Explanation of the Book of Prayer and Its Times-01b
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The reciter: Qubaybah ibn 'Uqbah narrated to us, saying: Sufyan narrated to us from Abu al-Zinad from al-A'raj from Abu Hurayrah, who said: Sahih al-Bukhari 368.
The Shaykh : Yes, regarding two types of sales, al-lamas and al-nabdh. Al-lamas is when the seller says to the buyer: "Any garment you touch, you must pay its price." This is a great ignorance, because the buyer might touch a garment worth a thousand, while the seller thinks he only touched a garment worth ten, for example. Thus, there is excessive uncertainty and ignorance in this. Al-nabdh is when the buyer says to the seller: "Any garment you throw to me, I will pay such-and-such for it." He thinks that a garment worth a hundred will be thrown to him, but a garment worth ten is thrown to him. The one who throws is the seller, the one who touches is the buyer, and the one who throws is the seller. So there is ignorance in it. There is no doubt that this is apparent ignorance. There is also a third one, but it is not mentioned in the hadith, which is the sale by pebble. The sale by pebble is when the seller says to the buyer: "Throw a pebble at these garments; whatever garment it lands on, you must pay such-and-such for it." This is ignorance. Is the ignorance from both sides or from one side? It is clearly apparent ignorance on the part of the seller. As for the buyer, he might hit the target; he might aim the stone at garments he wants, as if he touched them and hit the target. So it is excessive uncertainty in any case. As for the seller's side, it is apparent. As for the buyer's side, it might be excessive uncertainty or it might not be. Also, from the sale by pebble is when he says: "Throw the stone, and whatever distance it reaches on the ground, you must pay such-and-such for it." The seller thinks the buyer is weak, but the buyer turned out to be strong. When he threw the pebble, the seller thought it would reach ten meters, but it reached fifty meters. Is there ignorance in it or not? There is clear ignorance. Therefore, the Prophet (peace and blessings be upon him) forbade it.
The second: he says. This is the point of the evidence. Al-samaw is a description of an omitted word; the estimation is "the al-samaw wrap in which a person cannot open his hands; if he opened his hands, his 'awrah would be exposed."
The third isSunan an-Nasa'i 5341Sahih (Darussalam) Al-ihtiba' is when a person draws his legs up to his thighs, places his buttocks on the ground, and wraps the garment around him. If he has only one garment on him, his 'awrah will be exposed from him. From which side? From above. Therefore, it is forbidden to sit in a hunched position in a single garment. However, if he has two garments on him, such as an izar and a rida', and he sits in a hunched position with the rida', then there is no harm in it. What if he sits in a hunched position with his hands? Is there harm in it? Yes, there is no harm. What if he sits in a hunched position with a sword, as some people do in large mosques? You find a man sitting in a hunched position with a sword, tying it to his back and passing it over his leg. There is no harm in this.
The Prophet (ﷺ) forbade two kinds of sales i.e. Al-Limais and An-Nibadh (the former is a kind of sale in which the deal is completed if the buyer touches a thing, without seeing or checking it properly and the latter is a kind of a sale in which the deal is completed when the seller throws a thing towards the buyer giving him no opportunity to see, touch or check it) and (the Prophet (ﷺ) forbade) also Ishtimal-As- Samma' and Al-Ihtiba' in a single garment.
نهى النبي صلى الله عليه وسلم عن بيعتين عن اللماس والنباذ، وأن يشتمل الصماء، وأن يحتبي الرجل في ثوب واحدThe Shaykh : Yes, regarding two types of sales, al-lamas and al-nabdh. Al-lamas is when the seller says to the buyer: "Any garment you touch, you must pay its price." This is a great ignorance, because the buyer might touch a garment worth a thousand, while the seller thinks he only touched a garment worth ten, for example. Thus, there is excessive uncertainty and ignorance in this. Al-nabdh is when the buyer says to the seller: "Any garment you throw to me, I will pay such-and-such for it." He thinks that a garment worth a hundred will be thrown to him, but a garment worth ten is thrown to him. The one who throws is the seller, the one who touches is the buyer, and the one who throws is the seller. So there is ignorance in it. There is no doubt that this is apparent ignorance. There is also a third one, but it is not mentioned in the hadith, which is the sale by pebble. The sale by pebble is when the seller says to the buyer: "Throw a pebble at these garments; whatever garment it lands on, you must pay such-and-such for it." This is ignorance. Is the ignorance from both sides or from one side? It is clearly apparent ignorance on the part of the seller. As for the buyer, he might hit the target; he might aim the stone at garments he wants, as if he touched them and hit the target. So it is excessive uncertainty in any case. As for the seller's side, it is apparent. As for the buyer's side, it might be excessive uncertainty or it might not be. Also, from the sale by pebble is when he says: "Throw the stone, and whatever distance it reaches on the ground, you must pay such-and-such for it." The seller thinks the buyer is weak, but the buyer turned out to be strong. When he threw the pebble, the seller thought it would reach ten meters, but it reached fifty meters. Is there ignorance in it or not? There is clear ignorance. Therefore, the Prophet (peace and blessings be upon him) forbade it.
The second: he says
And wrapping oneself in al-samaw.
وأن يشتمل الصماءThe third is
