Sahih al-Bukhari
Sales and Trade
كتاب البيوع
Chapter 85
بَيْعِ الثِّمَارِ قَبْلَ أَنْ يَبْدُوَ صَلاَحُهَا
Abdullah ibn Yusuf informed us: Malik informed us, from Nafi, from Abdullah ibn Umar, may Allah be pleased with them both, that the Messenger of Allah forbade selling fruits until their ripeness became evident. He forbade both the seller and the buyer from doing so.
Translation notes
The Arabic explicitly applies the prohibition to both parties to the sale.
Ibn Muqatil narrated to us: Abdullah informed us: Humayd al-Tawil narrated to us, from Anas, may Allah be pleased with him, that the Messenger of Allah forbade selling dates on the palm until they had begun to ripen. Abu Abdullah said: That is, until they turn red.
Translation notes
The verb tazhu indicates that the dates begin to show ripeness or color; Abu Abdullah glosses it as turning red.
Musaddad narrated to us: Yahya ibn Said narrated to us, from Salim ibn Hayyan: Said ibn Mina narrated to us; he said: I heard Jabir ibn Abdullah, may Allah be pleased with them both, say: The Prophet forbade selling fruit until it had begun to change color. He was asked, “What does that mean?” He replied, “It turns red and yellow, and some of it can be eaten.”
Translation notes
The Arabic describes the fruit turning red and yellow and becoming partly edible as the sign intended.
Chapter 86
بَيْعِ النَّخْلِ قَبْلَ أَنْ يَبْدُوَ صَلاَحُهَا
Ali ibn al-Haytham narrated to me: Mualla narrated to us: Hushaym narrated to us: Humayd informed us: Anas ibn Malik, may Allah be pleased with him, narrated from the Prophet that he forbade selling fruit until its ripeness became evident, and selling dates on the palm until they began to ripen. He was asked, “What does yizhu mean?” He replied, “It turns red or yellow.”
Translation notes
The report distinguishes general fruit from dates on the palm, and explains the ripeness sign for dates as turning red or yellow.
Chapter 87
إِذَا بَاعَ الثِّمَارَ قَبْلَ أَنْ يَبْدُوَ صَلاَحُهَا ثُمَّ أَصَابَتْهُ عَاهَةٌ فَهُوَ مِنَ الْبَائِع
Abdullah ibn Yusuf informed us: Malik informed us, from Humayd, from Anas ibn Malik, may Allah be pleased with him, that the Messenger of Allah forbade selling produce until it began to ripen. He was asked, “What does that mean?” He replied, “Until it turns red.” He then said, “If Allah were to withhold the fruit, on what basis would one of you take his brother wealth?”
Translation notes
The closing rhetorical question grounds the sale prohibition in the risk that the crop may fail before the buyer receives it.
Al-Layth said: Yunus narrated to me, from Ibn Shihab, who said: If a man were to buy produce before its ripeness became evident, and it were then struck by a calamity, what befell it would be upon its owner. Salim ibn Abdullah informed me, from Ibn Umar, may Allah be pleased with them both, that the Messenger of Allah said: “Do not trade produce until its ripeness becomes evident, and do not sell produce in exchange for dates.”
Translation notes
The opening is a statement from Ibn Shihab, introduced through Yunus, before the Prophetic report through Salim and Ibn Umar. The Arabic says the loss is upon its owner; the English witness identifies that as the owner rather than the buyer.
Chapter 88
شِرَاءِ الطَّعَامِ إِلَى أَجَلٍ
Umar ibn Hafs ibn Ghiyath narrated to us: My father narrated to us: al-Amash narrated to us; he said: We mentioned pledging a security in a forward sale in the presence of Ibrahim, and he said, “There is no harm in it.” Then he narrated to us, from al-Aswad, from Aisha, may Allah be pleased with her, that the Prophet bought food from a Jewish man for a deferred term and gave him his armor as security.
Translation notes
The first sentence is Ibrahim legal comment on taking security in a forward sale. The following sentence is the report from Aisha about the Prophet purchase of food on deferred payment and pledging his armor.
Chapter 89
إِذَا أَرَادَ بَيْعَ تَمْرٍ بِتَمْرٍ خَيْرٍ مِنْهُ
Qutayba narrated to us, from Malik, from Abd al-Majid ibn Suhayl ibn Abd al-Rahman, from Said ibn al-Musayyab, from Abu Said al-Khudri and Abu Hurayra, may Allah be pleased with them both: The Messenger of Allah appointed a man over Khaybar, and he brought him janib dates. The Messenger of Allah said, “Are all the dates of Khaybar like this?” He replied, “No, by Allah, Messenger of Allah. We take one sa of these for two sa, and two sa for three.” The Messenger of Allah said, “Do not do that. Sell al-jam for dirhams, then buy janib with the dirhams.”
Translation notes
The Arabic names two types of dates, janib and al-jam, without defining al-jam in this passage; the English witness describes it as mixed or lower-quality dates. The instruction replaces unequal barter of dates with separate sales and purchases for money.
Chapter 90
مَنْ بَاعَ نَخْلاً قَدْ أُبِّرَتْ أَوْ أَرْضًا مَزْرُوعَةً أَوْ بِإِجَارَةٍ
Abu Abdullah said: Ibrahim told me: Hisham informed us: Ibn Jurayj informed us; he said: I heard Ibn Abi Mulayka report from Nafi, the freedman of Ibn Umar, that whichever palm trees are sold after pollination, if their fruit is not mentioned, the fruit belongs to the one who pollinated them. The same applies to an enslaved person and to cultivated land. Nafi named these three cases.
Translation notes
The Arabic says “enslaved person and cultivated land” without spelling out the parallel property rule. Nafi identifies three cases in total: pollinated palms, an enslaved person, and cultivated land.
Abdullah ibn Yusuf informed us: Malik informed us, from Nafi, from Abdullah ibn Umar, may Allah be pleased with them both, that the Messenger of Allah said: “Whoever sells palm trees that have been pollinated, their fruit belongs to the seller unless the buyer stipulates otherwise.”
Translation notes
The Arabic says the buyer stipulates a different condition; it does not explicitly state the seller acceptance present in the English witness.
Chapter 91
بَيْعِ الزَّرْعِ بِالطَّعَامِ كَيْلاً
Qutayba narrated to us: al-Layth narrated to us, from Nafi, from Ibn Umar, may Allah be pleased with them both, who said: The Messenger of Allah forbade muzabana: selling the produce of one orchard for measured dates if it was a palm orchard; selling the produce of a vineyard for measured raisins; or selling a crop for a measured quantity of food. He forbade all of that.
Translation notes
The Arabic lists three produce-for-measure exchanges: palm produce for dates, vineyard produce for raisins, and crops for measured food.
Chapter 92
بَيْعِ النَّخْلِ بِأَصْلِهِ
Qutayba ibn Said narrated to us: al-Layth narrated to us, from Nafi, from Ibn Umar, may Allah be pleased with them both, that the Prophet said: “If anyone pollinates palm trees and then sells the trees, their fruit belongs to the one who pollinated them, unless the buyer stipulates that it be included.”
Translation notes
The Arabic says the buyer stipulates the fruit as part of the purchase; it does not explicitly state seller agreement.
Chapter 93
بَيْعِ الْمُخَاضَرَةِ
Ishaq ibn Wahb narrated to us: Umar ibn Yunus narrated to us; he said: My father narrated to me; he said: Ishaq ibn Abi Talha al-Ansari narrated to me, from Anas ibn Malik, may Allah be pleased with him, who said: The Messenger of Allah forbade muhaqala, mukhadara, mulamasa, munabadha, and muzabana.
Translation notes
The report lists five prohibited transaction terms without defining them in this passage.
Qutayba narrated to us: Ismail ibn Jafar narrated to us, from Humayd, from Anas, may Allah be pleased with him, that the Prophet forbade selling date fruit until it began to ripen. We asked Anas, “What does its ripening mean?” He replied, “It turns red and yellow. Consider: if Allah were to withhold the fruit, on what basis would you deem your brother wealth lawful?”
Translation notes
Anas explains the ripening sign as turning red and yellow. The rhetorical question warns against taking payment when the crop may fail.
Chapter 94
بَيْعِ الْجُمَّارِ وَأَكْلِهِ
Abu al-Walid, Hisham ibn Abd al-Malik, narrated to us: Abu Awana narrated to us, from Abu Bishr, from Mujahid, from Ibn Umar, may Allah be pleased with them both, who said: I was with the Prophet while he was eating palm heart. He said, “Among the trees is a tree like the believing person.” I wanted to say that it was the date palm, but I was the youngest of them. He said, “It is the date palm.”
Translation notes
The Arabic says jummar, palm heart, not fresh dates as the English witness states. Ibn Umar notes that he was the youngest among those present.
Chapter 95
بَابُ مَنْ أَجْرَى أَمْرَ الأَمْصَارِ عَلَى مَا يَتَعَارَفُونَ بَيْنَهُمْ فِي الْبُيُوعِ وَالإِجَارَةِ وَالْمِكْيَالِ، وَالْوَزْنِ، وَسُنَنِهِمْ عَلَى نِيَّاتِهِمْ وَمَذَاهِبِهِمِ الْمَشْهُورَةِ
Abdullah ibn Yusuf informed us: Malik informed us, from Humayd al-Tawil, from Anas ibn Malik, may Allah be pleased with him, who said: Abu Tayba cupped the Messenger of Allah. The Messenger of Allah ordered that he be given one sa of dates, and instructed his household to reduce his kharaj.
Translation notes
Kharaj is a levy or payment due from him. The Arabic says ahluhu, his people or household; the English witness identifies them as his masters and describes him as enslaved.
Abu Nuaym narrated to us: Sufyan narrated to us, from Hisham, from Urwa, from Aisha, may Allah be pleased with her, who said: Hind, the mother of Muawiya, said to the Messenger of Allah, “Abu Sufyan is a stingy man. Would I be blameworthy if I took some of his property secretly?” He said, “You and your sons may take what suffices you, in a fair and reasonable manner.”
Translation notes
The response conditions what may be taken on sufficiency and customary fairness.
Ishaq narrated to me: Ibn Numayr narrated to us: Hisham informed us. Muhammad also narrated to me; he said: I heard Uthman ibn Farqad say: I heard Hisham ibn Urwa narrating from his father, who heard Aisha, may Allah be pleased with her, say: “Whoever is self-sufficient should abstain, and whoever is poor may consume in a fair manner.” This was revealed concerning the guardian of an orphan, who takes care of the child and manages the property. If the guardian is poor, he may consume from it in a fair manner.
Translation notes
The source gives two routes before Hisham ibn Urwa reports from his father, who heard Aisha. The verse distinguishes the self-sufficient guardian, who should abstain, from the poor guardian, who may consume fairly.
Chapter 96
بَيْعِ الشَّرِيكِ مِنْ شَرِيكِهِ
Mahmud narrated to me: Abd al-Razzaq informed us: Ma mar informed us, from al-Zuhri, from Abu Salama, from Jabir, may Allah be pleased with him, that the Messenger of Allah granted the right of pre-emption in every property that had not been divided. Once boundaries had been set and routes assigned, there was no right of pre-emption.
Translation notes
The report limits the right of pre-emption to undivided property; it ends once boundaries and access routes are established.
Chapter 97
بَيْعِ الأَرْضِ وَالدُّورِ وَالْعُرُوضِ مُشَاعًا غَيْرَ مَقْسُومٍ
Muhammad ibn Mahbub narrated to us: Abd al-Wahid narrated to us: Ma mar narrated to us, from al-Zuhri, from Abu Salama ibn Abd al-Rahman, from Jabir ibn Abdullah, may Allah be pleased with them both, who said: The Prophet ruled that the right of pre-emption applies to every property that has not been divided. Once boundaries have been set and routes assigned, there is no right of pre-emption.
Translation notes
This wording expresses the rule as a judgment by the Prophet.