Ba’i Araaya and Muhaaqalah (Ahadith 1884 – 1892)

Bismillah.

Ahadith 1877 – 1883 are repeats.

Volume 3, Book 34, Number 382 :
Narrated by Ibn Shihab
That Malik bin Aus said, “I was in need of change for one-hundred Dinars. Talha bin ‘Ubaid-Ullah (radiallaahu `anhu) called me and we discussed the matter, and he agreed to change (my Dinars). He took the gold pieces in his hands and fidgeted with them, and then said, “Wait till my storekeeper comes from the forest.” ‘Umar (radiallaahu `anhu) was listening to that and said, “By Allah! You should not separate from Talha till you get the money from him, for Allah’s Apostle (sallallaahu `alayhi wasallam) said, ‘The selling of gold for gold is Riba (usury) except if the exchange is from hand to hand and equal in amount, and similarly, the selling of wheat for wheat is Riba (usury) unless it is from hand to hand and equal in amount, and the selling of barley for barley is usury unless it is from hand to hand and equal in amount, and dates for dates, is usury unless it is from hand to hand and equal in amount.”

Volume 3, Book 34, Number 383 :
Narrated by Abu Bakra (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Don’t sell gold for gold unless equal in weight, nor silver for silver unless equal in weight, but you could sell gold for silver or silver for gold as you like.”

Volume 3, Book 34, Number 384 :
Narrated by Abu Said (radiallaahu `anhu)
(Concerning exchange) that he heard Allah’s Apostle (sallallaahu `alayhi wasallam) saying, “Do not sell gold for gold unless equal in weight, and do not sell silver unless equal in weight.”

Volume 3, Book 34, Number 385 :
Narrated by Abu Said Al-Khudri (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Do not sell gold for gold unless equivalent in weight, and do not sell less amount for greater amount or vice versa; and do not sell silver for silver unless equivalent in weight, and do not sell less amount for greater amount or vice versa and do not sell gold or silver that is not present at the moment of exchange for gold or silver that is present.

Volume 3, Book 34, Number 386 :
Narrated by Abu Salih Az-Zaiyat
I heard Abu Said Al-Khudri (radiallaahu `anhu) saying, “The selling of a Dinar for a Dinar, and a Dirham for a Dirham (is permissible).” I said to him, “Ibn ‘Abbas (radiallaahu `anhu) does not say the same.” Abu Said (radiallaahu `anhu) replied, “I asked Ibn ‘Abbas (radiallaahu `anhu) whether he had heard it from the Prophet (sallallaahu `alayhi wasallam) or seen it in the Holy Book. Ibn ‘Abbas (radiallaahu `anhu) replied, “I do not claim that, and you know Allah’s Apostle (sallallaahu `alayhi wasallam) better than I, but Usama (radiallaahu `anhu) informed me that the Prophet (sallallaahu `alayhi wasallam) had said, ‘There is no Riba (in money exchange) except when it is not done from hand to hand (i.e. when there is delay in payment).’ “

Volume 3, Book 34, Number 387 :
Narrated by Abu Al-Minhal
I asked Al-Bara’ bin ‘Azib (radiallaahu `anhu) and Zaid bin Arqam (radiallaahu `anhu) about money exchanges. Each of them said, “This is better than I,” and both of them said, “Allah’s Apostle (sallallaahu `alayhi wasallam) forbade the selling of silver for gold on credit.”

Volume 3, Book 34, Number 388 :
Narrated by Abdur-Rahman bin Abu Bakra
That his father said, “The Prophet (sallallaahu `alayhi wasallam) forbade the selling of gold for gold and silver for silver except if they are equivalent in weight, and allowed us to sell gold for silver and vice versa as we wished.”

Today’s Ahadith:

Volume 3, Book 34, Number 389 :
Narrated by ‘Abdullah bin ‘Umar (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Do not sell fruits of dates until they become free from all the dangers of being spoilt or blighted; and do not sell fresh dates for dry dates.” Narrated Salim and ‘Abdullah from Zaid bin Thabit (radiallaahu `anhu), “Later on Allah’s Apostle (sallallaahu `alayhi wasallam) permitted the selling of ripe fruits on trees for fresh dates or dried dates in Bai’-l-‘Araya, and did not allow it for any other kind of sale.”

Volume 3, Book 34, Number 390 :
Narrated by ‘Abdullah bin ‘Umar (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) forbade Muzabana; and Muzabana means the selling of fresh dates (on the trees) for dried dates by measure and also the selling of fresh grapes for dried grapes by measure.

Volume 3, Book 34, Number 391 :
Narrated by Abu Sa’id Al-Khudri (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) forbade Muzabana and Muhaqala; and Muzabana means the selling of ripe dates for dates still on the trees.

Volume 3, Book 34, Number 392 :
Narrated by Ibn ‘Abbas (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) forbade Muzabana and Muhaqala.

Volume 3, Book 34, Number 393 :
Narrated by Zaid bin Thabit (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) allowed the owner of ‘Araya to sell the fruits on the trees by means of estimation.

Volume 3, Book 34, Number 394 :
Narrated by Jabir (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) forbade the selling of fruits unless they get ripe, and none of them should be sold except for Dinar or Dirham (i.e. money), except the ‘Araya trees (the dates of which could be sold for dates).

Volume 3, Book 34, Number 395 :
Narrated by Abu Huraira (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) allowed the sale of the dates of ‘Araya provided they were about five Awsuq (singular: Wasaq which means sixty Sa’s) or less (in amount).

Volume 3, Book 34, Number 396 :
Narrated by Sahl bin Abu Hathma (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) forbade the selling of fruits (fresh dates) for dried dates but allowed the sale of fruits on the ‘Araya by estimation and their new owners might eat their dates fresh. Sufyan (in another narration) said, “I told Yahya (a sub-narrator) when I was a mere boy, ‘Meccans say that the Prophet (sallallaahu `alayhi wasallam) allowed them the sale of the fruits on ‘Araya by estimation.’ Yahya asked, ‘How do the Meccans know about it?’ I replied, ‘They narrated it (from the Prophet (sallallaahu `alayhi wasallam)) through Jabir.’ On that, Yahya kept quiet.” Sufyan said, “I meant that Jabir belonged to Medina.” Sufyan was asked whether in Jabir’s narration there was any prohibition of selling fruits before their benefit is evident (i.e. no dangers of being spoilt or blighted). He replied that there was none.

Volume 3, Book 34, Number 397 :
Narrated by Ibn ‘Umar (radiallaahu `anhu) from Zaid bin Thabit (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) allowed the sale of ‘Araya by estimating the dates on them for measured amounts of dried dates. Musa bin ‘Uqba said, “Al- ‘Araya were distinguished date palms; one could come and buy them (i.e. their fruits).”

We learnt in the previous post that Muzaabanah (selling estimated fresh fruit on date palms for measured dry fruit) is not permissible. But in case of necessity, Ba’i Araaya is allowed: a date palm orchard owner gives a tree to a needy person so he can use its fruit to fulfill his needs. Then the owner dislikes the needy person coming to his garden too often so he wants to compensate for him. He decides to estimate the fruit on that tree when it’s fully ripe and gives the needy person dry fruit in the same measure in exchange. This is permissible in this form only. All other kinds of estimated fruit selling for dry fruits are impermissible.

Muhaaqalah:

A type of sale (ba’i) in which grains in ears are sold for dry (processed) grain. For example, this sale could involve the exchange of five tons of processed grain for the produce of one hectare of wheat-planted land (usually, one hectare yields 7-8 tons of “unprocessed” wheat). Muhaqalah may also refer to a transaction whereby a landowner lets his land on lease to one who pays ujrah (rental) in the form of its produce of wheat.

Whether it comes in the guise of sale or lease, muhaqalah is impermissible from a shari’a point of view, due to the potentiality of riba, i.e., the exchange of two unequal amounts of a ribawi item (wheat or barley), and also because of the element of uncertainly as to the countervalues exchanged.

Muhaqalah is an Arabic term that is derived from haql (field), implying a transaction which is based on raw produce (before or as it is harvested from a field in its unprocessed state).

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About Yumna

Bukhari Blogger | Student and teacher of the Qur'an | Studying BAIS from IOU.

Posted on March 16, 2014, in iLook and tagged , , , , , , , , , , , , , , , , , , , , , , , , . Bookmark the permalink. 2 Comments.

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