Sunan Ibn Majah
The Chapters on Business Transactions
كتاب التجارات
Chapter 15
النَّهْىِ أَنْ يَبِيعَ حَاضِرٌ لِبَادٍ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Al-Abbas ibn Abd al-Azim al-Anbari narrated to us; Abd al-Razzaq narrated to us; Mamar informed us, from Ibn Tawus, from his father, from Ibn Abbas, who said: The Messenger of Allah (peace and blessings be upon him) forbade a town-dweller from selling on behalf of a Bedouin. I asked Ibn Abbas, “What does ‘a town-dweller for a Bedouin’ mean?” He said, “He must not act as his broker.”
Notes and open questions — unreviewed
قُلْتُ لاِبْنِ عَبَّاسٍ مَا قَوْلُهُ حَاضِرٌ لِبَادٍ قَالَ لاَ يَكُونُ لَهُ سِمْسَارًا .
Ibn Abbas explains the disputed phrase as the town-dweller not serving as the Bedouin’s broker.
Does “act as his broker” capture the meaning of simsar here?
Chapter 16
النَّهْىِ عَنْ تَلَقِّي الْجَلَبِ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Abu Bakr ibn Abi Shaybah and Ali ibn Muhammad narrated to us. They said: Abu Usamah narrated to us, from Hisham ibn Hassan, from Muhammad ibn Sirin, from Abu Hurayrah, from the Prophet (peace and blessings be upon him), who said: “Do not intercept caravans bringing goods [before they reach the market]. Whoever intercepts any of their goods and buys it, its owner has the option [to cancel the sale] when he arrives at the market.”
Notes and open questions — unreviewed
عَنِ النَّبِيِّ ـ صلى الله عليه وسلم ـ قَالَ " لاَ تَلَقَّوُا الأَجْلاَبَ فَمَنْ تَلَقَّى مِنْهُ شَيْئًا فَاشْتَرَى فَصَاحِبُهُ بِالْخِيَارِ إِذَا أَتَى السُّوقَ " .
Al-ajlab refers to goods brought in from outside, often by a caravan; the text states the seller has an option upon reaching the market but does not explicitly spell out cancellation.
Does “intercept caravans bringing goods” and the bracketed cancellation make this market practice clear?
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Uthman ibn Abi Shaybah narrated to us; Abdah ibn Sulayman narrated to us, from Ubayd Allah ibn Umar, from Nafi, from Ibn Umar, who said: The Messenger of Allah (peace and blessings be upon him) forbade intercepting goods brought to market.
Notes and open questions — unreviewed
قَالَ نَهَى رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ عَنْ تَلَقِّي الْجَلَبِ .
Al-jalab refers to goods brought in from elsewhere for sale; the previous report states the interception occurs before they reach the market.
Does “intercepting goods brought to market” convey the named practice?
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Yahya ibn Hakim narrated to us; Yahya ibn Said and Hammad ibn Masadah narrated to us, from Sulayman al-Taymi. (A second chain:) Ishaq ibn Ibrahim ibn Habib ibn al-Shahid narrated to us; Mutamir ibn Sulayman narrated to us: I heard my father say, “Abu Uthman al-Nahdi narrated to us, from Abdullah ibn Masud,” who said: The Messenger of Allah (peace and blessings be upon him) forbade intercepting sales [before they reach the market].
Notes and open questions — unreviewed
قَالَ نَهَى رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ عَنْ تَلَقِّي الْبُيُوعِ .
The text uses a general phrase, intercepting sales; surrounding reports refer to meeting incoming sellers or goods before they reach the market.
Does the bracketed context clarify the practice without over-specifying this wording?
Chapter 17
الْبَيِّعَانِ بِالْخِيَارِ مَا لَمْ يَفْتَرِقَا
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Muhammad ibn Rumh al-Misri informed us; al-Layth ibn Sad informed us, from Nafi, from Abdullah ibn Umar, from the Messenger of Allah (peace and blessings be upon him), who said: “When two people enter a sale, each of them has the option [to affirm or cancel it] as long as they have not parted and remain together, unless one gives the other the choice. If one gives the other the choice and they conclude the sale on that basis, the sale is binding. If they part after making the sale and neither of them cancels it, the sale is binding.”
Notes and open questions — unreviewed
عَنْ رَسُولِ اللَّهِ ـ صلى الله عليه وسلم ـ قَالَ " إِذَا تَبَايَعَ الرَّجُلاَنِ فَكُلُّ وَاحِدٍ مِنْهُمَا بِالْخِيَارِ مَا لَمْ يَتَفَرَّقَا وَكَانَا جَمِيعًا أَوْ يُخَيِّرْ أَحَدُهُمَا الآخَرَ فَإِنْ خَيَّرَ أَحَدُهُمَا الآخَرَ فَتَبَايَعَا عَلَى ذَلِكَ فَقَدْ وَجَبَ الْبَيْعُ .
The report describes the parties’ option while together and the effect of one party giving the other a choice; the precise legal scope of this option is a juristic question.
Does “option to affirm or cancel” represent khiyar clearly while avoiding an added ruling?
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Ahmad ibn Abdah and Ahmad ibn al-Miqdam narrated to us. They said: Hammad ibn Zayd narrated to us, from Jamil ibn Murrah, from Abu al-Wadi, from Abu Barzah al-Aslami, who said: The Messenger of Allah (peace and blessings be upon him) said: “The two parties to a sale have the option [to affirm or cancel it] as long as they have not parted.”
Notes and open questions — unreviewed
قَالَ قَالَ رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ " الْبَيِّعَانِ بِالْخِيَارِ مَا لَمْ يَتَفَرَّقَا " .
The report leaves the word khiyar unelaborated; it refers to an option held by the parties to the sale.
Does the bracketed gloss clarify khiyar without expanding the report?
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Muhammad ibn Yahya and Ishaq ibn Mansur narrated to us. They said: Abd al-Samad narrated to us; Shuʿbah narrated to us, from Qatadah, from al-Hasan, from Samurah, who said: The Messenger of Allah (peace and blessings be upon him) said: “The two parties to a sale have the option [to affirm or cancel it] as long as they have not parted.”
Notes and open questions — unreviewed
قَالَ قَالَ رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ " الْبَيِّعَانِ بِالْخِيَارِ مَا لَمْ يَتَفَرَّقَا " .
The report gives the option without further defining its operation.
Does the bracketed gloss adequately communicate the option held by each party?
Chapter 18
بَيْعِ الْخِيَارِ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Harmalah ibn Yahya and Ahmad ibn Isa, both Egyptians, narrated to us. They said: Abdullah ibn Wahb narrated to us; Ibn Jurayj informed me, from Abu al-Zubayr, from Jabir ibn Abd Allah, who said: The Messenger of Allah (peace and blessings be upon him) bought a load of khabat [tree leaves used as fodder] from a Bedouin. When the sale became binding, the Messenger of Allah (peace and blessings be upon him) said, “Choose.” The Bedouin replied, “May Allah grant you long life as a buyer.”
Notes and open questions — unreviewed
فَقَالَ الأَعْرَابِيُّ عَمْرَكَ اللَّهَ بَيِّعًا .
The Bedouin’s expression ʿamraka Allāh bayyiʿan is an idiomatic blessing or emphatic response; rendered literally as a wish for long life as a buyer.
Does “May Allah grant you long life as a buyer” preserve the force of this idiom?
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Al-Abbas ibn al-Walid al-Dimashqi narrated to us; Marwan ibn Muhammad narrated to us; Abd al-Aziz ibn Muhammad narrated to us, from Dawud ibn Salih al-Madani, from his father, who said: I heard Abu Said al-Khudri say: The Messenger of Allah (peace and blessings be upon him) said: “A sale is only by mutual consent.”
Notes and open questions — unreviewed
يَقُولُ قَالَ رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ " إِنَّمَا الْبَيْعُ عَنْ تَرَاضٍ " .
The concise maxim states that a sale is based on the parties’ mutual consent.
Does “only by mutual consent” preserve the force of innamā in the maxim?
Chapter 19
الْبَيِّعَانِ يَخْتَلِفَانِ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Uthman ibn Abi Shaybah and Muhammad ibn al-Sabbah narrated to us. They said: Hushaym narrated to us; Ibn Abi Layla informed us, from al-Qasim ibn Abd al-Rahman, from his father, that Abdullah ibn Masud sold Ashath ibn Qays an enslaved person from among the state’s slaves, and they disagreed over the price. Ibn Masud said, “I sold him to you for twenty thousand.” Ashath ibn Qays said, “I bought him from you for only ten thousand.” Abdullah said, “If you wish, I will tell you a hadith I heard from the Messenger of Allah (peace and blessings be upon him).” He said, “Tell me.” Abdullah said, “I heard the Messenger of Allah (peace and blessings be upon him) say: ‘If the two parties to a sale disagree, and neither has evidence, while the sold item remains as it was, then the seller’s statement is accepted, or they may rescind the sale between them.’” He [Ashath] said, “I think I will return the sale.” So he returned him.
Notes and open questions — unreviewed
قَالَ فَإِنِّي سَمِعْتُ رَسُولَ اللَّهِ ـ صلى الله عليه وسلم ـ يَقُولُ " إِذَا اخْتَلَفَ الْبَيِّعَانِ وَلَيْسَ بَيْنَهُمَا بَيِّنَةٌ وَالْبَيْعُ قَائِمٌ بِعَيْنِهِ فَالْقَوْلُ مَا قَالَ الْبَائِعُ أَوْ يَتَرَادَّانِ الْبَيْعَ " .
The phrase والبيع قائم بعينه means the sale item remains present in its original state; the report provides no further legal qualification.
Does “while the sold item remains as it was” capture the condition accurately?
بَاعَ مِنَ الأَشْعَثِ بْنِ قَيْسٍ رَقِيقًا مِنْ رَقِيقِ الإِمَارَةِ فَاخْتَلَفَا فِي الثَّمَنِ .
رقيق الإمارة is rendered as the state’s slaves; the phrase identifies the source or institutional grouping but gives no further detail.
Is “an enslaved person from among the state’s slaves” adequate for رقيقا من رقيق الإمارة?
Chapter 20
النَّهْىِ عَنْ بَيْعِ، مَا لَيْسَ عِنْدَكَ وَعَنْ رِبْحِ، مَا لَمْ يُضْمَنْ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Muhammad ibn Bashshar narrated to us; Muhammad ibn Jafar narrated to us; Shuʿbah narrated to us, from Abu Bishr, who said: I heard Yusuf ibn Mahak relate from Hakim ibn Hizam, who said: I asked, “Messenger of Allah, a man asks me to sell him something that I do not have. Should I sell it to him?” He said: “Do not sell what you do not have.”
Notes and open questions — unreviewed
قَالَ قُلْتُ يَا رَسُولَ اللَّهِ الرَّجُلُ يَسْأَلُنِي الْبَيْعَ وَلَيْسَ عِنْدِي أَفَأَبِيعُهُ قَالَ " لاَ تَبِعْ مَا لَيْسَ عِنْدَكَ " .
The question describes a requested sale of something not in Hakim’s possession; the wording does not state whether he owns it elsewhere.
Does “something that I do not have” avoid over-interpreting ownership?
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Azhar ibn Marwan narrated to us; he said: Hammad ibn Zayd narrated to us. (A second chain:) Abu Kurayb narrated to us; Ismail ibn Ulayyah narrated to us. Both said: Ayyub narrated to us, from Amr ibn Shuayb, from his father, from his grandfather, who said: The Messenger of Allah (peace and blessings be upon him) said: “It is not lawful to sell what you do not have, nor to take profit on what you have not assumed liability for.”
Notes and open questions — unreviewed
قَالَ قَالَ رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ " لاَ يَحِلُّ بَيْعُ مَا لَيْسَ عِنْدَكَ وَلاَ رِبْحُ مَا لَمْ يُضْمَنْ " .
Ribh ma lam yudman refers to profit from an item before the seller has borne its liability or risk; the legal application is technical.
Does “assumed liability for” adequately convey the meaning of yudman?
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Uthman ibn Abi Shaybah narrated to us; Muhammad ibn al-Fudayl narrated to us, from Layth, from Ata, from Attab ibn Asid, who said: When the Messenger of Allah (peace and blessings be upon him) sent him to Mecca, he forbade him from taking a markup on what he had not assumed liability for.
Notes and open questions — unreviewed
قَالَ لَمَّا بَعَثَهُ رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ إِلَى مَكَّةَ نَهَاهُ عَنْ شِفِّ مَا لَمْ يُضْمَنْ .
Shiff means a surplus or markup; the phrase ma lam yudman refers to goods whose liability or risk one has not assumed.
Does “markup on what he had not assumed liability for” preserve the meaning without overstating the legal scope?
Chapter 21
إِذَا بَاعَ الْمُجِيزَانِ فَهُوَ لِلأَوَّلِ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Humayd ibn Masadah narrated to us; Khalid ibn al-Harith narrated to us; Said narrated to us, from Qatadah, from al-Hasan, from Uqbah ibn Amir—or Samurah ibn Jundub—from the Prophet (peace and blessings be upon him), who said: “If a man makes a sale of an item to two men, it belongs to the first of them.”
Notes and open questions — unreviewed
عَنْ عُقْبَةَ بْنِ عَامِرٍ،
The chain gives Uqbah ibn Amir or Samurah ibn Jundub, explicitly preserving uncertainty over which Companion transmitted it.
Does the translation clearly retain the alternative attribution?
أَوْ سَمُرَةَ بْنِ جُنْدُبٍ عَنِ النَّبِيِّ ـ صلى الله عليه وسلم ـ قَالَ " أَيُّمَا رَجُلٍ بَاعَ بَيْعًا مِنْ رَجُلَيْنِ فَهُوَ لِلأَوَّلِ مِنْهُمَا " .
The report states that where the same sale is made to two men, it belongs to the first; it does not elaborate on how the competing sale arose.
Does “a sale of an item to two men” convey the general wording accurately?
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Al-Husayn ibn Abi al-Sari al-Asqalani and Muhammad ibn Ismail narrated to us. They said: Waki narrated to us; Said ibn Bashir narrated to us, from Qatadah, from al-Hasan, from Samurah, who said: The Messenger of Allah (peace and blessings be upon him) said: “If the two parties with the right of choice make the sale, it belongs to the first.”
Notes and open questions — unreviewed
قَالَ قَالَ رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ " إِذَا بَاعَ الْمُجِيزَانِ فَهُوَ لِلأَوَّلِ " .
Al-mujizan appears to refer to the two parties whose sale is subject to the option; the wording is concise and its exact scope is technical.
Does “the two parties with the right of choice” adequately convey al-mujizan?
Chapter 22
بَيْعِ الْعُرْبَانِ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Hisham ibn Ammar narrated to us; Malik ibn Anas narrated to us, saying: It reached me from Amr ibn Shuayb, from his father, from his grandfather, that the Prophet (peace and blessings be upon him) forbade the sale of ʿurban (a sale involving a deposit that may be forfeited if the buyer does not complete the purchase).
Notes and open questions — unreviewed
أَنَّ النَّبِيَّ ـ صلى الله عليه وسلم ـ نَهَى عَنْ بَيْعِ الْعُرْبَانِ .
Bay al-ʿurban is a sale involving an advance payment commonly forfeited if the buyer withdraws; jurists differ over its ruling and exact terms.
Does the parenthetical gloss describe the transaction without expanding this report’s wording?
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Al-Fadl ibn Yaqub al-Rukhami narrated to us; Habib ibn Abi Habib Abu Muhammad, Malik ibn Anas’s scribe, narrated to us; Abdullah ibn Amir al-Aslami narrated to us, from Amr ibn Shuayb, from his father, from his grandfather, that the Prophet (peace and blessings be upon him) forbade the sale of ʿurban. Abu Abdullah said: “ʿUrban is when a man agrees to buy a riding animal for one hundred dinars and gives the seller two dinars as a deposit, saying, ‘If I do not buy the animal, the two dinars are yours.’” It is also said—and Allah knows best—that it means a man buys something and pays the seller a dirham, or less or more, saying, “If I take it, [that is fine]; otherwise, the dirham is yours.”
Notes and open questions — unreviewed
قَالَ أَبُو عَبْدِ اللَّهِ الْعُرْبَانُ أَنْ يَشْتَرِيَ الرَّجُلُ دَابَّةً بِمِائَةِ دِينَارٍ فَيُعْطِيَهُ دِينَارَيْنِ أَرْبُونًا فَيَقُولَ إِنْ لَمْ أَشْتَرِ الدَّابَّةَ فَالدِّينَارَانِ لَكَ .
The compiler identifies ʿurban as a deposit given toward the price, retained by the seller if the buyer does not complete the purchase.
Does “deposit” correctly represent the two dinars described as arbun?
وَقِيلَ : يَعْنِي وَاللَّهُ أَعْلَمُ ،
The text introduces a second explanation with “it is said—and Allah knows best,” distinct from Abu Abdullah’s preceding definition.
Does “It is also said” preserve this separate, qualified explanation?
Chapter 23
النَّهْىِ عَنْ بَيْعِ الْحَصَاةِ، وَعَنْ بَيْعِ الْغَرَرِ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Muharriz ibn Salamah al-Adani narrated to us; Abd al-Aziz ibn Muhammad narrated to us, from Ubayd Allah, from Abu al-Zinad, from al-Araj, from Abu Hurayrah, who said: The Messenger of Allah (peace and blessings be upon him) forbade gharar sales (transactions involving excessive uncertainty) and pebble sales (in which a sale is determined by throwing a pebble).
Notes and open questions — unreviewed
قَالَ نَهَى رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ عَنْ بَيْعِ الْغَرَرِ وَعَنْ بَيْعِ الْحَصَاةِ .
Gharar is a technical term for uncertainty or risk in a transaction; bay al-hasah names a specific sale practice, whose forms are described in legal sources with some variation.
Are these concise glosses adequate for the two prohibited sale types?
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Abu Kurayb and al-Abbas ibn Abd al-Azim al-Anbari narrated to us. They said: al-Aswad ibn Amir narrated to us; Ayyub ibn Utbah narrated to us, from Yahya ibn Abi Kathir, from Ata, from Ibn Abbas, who said: The Messenger of Allah (peace and blessings be upon him) forbade gharar sales (transactions involving excessive uncertainty).
Notes and open questions — unreviewed
قَالَ نَهَى رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ عَنْ بَيْعِ الْغَرَرِ .
Gharar is a technical term referring to uncertainty or risk in a transaction; no specific example is supplied here.
Does the concise gloss express gharar without introducing examples absent from the report?
Chapter 24
النَّهْىِ عَنْ شِرَاءِ، مَا فِي بُطُونِ الأَنْعَامِ وَضُرُوعِهَا وَضَرْبَةِ الْغَائِصِ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Hisham ibn Ammar narrated to us; Hatim ibn Ismail narrated to us; Jahdam ibn Abd Allah al-Yamami narrated to us, from Muhammad ibn Ibrahim al-Bahili, from Muhammad ibn Zayd al-Abdi, from Shahr ibn Hawshab, from Abu Said al-Khudri, who said: The Messenger of Allah (peace and blessings be upon him) forbade buying what is in the wombs of livestock until they give birth, and what is in their udders except by measure; buying an absconded enslaved person; buying spoils before they are divided; buying alms before they are received; and the diver’s one-dive catch.
Notes and open questions — unreviewed
قَالَ نَهَى رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ عَنْ شِرَاءِ مَا فِي بُطُونِ الأَنْعَامِ حَتَّى تَضَعَ وَعَمَّا فِي ضُرُوعِهَا إِلاَّ بِكَيْلٍ وَعَنْ شِرَاءِ الْعَبْدِ وَهُوَ آبِقٌ وَعَنْ شِرَاءِ الْمَغَانِمِ حَتَّى تُقْسَمَ وَعَنْ شِرَاءِ الصَّدَقَاتِ حَتَّى تُقْبَضَ وَعَنْ ضَرْبَةِ الْغَائِصِ .
The list includes several specialized transactions; ضربَة الغائص refers to a sale tied to what a diver brings up in one dive, though its exact contractual form may vary.
Does “the diver’s one-dive catch” convey the transaction without implying a specific species or guaranteed result?
قَالَ نَهَى رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ عَنْ شِرَاءِ مَا فِي بُطُونِ الأَنْعَامِ حَتَّى تَضَعَ وَعَمَّا فِي ضُرُوعِهَا إِلاَّ بِكَيْلٍ وَعَنْ شِرَاءِ الْعَبْدِ وَهُوَ آبِقٌ وَعَنْ شِرَاءِ الْمَغَانِمِ حَتَّى تُقْسَمَ وَعَنْ شِرَاءِ الصَّدَقَاتِ حَتَّى تُقْبَضَ وَعَنْ ضَرْبَةِ الْغَائِصِ .
The phrase concerning what is in the udders allows an exception “by measure”; the text does not elaborate on how that measurement is made.
Does “what is in their udders except by measure” retain the qualification accurately?