Volume 3, Book 34, Number 334 :
Narrated by Nafi
Ibn ‘Umar (radiallaahu `anhu) told us that the people used to buy food from the caravans in the lifetime of the Prophet (sallallaahu `alayhi wasallam). The Prophet (sallallaahu `alayhi wasallam) used to forbid them to sell it at the very place where they had purchased it (but they were to wait) till they carried it to the market where foodstuff was sold. Ibn ‘Umar (radiallaahu `anhu) said, ‘The Prophet (sallallaahu `alayhi wasallam) also forbade the reselling of foodstuff by somebody who had bought it unless he had received it with exact full measure.’
There are two principles outlined in this narration:
- Incoming trade caravans should not be stopped before they reach the city market(s). It’s likely that they might sell their items for lesser than the market rate and suffer losses.
- A person who buys something from another must not resell it unless he has possession of the bought thing. Details follow..
It was narrated from Tawoos from Ibn ‘Abbaas (may Allah be pleased with him) that the Messenger of Allah (blessings and peace of Allah be upon him) forbade selling foodstuff until one has received it in full. I [the narrator] said to Ibn ‘Abbaas: Why is that? He said: Because they are exchanging dirhams for dirhams, but the delivery of food is delayed?
Narrated by al-Bukhaari, 2132; Muslim, 1252
Ibn Hajar said in Fath al-Baari, 4/349:
What is meant is that he was asking about the reason for this prohibition, and Ibn ‘Abbaas replied that if the purchaser sells it before taking possession of it when the item is still in the possession of the seller, it is as if he sold dirhams for dirhams. This is explained by what is mentioned in the report of Sufyaan from Ibn Tawoos that is narrated by Muslim. Tawoos said: I said to Ibn ‘Abbaas: Why is that? He said: Don’t you see that they are exchanging gold, but the delivery of food is delayed? i.e., if he buys foodstuff for one hundred dinars, for example, and he gives the money to the seller but does not take the foodstuff from him, then he sells the foodstuff to someone else for one hundred and twenty dinars and takes it from him when the food is still in the possession of the (first) seller, then it is as if he sold one hundred dinars for one hundred and twenty dinars, it looks as if he sold one hundred dinars for one hundred and twenty. According to this interpretation the prohibition is not restricted only to foodstuffs. Hence Ibn ‘Abbaas said: I think that all things are like this. And this is supported by the hadeeth of Zayd ibn Thaabit, according to which the Messenger of Allah (blessings and peace of Allah be upon him) forbade selling a product in the place where it was bought until the merchants have taken it to their own places.
Narrated by Abu Dawood; classed as saheeh by Ibn Hibbaan. End quote.
Al-‘Ayni said in ‘Umdat al-Qaari (11/250):
What this means is: If he buys some food from a man for one dirham to be delivered later, then he sells it back to him or to someone else before taking possession of it for two dirhams, for example, that is not permissible because it is in effect selling cash for cash, when the food is not there. So it is as if he sold his dirham with which he brought the food for two dirhams, which is riba, because it is selling something that is not there (not in the possession of the seller) for cash. So this (transaction) is not valid. End quote.
Shaykh Ibn Baaz said:
It is not permissible for a Muslim to sell an item for cash or credit unless he owns it and has taken possession of it, because the Prophet (blessings and peace of Allah be upon him) said to Hakeem ibn Hizaam: “Do not sell that which you do not possess.” And he (blessings and peace of Allah be upon him) said, according to the hadeeth of ‘Abdullah ibn ‘Amr ibn al-‘Aas (may Allah be pleased with him): “It is not permissible to take a loan and sell at the same time or to sell that which is not in your possession.” Narrated by the five with a saheeh isnaad. Similarly, the one who buys it does not have the right to sell it until he also takes possession of it, because of the two hadeeths quoted above and because of the report narrated by Imam Ahmad and Abu Dawood, and classed as saheeh by Ibn Hibbaan and al-Haakim, from Zayd ibn Thaabit (may Allah be pleased with him) who said: The Messenger of Allah (blessings and peace of Allah be upon him) forbade selling a product in the place where it was bought until the merchants have taken it to their own places. And because of the report narrated by al-Bukhaari in his Saheeh from Ibn ‘Umar (may Allah be pleased with him), who said: I saw the people at the time of the Messenger of Allah (blessings and peace of Allah be upon him) trading in foodstuff without measuring it, and they would be punished if they sold it before moving it to their own places. And there are many hadeeths on this topic.
End quote from Majmoo‘ Fataawa ash-Shaykh Ibn Baaz, 19/64
Kitaab-ul-Buyoo` [Book of Sales and Trade] starts today..
Volume 3, Book 34, Number 263:
Narrated Abu Huraira (radiallaahu `anhu):
You people say that Abu Huraira (radiallaahu `anhu) tells many narrations from Allah’s Apostle (sallallaahu `alayhi wasallam) and you also wonder why the emigrants and Ansar do not narrate from Allah’s Apostle (sallallaahu `alayhi wasallam) as Abu Huraira (radiallaahu `anhu) does. My emigrant brothers were busy in the market while I used to stick to Allah’s Apostle (sallallaahu `alayhi wasallam) content with what fills my stomach; so I used to be present when they were absent and I used to remember when they used to forget, and my Ansari brothers used to be busy with their properties and I was one of the poor men of Suffa. I used to remember the narrations when they used to forget. No doubt, Allah’s Apostle (sallallaahu `alayhi wasallam) once said, “Whoever spreads his garment till I have finished my present speech and then gathers it to himself, will remember whatever I will say.” So, I spread my colored garment which I was wearing till Allah’s Apostle (sallallaahu `alayhi wasallam) had finished his saying, and then I gathered it to my chest. So, I did not forget any of that narrations.
Imam Bukhari mentions this Hadith in the beginning of Book of Sales and Trade under the chapter:
فَإِذَا قُضِيَتِ الصَّلَوةُ فَانتَشِرُواْ فِى الاٌّرْضِ وَابْتَغُواْ مِن فَضْلِ اللَّهِ وَاذْكُرُواْ اللَّهَ كَثِيراً لَّعَلَّكُمْ تُفْلِحُونَ
Then when the Salah is complete, you may disperse through the land, and seek the bounty of Allah, and remember Allah much, that you may be successful. [Al-Jumu`ah: 10]
Ibn Kathir says in his tafsir about this ayah:
﴿فَإِذَا قُضِيَتِ الصَّلَوةُ﴾
(Then when the Salah is complete,) means, when the Friday prayer is finished,
﴿فَانتَشِرُواْ فِى الاٌّرْضِ وَابْتَغُواْ مِن فَضْلِ اللَّهِ﴾
(you may disperse through the land, and seek the bounty of Allah,) After Allah forbade Muslims from working after hearing the Adhan and ordered them to gather for the Friday prayer, He allowed them to spread throughout the earth and seek bounty after the prayer is finished. Ibn Abi Hatim recorded that when the Friday prayer finished, `Irak bin Malik would stand by the gate of the Masjid and invoke Allah, saying, “O Allah! I have accepted and complied with Your Call, performed the prayer You ordered and dispersed as You ordered me. Therefore, grant me of Your favor and You are the best of those who grant provisions.” Allah’s statement,
﴿وَاذْكُرُواْ اللَّهَ كَثِيراً لَّعَلَّكُمْ تُفْلِحُونَ﴾
(and remember Allah much, that you may be successful.) means, while you are buying and selling, giving and taking, remember Allah much and do not let this life busy you from what benefits you in the Hereafter. There is a Hadith that states,
«مَنْ دَخَلَ سُوقًا مِنَ الْأَسْوَاقِ فَقَالَ: لَا إِلَهَ إِلَّا اللهُ وَحْدَهُ لَا شَرِيكَ لَهُ، لَهُ الْمُلْكُ وَلَهُ الْحَمْدُ وَهُوَ عَلَى كُلِّ شَيْءٍ قَدِيرٌ، كَتَبَ اللهُ لَهُ أَلْفَ أَلْفِ حَسَنَةٍ وَمَحَا عَنْهُ أَلْفَ أَلْفِ سَيِّئَةٍ»
(Whoever enters a marketplace and says, “La ilaha illallah, He is alone without partners, His is the sovereignty and His is the praise, and He is Able to do all things.” Then Allah will record a thousand-thousand (a million) good deeds for him and will erase a thousand-thousand evil deeds.) Mujahid said, “A servant (of Allah) will not be among those who remember Allah often, until he does so while standing, sitting and lying down.”