Sales and Trade

كتاب البيوع

Chapter 63: Munabadha

Anas said that the Prophet, may God’s prayers and peace be upon him.
Narrated Abu Huraira

Allah's Messenger (ﷺ) forbade selling by Mulamasa and Munabadha.

Narrated Abu Sa`id

The Prophet (ﷺ) forbade two kinds of dresses and two kinds of sale, i.e., Mulamasa and Munabadha.

Chapter 66: The selling of an adulterer slave

Shurayh said that if he wanted to repudiate adultery.
Narrated Abu Huraira

The Prophet (ﷺ) said, "If a slave-girl commits illegal sexual intercourse and it is proved beyond doubt, then her owner should lash her and should not blame her after the legal punishment. And then if she repeats the illegal sexual intercourse he should lash her again and should not blame her after the legal punishment, and if she commits it a third time, then he should sell her even for a hair rope."

Chapter 69: Whoever hated that an urban person should sell the goods of a desert dweller and charge him for that

Narrated `Abdullah bin `Umar

Allah's Messenger (ﷺ) forbade the selling of the goods of a desert dweller by a town person.

Chapter 70: A town dweller should not buy goods for a desert dweller and charge commission as a broker

Ibn Sirin and Ibrahim hated the seller and the buyer, and Ibrahim said that the Arabs say sell me a garment. It means buying.
Narrated Abu Huraira

Allah's Messenger (ﷺ) said, "A buyer should not urge a seller to restore a purchase so as to buy it himself, and do not practice Najsh; and a town dweller should not sell goods of a desert dweller."

Chapter 71: It is forbidden to meet the caravans on the way (to buy the goods away from the market)

And that selling it is returnable, because its owner is a sinner if he has a scholar, which is deception in selling, and deception is not permissible.
Narrated Tawus

I asked Ibn `Abbas, "What is the meaning of, 'No town dweller should sell (or buy) for a desert dweller'?" Ibn `Abbas said, "It means he should not become his broker."

Narrated `Abdullah

Whoever buys an animal which has been kept unmilked for a long time, could return it, but has to pay a Sa of dates along with it. And the Prophet (ﷺ) forbade meeting the owners of goods on the way away from the market.

Chapter 72: The limits to which one can go ahead to meet the caravan

Narrated `Abdullah

We used to go ahead to meet the caravan and used to buy foodstuff from them. The Prophet (ﷺ) forbade us to sell it till it was carried to the market.

Narrated `Abdullah

Some people used to buy foodstuff at the head of the market and used to sell it on the spot. Allah's Apostle forbade them to sell it till they brought it to (their) places.

Chapter 73: If somebody imposes conditions in selling against the Islamic Law

Narrated `Urwa

Aisha said, "Barira came to me and said, 'I have agreed with my masters to pay them nine Uqiyas (of gold) (in installments) one Uqiya per year; please help me.' I said, 'I am ready to pay the whole amount now provided your masters agree that your Wala' will be for me.' So, Barira went to her masters and told them about that offer but they refused to accept it. She returned, and at that time, Allah's Messenger (ﷺ) was sitting (present). Barira said, 'I told them of the offer but they did not accept it and insisted on having the Wala'.' The Prophet (ﷺ) heard that." `Aisha narrated the whole story to the Prophet. He said to her, "Buy her and stipulate that her Wala' would be yours as the Wala' is for the manumitter." `Aisha did so. Then Allah's Messenger (ﷺ) stood up in front of the people, and after glorifying Allah he said, "Amma Ba`du (i.e. then after)! What about the people who impose conditions which are not in Allah's Book (Laws)? Any condition that is not in Allah's Book (Laws) is invalid even if they were one hundred conditions, for Allah's decisions are the right ones and His conditions are the strong ones (firmer) and the Wala' will be for the manumitter."

Narrated `Abdullah bin `Umar

Aisha, (mother of the faithful believers) wanted to buy a slave girl and manumit her, but her masters said that they would sell her only on the condition that her Wala' would be for them. `Aisha told Allah's Messenger (ﷺ) of that. He said, "What they stipulate should not hinder you from buying her, as the Wala' is for the manumitted."

Chapter 75: The selling of dried grapes for dried grapes and meals for meals

Narrated Ibn `Umar

Allah's Messenger (ﷺ) forbade Muzabana; and Muzabana is the selling of fresh dates for dried old dates by measure, and the selling of fresh grapes for dried grapes by measure.

Chapter 76: Selling of barley for barley

Narrated Ibn Shihab

that Malik bin Aus said, "I was in need of change for one-hundred Dinars. Talha bin 'Ubaidullah called me and we discussed the matter, and he agreed to change (my Dinars). He took the gold pieces in his hands and fidgeted with them, and then said, "Wait till my storekeeper comes from the forest." `Umar was listening to that and said, "By Allah! You should not separate from Talha till you get the money from him, for Allah's Messenger (ﷺ) said, 'The selling of gold for gold is Riba (usury) except if the exchange is from hand to hand and equal in amount, and similarly, the selling of wheat for wheat is Riba (usury) unless it is from hand to hand and equal in amount, and the selling of barley for barley is usury unless it is from hand to hand and equal in amount, and dates for dates, is usury unless it is from hand to hand and equal in amount"

Chapter 78: Selling of silver for silver

Narrated Abu Sa`id

(Concerning exchange) that he heard Allah's Messenger (ﷺ) saying, "Do not sell gold for gold unless equal in weight, and do not sell silver unless equal in weight."

Narrated Abu Sa`id Al-Khudri

Allah's Messenger (ﷺ) said, "Do not sell gold for gold unless equivalent in weight, and do not sell less amount for greater amount or vice versa; and do not sell silver for silver unless equivalent 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.

Chapter 79: Selling of Dinar for Dinar on credit

Narrated Abu Salih Az-Zaiyat

I heard Abu Sa`id Al-Khudri saying, "The selling of a Dinar for a Dinar, and a Dirham for a Dirham (is permissible)." I said to him, "Ibn `Abbas does not say the same." Abu Sa`id replied, "I asked Ibn `Abbas whether he had heard it from the Prophet (ﷺ) s or seen it in the Holy Book. Ibn `Abbas replied, "I do not claim that, and you know Allah's Messenger (ﷺ) better than I, but Usama informed me that the Prophet had said, 'There is no Riba (in money exchange) except when it is not done from hand to hand (i.e. when there is delay in payment).' "

Chapter 82: Al-Muzabana, Al-Araya

Anas said that the Prophet, may God’s prayers and peace be upon him, said about the Muzabiya and the incident.
Narrated `Abdullah bin `Umar

Allah's Messenger (ﷺ) forbade Muzabana; and Muzabana means the selling of fresh dates (on the trees) for dried dates by measure and also the selling of fresh grapes for dried grapes by measure.

Narrated Abu Sa`id Al-Khudri

Allah's Messenger (ﷺ) forbade Muzabana and Muhaqala; and Muzabana means the selling of ripe dates for dates still on the trees.

Narrated Zaid bin Thabit

Allah's Messenger (ﷺ) al lowed the owner of 'Araya to sell the fruits on the trees by means of estimation.

Chapter 84: Araya

The owner of the nakedness said that the man should expose the man to the palm tree, and then he would be hurt by his entry on it, so he gave him permission to buy it from him with dates. Ibn Idris said that the nakedness should only be done with enough dates, hand in hand, not with the butcher. It is strengthened by the saying of Sahl ibn Abi Hathma in the musical awsaq. Ibn Ishaq said in his hadeeth on the authority of Nafi' from Ibn 'Umar (may Allah be pleased with them) that it was naked for a man to naked his wealth with the palm tree and the two palm trees. Yazid said that Sufyan ibn Husayn al-'Araya was a palm tree that was given to the poor, so they could not wait for it, so they were allowed to sell it with whatever dates they wanted.
Narrated Ibn `Umar from Zaid bin Thabit

Allah's Messenger (ﷺ) allowed the sale of 'Araya by estimating the dates on them for measured amounts of dried dates. Musa bin `Uqba said, "Al- 'Araya were distinguished date palms; one could come and buy them (i.e. their fruits).