Muzaabanah (Ahadith 1875 – 1876)

Bismillah.

Ahadith 1859 & 1860 (below) are repeats. Read the post here.

Volume 3, Book 34, Number 364 :
Narrated by ‘Aisha (radiallaahu `anhaa)
Allah’s Apostle (sallallaahu `alayhi wasallam) came to me and I told him about the slave-girl (Buraira) Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Buy and manumit her, for the Wala is for the one who manumits.” In the evening the Prophet (sallallaahu `alayhi wasallam) got up and glorified Allah as He deserved and then said, “Why do some people impose conditions which are not present in Allah’s Book (Laws)? Whoever imposes such a condition as is not in Allah’s Laws, then that condition is invalid even if he imposes one hundred conditions, for Allah’s conditions are more binding and reliable.”

Volume 3, Book 34, Number 365 :
Narrated by Abdullah bin Umar (radiallaahu `anhu)
Aisha (radiallaahu `anhaa) wanted to buy Buraira and he (the Prophet (sallallaahu `alayhi wasallam)) went out for the prayer. When he returned, she told him that they (her masters) refused to sell her except on the condition that her Wala’ would go to them. The Prophet (sallallaahu `alayhi wasallam) replied, ‘The Wala’ would go to him who manumits.’ ” Hammam asked Nafi’ whether her (Buraira’s) husband was a free man or a slave. He replied that he did not know.

Hadith no. 1861 (below) is also a repeat. Read it here.

Volume 3, Book 34, Number 366 :
Narrated by Jarir (radiallaahu `anhu)
I have given a pledge of allegiance to Allah’s Apostle (sallallaahu `alayhi wasallam) for: to testify that None has the right to be worshipped but Allah, and Muhammad is His Apostle, to offer prayers perfectly, to pay Zakat, to listen to and obey (Allah’s and His Prophet’s orders), and to give good advice to every Muslim.

Ahadith 1862 – 1874 (below) are also repeats.

Volume 3, Book 34, Number 367 :
Narrated by Tawus
Ibn ‘Abbas (radiallaahu `anhu) said, “Allah’s Apostle (sallallaahu `alayhi wasallam) 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 ‘Abbas (radiallaahu `anhu), ‘What does he mean by not selling the goods of a desert dweller by a town dweller?’ He said, ‘He should not become his broker.’ “

Volume 3, Book 34, Number 368 :
Narrated by ‘Abdullah bin Umar (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) forbade the selling of the goods of a desert dweller by a town person.

Volume 3, Book 34, Number 369 :
Narrated by Abu Huraira (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “A buyer should not urge a seller to restore a purchase so as to buy it himself, and do not practice Najsh; and a town dweller should not sell goods of a desert dweller.”

Volume 3, Book 34, Number 370 :
Narrated by Anas bin Malik (radiallaahu `anhu)
We were forbidden that a town dweller should sell goods of a desert dweller.

Volume 3, Book 34, Number 371 :
Narrated by Abu Huraira (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) forbade the meeting (of caravans) on the way and the selling of goods by an inhabitant of the town on behalf of a desert dweller.

Volume 3, Book 34, Number 372 :
Narrated by Tawus
I asked Ibn ‘Abbas (radiallaahu `anhu), “What is the meaning of, ‘No town dweller should sell (or buy) for a desert dweller’?” Ibn ‘Abbas said, “It means he should not become his broker.”

Volume 3, Book 34, Number 373 :
Narrated by Abdullah (radiallaahu `anhu)
Whoever buys an animal which has been kept unmilked for a long time, could return it, but has to pay a Sa of dates along with it. And the Prophet (sallallaahu `alayhi wasallam) forbade meeting the owners of goods on the way away from the market.

Volume 3, Book 34, Number 374 :
Narrated by ‘Abdullah bin Umar (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “You should not try to cancel the purchases of one another (to get a benefit thereof), and do not go ahead to meet the caravan (for buying the goods) (but wait) till it reaches the market.”

Volume 3, Book 34, Number 375 :
Narrated by ‘Abdullah (radiallaahu `anhu)
We used to go ahead to meet the caravan and used to buy foodstuff from them. The Prophet (sallallaahu `alayhi wasallam) forbade us to sell it till it was carried to the market.

Volume 3, Book 34, Number 376 :
Narrated by ‘Abdullah (radiallaahu `anhu)
Some people used to buy foodstuff at the head of the market and used to sell it on the spot. Allah’s Apostle (sallallaahu `alayhi wasallam) forbade them to sell it till they brought it to (their) places.

Volume 3, Book 34, Number 377 :
Narrated by ‘Urwa
Aisha (radiallaahu `anhaa) said, “Buraira came to me and said, ‘I have agreed with my masters to pay them nine Uqiyas (of gold) (in installments) one Uqiya per year; please help me.’ I said, ‘I am ready to pay the whole amount now provided your masters agree that your Wala will be for me.’ So, Buraira went to her masters and told them about that offer but they refused to accept it. She returned, and at that time, Allah’s Apostle (sallallaahu `alayhi wasallam) was sitting (present). Buraira said, ‘I told them of the offer but they did not accept it and insisted on having the Wala.’.’ The Prophet (sallallaahu `alayhi wasallam) heard that.” ‘Aisha (radiallaahu `anhaa) narrated the whole story to the Prophet (sallallaahu `alayhi wasallam). He said to her, “Buy her and stipulate that her Wala’ would be yours as the Wala’ is for the manumitted.” ‘Aisha (radiallaahu `anhaa) did so. Then Allah’s Apostle (sallallaahu `alayhi wasallam) stood up in front of the people, and after glorifying Allah he said, “Amma Badu (i.e. then after)! What about the people who impose conditions which are not in Allah’s Book (Laws)? Any condition that is not in Allah’s Book (Laws) is invalid even if they were one hundred conditions, for Allah’s decisions are the right ones and His conditions are the strong ones (firmer) and the Wala’ will be for the manumitted.”

Volume 3, Book 34, Number 378 :
Narrated by ‘Abdullah bin ‘Umar (radiallaahu `anhu)
Aisha, (mother of the faithful believers) wanted to buy a slave girl and manumit her, but her masters said that they would sell her only on the condition that her Wala’ would be for them. ‘Aisha told Allah’s Apostle (sallallaahu `alayhi wasallam) of that. He said, “What they stipulate should not hinder you from buying her, as the Wala’ is for the manumitted.”

Volume 3, Book 34, Number 379 :
Narrated by Ibn ‘Umar (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) said, “The selling of wheat for wheat is Riba (usury) except if it is handed from hand to hand and equal in amount. Similarly the selling of barley for barley, is Riba except if it is from hand to hand and equal in amount, and dates for dates is usury except if it is from hand to hand and equal in amount.

Muzaabanah:

Volume 3, Book 34, Number 380 :
Narrated by Ibn ‘Umar (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) forbade Muzabana; and Muzabana is the selling of fresh dates for dried old dates by measure, and the selling of fresh grapes for dried grapes by measure.

Volume 3, Book 34, Number 381 :
Narrated by Ibn ‘Umar (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) forbade Muzabana; and Muzabana is the selling of fresh fruit (without measuring it) for something by measure on the basis that if that thing turns out to be more than the fruit, the increase would be for the seller of the fruit, and if it turns to be less, that would be of his lot. Narrated Ibn ‘Umar from Zaid bin Thabit that the Prophet (sallallaahu `alayhi wasallam) allowed the selling of the fruits on the trees after estimation (when they are ripe).

The basic principle is to not sell something unmeasured/uncounted/not-weighed for something measured/counted/weighed. Because this is unfair and unjust. One party enjoys profit and the other suffers from loss in any case.

Also, exchange of goods must always take place when they’re of the same kind and equal in quantity. Fresh fruit fro dried fruit is not permissible. We learnt this back in Exchanging Goods.

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Selling the Sinful Slave Girl (Ahadith 1857 – 1858)

Bismillah.

Ahadith 1855 & 1856 are repeats. They’re a summary of most of the things we’ve learnt in the Book of Sales and Trade that are prohibited.

Volume 3, Book 34, Number 360 :
Narrated by Abu Huraira (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) 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 Sa of dates or keeping it. it has been kept unmilked for a long period by the seller (to deceive others).

Volume 3, Book 34, Number 361 :
Narrated by Abu Huraira (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Whoever buys a sheep which has been kept unmilked for a long period, and milks it, can keep it if he is satisfied, and if he is not satisfied, he can return it, but he should pay one Sa of dates for the milk.”

Today’s Ahadith:

Volume 3, Book 34, Number 362 :
Narrated by Abu Huraira (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) said, “If a slave-girl commits illegal sexual intercourse and it is proved beyond doubt, then her owner should lash her and should not blame her after the legal punishment. And then if she repeats the illegal sexual intercourse he should lash her again and should not blame her after the legal punishment, and if she commits it a third time, then he should sell her even for a hair rope.”

Volume 3, Book 34, Number 363 :
Narrated by Abu Huraira and Zaid bin Khalid (radiallaahu `anhumaa)
Allah’s Apostle (sallallaahu `alayhi wasallam) was asked about the slave-girl, if she was a virgin and committed illegal sexual intercourse. The Prophet (sallallaahu `alayhi wasallam) said, “If she committed illegal sexual intercourse, lash her, and if she did it a second time, then lash her again, and if she repeated the third time, then sell her even for a hair rope.” Ibn Shihab said, “I don’t know whether to sell her after the third or fourth offense.”

This is for an unmarried, virgin slave girl. The punishment for a married slave girl is mentioned in Surah an-Nisa: 25.

Punishment is only prescribed when the crime is proved beyond doubt. Lashes for the first two times and selling off for even the lowest price the third time around without lashes. Why? Because if lashes don’t do her any good, changing her master and surroundings just might.