Exegesis of Two Sales in One Sale and Selling a Car for a Car
Machine translationRead the Arabic original
The questioner:
May Allah reward you. The honorable Shaykh, may Allah have mercy on him, mentioned in the previous hadith the prohibition of two sales in one sale. Some narrators of the hadith, and he is Sammak, stated that he sold it for a sa' of dates for a sa' of dates, or a mudd for a mudd. It was also narrated from Ibn Abbas, and it was narrated from Imam Ahmad, may Allah have mercy on him, regarding the prohibition of this, as an explanation of this hadith in the previous context.
The Shaykh:
Yes, this was explained. This is an explanation from some scholars. We told you that the scholars explained "two sales in one sale" with several interpretations, including the one mentioned by the questioner, which is the one mentioned by the commentator. However, Ibn al-Qayyim does not accept this interpretation in *Tahdhib al-Sunan*. He says that "two sales in one sale" is the sale of *'inah*. As for selling a commodity for two prices, one immediate and one deferred, or one sound and one broken, there is no *gharar* (excessive uncertainty) in it, and the buyer has the choice to take either of the two values. There is no *gharar* and no ignorance in it. So what is the reason to prohibit it?
The Messenger of Allah (peace and blessings be upon him) intended by "two sales in one sale" the sale of *'inah*, where he sells it to the borrower and then he buys it back. This is two sales in one sale because it is a stratagem to reach *riba* (usury or interest). Similarly, a condition in the contract, such as saying, "I will not sell you this commodity except on the condition that you sell it to me," or "I will not sell it to you except on the condition that you lend me money or rent me your house." This is two sales in one sale. Yes. Peace be upon you. In any case, it has been explained with various interpretations. Allah knows best which is correct. They are all interpretations and independent legal reasoning (*ijtihad*) from the people of knowledge. Yes.
The questioner:
With cars.
The Shaykh:
No, this is not two sales in one sale. This is making the price of the car a car; it is one sale. Instead of the price of the car being money, its price became a car. This is an exchange, and there is nothing wrong with it. But if he said, "I will sell you my car for twenty thousand on the condition that you sell me a car for fifteen thousand," where each car has a value, this is two sales in one sale. Yes.
May Allah reward you. The honorable Shaykh, may Allah have mercy on him, mentioned in the previous hadith the prohibition of two sales in one sale. Some narrators of the hadith, and he is Sammak, stated that he sold it for a sa' of dates for a sa' of dates, or a mudd for a mudd. It was also narrated from Ibn Abbas, and it was narrated from Imam Ahmad, may Allah have mercy on him, regarding the prohibition of this, as an explanation of this hadith in the previous context.
The Shaykh:
Yes, this was explained. This is an explanation from some scholars. We told you that the scholars explained "two sales in one sale" with several interpretations, including the one mentioned by the questioner, which is the one mentioned by the commentator. However, Ibn al-Qayyim does not accept this interpretation in *Tahdhib al-Sunan*. He says that "two sales in one sale" is the sale of *'inah*. As for selling a commodity for two prices, one immediate and one deferred, or one sound and one broken, there is no *gharar* (excessive uncertainty) in it, and the buyer has the choice to take either of the two values. There is no *gharar* and no ignorance in it. So what is the reason to prohibit it?
The Messenger of Allah (peace and blessings be upon him) intended by "two sales in one sale" the sale of *'inah*, where he sells it to the borrower and then he buys it back. This is two sales in one sale because it is a stratagem to reach *riba* (usury or interest). Similarly, a condition in the contract, such as saying, "I will not sell you this commodity except on the condition that you sell it to me," or "I will not sell it to you except on the condition that you lend me money or rent me your house." This is two sales in one sale. Yes. Peace be upon you. In any case, it has been explained with various interpretations. Allah knows best which is correct. They are all interpretations and independent legal reasoning (*ijtihad*) from the people of knowledge. Yes.
The questioner:
With cars.
The Shaykh:
No, this is not two sales in one sale. This is making the price of the car a car; it is one sale. Instead of the price of the car being money, its price became a car. This is an exchange, and there is nothing wrong with it. But if he said, "I will sell you my car for twenty thousand on the condition that you sell me a car for fifteen thousand," where each car has a value, this is two sales in one sale. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 9 من 89|شرح العدة في شرح العمدة|البيوع|فصل في حكم بيع الملامسة والمنابذة|صالح الفوزان|الفقه — youtube.com (30:24)
The Arabic text is a machine transcription of the audio recording.