Is there a hadith to the effect that if a resident buys from a Bedouin, and the Bedouin enters the market and finds the price higher, he has the option?
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The questioner : In the hadith... in the text now, it says that if a resident buys from a Bedouin.
The Shaykh : Yes.
The questioner : So if the Bedouin enters the market and finds the price higher, he has the option. This hadith means that either the one from whom he bought must give him the market price, or he returns his goods to him. Is there a hadith in this meaning? Do you recall the text now?
The Shaykh : By Allah, I do not recall this hadith right now.
The questioner : ... .
The Shaykh : Give me a moment. If this hadith is found, it will be among the evidence clarifying the matter. But if we stop at the hadith: "He forbade intercepting travelers," this would be an example of what we said, that there is a difference between forbidding the essence which includes its parts, and forbidding a part of the parts of what occurs in this essence. This is much easier. It is a prohibition of the preliminaries of sale.
The questioner : Yes.
The Shaykh : So if we do not have anything but this prohibition, we say: if he intercepted and sold and bought, this does not invalidate the sale and purchase. But if your hadith is authentic, it will be clarifying.
The questioner : The meaning...
The Shaykh : It is not a burden on us, as was narrated in the Sunan of al-Darimi from some of the Salaf, who said: "If we narrate to you the meaning, that is sufficient for you." Because in reality, this is a great blessing; it is not the Qur'an. And so we find this difference in wording. And the covenant is not far from you from Ah, I will look for it quickly here in "Sahih Muslim" to see the hadiths narrated on the topic. Yes, intercepting goods, the prohibition of a resident selling to a Bedouin. This reminds me of the hadith of the musyarrah.
The questioner : Yes.
The Shaykh : Do you see?
The questioner : And the prohibition of deception.
The Shaykh : Yes.
The questioner : And concealment of defects occurred.
The Shaykh : But the sale is valid.
The questioner : The important thing is that the right belonging to the servant was dropped.
The Shaykh : Yes.
The questioner : So if the Bedouin enters the market and finds the price higher, he has the option. This hadith means that either the one from whom he bought must give him the market price, or he returns his goods to him. Is there a hadith in this meaning? Do you recall the text now?
The Shaykh : By Allah, I do not recall this hadith right now.
The questioner : ... .
The Shaykh : Give me a moment. If this hadith is found, it will be among the evidence clarifying the matter. But if we stop at the hadith: "He forbade intercepting travelers," this would be an example of what we said, that there is a difference between forbidding the essence which includes its parts, and forbidding a part of the parts of what occurs in this essence. This is much easier. It is a prohibition of the preliminaries of sale.
The questioner : Yes.
The Shaykh : So if we do not have anything but this prohibition, we say: if he intercepted and sold and bought, this does not invalidate the sale and purchase. But if your hadith is authentic, it will be clarifying.
The questioner : The meaning...
The Shaykh : It is not a burden on us, as was narrated in the Sunan of al-Darimi from some of the Salaf, who said: "If we narrate to you the meaning, that is sufficient for you." Because in reality, this is a great blessing; it is not the Qur'an. And so we find this difference in wording. And the covenant is not far from you from
He did an action
عمل عملًاThe questioner : Yes.
The Shaykh : Do you see?
The questioner : And the prohibition of deception.
The Shaykh : Yes.
The questioner : And concealment of defects occurred.
The Shaykh : But the sale is valid.
The questioner : The important thing is that the right belonging to the servant was dropped.
Source
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The Arabic text is copied verbatim from the original source, without any edits.