| 2 Hadiths


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..

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 essential matters, to avoid disputes among people and help them conduct lawful and smooth business transactions that are free of deceit and Laws of Islam violations.
In this hadeeth, ‘Abdullah ibn ‘Umar ibn Al-Khattaab (may Allah be pleased with them) related that he saw people during the lifetime of the Messenger of Allah ﷺ buying foodstuff haphazardly, i.e., wholesale without estimation by measuring, weighing, or counting. In Islamic terminology, this type of sale is known as Bay‘ Al-Jizaaf (i.e., sale without estimation). An example of such a type of sale is when a seller sells a bowl of foodstuff without weighting it or estimating its quantity or monetary value. People used to resell the purchased commodity immediately after the purchase in their place (i.e., before carrying it to their homes or marketplaces). Therefore, the Prophet ﷺ forbade them from reselling the purchased commodities in the place of purchase, and commanded them instead to carry the purchased commodities, and take them into their possession before reselling them. He ﷺ used to appoint someone to discipline whoever did not comply with the Prophet’s ﷺcommand and resold the purchased commodities before taking possession of them.
It is deduced from the hadeeth that a ruler may discipline those who engage in defective and invalid contracts.
It is also inferred therefrom that it is allowable to sell foodstuff wholesale without estimation by measuring, weighing, or counting to determine its quantity.
The hadeeth also highlights how the Laws of Islam preserves and regulates all aspects of people’s lives..

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..

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 Najash, which means bidding to raise the price without the intention of buying, but merely to deceive others into buying it for a higher price. The wisdom behind the prohibition in this regard is because it involves deceit and trickery of people.

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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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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, ‘AbdullahIbn ‘Umar (may Allah be pleased with him) stated that the Prophet ﷺ forbade the sale called Bay‘ (Habal) Al-Hiblah (i.e., the sale of the unborn animals). It means the sale of unborn animals or thesale of the unborn offspring of an unborn animal. This sale was commonly conducted by Arabs during the pre-Islamic era of ignorance, whereby a man would buy an unborn she-camel or the unborn offspring of an unborn she-camel. A man would buy a she-camel until it produced offspring and the born she-camel produced offspring in turn. The Prophet ﷺ forbade such sale because it involves ambiguity of the sold commodity; the unborn animals may not be born to begin with!
It is deduced from the hadeeth that sales transactions must involve selling an identified commodity for a specified price.
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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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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 Taabi’ee (a Muslim who saw at least one of the Companions) Aboo Al-Minhaal Sayyaar ibn Salaamah Al-Rayhaanee stated that he asked Al-Baraa’ ibn ‘Aazib and Zayd ibn Arqam (may Allah be pleased with them) about (the Laws of Islam ruling on) money exchange, i.e., exchanging gold or Dinars for silver or Dirhams, and vice versa, namely, selling gold for gold, or silver for silver on credit. Both of them recommended the other to issue his Fatwaa (i.e., scholarly opinion) on the matter, stating that ‘He is better (more knowledgeable) than me!’ They (may Allah be pleased with them) both told him that the Prophet ﷺ forbade selling gold for silver on credit, meaning that gold may not be sold for a deferred payment of silver.
Scholars agreed that it is impermissible to sell gold for gold or silver on credit; the Taqaabudh requirement (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) must be fulfilled.
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.
The hadeeth highlights the early Muslim generations’ remarkable mindfulness of Allah, Exalted is He, and how they acknowledged others’ good qualities and favored them over themselves.
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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..

1591
Fadālah ibn ‘Ubayd reported: We were with the Messenger of Allah (may Allah's peace and blessings be upon him) on the Day of Khaybar, making deals with the Jews with the Wuqiyyah of gold for two or three dinars, whereupon the Messenger of Allah (may Allah's peace and blessings be upon him) said: Do not sell gold for gold except weight for weight..

Commentary : Riba (usury) is one of the types of exploitation in transactions. It entails great harm and involves unlawful earnings and taking extra money wrongfully. Therefore, it has been prohibited in all the laws that have been revealed. Riba al-Fadl (usury of surplus) is one of the types of Riba, and it means selling an item that is subject to Riba rulings for another of the same type with excess in one of the two, like selling a gold dinar for two dinars and a silver dirham for two dirhams.
In this Hadīth, Fadālah ibn ‘Ubayd (may Allah be pleased with him) narrates that they were with the Messenger of Allah (may Allah's peace and blessings be upon him) in the Battle of Khaybar in 7 AH. They were making deals with the Jews and buying from them one Wuqiyyah of gold worth forty silver dirhams for "two or three dinars", and the dinar was equal to 12 dirhams. It could mean they were selling one' Uqiyyah of gold, beads, and others for two or three dinars. It is known that this amount of pure gold is not to be sold for two or three dinars, and this was the reason why the Companions made such a transaction, as they thought it was permissible because the gold was mixed with other things. However, the Prophet (may Allah's peace and blessings be upon him) forbade them from selling gold for gold "except weight for weight," i.e., each must be equal to the other in terms of weight without any addition or surplus.
The Hadīth highlights the prohibition of Riba al-Fadl (usury of surplus)..

1592
Ma‘mar ibn ‘Abdullah reported: That he sent his servant with one Sā‘ of wheat and said to him: Sell it then buy with it barley. The servant went and took one Sā‘ and part of a Sā‘. When he came to Ma‘mar, he informed him of that, whereupon, Ma‘mar said to him: Why did you do that?! Go ahead and return it and do not take except like for like, as I used to hear the Messenger of Allah (may Allah's peace and blessings be upon him) say: Food for food, like for like. He said: Our food at that time was barley. It was said to him: It is not like it. He said: I am afraid that it could be similar..

Commentary : Riba (usury) is one of the types of exploitation in transactions. It entails great harm and involves unlawful earnings and taking extra money wrongfully. Therefore, it has been prohibited in all the laws that have been revealed. Riba al-Fadl (usury of surplus) is one of the types of Riba, and it means selling an item that is subject to Riba rulings for another of the same type with excess in one of the two, like selling a Sā‘ of wheat for two Sā‘s thereof, or one hundred grams of gold for one hundred and ten grams thereof.
In this Hadīth, Ma‘mar ibn ‘Abdullah ibn Nadlah (may Allah be pleased with him) narrates that he sent his servant with one Sā‘ of wheat and ordered him to sell it for cash, i.e., for dirhams and dinars, then buy barley with its price. The boy went and bought one Sā‘ of barley and part of a Sā in return for the wheat directly without selling the wheat first and then buying the barley with its price. Perhaps he did that because buying barley was the goal and it was achieved by this.
When the servant returned to Ma‘mar, he informed him of what he had done, i.e., selling one Sā‘ of wheat for one Sā‘ and more of barley. Ma‘mar asked him: Why did you do that?! This is an objecting question. Then, he ordered him to return and bring back the wheat and return the barley and not to take the barley from him except like for like in terms of weight. Then, he clarified to him the reason for returning the extra barley, as he heard the Messenger of Allah (may Allah's peace and blessings be upon him) say: "Food for food," i.e., when selling one of them for another, it should be "like for like," i.e., in terms of weight and amount without any addition or surplus, and the two foods here refer to those of the same type, as it was mentioned in a version in Sahīh Muslim Collection that the Prophet (may Allah's peace and blessings be upon him) said: "If these classes differ, sell as you wish as long as payment is made hand to hand."
Ma‘mar (may Allah be pleased with him) said: "Our food at that time was barley," i.e., it was the staple food during the time of the Prophet (may Allah's peace and blessings be upon him). Some of those who were present objected that barley and wheat are not of the same type, i.e., wheat and barley are two different types, therefore, surplus between them is not unlawful. Ma‘mar (may Allah be pleased with him) said: "I am afraid that it could be similar," i.e., a similar case. In other words, he was afraid it was included among the similar types and, thus, should have the same ruling of the prohibition of Riba since wheat and barley are close and each of them is called food. He (may Allah be pleased with him) did this out of religious prudence and as a precautionary measure.
The Hadīth highlights the prohibition of Riba al-Fadl (usury of surplus).
It shows how the Companions were cautious not to fall into committing what is unlawful..

1594
Abu Nadrah reported: I asked Ibn' Abbās about Sarf (currency exchange), and he said: Is it hand to hand? I said: Yes. He said: There is no harm in it. I informed Abu Sa‘īd about it, saying: I asked Ibn' Abbās about Sarf, and he said: Is it hand to hand? I said: Yes. He said: There is no harm in it. He said: Did he say that?! We will write to him not to give you this Fatwa (legal opinion). He said: By Allah, some of the boys of the Messenger of Allah (may Allah's peace and blessings be upon him) brought dry dates, but he rejected them and said: It seems those are not from the dry dates of our land. He said: This year, there was something wrong with the dry dates of our land - or with our dry dates - so I took that and made some addition, whereupon he said: You made an addition! You committed Riba (usury)! Do not approach this. If you have doubts about your dry dates, sell them and then buy the dry dates you like..

Commentary : Riba (usury) is one of the gravest major sins. The Shariah has forbidden all sales that involve a possibility of Riba and has permitted lawful sales that are free of Riba. The pre-Islamic era of ignorance was swarming with Riba-based sales, so Islam rectified and refined such sale transactions.
In this Hadīth, the Tābi‘i Abu Nadrah al-Mundhir ibn Mālik al-‘Abdi narrates that he asked the Companion ‘Abdullah ibn ‘Abbās (may Allah be pleased with him and his father) about Sarf, which is selling an item for another of the same type with a surplus and an addition in the taken or given item, like selling a dinar for two dinars or a dirham for two dirhams; whether it is a Riba-based sale or not. Ibn ‘Abbās answered by saying that it is not Riba in case it is exchanged hand to hand, i.e., at the time that the act of selling took place. Ibn ‘Abbās (may Allah be pleased with him and his father) did not deem selling an item for another of the same type with a surplus Riba, and he believed that Riba is not unlawful except in case of a deferred payment.
So, Abu Nadrah informed Abu Sa‘īd al-Khudri (may Allah be pleased with him) about the Fatwa of Ibn ‘Abbās, whereupon Abu Sa‘īd (may Allah be pleased with him) told him that he would write to Ibn ‘Abbās not to give such a Fatwa and would review it with him, clarify the truth, and advise him. Then, Abu Sa‘īd (may Allah be pleased with him) narrated his supporting reference and evidence in forbidding the Riba of surplus and addition. He swore and said: "By Allah, some of the boys of the Messenger of Allah (may Allah's peace and blessings be upon him)," who are the servants, "brought dry dates, but he rejected them," the Prophet (may Allah's peace and blessings be upon him) rejected them because they were not from the dry dates produced by their land and not the ones known among them. It was said to the Prophet (may Allah's peace and blessings be upon him): This year, the dry dates of Madīnah were of bad quality. So, the servant took some of the bad dry dates and exchanged them for others and brought those good dry dates to the Prophet (may Allah's peace and blessings be upon him) in return for the defective ones and gave the buyer an excess in the weight and amount of the defective dry dates. Thereupon, the Prophet (may Allah's peace and blessings be upon him) said: "You made an addition! You committed Riba (usury)! Do not approach this," i.e., what you did and the addition you made in the weight is from Riba. So, the Prophet (may Allah's peace and blessings be upon him) forbade him from eating from the dry dates he had brought. Then, the Prophet (may Allah's peace and blessings be upon him) said to him by way of teaching: "If you find some doubt about your dry dates, sell them and then buy the dry dates you like," thus, the Prophet (may Allah's peace and blessings be upon him) forbade him from taking dry dates for dry dates. So, if there was something wrong with his dry dates, he should first sell them for money, then buy with that money whatever he liked of the dry dates, and there should be no surplus between the two.
It seems that Ibn ‘Abbās gave that Fatwa of permissibility based on the apparent indication of the Prophet's statement mentioned in the two Sahīh Collections: "Riba is only in Nasī’ah (deferred payment)." This apparently indicates exclusiveness, as if he said: There is no Riba except in the deferred payment. However, there is a report in the Sahīh Muslim Collection indicating that Ibn ‘Abbās reconsidered his stance regarding his Fatwa, as Abu as-Sahbā’ narrated: "That he asked Ibn ‘Abbās about it in Makkah, and he disliked it," i.e., he disliked the permissibility of surplus in Sarf.
The Hadīth highlights the prohibition of Riba al-Fadl (usury of surplus).
It indicates the invalidity of the transaction that involves Riba.
It highlights the fact that the Shariah rulings are to be sought only through the Qur‘an and the Sunnah.
It shows how the Companions used to correct each other whenever they made a mistake..