peace and blessings be upon him) forbade "leasing land", which is renting it. The forbidden lease is that which is in return for some of its produce, which means that the rent agreed upon between the owner and the lessee is an amount specified from the beginning of the fruits produced by this land, which may or may not produce this amount. In this case, the one who cultivates it will not be capable of fulfilling his contract. However, there is nothing wrong with leasing land in return for gold, silver, or cash, as in the two Sahīh Collections, Hanzhalah ibn Qays reported: "That he asked Rāfi‘ ibn Khadīj about leasing land, and he said: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land. He said: I said: Even in return for gold and silver? He said: If it is in return for gold and silver, there is no harm in it." Also in the two Sahīh Collections, Ibn ‘Umar (may Allah be pleased with him and his father) reported: "The Prophet (may Allah's peace and blessings be upon him) agreed with the people of Khaybar to work and cultivate in return for half of the fruits or crops produced." Therefore, the owner is allowed to lease it in return for a standard percentage of what is cultivated therein, like one-fourth or one-third of its produce.
He also forbade "selling it in advance for years." A version of Muslim reads: "Selling fruits in advance for years," which is selling the fruits of trees and palm trees for two years or more, knowing that such fruits have not been created yet. This is a Gharar sale (uncertain sale) because it involves selling something non-existent, ambiguous, undeliverable, and not owned by the contractor. So, it is a sale that involves a great deal of uncertainty and ambiguity.
The Prophet (may Allah's peace and blessings be upon him) also forbade "selling fruits before ripening," i.e., appearing to be ripe when it becomes colorful and its fruit appears and it becomes red or yellow, which is a sign of its good condition and safety from blight, and it becomes suitable for eating and selling.
The Hadīth shows the prohibition of every sale that involves ambiguity..

1536

Jābir ibn ‘Abdullāh reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade taking of rent or share of land..

Commentary : In the pre-Islamic era of ignorance, there prevailed types of sales that brimmed with oppression and injustice. When Islam came, it established fair sales and forbade whatever involved oppression. Hence, it forbade whatever involved fraud, uncertainty, and ambiguity to put an end to disputes and conflicts among people, which is one of the Shariah-approved objectives.
During the time of the Prophet (may Allah's peace and blessings be upon him), people used to lease their cultivated lands with contracts that either included an ambiguous rent or entailed injustice to the tenant. Hence, the Prophet (may Allah's peace and blessings be upon him) forbade taking rent or share of the land to prevent such contracts. The rent or share here means: The rent agreed upon between the owner, and the lessee is an amount specified from the beginning of the fruits produced by this land, and the land may produce this amount and may not, in which case the one who cultivates it will not be capable of fulfilling his contract. Hence, this was forbidden so they would not deceive the other or wrongfully consume his brother's property.
As for leasing in return for gold, silver, or cash, there is nothing wrong with it, as in the two Sahīh Collections - the wording is that of Muslim - Hanzhalah ibn Qays reported: "That he asked Rāfi‘ ibn Khadīj about leasing land, and he said: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land. He said: I said: Even in return for gold and silver? He said: If it is in return for gold and silver, there is no harm in it." Also in the two Sahīh Collections, Ibn ‘Umar (may Allah be pleased with him and his father) reported: "The Prophet (may Allah's peace and blessings be upon him) agreed with the people of Khaybar to work and cultivate in return for half of the fruits or crops produced." Therefore, the owner is allowed to lease it in return for a standard percentage of what is cultivated therein, like one-fourth or one-third of its produce..

1536

Jābir reported: The Prophet (may Allah's peace and blessings be upon him) forbade the sale of produce several years in advance. Another version reads: Selling fruits years in advance..

Commentary : Islam cares about protecting people's properties and is keen on not wasting them. It has clarified the manner of dealing with fixed assets and cash and how to manage selling and buying in such a way that guarantees the absence of uncertainty between the transactors and the removal of ambiguity from the sold item.
In this Hadīth, Jābir ibn ‘Abdullah (may Allah be pleased with him and his father) narrates that the Messenger of Allah (may Allah's peace and blessings be upon him) forbade the sale of selling in advance, or selling fruits years in advance, which is selling the fruits of trees and palm trees for two years or more, knowing that such fruits have not been created yet. This is a Gharar sale (a sale of uncertainty) because it involves selling something non-existent, ambiguous, undeliverable, and not owned by the contractor. So, it is a sale that involves a great deal of uncertainty and ambiguity.
One of the rationales behind this prohibition is the waste of money involved as the sold item might not be achieved, and he would have, thus, spent his money in vain.
The Hadīth shows the Prophet's keenness to establish financial relations among people based on sound grounds to protect the rights of all parties involved..

1536

Jābir reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade selling the white land (uncultivated land) for two or three years..

Commentary : Islam cares about protecting people's property and is keen on not wasting them. It has clarified the manner of dealing with fixed assets and cash and how to manage selling and buying in such a way that guarantees the absence of uncertainty between the transactors and the removal of ambiguity from the sold item.
In this Hadīth, Jābir ibn ‘Abdullah (may Allah be pleased with him and his father) narrates that the Prophet (may Allah's peace and blessings be upon him) forbade selling the white land, which is the land that has no trees or plants. What is meant by selling it here is its "Kirā’" (leasing), which means taking a share of the fruits as a rent for the land. It was called "sale" because it refers to selling a benefit. His saying: "Two or three years" indicates that the land may not yield a product during one of the contract years. Hence, its cultivator will need to fulfill his contract. For this reason, the Prophet (may Allah's peace and blessings be upon him) made the original state of the land dominant in the contract so that none of them would deceive the other or consume his brother's property wrongfully.
As for leasing in return for gold, silver, or cash, there is nothing wrong with that, for in the two Sahīh Collections - the wording is that of Muslim - Hanzhalah ibn Qays reported: "That he asked Rāfi‘ ibn Khadīj about leasing land, and he said: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land. He said: I said: Even in return for gold and silver? He said: If it is in return for gold and silver, there is no harm with that."
The Prohibition in this Hadīth is from uncertainty in leasing land in return for something ambiguous or not guaranteed of its fruits and how the transaction should be transparent and known to avoid discord and wasting people's properties..

1541

Abu Hurayrah reported: the Messenger of Allah (may Allah's peace and blessings be upon him) gave a concession for the sale of ‘Arāyā (unpicked ripe dates for dry dates) by estimation when they are less than - or he said: equal to - five Wasqs (a standard measure)..

Commentary : In the pre-Islamic era of ignorance, there were types of Riba-based sales. When Islam came, it rectified and refined such sale transactions and established the fair sale, which is free from Riba (usury). It forbade all types of sales that involve a possibility of Riba and that involve injustice.
In this Hadīth, Abu Hurayrah (may Allah be pleased with him) reports that the Messenger of Allah (may Allah's peace and blessings be upon him) "gave a concession," i.e., allowed and permitted, "the sale of ‘Arāyā": A type of sale that takes the following form: Buying fresh dates after becoming ripe on the date palms for dry dates. So, the fruits on the date palm are given to the needy to eat therefrom whenever they like. What is on the date palms is estimated and dry dates are taken in exchange. It was called the ‘Arāya sale because the owner of the date palm gives it to a needy person, i.e., he strips it of its fruits for his sake. However, the Shariah set a condition that this should be done "by estimation," i.e., with a similar number of dried dates for the unpicked fruits. This is because some people would witness the season of ripe dates and wish to feed their children therefrom while having no date palms or money. Hence, the Prophet (may Allah's peace and blessings be upon him) wanted to show kindness to them. He also stipulated that this should be of a measure or weight less than "five Wasqs", and the "Wasq" is a standard measure that is equal to sixty Sā‘s, i.e. (130.5kg) one hundred thirty kilograms and a half. Therefore, five Wasqs are equal to almost (653kg) six hundred fifty-three kilograms.
This means: The Prophet (may Allah's peace and blessings be upon him) granted them a concession regarding this kind of sale with this amount only because it could be mistakenly thought to be Riba, as the Prophet (may Allah's peace and blessings be upon him) forbade selling fruits for fruits of the same type, which is called a Muzābanah sale (selling something definite for an indefinite amount of its kind). It is as if the Prophet (may Allah's peace and blessings be upon him) made for them the exception of the ‘Arāya sale from Muzābanah and restricted it to five Wasqs to avoid the possibility of Riba.
His saying: "Or equal to five Wasqs" refers to the doubt that one of the Hadīth narrators had, and he was Dāwūd ibn al-Husayn, as he did not remember whether it was five Wasqs or less than five Wasqs.
The Hadīth clarifies the concession granted regarding one of the sale transactions out of alleviation and facilitation for the Ummah.
It also points out that the specified amount in the ‘Arāya sale transactions is five Wasqs..

1547

Ibn ‘Umar reported: We did not see anything wrong with Khibr until last year when Rāfi‘ claimed that the Prophet (may Allah's peace and blessings be upon him) forbade it. [Another version reads]: So, we abandoned it on account of that. [Another version reads]: Rāfi‘ has forbidden us from benefitting from our land..

1547

Hanzhalah ibn Qays al-Ansāri reported: I asked Rāfi‘ ibn Khadīj about leasing land in return for gold and silver, he replied: "There is no harm in it. At the time of the Prophet (may Allah's peace and blessings be upon him) the people used to lease lands in return for the yield of what grows on the banks of large rivers and the beginnings of water streams or the yield of certain parts of the land. Some of the harvest would be destroyed and some would remain safe. This was the only system the people had for renting lands, and thus, he forbade it. If the rent is something known and guaranteed, there is no harm in it.".

Commentary : During the pre-Islamic era of ignorance, there prevailed types of transactions that involved massive oppression and injustice. When Islam came, it established fair sales and forbade whatever involved oppression. Hence, it forbade what entailed fraud, uncertainty, and ambiguity to stop discord and dispute among people, which is one of the Shariah-approved objectives. At the time of the Prophet (may Allah's peace and blessings be upon him), people used to lease lands in return for a share of the yield as rent. The Tābi‘i Hanzhalah ibn Qays al-Ansāri asked the Companion Rāfi‘ ibn Khadīj (may Allah be pleased with him) about leasing it, i.e., renting it in return for gold and silver, which are meant here to refer to the dinar and dirham. This is a question about leasing land in return for gold and silver instead of leasing it in return for part of the yield. Rāfi‘ (may Allah be pleased with him) replied that there is no objection to leasing land in return for gold and silver, and he said: "At the time of the Prophet (may Allah's peace and blessings be upon him) the people used to lease lands in return for the yield of what grows on the banks of large rivers," which are the watercourses coming from the wide river. It was said: What grows on the banks of the watercourse, and it was said: What grows around the brooklets. "And the beginnings of water streams," which are the beginnings of small rivers, "or the yield of certain parts of the land," i.e., types of the cultivated crops. This means: the owner allocates to himself the parts that would yield the best fruits or the finest crops, and the rest is for the tenant.
Rāfi‘ said: "Some of the harvest would be destroyed and some would remain safe," i.e., either the harvest of the owner or that of the tenant is destroyed, so one of them is wronged. "This was the only system the people had for renting lands, and thus, he forbade it," i.e., the Prophet (may Allah's peace and blessings be upon him) prohibited this kind of rent given the Jahālah (ambiguity) that it involved, and Jahālah is Gharar (uncertainty). If the rent, however, is something known and guaranteed, i.e., a known rent in cash, then there is no objection to leasing the land in return for such rent.
The Hadīth points out the permissibility of leasing land in return for a known amount of cash money..

1548

Rāfi‘ ibn Khadīj reported: At the time of the Messenger of Allah (may Allah's peace and blessings be upon him), we used to lease land based on Muhāqalah so that we would lease it in return for one-third or one-quarter of the yield or a specified amount of food. One day, a man from among my paternal uncles came and said: The Messenger of Allah (may Allah's peace and blessings be upon him) has forbidden us from something beneficial for us, but obedience to Allah and His Messenger is more beneficial for us. He has forbidden us to lease land based on Muhāqalah and to lease it in return for one-third or one-quarter of the yield and for a specified amount of food. He commanded the landowner to cultivate it or to give it to someone else to cultivate. He disliked leasing it or anything else. [Another version reads]: We used to lease land based on Muhāqalah, leasing it in return for one-third or one-quarter of the yield..

Commentary : In the pre-Islamic era of ignorance, there prevailed types of sale that brimmed with oppression and injustice. When Islam came, it established fair sales and forbade whatever involved oppression. Hence, it forbade whatever involved fraud, uncertainty, and ambiguity to end disputes and conflicts among people, which is one of the Shariah-approved objectives.
In this Hadīth, Rāfi‘ ibn Khadīj (may Allah be pleased with him) reports that they used to lease land based on Muhāqalah during the time of the Messenger of Allah (may Allah's peace and blessings be upon him). There are different opinions regarding the meaning of Muhāqalah. It is said: It means leasing the land in return for wheat, as interpreted in some versions, which is called Muhārathah by the cultivators. It is said: It means the cultivation of land in return for a known share of its produce, like one-third, one-fourth, or the like as mentioned in this Hadīth. It is said: It means selling food in its ears in return for wheat grains. It is said: It means selling crops before fully growing. His saying: "And for a specified amount of food," i.e., by taking a specified share of the fruits as a rent for the land, and all this entails ambiguity in the contract between the owner and the lessee. Then, Rāfi '(may Allah be pleased with him) reported that things continued in this way until one day, one of his paternal uncles - it is said: His uncle Zhahīr ibn Rāfi '- came and informed them that the Messenger of Allah (may Allah's peace and blessings be upon him) forbade them from something beneficial for them, referring to Muhāqalah, which was what they obtained in return for using the land so that they would benefit and the worker would benefit as well. However, this benefit, in fact, is a partial benefit, and perhaps it will not be safe from harm, as its fruits might be ruined, which would lead to the loss of the right of one of them. "But obedience to Allah and His Messenger is more beneficial for us," i.e., obeying Allah and His Messenger (may Allah's peace and blessings be upon him) to what he guides us is more beneficial for us than this assumed benefit of Kirā’ and Muzāra‘ah that we used to practice. In fact, responding to the Messenger of Allah (may Allah's peace and blessings be upon him) is better and more beneficial for their religion and worldly life. One of their ways of practicing Muhāqalah was leasing land in return for one-third or one-fourth of its yield or a specified amount of food, i.e., by taking a share of the fruits as a rent for the land. So, the Prophet (may Allah's peace and blessings be upon him) commanded the landowner to cultivate it himself or give it to someone to cultivate. The Prophet (may Allah's peace and blessings be upon him) disliked "leasing it or anything else," i.e., anything related to leasing. It is said: This was during the early days of emigration out of compassion for them; they had either to cultivate it or to let it be cultivated by others from their emigrant brothers. Then, he (may Allah's peace and blessings be upon him) granted a concession for leasing. It was reported that there is no harm in leasing in return for gold, silver, or cash, as in the two Sahīh Collections, Hanzhalah ibn Qays reported: "That he asked Rāfi‘ ibn Khadīj about leasing land, and he said: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land. He said: I said: Even in return for gold and silver? He said: If it is in return for gold and silver, there is no harm in it." Also in the two Sahīh Collections, Ibn ‘Umar (may Allah be pleased with him and his father) reported: "The Prophet (may Allah's peace and blessings be upon him) agreed with the people of Khaybar to work and cultivate in return for half of the fruits or crops produced." Therefore, it is permissible for the owner to rent it in return for a standard percentage of what is cultivated therein, like one-fourth or one-third of its produce. The prohibition refers to whatever involves risk, ambiguity, and uncertainty. The most famous among such transactions was where the landowner used to specify for himself part of the land and what it produced.
The Hadīth highlights the fact that Allah Almighty and His Messenger (may Allah's peace and blessings be upon him) never forbid benefits and interests; rather, they forbid evil consequences and whatever leads to them..

1549

‘Abdullah ibn as-Sā’ib reported: We entered upon ‘Abdullah ibn Ma‘qil and asked him about Muzāra‘ah (sharecropping). He said: Thābit claimed that the Messenger of Allah (may Allah's peace and blessings be upon him) forbade Muzāra‘ah and commanded Mu’ājarah (leasing land for rent), and he said: There is no harm in it..

Commentary : In the pre-Islamic era of ignorance, there prevailed types of sales that brimmed with oppression and injustice. When Islam came, it established fair sales and forbade whatever involved oppression. Hence, it forbade whatever involved fraud, uncertainty, and ambiguity to end disputes and conflicts among people, which is one of the Shariah-approved objectives.
In this Hadīth, Thābit ibn ad-Dahhāk (may Allah be pleased with him) reports that the Prophet (may Allah's peace and blessings be upon him) forbade Muzāra‘ah, which is leasing the land in return for part of it and working on the land for part of its fruit production. The prohibition here refers to whatever involves risk, ambiguity, and uncertainty, and the most famous among such transactions was the one where the landowner used to specify for himself part of the land and what it produced. However, apart from this, it is permissible for the owner to lease it for a standard percentage of what is cultivated therein, like one-fourth or one-third of its produce, as it is mentioned in the two Sahīh Collections that Ibn ‘Umar (may Allah be pleased with him and his father) reported: "The Prophet (may Allah's peace and blessings be upon him) agreed with the people of Khaybar to work and cultivate in return for half of the fruits or crops produced."
The Prophet (may Allah's peace and blessings be upon him) commanded and made it permissible for them to practice Mu’ājarah instead of Muzāra‘ah and it means taking a known rent in gold, silver, or cash because this kind of lease is the farthest from uncertainty and ambiguity. In the two Sahīh Collections, Hanzhalah ibn Qays reported: "That he asked Rāfi‘ ibn Khadīj about leasing land, and he said: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land. He said: I said: Even in return for gold and silver? He said: If it is in return for gold and silver, there is no harm in it.".

1551

Ibn ‘Umar reported: 'Umar ibn al-Khattāb expelled the Jews and the Christians from the land of Hijāz, and when the Messenger of Allah (may Allah's peace and blessings be upon him) conquered Khaybar, he wanted to expel the Jews from that place, for when the land was conquered, it came to belong to Allah, His Messenger, and the Muslims. Hence, he wanted to expel the Jews from it. However, the Jews asked the Messenger of Allah (may Allah's peace and blessings be upon him) to leave them there on condition that they should do all its work and have half the produce. The Messenger of Allah (may Allah's peace and blessings be upon him) said to them: We shall leave you there on that condition for as long as we wish. So, they stayed there until ‘Umar expelled them to Taymā’ and Arīhā’..

Commentary : Some of the Jewish tribes were living in Madīnah, and they kept betraying Muslims and breaching their covenants with the Prophet (may Allah's peace and blessings be upon him) during his lifetime and with his Companions after his death. So, some of them made covenants with them, whereas others declared war against them.
In this Hadīth, ‘Abdullah ibn ‘Umar (may Allah be pleased with him and his father) reports that the Caliph ‘Umar ibn al-Khattāb (may Allah be pleased with him) expelled the Jews and the Christians, i.e., he deported them from the land of Hijāz, namely Makkah and Madīnah and their surroundings.
Ibn ‘Umar (may Allah be pleased with him and his father) reports that when the Messenger of Allah (may Allah's peace and blessings be upon him) gained victory over the people of Khaybar and overcame them in the seventh year of Hijrah, and it was a village inhabited by the Jews almost 168 kilometers away from Madīnah from the direction of the Levant, he (may Allah's peace and blessings be upon him) wanted to expel the Jews from it, for when the land of Khaybar was conquered by Muslims, it became a possession of Allah, His Messenger, and Muslims. This clearly shows that the land was no longer owned by the Jews after being conquered by Muslims; rather, the Messenger of Allah (may Allah's peace and blessings be upon him) distributed it among the victorious Muslims and it became among their possessions. What is meant by it being a possession of Allah and His Messenger is that some of its shares were given to the Muslims' public treasury.
On knowing that the Messenger of Allah (may Allah's peace and blessings be upon him) wanted to deport them from Khaybar, the Jews asked him to allow them to stay in it and leave them on condition that they would work therein in the trees and the land in return for half of its fruits, whereas the other half would be for him, and he (may Allah's peace and blessings be upon him) agreed to the condition they stipulated for themselves. His saying: "For as long as we wish", was an exception made by the Messenger of Allah (may Allah's peace and blessings be upon him) to the condition of their stay. It means that if Muslims wanted to expel you from that place, you would have to leave, as the Jews were not entitled to anything if Muslims had a different opinion. The agreement was concluded on such terms, and the Jews remained in Khaybar and stayed therein during the time of the Prophet (may Allah's peace and blessings be upon him) and during the caliphate of Abu Bakr as-Siddīq (may Allah be pleased with him) until 'Umar ibn al-Khattāb (may Allah be pleased with him) became the caliph. During his time, Muslims were of the opinion of expelling the Jews from the Peninsula, and this acted as an invalidation of the contract between the Muslims and the Jews, and 'Umar (may Allah be pleased with him) expelled them from that place to Taymā' and Arīhā'.
Taymā’ is a place on the way of Madīnah and Tabūk city toward the Levant. Historically and geographically, it is located northwest of the Arabian Peninsula. It is almost 264 kilometres away to the east of Tabūk city and nearly 420 kilometres away to the north of Madīnah, whereas Arīhā’ was a village in the Levant.
The reason why ‘Umar (may Allah be pleased with him) expelled the Jews was narrated in Al-Bukhāri Collection where ‘Umar (may Allah be pleased with him) said: ‘Abdullah ibn ‘Umar went to his property there and was attacked at night, and his hands and feet were injured, and as we have no enemies there except them, they are our enemies and the ones whom we suspect, and I have made up my mind to exile them. So, he exiled them and gave them the price of the fruits they were entitled to in the form of money, camels, and goods, including saddles, ropes, etc. In the two Sahīh Collections, the Prophet (may Allah's peace and blessings be upon him) said: "Expel the polytheists from Arabia."
The Hadīth shows that agricultural land is leased to the landowner for a known portion of its fruits, whereas the rest goes to its cultivator.
It points out that a Muslim ruler has the right to conclude treaties, make whatever exceptions he wants, and revoke such treaties based on the agreed-upon conditions, provided that all this is for the benefit of Muslims.
It highlights the fact that dealing with the People of the Book should be for what brings benefit, not harm, to the Muslim Ummah, along with being careful and taking precautions against them..

Book of Hadith

| Hadiths

Narrated Ibn ‘Umar (may Allah be pleased with him): I saw the people buy foodstuff randomly without measuring it during the lifetime of Allah's Messenger ﷺ and they were punished (by beating), if they tried to resell it before carrying it to their own houses..

Narrated Ibn ‘Umar (may Allah be pleased with him): Allah's Messenger ﷺ forbade Najsh..

‘AbdullahNarrated Ibn ‘Umar (may Allah be pleased with him): Allah's Messengerﷺ said, "You should not try to cancel the purchases of one another (to get a benefit thereof), and do not go ahead to meet the trading caravan (for buying the goods) (but wait) till it reaches the marketplace." .

‘Abdullah(may Allah be pleased with him) said: We used to go out to meet the trading caravan and used to buy foodstuff from them. The Prophet ﷺforbade us to resell it till it was carried to the marketplace. .

‘Abdullah(may Allah be pleased with them) said: Some people used to buy foodstuff at the head of the marketplace and used to resell it on the spot. Allah's Messenger ﷺ forbade them from reselling it till they brought it to (their) places. .

Narrated Aboo Bakrah (may Allah be pleased with him): Allah's Messengerﷺ said, "Do not sell gold for gold unless equal in weight, nor silver for silver unless equal in weight, but you could sell gold for silver or silver for gold as you like." .

Abu Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "No son can repay a father unless he finds him a slave and buys him and emancipates him." Another version reads: "No son can repay his father.".

Abu Hurayrah reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade the Hasāh sale (throwing pebble sale) and the Gharar sale (uncertainty sale)..

Ibn ‘Abbās reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: Whoever buys food should not sell it until he measures it. I said to Ibn ‘Abbās: Why? He said: Do you not see them transacting with gold, whereas the food is deferred?.

Jābir ibn ‘Abdullāh reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade selling a heap of dried dates, whose measure is unknown, for a specified amount of dried dates..

Jābir reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land and selling it ahead for years, and selling fruits before ripening..

Jābir ibn ‘Abdullāh reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade taking of rent or share of land..

Jābir reported: The Prophet (may Allah's peace and blessings be upon him) forbade the sale of produce several years in advance. Another version reads: Selling fruits years in advance..

Jābir reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade selling the white land (uncultivated land) for two or three years..

Abu Hurayrah reported: the Messenger of Allah (may Allah's peace and blessings be upon him) gave a concession for the sale of ‘Arāyā (unpicked ripe dates for dry dates) by estimation when they are less than - or he said: equal to - five Wasqs (a standard measure)..

Narrated Ibn ‘Umar (may Allah be pleased with him):
I saw the people buy foodstuff randomly without measuring it during the lifetime of Allah's Messenger ﷺ and they were punished (by beating), if they tried to resell it before carrying it to their own houses..

Narrated Ibn ‘Umar (may Allah be pleased with him):
Allah's Messenger ﷺ forbade Najsh..

‘AbdullahNarrated Ibn ‘Umar (may Allah be pleased with him):
Allah's Messengerﷺ said, "You should not try to cancel the purchases of one another (to get a benefit thereof), and do not go ahead to meet the trading caravan (for buying the goods) (but wait) till it reaches the marketplace."
.

‘Abdullah(may Allah be pleased with him) said:
We used to go out to meet the trading caravan and used to buy foodstuff from them. The Prophet ﷺforbade us to resell it till it was carried to the marketplace.
.

‘Abdullah(may Allah be pleased with them) said: Some people used to buy foodstuff at the head of the marketplace and used to resell it on the spot. Allah's Messenger ﷺ forbade them from reselling it till they brought it to (their) places.
.

Narrated Aboo Bakrah (may Allah be pleased with him):
Allah's Messengerﷺ said, "Do not sell gold for gold unless equal in weight, nor silver for silver unless equal in weight, but you could sell gold for silver or silver for gold as you like."
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