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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).

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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