Episode 39: Hadeeths That are Related to Trade Transactions (14)

Details: Published: 01 January 2017; Hits: 15936

In the previous episode, we have discussed the Hadeeth narrated by Abu Sa‘eed Al-Khudri, may Allaah be pleased with him, that the Messenger of Allaah, peace and blessing be upon him, forbade the selling by Munaabathah, i.e. to sell one's garment by casting it to the buyer not allowing him to examine or see it. Similarly he forbade the selling by Mulaamasah. Mulaamasah is to buy a garment, for example, by merely touching it, not looking at it. [Reported by Al-Bukhaari and Muslim].

We come to know the ruling that this noble Hadeeth includes related to selling and buying especially some of their prohibited matters.

In this episode, we will touch upon the Hadeeth narrated on the authority of Abu Hurairah, may Allaah be pleased with him, that the Messenger of Allaah, peace and blessing be upon him, 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 Saa‘ of dates or keeping it.” [Reported by Al-Bukhaari and Muslim].

In another variant wording: “…and he has the option for three days.”

Moreover, Tawoos, may Allaah be pleased with him, narrated that ‘Abdullaah ibn ‘Abbaas, may Allaah be pleased with them, said: “The Messenger of Allaah, peace and blessing be upon him, 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 ‘Abbaas, may Allaah be pleased with them, ‘What does he, peace and blessing be upon him, mean by not selling the goods of a desert dweller by a town dweller?' He, may Allaah be pleased with him, said, ‘He should not become his broker.”’ [Reported by Al-Bukhaari and Muslim].

Such two Hadeeths are of great importance in pointing out some of the rulings of selling and buying and we will explain them in the following points:

Firstly, there is another narration for this Hadeeth reported by Imam Muslim, may Allaah have mercy upon him, in which the Messenger of Allaah, peace and blessing be upon him, forbade the (people) meeting the caravan (for entering into business transaction with them), and the selling of goods by a townsman on behalf of a man of the desert, and seeking by a woman the divorce of her sister (from her husband), and outbidding (against one another), and tying up the udders (of animals), and buying of (things) in opposition to one's brother.”

Secondly, the Prophet, peace and blessing be upon him, said in the Hadeeth: “Do not meet the caravan (for entering into business transaction with them),..” refers to those who come from a journey and bring goods to sell. This ruling applies to those who are riding and walking alike as it was indicated in another narration in which the Prophet, peace and blessing be upon him, forbad meeting the merchandise (in the way). As we observe, this narration does not differentiate between the riders and others.

He, peace and blessing be upon him, also said: “…And do not urge buyers to cancel their purchases to sell them (your own goods) yourselves,…” such as one says to the one who are in the session of option I will give you better than this commodity or I will sell it to you for a cheaper price if he is a buyer. Here is another example, that one cancels the deal of someone else by saying to the seller I will buy it from you for a greater price to cancel the deal of the first buyer.

He, peace and blessing be upon him, said: “…and do not practice Najsh…”

In Arabic the word Najsh means provoking, and is also used to refer to the action of prodding a bird to enter a trap.

According to Sharee‘ah terminology, An-Najsh means raising the price of the commodity by the one who does not want to buy it for the interest of the seller to be benefited from raising the price or causing harm to the buyer by insisting on a certain price for his commodity, which costs much less than this.

His saying: “…and do not tie up the udders (of animals)…” referring to unmilking the animals so that they may have big udders. What is prohibited is to make this to deceive the buyer by their much milk. Ash-Shaaf‘i, may Allaah have mercy upon him, said: “It is to tie the udders of camel or sheep and unmilk it until it has much milk and thus the buyer believes that this is its nature and thus pay much in its price for the much milk he sees.”

It was stated in the other narration: “…and seeking by a woman the divorce of her sister (from her husband)…” An-Nawawi, may Allaah have mercy upon him, said: “The meaning of this Hadeeth is that it is not permitted for a non-Mahram woman to ask a man to divorce his wife to marry her so that she becomes the only one on whom he spends, whom treats kindly, has intercourse with, and all other he used to give to the divorced one.” He then added, what is meat by ‘her sister’ is any other woman whether she is her sister by lineage, breastfeeding, or holds the same religion. This also applies to the non Muslim woman because what is meant is what most likely or because she her sister in humanity.

Ibn ‘Abd Al-Barr, may Allaah have mercy upon him, said that sister here refers to the fellow wife.

He, peace and blessing be upon him, said in the Hadeeth: “…A town dweller should not sell the goods for the desert dweller…”

This refers to the one who comes to sell his commodity according to its current price, whether he is a town or desert dweller, then the town dweller sells for him his commodity with the highest price, which costs much less than this even it is with its owner. As for the broker meant here, he is the one who buys and sells for the behalf of someone else.

It was stated in the narration reported by An-Nasaa’i: “…a Muhaajhir selling for a Bedouin…” This means that it is prohibited for the town dweller to trade on the behalf of the desert dweller; however, he, peace and blessing be upon him, singled out the Muhaajir due to the time they lived in because Al-Ansaar were farmers and the immigrant were traders.

It was also stated in the Hadeeth: “…Do not leave sheep unmilked for a long time,…”

He, peace and blessing be upon him, also said: “…and buying of (things) in opposition to one's brother.”

This occurs when the owner of the commodity agreed with the buyer on the sale while they have not concluded the contact yet, then another one comes to the seller and says to him: I will buy it from you. This is actually something prohibited after agreeing on a certain price. As for the commodity that is sold for the one who give the highest price, it is not something prohibited as it will be explained in great detail, Allaah Willing.

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