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Advance Payment for Fruit on Trees (Ahadith 1945 – 1947)
Bismillah.
Volume 3, Book 35, Number 450 :
Narrated by Abu Bakhtari At-Tai
I asked Ibn ‘Abbas (radiallaahu `anhu) about Salam for (the fruits of) date-palms. He replied “The Prophet (sallallaahu `alayhi wasallam) forbade the sale a dates on the trees till they became fit for eating and could be weighed.” A man asked what to be weighed (as the dates were still on the trees). Another man sitting beside Ibn ‘Abbas (radiallaahu `anhu) replied, “Till they are cut and stored.” Narrated Abu Al-Bakhtari: I heard Ibn Abbas (radiallaahu `anhu) (saying) that the Prophet (sallallaahu `alayhi wasallam) forbade … etc. as above.
Volume 3, Book 35, Number 451 :
Narrated by Abu Al-Bakhtari
I asked Ibn Umar (radiallaahu `anhu) about Salam (the fruits of) date-palms. He replied, “The Prophet (sallallaahu `alayhi wasallam) forbade the sale of dates till their benefit becomes evident and fit for eating and also the sale of silver (for gold) on credit.” I asked Ibn ‘Abbas (radiallaahu `anhu) about Salam for dates and he replied, “The Prophet (sallallaahu `alayhi wasallam) forbade the sale of dates till they were fit for eating and could be estimated.”
Volume 3, Book 35, Number 452 :
Narrated by Abu Al-Bakhtari
I asked Ibn ‘Umar (radiallaahu `anhu) about Salam for dates. Ibn ‘Umar (radiallaahu `anhu) replied, “The Prophet (sallallaahu `alayhi wasallam) forbade the sale (the fruits) of datepalms until they were fit for eating and also forbade the sale of silver for gold on credit.” I also asked Ibn ‘Abbas (radiallaahu `anhu) about it. Ibn ‘Abbas (radiallaahu `anhu) replied, “The Prophet (sallallaahu `alayhi wasallam) forbade the sale of dates till they were fit for eating, and could be weighed.” I asked him, “What is to be weighed (as the dates are on the trees)?” A man sitting by Ibn ‘Abbas (radiallaahu `anhu) said, “It means till they are cut and stored.”
As described in the above ahadith, one should not make any advance payments for fruits that are still on trees and cannot be weighed/measured.
Paying in Advance (Ahadith 1936 – 1944)
Bismillah.
Ahadith no. 1930-1931 (below) are repeats. Read the post here.
Volume 3, Book 34, Number 435 :
Narrated by Zaid bin Khalid and Abu Huraira (radiallaahu `anhumaa)
That Allah’s Apostle (sallallaahu `alayhi wasallam) was asked about an unmarried slave-girl who committed illegal sexual intercourse. They heard him saying, “Flog her, and if she commits illegal sexual intercourse after that, flog her again, and on the third (or the fourth) offense, sell her.”
Volume 3, Book 34, Number 436 :
Narrated by Abu Huraira (radiallaahu `anhu)
I heard the Prophet (sallallaahu `alayhi wasallam) saying, “If a slave-girl of yours commits illegal sexual intercourse and her illegal sexual intercourse is proved, she should be lashed, and after that nobody should blame her, and if she commits illegal sexual intercourse the second time, she should be lashed and nobody should blame her after that, and if she does the offense for the third time and her illegal sexual intercourse is proved, she should be sold even for a hair rope.”
Hadith no. 1932 (below) is also a repeat. Read it here.
Volume 3, Book 34, Number 437 :
Narrated by Anas bin Malik (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) came to Khaibar and when Allah made him victorious and he conquered the town by breaking the enemy’s defense, the beauty of Safiya bint Huyai bin Akhtab (radiallaahu `anhaa) was mentioned to him and her husband had been killed while she was a bride. Allah’s Apostle (sallallaahu `alayhi wasallam) selected her for himself and he set out in her company till he reached Sadd-ar-Rawha’ where her menses were over and he married her. Then Hais (a kind of meal) was prepared and served on a small leather sheet (used for serving meals). Allah’s Apostle (sallallaahu `alayhi wasallam) then said to me, “Inform those who are around you (about the wedding banquet).” So that was the marriage banquet given by Allah’s Apostle for (his marriage with) Safiya (radiallaahu `anhaa). After that we proceeded to Medina and I saw that Allah’s Apostle (sallallaahu `alayhi wasallam) was covering her with a cloak while she was behind him. Then he would sit beside his camel and let Safiya (radiallaahu `anhaa) put her feet on his knees to ride (the camel).
Hadith no. 1933 (below) is also a repeat. Read it here.
Volume 3, Book 34, Number 438 :
Narrated by Jabir bin ‘Abdullah (radiallaahu `anhu)
I heard Allah’s Apostle (sallallaahu `alayhi wasallam), in the year of the Conquest of Mecca, saying, “Allah and His Apostle (sallallaahu `alayhi wasallam) made illegal the trade of alcohol, dead animals, pigs and idols.” The people asked, “O Allah’s Apostle (sallallaahu `alayhi wasallam)! What about the fat of dead animals, for it was used for greasing the boats and the hides; and people use it for lights?” He said, “No, it is illegal.” Allah’s Apostle (sallallaahu `alayhi wasallam) further said, “May Allah curse the Jews, for Allah made the fat (of animals) illegal for them, yet they melted the fat and sold it and ate its price.”
Ahadith 1934-1935 (below) are repeats too. Read the post here.
Volume 3, Book 34, Number 439 :
Narrated by Abu Mas’ud Al-Ansari (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) forbade taking the price of a dog, money earned by prostitution and the earnings of a soothsayer.
Volume 3, Book 34, Number 440 :
Narrated by Aun bin Abu Juhaifa
I saw my father buying a slave whose profession was cupping, and ordered that his instruments (of cupping) be broken. I asked him the reason for doing so. He replied, “Allah’s Apostle (sallallaahu `alayhi wasallam) prohibited taking money for blood, the price of a dog, and the earnings of a slave-girl by prostitution; he cursed her who tattoos and her who gets tattooed, the eater of Riba (usury), and the maker of pictures.”
Book of Sales and Trade [Kitaab-ul-Buyoo`] ends here.
Today’s Ahadith:
Book of “Paid in Advance” [Kitaab-us-Salam] starts today.
Volume 3, Book 35, Number 441 :
Narrated by Ibn Abbas (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) came to Medina and the people used to pay in advance the price of fruits to be delivered within one or two years. (The sub-narrator is in doubt whether it was one to two years or two to three years.) The Prophet (sallallaahu `alayhi wasallam) said, “Whoever pays money in advance for dates (to be delivered later) should pay it for known specified weight and measure (of the dates).”
Volume 3, Book 35, Number 442 :
Narrated by Ibn Abi Najih (radiallaahu `anhu)
As above, mentioning only specific measure.
Volume 3, Book 35, Number 443 :
Narrated by Ibn ‘Abbas (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) came to Medina and the people used to pay in advance the price of dates to be delivered within two or three years. He said (to them), “Whoever pays in advance the price of a thing to be delivered later should pay it for a specified measure at specified weight for a specified period.”
Volume 3, Book 35, Number 444 :
Narrated by Ibn Abi Najih (radiallaahu `anhu)
As above, saying, “He should pay the price in advance for a specified measure and for a specified period.”
Volume 3, Book 35, Number 445 :
Narrated by Ibn ‘Abbas (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) came (to Medina) and he told the people (regarding the payment of money in advance that they should pay it) for a known specified measure and a known specified weight and a known specified period.
Volume 3, Book 35, Number 446 :
Narrated by Shu’ba
Muhammad or ‘Abdullah bin Abu Al-Mujalid said, “Abdullah bin Shaddad and Abu Burda differed regarding As-Salam, so they sent me to Ibn Abi Aufa (radiallaahu `anhu) and I asked him about it. He replied, ‘In the life-time of Allah’s Apostle (sallallaahu `alayhi wasallam), Abu Bakr and ‘Umar (radiallaahu `anhumaa), we used to pay in advance the prices of wheat, barley, dried grapes and dates to be delivered later. I also asked Ibn Abza and he, too, replied as above.’ “
Volume 3, Book 35, Number 447 :
Narrated by Muhammad bin Al-Majalid
Abdullah bin Shaddad and Abu Burda sent me to ‘Abdullah bin Abi Aufa (radiallaahu `anhu) and told me to ask ‘Abdullah whether the people in the life-time of the Prophet (sallallaahu `alayhi wasallam) used to pay in advance for wheat (to be delivered later). Abdullah (radiallaahu `anhu) replied, “We used to pay in advance to the peasants of Sham for wheat, barley and olive oil of a known specified measure to be delivered in a specified period.” I asked (him), “Was the price paid (in advance) to those who had the things to be delivered later?” Abdullah bin Aufa (radiallaahu `anhu) replied, “We did not use to ask them about that.” Then they sent me to ‘Abdur Rahman bin Abza and I asked him. He replied, “The companions of the Prophet (sallallaahu `alayhi wasallam) used to practice Salam in the life-time of the Prophet; and we did not use to ask them whether they had standing crops or not.”
Volume 3, Book 35, Number 448 :
Narrated by Muhammad bin Abi Al-Mujalid
As above (446) and said, “We used to pay them in advance for wheat and barley (to be delivered later). Narrated Ash-Shaibani–“And also for oil.”
Volume 3, Book 35, Number 449 :
Narrated by Ash-Shaibani
Who said “We used to pay in advance for wheat barley and dried grapes.”
Bai-Salam is a combination of two Arabic words Bai and Salam. Bai refers to Purchase and Sale while Salam means Advance. Payment of Bai-Salam transaction is made in advance. It is a form of sale on delayed terms in which the money may be paid first and the goods delivered at a later date.
Definition:
Bai-Salam is sale whereby the seller undertakes to supply some specific goods to the buyer at a future date in exchange for an advanced price fully paid on the spot.
Bai-Salam may be defined as a contract between a Buyer and a Seller under which the Seller sells in advance the certain goods permissible under Islamic Shari’ah and the law of the land to the Buyer at an agreed price payable on execution of the said contract and the goods is/are delivered as per specification, size, quality at a future time in a particular place.
Read more on it here and here. More details to follow in the upcoming posts inshaAllah.
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).
No Zakah for Prophet (sallallaahu `alayhi wasallam)’s Family (Hadith No. 1261)
Bismillah.
Hadith no. 1260 (below) is a repeat. Read it here.
Volume 2, Book 24, Number 561:
Narrated Abu Said Al-Khudri (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) said, “There is no Zakat on less than five Awsuq (of dates), or on less than five camels, or on less than five Awaq of silver.” (22 Yameni Riyals Faransa).
Today’s Hadith:
Volume 2, Book 24, Number 562:
Narrated Abu Huraira (radiallaahu `anhu):
Dates used to be brought to Allah’s Apostle (sallallaahu `alayhi wasallam) immediately after being plucked. Different persons would bring their dates till a big heap collected (in front of the Prophet). Once Al-Hasan (radiallaahu `anhu) and Al-Husain (radiallaahu `anhu) were playing with these dates. One of them took a date and put it in his mouth. Allah’s Apostle (sallallaahu `alayhi wasallam) looked at him and took it out from his mouth and said, “Don’t you know that Muhammad’s offspring do not eat what is given in charity?”
The scholars are unanimously agreed that it is not permissible for the family of the Prophet (peace and blessings of Allaah be upon him) to eat from the obligatory zakaah. This consensus was narrated by more than one scholar.
See: Mawsoo’at al-Ijmaa’ by Sa’di Abu Jayb (2/517-518).
With regard to voluntary charity, most scholars are of the view that it is permissible for the family of Muhammad (peace and blessings of Allaah be upon him) to take from it. This is the well known view of the madhhabs of the four imams of fiqh (Abu Haneefah, Maalik, al-Shaafa’i and Ahmad, may Allaah have mercy on them all).
See: Radd al-Muhtaar (2/351), al-Taaj wa’l-Ikleel (3/223), Mughni al-Muhtaaj (4/195), Kashshaaf al-Qinaa’ (2/291-292).
Details here.
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