The benefits of the hadith: (Jabir ibn 'Abd Allah said: I went out with the Messenger of Allah (peace and blessings be upon him) on a military expedition, and my camel lagged behind me.
Machine translationRead the Arabic original
The Shaykh : In this hadith, among its benefits, is first a sign from the signs of Allah (Mighty and Majestic) by which He supported His Messenger. It is that this camel, which had become exhausted and whose owner had intended to abandon it, reached this good condition simply because the Prophet (peace and blessings be upon him and his family) struck it and made a supplication for it. It also contains the permissibility of the leader bargaining with the people, and the bargaining that is accompanied by a guarantee regarding the price, because the Prophet (peace and blessings be upon him and his family) bargained with Jabir regarding his camel, even though he (peace and blessings be upon him) was the most generous of people. However, buying and selling is one thing, and generosity is another. It also contains evidence for the permissibility of refusing an order from the Prophet (peace and blessings be upon him) if it is not an obligatory duty, but rather a transaction or the like. Because when the Messenger said, "Sell it to me," Jabir said, "No." And this is not disobedience, nor is it severing family ties if it were between you and a relative, nor is it undutifulness to the mother and father if it were between you and your father and mother. Because a person is free in his wealth and is not forced to sell to anyone. Among the benefits is that the Prophet (peace and blessings be upon him) may test a person regarding what he has of desire and fear. Because the Prophet (peace and blessings be upon him and his family) only said, "Sell it to me," intending to test him. How was he? At first, he was indifferent to this camel and averse to it, then he became attached to it. And who was the cause that made this camel return to its strength?
The student: ... .
The Shaykh : The Messenger (peace and blessings be upon him). And yet he said, "I will not sell it to you," because he desired it when he saw the camel reach this good condition. He desired it and held onto it. Among the benefits is that the Prophet (peace and blessings be upon him) was the most generous of people. Because when he arrived at the city and gave him the price, he said to the weigher, "Weigh and give him more." Then he gave him the price and also gave him the camel, and said to himSahih Muslim 715m. So the Prophet (peace and blessings be upon him) combined for him the consideration and what?
The student: The thing exchanged.
The Shaykh : And the thing exchanged, and this is the height of generosity. The scholars (may Allah have mercy on them) differed regarding why the Prophet (peace and blessings be upon him) did this. Some said something astonishing: he intended to give him charity, so he made it in the form of a contract. That is, the Prophet (peace and blessings be upon him) intended to give Jabir charity in the price of the camel, so he made it in the form of a contract. That is, instead of giving him a weight, he made it in the form of a contract. But this is very far from the meaning of the hadith and the context of the hadith. Rather, what is established to be said is that the Prophet (peace and blessings be upon him) only bargained with him to test him, to know the extent of his complete desire for this camel after he was
The student: Indifferent.
The Shaykh : Indifferent to it, not wanting it, wanting to abandon it. And in it is, in reality, knowing the state of a person, and that a person has desires regarding what belongs to him of his wealth, and he is not blamed for them. Among the benefits of the hadith is also the permissibility for the seller to stipulate a known benefit in the item sold. Pay attention, the permissibility for the seller to stipulate a benefit, what?
The student: Known.
The Shaykh : A known benefit in the item sold, because Jabir excepted that he would ride it to the city, and the Prophet (peace and blessings be upon him) accepted this condition. If he excepted an unknown benefit, is this exception valid or not?
The student: No...
The Shaykh : Since we said it must be known, it is not valid. But some people of knowledge said it is valid. So if a person sells his house to someone and says, "I stipulate that I live in it until I buy a house," according to our saying that it must be known.
The student: It is not valid.
The Shaykh : It is not valid, meaning we do not know, no, we do not know when he will buy the house. But some scholars say there is no harm in excepting a benefit even if it is unknown, and it is estimated by custom, because this exception is retention. Retention, and retention is stronger than initiation, because retention is in reality continuation and permanence, and the rule is that permanence.
The student: Is stronger than...
The Shaykh : Is stronger than initiation. But if a middle opinion is said, that the unknown exception is valid on the condition that a maximum limit is set for it, meaning he says, "I stipulate that I live in it until I buy a house within a year, for example, within a year." Here, if he buys a house before the year, he is told, what? Get out, the period has ended. And if the year completes before he buys, he is told.
The student: Get out.
The Shaykh : Get out, so there is no complete uncertainty for you. But if he makes it open-ended until I buy a house, it may be delayed in buying the house, not due to negligence by the seller, but because he did not find a house offered for sale. We stipulated, we said, a known benefit in what? In the item sold. So if he stipulated a known benefit in something other than the item sold, by saying, "I am selling you my house and you take delivery of it now, but on the condition that you let me live in your house for a year," did you understand?
The student: ... .
The Shaykh : That is, the seller now, if he sells the house and he does not have, he does not have a residence, so he says to the buyer, "On the condition that you let me live in your house for a year," yes, is the benefit known or unknown?
The student: Known.
The Shaykh : But the benefit is in something other than the item sold, so this condition is not valid, because the reality of this condition is that he stipulated another contract on him, which is a lease. The famous opinion in the school of jurisprudence is that stipulating another contract is not valid. But the stronger opinion is that it is valid to stipulate another condition on him if it does not entail a religious prohibition, and this does not have a religious prohibition. So it is as if he said, "I am selling you this house for ten thousand, on the condition that you lease me your house for one thousand riyals," so the value is in reality.
The student: ... .
The Shaykh : Yes, nine thousand, because he leased him his house. No, the value is ten in reality. The value is ten, unless he said, "On the condition that I live in the house," so the value is?
The student: ... .
The Shaykh : Pay attention, he sold it to him for ten thousand and said, "On the condition that I live in your house for a year." The sale now is ten thousand in cash and a year of residence. What is the total? It is as if he sold it for eleven. The correct opinion is that if a known benefit is stipulated in something other than the item sold, the condition is valid and the sale is valid. We come to the purpose of the author who titled this hadith. It is derived from this that it is recommended for a person when he arrives in a town to pray two units of prayer in the mosque before he comes to his family. But is the meaning that he prays two units in his mosque near his house, or in any mosque of the town? The apparent meaning is the second, because all mosques are houses of Allah, and the purpose is to worship Allah with these two units before you reach your house. And I do not know if this recommended practice is present among many people or not?
The student: Not present.
The Shaykh : Not present among most people. Most people do not know this at all. The error and negligence of the students of knowledge is that they do not teach people this recommended practice: that the first thing when you arrive in a town is to go to the mosque and pray two units in it. And does he pray these two units in the time of prohibition?
The student: Yes.
The Shaykh : Yes, according to the stronger opinion, he prays them in the time of prohibition, because every prayer that has a cause does not have a time of prohibition. Yes, yes.
The student: ... .
The Shaykh : The Messenger (peace and blessings be upon him). And yet he said, "I will not sell it to you," because he desired it when he saw the camel reach this good condition. He desired it and held onto it. Among the benefits is that the Prophet (peace and blessings be upon him) was the most generous of people. Because when he arrived at the city and gave him the price, he said to the weigher, "Weigh and give him more." Then he gave him the price and also gave him the camel, and said to him
Do you see that I asked you to reduce price for buying your camel. Take your camel and your coins; these are yours.
أتراني ماكستك لآخذ جملك خذ جملك ودراهمك فهو لكThe student: The thing exchanged.
The Shaykh : And the thing exchanged, and this is the height of generosity. The scholars (may Allah have mercy on them) differed regarding why the Prophet (peace and blessings be upon him) did this. Some said something astonishing: he intended to give him charity, so he made it in the form of a contract. That is, the Prophet (peace and blessings be upon him) intended to give Jabir charity in the price of the camel, so he made it in the form of a contract. That is, instead of giving him a weight, he made it in the form of a contract. But this is very far from the meaning of the hadith and the context of the hadith. Rather, what is established to be said is that the Prophet (peace and blessings be upon him) only bargained with him to test him, to know the extent of his complete desire for this camel after he was
The student: Indifferent.
The Shaykh : Indifferent to it, not wanting it, wanting to abandon it. And in it is, in reality, knowing the state of a person, and that a person has desires regarding what belongs to him of his wealth, and he is not blamed for them. Among the benefits of the hadith is also the permissibility for the seller to stipulate a known benefit in the item sold. Pay attention, the permissibility for the seller to stipulate a benefit, what?
The student: Known.
The Shaykh : A known benefit in the item sold, because Jabir excepted that he would ride it to the city, and the Prophet (peace and blessings be upon him) accepted this condition. If he excepted an unknown benefit, is this exception valid or not?
The student: No...
The Shaykh : Since we said it must be known, it is not valid. But some people of knowledge said it is valid. So if a person sells his house to someone and says, "I stipulate that I live in it until I buy a house," according to our saying that it must be known.
The student: It is not valid.
The Shaykh : It is not valid, meaning we do not know, no, we do not know when he will buy the house. But some scholars say there is no harm in excepting a benefit even if it is unknown, and it is estimated by custom, because this exception is retention. Retention, and retention is stronger than initiation, because retention is in reality continuation and permanence, and the rule is that permanence.
The student: Is stronger than...
The Shaykh : Is stronger than initiation. But if a middle opinion is said, that the unknown exception is valid on the condition that a maximum limit is set for it, meaning he says, "I stipulate that I live in it until I buy a house within a year, for example, within a year." Here, if he buys a house before the year, he is told, what? Get out, the period has ended. And if the year completes before he buys, he is told.
The student: Get out.
The Shaykh : Get out, so there is no complete uncertainty for you. But if he makes it open-ended until I buy a house, it may be delayed in buying the house, not due to negligence by the seller, but because he did not find a house offered for sale. We stipulated, we said, a known benefit in what? In the item sold. So if he stipulated a known benefit in something other than the item sold, by saying, "I am selling you my house and you take delivery of it now, but on the condition that you let me live in your house for a year," did you understand?
The student: ... .
The Shaykh : That is, the seller now, if he sells the house and he does not have, he does not have a residence, so he says to the buyer, "On the condition that you let me live in your house for a year," yes, is the benefit known or unknown?
The student: Known.
The Shaykh : But the benefit is in something other than the item sold, so this condition is not valid, because the reality of this condition is that he stipulated another contract on him, which is a lease. The famous opinion in the school of jurisprudence is that stipulating another contract is not valid. But the stronger opinion is that it is valid to stipulate another condition on him if it does not entail a religious prohibition, and this does not have a religious prohibition. So it is as if he said, "I am selling you this house for ten thousand, on the condition that you lease me your house for one thousand riyals," so the value is in reality.
The student: ... .
The Shaykh : Yes, nine thousand, because he leased him his house. No, the value is ten in reality. The value is ten, unless he said, "On the condition that I live in the house," so the value is?
The student: ... .
The Shaykh : Pay attention, he sold it to him for ten thousand and said, "On the condition that I live in your house for a year." The sale now is ten thousand in cash and a year of residence. What is the total? It is as if he sold it for eleven. The correct opinion is that if a known benefit is stipulated in something other than the item sold, the condition is valid and the sale is valid. We come to the purpose of the author who titled this hadith
That the Prophet (peace and blessings be upon him) said to him, "When you arrive," he said, "Now, when I arrived," he said, "So leave your camel and enter and pray two units." He said, "So I entered and prayed two units, then I returned."
أن النبي صلى الله عليه وسلّم قال له متى قدمت قال الأن حين قدمت، قال فدع جملك وادخل فصل ركعتين قال فدخلت فصليت ركعتين ثم رجعتThe student: Not present.
The Shaykh : Not present among most people. Most people do not know this at all. The error and negligence of the students of knowledge is that they do not teach people this recommended practice: that the first thing when you arrive in a town is to go to the mosque and pray two units in it. And does he pray these two units in the time of prohibition?
The student: Yes.
The Shaykh : Yes, according to the stronger opinion, he prays them in the time of prohibition, because every prayer that has a cause does not have a time of prohibition. Yes, yes.