Daily Archives: March 7, 2014

Returning an Animal (Ahadith 1853 – 1854)

Bismillah.

Ahadith 1849 -1852 are repeats. Read them here and here.

Volume 3, Book 34, Number 354 :
Narrated by Abu Said (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) forbade the selling by Munabadha, 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 Mulamasa. Mulamasa is to buy a garment, for example, by merely touching it, not looking at it.

Volume 3, Book 34, Number 355 :
Narrated by Abu Huraira (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) forbade two kinds of dressing; (one of them) is to sit with one’s legs drawn up while wrapped in one garment. (The other) is to lift that garment on one’s shoulders. And also forbade two kinds of sale: Al-Limas and An-Nibadh.

Volume 3, Book 34, Number 356 :
Narrated by Abu Huraira (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) forbade selling by Mulamasa and Munabadha.

Volume 3, Book 34, Number 357 :
Narrated by Abu Said (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) forbade two kinds of dresses and two kinds of sale, i.e., Mulamasa and Munabadha.

Today’s Hadith:

Volume 3, Book 34, Number 358 :
Narrated by Abu Huraira (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) said, “Don’t keep camels and sheep unmilked for a long time, for whoever buys such an animal has the option to milk it and then either to keep it or return it to the owner along with one Sa of dates.” Some narrated from Ibn Sirin (that the Prophet (sallallaahu `alayhi wasallam) had said), “One Sa of wheat, and he has the option for three days.” And some narrated from Ibn Sirin, ” … a Sa of dates,” not mentioning the option for three days. But a Sa of dates is mentioned in most narrations.

Volume 3, Book 34, Number 359 :
Narrated by ‘Abdullah bin Mas’ud (radiallaahu `anhu)
Whoever buys a sheep which has not been milked for a long time, has the option of returning it along with one Sa of dates; and the Prophet (sallallaahu `alayhi wasallam) forbade going to meet the seller on the way (as he has no knowledge of the market price and he may sell his goods at a low price).

You buy an animal (camel/sheep), you milk it, you find some flaw in it or don’t want to keep it for some reason, you still have the option to return it to the seller. Accompany it with a Sa` of dates/wheat and you’re good to go.

If you own an animal (camel/sheep etc.), don’t leave it un-milked for too long so it’s uncomfortable or unhealthy for the animal.

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Selling the Non-Existent (Hadith No. 1848)

Bismillah.

Hadith no. 1847 (below) is a repeat. Read it here.

Volume 3, Book 34, Number 352 :
Narrated by Ibn ‘Umar (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) forbade Najsh.

Today’s Hadith:

Volume 3, Book 34, Number 353 :
Narrated by ‘Abdullah bin ‘Umar (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) forbade the sale called ‘Habal-al-Habala which was a kind of sale practiced in the Pre-lslamic Period of ignorance. One would pay the price of a she-camel which was not born yet would be born by the immediate offspring of an extant she-camel.

Habal al-Habalah (حَبَلِ الْحَبَلَةِ): A type of prohibited sale that was prevalent in pre-Islamic Arabia where the fetus of a camel was sold while it was still in the womb of the she-camel. Some fuqaha defined this sale as a spot sale of a camel’s fetus, while others defined it as a deferred sale whereby the price would be paid at the time a she-camel gives birth to the fetus, subject-matter of the contract. In both cases, this sale is forbidden because, according to the first definition, it amounts to the sale of a non-existent, unknown, and non-deliverable object (which is also not owned or possessed by the seller), while, according to the second definition, it is a sale in which the price payment is deferred to an unspecified or unknown date, with deferment being accounted for in the price.

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