Sales and Trade
كتاب البيوع
Chapter 64: The seller is not allowed to keep animal unmilked for a long time
The Prophet (ﷺ) said, "Don't keep camels and sheep unmilked for a long time, for whoever buys such an animal has the option to milk it and then either to keep it or return it to the owner along with one Sa of dates." Some narrated from Ibn Seereen (that the Prophet (ﷺ) had said), "One Sa of wheat, and he has the option for three days." And some narrated from Ibn Seereen, " ... a Sa of dates," not mentioning the option for three days. But a Sa of dates is mentioned in most narrations.
Whoever buys a sheep which has not been milked for a long time, has the option of returning it along with one Sa of dates; and the Prophet (ﷺ) forbade going to meet the seller on the way (as he has no knowledge of the market price and he may sell his goods at a low price).
Allah's Messenger (ﷺ) said, "Do not go forward to meet the caravan (to buy from it on the way before it reaches the town). And do not urge buyers to cancel their purchases to sell them (your own goods) yourselves, and do not practice Najsh. A town dweller should not sell the goods for the desert dweller. Do not leave sheep unmilked for a long time, when they are on sale, and whoever buys such an animal has the option of returning it, after milking it, along with a Sa of dates or keeping it. it has been kept unmilked for a long period by the seller (to deceive others).
Chapter 65: Returning an animal after milking it
Allah's Messenger (ﷺ) said, "Whoever buys a sheep which has been kept unmilked for a long period, and milks it, can keep it if he is satisfied, and if he is not satisfied, he can return it, but he should pay one Sa of dates for the milk."
Chapter 66: The selling of an adulterer slave
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."
Allah's Messenger (ﷺ) was asked about the slave-girl, if she was a virgin and committed illegal sexual intercourse. The Prophet (ﷺ) said, "If she committed illegal sexual intercourse, lash her, and if she did it a second time, then lash her again, and if she repeated the third time, then sell her even for a hair rope." Ibn Shihab said, "I don't know whether to sell her after the third or fourth offense."
Chapter 67: Dealing with women in selling and buying
Allah's Messenger (ﷺ) came to me and I told him about the slave-girl (Barirah) Allah's Messenger (ﷺ) said, "Buy and manumit her, for the Wala is for the one who manumits." In the evening the Prophet (ﷺ) got up and glorified Allah as He deserved and then said, "Why do some people impose conditions which are not present in Allah's Book (Laws)? Whoever imposes such a condition as is not in Allah's Laws, then that condition is invalid even if he imposes one hundred conditions, for Allah's conditions are more binding and reliable."
Aisha wanted to buy Barirah and he (the Prophet) went out for the prayer. When he returned, she told him that they (her masters) refused to sell her except on the condition that her Wala' would go to them. The Prophet (ﷺ) replied, 'The Wala' would go to him who manumits.' " Hammam asked Nafi` whether her (Barirah's) husband was a free man or a slave. He replied that he did not know.
Chapter 68: Is it permissible for a person from the town to sell the goods of a desert dweller
I have given a pledge of allegiance to Allah's Messenger (ﷺ) for to testify that None has the right to be worshipped but Allah, and Muhammad is His Apostle, to offer prayers perfectly, to pay Zakat, to listen to and obey (Allah's and His Prophet's orders), and to give good advice to every Muslim.
Ibn `Abbas said, "Allah's Messenger (ﷺ) said, 'Do not go to meet the caravans on the way (for buying their goods without letting them know the market price); a town dweller should not sell the goods of a desert dweller on behalf of the latter.' I asked Ibn `Abbas, 'What does he mean by not selling the goods of a desert dweller by a town dweller?' He said, 'He should not become his broker.' "
Chapter 69: Whoever hated that an urban person should sell the goods of a desert dweller and charge him for that
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
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."
We were forbidden that a town dweller should 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)
The Prophet (ﷺ) forbade the meeting (of caravans) on the way and the selling of goods by an inhabitant of the town on behalf of a desert dweller.
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."
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.
Allah's Messenger (ﷺ) 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 caravan (for buying the goods) (but wait) till it reaches the market."
Chapter 72: The limits to which one can go ahead to meet the caravan
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.
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
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."