Business Transactions
كتاب البيوع
Chapter 6: Conditional Bargains* - Section 1
Ibn 'Umar reported God's Messenger as saying, "Both parties in a business transaction have a right to annul it so long as they have not separated, except in transactions which have been made subject to the right of the parties to annul them.” The version by Bukhari and Muslim has "or one of them tells the other to exercise his right” instead of "or exercise the right.”(Bukhari and Muslim.)A version by Muslim says, "Both parties in a business transaction have a right to annul the bargain so long as they have not separated, or when their bargain has attached to it the right to annul it, for when such a condition has been made it remains valid.” A version by Tirmidhi says, "The two parties in a business transaction have a right to annul it so long as they have not separated, or exercise the right.”
Hakim b. Hizam reported God’s Messenger as saying, "Both parties in a business transaction have a right to annul it so long as they have not separated ; and if they tell the truth and make everything clear they will be blessed in their transaction, but if they conceal anything and lie the blessing on their transaction will be blotted out.” (Bukhari and Muslim.)
Ibn ‘Umar said that a man told the Prophet that he was being deceived in business transactions, and he replied, "When you make a bargain say, 'There is no attempt to deceive'*.” Then the man made a habit of saying that. (Bukhari and Muslim.)* He was to say this to protect himself because he was not expert enough to detect defects in what he was buying. Some hold that one who says this has the right to cancel the transaction if any defect is discovered within three days. Some say this applied only to the man who spoke to the Prophet; others say it applies to anyone.
Chapter 7: Conditional Bargains - Section 2
'Amr b. Shu'aib, on his father's authority, said that his grandfather reported God’s Messenger as saying, “Both parties in a business transaction have a right to annul it so long as they have not separated unless it is a bargain with the right to annul it attached to it; and one has not the right to separate from the other for fear that he may demand that the bargain be rescinded.” Tirmidhi, Abu Dawud and Nasa’i transmitted it.
Abu Huraira reported the Prophet as saying, “Two people must separate only by mutual consent.” Abu Dawud transmitted it.
Chapter 8: Conditional Bargains - Section 3
Jabir told that God’s Messenger gave a desert Arab the right to rescind a bargain after having made it. Tirmidhi transmitted it, saying this is a hasan sahih gharib tradition.
Chapter 9: Usury - Section 1
Jabir said that God's Messenger cursed the one who accepted usury, the one who paid it, the one who recorded it, and the two witnesses to it, saying they were all alike. Muslim transmitted it.
‘Ubada b. as-Samit reported God's Messenger as saying, "Gold is to be paid for by gold, silver by silver, wheat by wheat, barley by barley, dates by dates, and salt by salt, like for like and equal for equal, payment being made on the spot. If these classes differ, sell as you wish if payment is made on the spot.” Muslim transmitted it.
Abu Sa'id al-Khudri reported God’s Messenger as saying, "Gold is to be paid for by gold, silver by silver, wheat by wheat, barley by barley, dates by dates, and salt by salt, like for like, payment being made on the spot. If anyone gives more or asks more he has dealt in usury. The receiver and the giver are equally guilty.” Muslim transmitted it.
He reported God’s Messenger as saying, "Do not sell gold for gold unless it is like for like, and do not make one amount greater than the other; do not sell silver for silver unless it is like for like, and do not make one amount greater than the other; and do not sell for ready money something to be given later*.” A version has, "Do not sell gold for gold or silver for silver unless both are of equal weight.”(Bukhari and Muslim.)* Payment is not to be made till the goods are received.
Ma'mar b. Abdallah told that he used to hear God’s Messenger say, "Food for food, like for like.” Muslim transmitted it.
‘Umar reported God's Messenger as saying, "Gold for gold is usury unless both hand over on the spot*; silver for silver is usury unless both hand over on the spot; wheat for wheat is usury unless both hand over on the spot; barley for barley is usury unless both hand over on the spot; dates for dates is usury unless both hand over on the spot." (Bukhari and Muslim.)*"the Arabic is ha’ waha’ meaning literally "take and take”.
Abu Sa'id and Abu Huraira told that God’s Messenger appointed a man over Khaibar and he brought him dates of a very fine quality. He asked him whether all the dates of Khaibar were like that, and he replied, “I swear by God that they are certainly not, Messenger of God. We take a sa‘ of this kind for two, and two for three." So he said, "Do not do so. Sell the lot for dirhams, then buy the very fine dates for dirhams." He said that it was the same when things were sold by weight. (Bukhari and Muslim.)
Abu Sa'id said that Bilal brought the Prophet some barni* dates, and when he asked him where he had got them he replied, "I had some inferior dates, so I sold two sa's of them for a sa." He said, "Ah, the very essence of usury, the very essence of usury. Do not do so, but when you wish to buy, sell the dates in a separate transaction, then buy with what you get." (Bukhari and Muslim.)* A type of dates of the best quality, sweet and luscious, red tinged with yellow.
Jabir told that a slave came and swore allegiance to the Prophet promising to emigrate, but he did not know that he was a slave. When his master came in search of him the Prophet said to him, ‘Sell him to me," and he bought him for two black slaves. Afterwards he never took an oath of allegiance from anyone without asking him whether he was a slave or free. Muslim transmitted it.
He said that God’s Messenger forbade selling a quantity of dates whose measure was unknown for a specific quantity of dates. Muslim transmitted it.
Fadala b. 'Ubaid* said that at the battle for Khaibar he had bought a necklace in which there were gold and gems for twelve dinars, and after considering them separately he found that it was worth more than twelve dinars, so he mentioned that to the Prophet who said, "It must not be sold till the contents are considered separately." Muslim transmitted it.* The Damascus edition, iii, 308 and Mirqat, iii, 311 wrongly give Abu 'Ubaid, but in the commentary Mirqat gives the name correctly as Fadala b. 'Ubaid.
Chapter 10: Usury - Section 2
Abu Huraira reported God's Messenger as saying, “A time is certainly coming to mankind when only the receiver of usury will remain, and if he does not receive it some of its vapour (or alternatively, its dust) will reach him.” Ahmad, Abu Dawud, Nasa'i and Ibn Majah transmitted it.
‘Ubada b. as-Samit reported God’s Messenger as saying, “Do not sell gold for gold, or silver for silver, or wheat for wheat, or barley for barley, or dates for dates, or salt for salt except equal for equal, kind for kind, payment being made on the spot; but sell gold for silver, silver for gold, wheat for barely, barley for wheat, dates for salt and salt for dates, payment being made on the spot, as you wish.” Shafi'i transmitted it.
Sa'd b. Abu Waqqas said he heard God's Messenger being asked about buying dry dates for fresh and asking whether the fresh dates were diminished when they became dry. On being told that they were, he forbade that.Malik, Tirmidhi, Abu Dawud, Nasa’i and Ibn Majah transmitted it.