Sales and Trade

كتاب البيوع

Chapter 85: The sale of fruits before their benefit is evident

Zaid bin Thabit (ra) said, "In the lifetime of Allah's Messenger (ﷺ), the people used to trade with fruits. When they cut their date-fruits and the purchasers came to recieve their rights, the seller would say, 'My dates have got rotten, they are blighted with disease, they are afflicted with Qusham (a disease which causes the fruit to fall before ripening).' They would go on complaining of defects in their purchases. Allah's Messenger (ﷺ) said, "Do not sell the fruits before their benefit is evident (i.e. free from all the dangers of being spoiled or blighted), by way of advice for they quarrelled too much." Kharija bin Zaid bin Thabit said that Zaid bin Thabit (ra) used not to sell the fruits of his land till Pleiades appeared and one could distinguish the yellow fruits from the red (ripe) ones.

Narrated `Abdullah bin `Umar

Allah's Messenger (ﷺ) forbade the sale of fruits till their benefit is evident. He forbade both the seller and the buyer (such sale).

Narrated Anas

Allah's Messenger (ﷺ) forbade the sale of date fruits till they were ripe. Abu `Abdullah (Al-Bukhari) said, "That means till they were red (can be eaten).

Narrated Jabir bin `Abdullah

The Prophet (ﷺ) forbade the s of (date) fruits till they were red or yellow and fit for eating.

Chapter 86: The sale of date-palms before their benefit is evident

Narrated Anas bin Malik

The Prophet (ﷺ) forbade the sale of fruits till their benefit is evident; and the sale of date palms till the dates are almost ripe. He was asked what 'are almost ripe' meant. He replied, "Got red and yellow."

Chapter 87: If somebody sells fruits before their benefit is evident

Narrated Anas bin Malik

Allah's Messenger (ﷺ) forbade the sale of fruits till they are almost ripe. He was asked what is meant by 'are almost ripe.' He replied, "Till they become red." Allah's Messenger (ﷺ) further said, "If Allah spoiled the fruits, what right would one have to take the money of one's brother (i.e. other people)?"

Narrated Ibn Shihab

Narrated Salim bin 'Abdullah from Ibn Umar: Allah's Messenger (ﷺ) said, "Do not sell or buy fruits before their benefit was evident and do not sell fresh fruits (dates) for dried dates."

Chapter 88: To buy foodstuff on credit

Narrated `Aisha

The Prophet (ﷺ) bought some foodstuff from a Jew on credit and mortgaged his armor to him.

Chapter 89: To buy dates for Riba-Al-Fadl

Narrated Abu Sa`id Al-Khudri and Abu Huraira

Allah's Messenger (ﷺ) appointed somebody as a governor of Khaibar. That governor brought to him an excellent kind of dates (from Khaibar). The Prophet (ﷺ) asked, "Are all the dates of Khaibar like this?" He replied, "By Allah, no, O Allah's Messenger (ﷺ)! But we barter one Sa of this (type of dates) for two Sas of dates of ours and two Sas of it for three of ours." Allah's Messenger (ﷺ) said, "Do not do so (as that is a kind of usury) but sell the mixed dates (of inferior quality) for money, and then buy good dates with that money."

Chapter 90: Sold or rented date-palms which were pollinated, or land which was sown

Narrated Nafi', the freed slave of Ibn 'Umar

If pollinated date-palms are sold and nothing is mentioned (in the contract) about their fruits, the fruits will go to the person who has pollinated them, and so will be the case with the slave and the cultivator. Nafi' mentioned those three things.

Narrated `Abdullah bin `Umar

Allah's Messenger (ﷺ) said, "If somebody sells pollinated date palms, the fruits will be for the seller unless the buyer stipulates that they will be for himself (and the seller agrees).

Chapter 91: The sale of unharvested crops for a measured quantity of foodstuff

Narrated Ibn `Umar

Allah's Messenger (ﷺ) forbade Al-Muzabana, i.e. to sell ungathered dates of one's garden for measured dried dates or fresh ungathered grapes for measured dried grapes; or standing crops for measured quantity of foodstuff. He forbade all such bargains.

Chapter 92: The sale of datepalms completely

Narrated Ibn `Umar

The Prophet (ﷺ) said, "Whoever pollinates date palms and then sells them, the fruits will belong to him unless the buyer stipulates that the fruits should belong to him (and the seller agrees).

Chapter 93: Bai' Al-Mukhadara

Narrated Anas bin Malik

Allah's Messenger (ﷺ) forbade Muhaqala, Mukhadara, Mulamasa, Munabadha and Muzabana. (See glossary and previous Hadiths for the meanings of these terms.)

Narrated Humaid

Anas said, "The Prophet (ﷺ) forbade the selling of dates till they were almost ripe." We asked Anas, "What does 'almost ripe' mean?" He replied, "They get red and yellow. The Prophet (ﷺ) added, 'If Allah destroyed the fruits present on the trees, what right would the seller have to take the money of his brother (somebody else)?' "

Chapter 94: The sale and eating of spadix

Narrated Ibn `Umar

I was with the Prophet (ﷺ) while he was eating fresh dates. He said, "From the trees there is a tree which resembles a faithful believer." I wanted to say that it was the date palm, but I was the youngest among them (so I kept quiet). He added, "It is the date palm."

Chapter 95: Where there is no fixed judgement, the traditions and conventions of community are to be referred

Shuraih told the weavers, "You are permitted to follow your own conventions to solve your problems (it is legal for you to stick to your traditions in bargain) . " Narrated `Abdul Wahab: Aiyub said: Muhammad said, "There is no harm in selling for eleven what you buy for ten, and you are allowed to take a profit for expenses . " The Prophet told Hind, "Take what is reasonable and sufficient for you and your sons." Allah says: Whoever is poor, can eat (from the orphan's property) reasonably (according to his labors). Al-Hasan hired a donkey from `Abdullah bin Mirdas and asked him about the hire. The latter replied that it was for two Daniqs (a Daniq equals 116th Dirham). So Al-Hasan rode away. Another time, Al- Hasan came to `Abdullah bin Mirdas and asked him to hire the donkey to him and rode away without asking him about the hire, but he sent him half a Dirham.

Narrated Anas bin Malik

Abu Taiba cupped Allah's Messenger (ﷺ) and so Allah's Messenger (ﷺ) ordered that a Sa of dates be paid to him and ordered his masters (for he was a slave) to reduce his tax.

Narrated `Aisha

Hind, the mother of Mu'awiya said to Allah's Messenger (ﷺ), "Abu Sufyan (her husband) is a miser. Am I allowed to take from his money secretly?" The Prophet (ﷺ) said to her, "You and your sons may take what is sufficient reasonably and fairly."

Narrated Hisham bin `Urwa from his father

who heard Aisha saying, "The Holy Verse; 'Whoever amongst the guardians is rich, he should take no wages (from the property of the orphans) but If he is poor, let him have for himself what is just and reasonable (according to his labors)' (4.6) was revealed concerning the guardian of the orphans who looks after them and manages favorably their financial affairs; If the guardian Is poor, he could have from It what Is just and reasonable, (according to his labors).

Chapter 96: Selling of a jointproperty by one to the other

Narrated Jabir

Allah's Messenger (ﷺ) gave preemption (to the partner) in every joint property, but if the boundaries of the property were demarcated or the ways and streets were fixed, then there was no pre-emption.