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The Book on Business

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Narrated 'Ubadah bin As-Samit: That the Prophet (ﷺ) said: "Gold for gold, kind for kind; silver for silver, kind for kind; dried-dates for dried-dates, kind for kind; wheat for wheat, kind for kind; salt for salt, kind for kind; and barley for barley, kind for kind. Whoever increases or seeks an increase, then he dealt with Riba. Sell gold for silver as you wish, hand to hand; and sell wheat for dried-dates as you wish, hand to hand; and sell barley for dried-dates as you wish, hand to hand." [He said:] There are narrations on this topic from Abu Sa'eed, Abu Hurairah, Bilal, And Anas. [Abu 'Eisa said:] The Hadith of 'Ubadah bin As-Samit is Hasan Sahih. Some of them reported this Hadith from Khalid, with this chain, and he said: "Sell wheat for barley as you wish, hand to hand." Some of them reported this Hadith from Khalid, from Abu Qilabah, from Ash'ath, from 'Ubadah from the Prophet (ﷺ). In that Hadith, they added that Khalid said: "Abu Qilabah said: "Sell wheat for barley as you wish, hand to hand." This Hadith is acted upon according to the people of knowledge, they do not think that one may sell wheat for wheat except when it is the same kind for the same kind, and (the same for) barely in exchange for barley, kind for kind. When the items are themselves different, then there is no harm in one being more than the other if it is hand to hand. This is saying of most of the people of knowledge among the Companions of the Prophet (ﷺ) and others. It is the view of Sufyan Ath-Thawri, Ash-Shafi'i, Ahmad, and Ishaq. Ash-Shafi'i said: "And the proof for that is the saying of the Prophet (ﷺ): 'Sell barley for wheat as you wish, hand to hand.'" [Abu 'Eisa said:] Some of the people of knowledge considered it disliked that wheat be sold for barely unless it was kind for kind. This is the view of Malik bin Anas, but the first view is more correct.
Narrated Salim: From his father that the Messenger of Allah (ﷺ) said: 'Whoever purchases a date-palm after it has been pollinated then its fruits are for the one who sold it, unless the buyer made it a condition. And whoever purchases slave who has property, then his property is for the one who sold him, unless the buyer made it a condition." [He said:] There is something on this topic from Jabir. The Hadith of Ibn 'Umar is a Hasan Sahih Hadith. Similarly, it has been reported by more than one route from Az-Zuhri, from Salim, from Ibn 'Umar, that the Prophet (ﷺ) "Whoever purchases a date-palm after it has been pollinated, then its fruits are for seller, unless the buyer made it a condition. And whoever purchases a slave who has property, then his property is for the seller, unless the buyer made it a condition." And it has been reported from Nafi', from Ibn 'Umar, that the Prophet (ﷺ) said: "Whoever purchases a date-palm that has been pollinated, then its fruits are for the seller, unless the buyer made it a condition." It has been reported from Nafi', from Ibn 'Umar, from 'Umar, that he (ﷺ) said: "Whoever sold a slave who has property, his property is for the seller, unless the buyer made it a condition." This is how the two Ahadith were reported by 'Ubaidullah bin 'Umar and others from Nafi'. Some of them have also reported this Hadith from Nafi', from Ibn 'Umar, from the Prophet (ﷺ). 'Ikrimah bin Khalid reported similar to the Hadith of Salim, from Ibn 'Umar, from the Prophet (ﷺ). This Hadith is acted upon according to some of the people of knowledge. It is the view of Ash-Shafi'i, Ahmad, and Ishaq. Muhammad bin Isma'il said: "The Hadith of Az-Zuhri from Salim, from his father, from the Prophet (ﷺ) is the most correct [of what has been reported on this topic]."
Narrated Hakim b. Hizam: That the Messenger of Allah (ﷺ) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings." And this is a Sahih Hadith. This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (ﷺ) said: 'The buyer and the seller retain the choice as long as they did not separate.'" Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (ﷺ) is Sahih, and it strenghtens this view. And the meaning of the saying of the Prophet (ﷺ): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (ﷺ).

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🇬🇧 English
The Book on Business
🇸🇦 Arabic
كتاب البيوع عن رسول الله صلى الله عليه وسلم