Benefits of the Hadith: (… He said: “Indeed, the Prophet (peace and blessings be upon him) forbade the price of blood, the price of a dog, the one who eats riba and the one who feeds it, the woman who tattoos and the woman who gets tattooed”)
Machine translationRead the Arabic original
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. We have previously mentioned that the Messenger (peace and blessings be upon him) stated a useful and beneficial principle, which is: when Allah forbids something, He forbids its price. Blood is forbidden, so its price is forbidden. If we take the generality of this hadith, we say that donating blood for a price is forbidden, because it is the price of blood.
And if the blood is lawful, its price is lawful, such as liver, spleen, and heart blood.
And his saying: means that which is permissible to keep, because that whose keeping is forbidden is forbidden to be owned by any means, whether by price or otherwise. The dog that is permissible to keep is of three types—come here, I see you are neglecting the lesson; you were active when you first arrived, pay attention. The dog that is permissible to keep is three: the dog for livestock, for farming, and for hunting.
Do you not have the second version: , there is a second version: , meaning he forbade eating it, and this version is more correct, for the correspondence between the conjoined and the conjoined upon. For “the one who eats” is an active noun that does not correspond with this; what corresponds is “eating riba.” And riba is the increase, but not every increase is riba; rather, it is the increase in specific things that the Shari'ah has specified, and they are six. Yasser, list them for us?
The questioner : Barley, wheat, and gold…
The Shaykh : Wait, wheat is barley.
The questioner : And gold and silver, dates, and salt.
The Shaykh : And salt, six things, Abdullah?
The questioner : ... .
The Shaykh : List them.
The questioner : Dates, barley, wheat, gold, silver, and…
The Shaykh : Six things, the Prophet (peace and blessings be upon him) said:Sunan an-Nasa'i 4561Sahih (Darussalam) And what else?
The student: Barley for barley.
The Shaykh :Sahih Muslim 1587c. Okay, a car for a car?
The student: ... .
The Shaykh : No, there is no riba in it; if you give me a car and I give you two cars, there is no harm. A garment for a garment?
The questioner : ... .
The Shaykh : No riba in it, right? Okay. Iron for iron?
The questioner : ... .
The Shaykh : No riba in it; there is nothing among the metals that has riba except gold and silver only, because they are two types used in currency.
Okay, if these categories differ, they may be sold even with an increase, but if it is hand-to-hand. And his saying (peace and blessings be upon him):Sahih Muslim 1587c means if the two compensations agree in the cause of riba; but if they do not agree, immediate possession is not required. For example, barley, dates, and barley agree in that they are all food, yes, measured food. Exchanging some with some with a difference is permissible, but without delay in possession.
Gold for barley is permissible.
The questioner : … It is permissible.
The Shaykh : It is permissible with a difference, and it is permissible without possession, it is also permissible without possession because they differ in the cause of riba. For this reason, salam is permissible, and salam is that you advance the money and delay the compensation.
Okay, do these six things apply to riba? Yes, there is disagreement among scholars: As for those who do not consider qiyas (analogical reasoning) as evidence, riba does not apply to anything other than these six categories; they restrict it to this wording only, and in their view, corn for corn has no riba, and rice for rice has no riba, because they restrict it to these six things.
And as for those who see that qiyas is a legal proof, and they are the majority of scholars, among them, some of the qiyas proponents see that riba does not apply to anything other than these six because the cause is not agreed upon, so it is presumed. And if it is presumed, the original ruling is the permissibility of the sale, and we cannot attach others to their ruling, other than these six, in their ruling, even though we are not certain that the cause is such and such. And according to the opinion of these people, difference and delay are permissible in everything sold other than these six categories. Yes.
But the stronger opinion is that it is caused, and the cause in gold and silver is that they are the price of things and that they are gold and silver also, meaning the cause is this or that. As for the first, it is apparent because dirhams and dinars are the compensation for things. And as for the second, it is because in the hadith of Fadalah ibn 'Ubayd, he bought a gold necklace with beads for twelve dinars, so he separated it and found more in it, and the Prophet (peace and blessings be upon him) forbade it to be sold until it was separated. And this indicates that riba applies to gold and silver by their very nature. And on this basis, if gold jewelry is sold for gold jewelry, equality and possession are required. Yes. And as for the remaining four categories, which are barley, dates, barley, and salt, the cause in them is that they are eaten and that they are measured, so they are food that is consumed and measured.
And whoever says that the cause is measuring or that the cause is eating, his saying is weak, because it should be that we make the cause as narrow as possible, because the original ruling is permissibility, so we do not prevent except what we are certain of the gathering of the attributes, and the attributes are that it is food and that it is measured.
And on this basis, if we find something that is measured and sold by measure but is not consumed, there is no riba in it; it is sold by weight but not consumed, there is no riba in it; it is eaten but not measured or weighed, there is no riba in it.
And this opinion is the most correct of the opinions in this issue.
Okay, the one who feeds riba means the Messenger (peace and blessings be upon him) forbade it, meaning he forbade feeding riba, and its doer is cursed, as in the hadith of Jabir narrated by Muslim.
So if someone says: How can the one who feeds be cursed while he is wronged? Meaning, the one who eats riba being cursed is clear because he is a wrongdoer and an eater, but how can the one who feeds be so? We say because he is the enabler, and he is the second party in the contract, and without him, right?
The student: It did not become…
The Shaykh : It did not become riba; without him, it would not have become riba, so he is a partner to the eater in this forbidden contract. Indeed, the Messenger (peace and blessings be upon him) cursed its two witnesses and its writer, and that is so that people would disavow it, from riba, and stay away from it and not practice it in any way.
And this resembles what is called today a strike, because if these two contracting parties who are in riba come to a person and say, write the contract for us? He says, I will not write. He comes to the second, he says, I will not write. To the third, I will not write. Okay, a witness, even without writing, come here so-and-so, witness for us, he says: I will not witness. This is the strike in reality, meaning no one helps them, the riba-takers.
And this witness or writer, may Allah protect us, did not benefit; he did not benefit except the curse, which is expulsion and distance from the mercy of Allah, so he is a loser in his religion and his worldly life. Just as the one who eats riba and the one who feeds it are losers in their religions and their worldly lives. As for the one who eats riba, if you reflect, you will find that those who eat riba are afflicted with poverty, either tangible poverty or intangible poverty. Tangible poverty is that Allah wipes out his wealth, calamities come to him, or they sell to people who go bankrupt and their money is lost, or intangible poverty such that their hearts are not satisfied with the world, so they have accumulated wealth but their hearts are barren of wealth, may Allah protect us. This is a poverty more severe than tangible poverty; the poor person has tangible poverty that is at ease for the heart, but this one is not at ease in his heart, may Allah protect us.
And as for the one who feeds riba, he is also a loser in this world, because the majority of those who become accustomed to riba and take it lightly, the majority of them, when debt comes upon him and he has nothing, he goes to take another riba debt, and then the debts accumulate upon him until they wipe out his wealth, and this is something tested and something observed.
He also says: The witness is his saying “the woman who tattoos,” and we have previously mentioned the definition of the woman who tattoos and the woman who gets tattooed. Yes.
The questioner : Shaykh?
The Shaykh : Yes.
And if the blood is lawful, its price is lawful, such as liver, spleen, and heart blood.
And his saying:
and the price of a dog
وثمن الكلبand the one who eats riba
وءاكل الرباEating riba
أكل الرباAnd eating riba
وأكل الرباThe questioner : Barley, wheat, and gold…
The Shaykh : Wait, wheat is barley.
The questioner : And gold and silver, dates, and salt.
The Shaykh : And salt, six things, Abdullah?
The questioner : ... .
The Shaykh : List them.
The questioner : Dates, barley, wheat, gold, silver, and…
The Shaykh : Six things, the Prophet (peace and blessings be upon him) said:
Muslim bin Yasar and Abdullah bin Ubaid who was called Ibn Hurmuz narrated that 'Ubadah bin As-Samit and Muawiyah met at a stopping place on the road. 'Ubadah told them: "The Messenger of Allah forbade selling gold for gold, silver for silver, dates for dates, wheat for wheat, barley for barley"- one of them said: "salt for salt," but the other did not say it-"unless it was equal amount for equal amount, like for like." One of them said: "Whoever gives more or takes more has engaged in Riba," but he other one did not say it. "And he commanded us to sell gold for silver and silver for gold, and wheat for barley and barley for wheat, hand to hand, however we wanted."
الذهب بالذهب والفضة بالفضة والتمر بالتمر والشعير بالشعير والملح بالملحThe student: Barley for barley.
The Shaykh :
Ubida b. al-Simit (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying: Gold is to be paid for by gold, silver by silver, wheat by wheat, barley by barley, dates by dates, and salt by salt, like for like and equal for equal, payment being made hand to hand. If these classes differ, then sell as you wish if payment is made hand to hand.
والبر بالبر مثلا بمثل سواء بسواء يدا بيدThe student: ... .
The Shaykh : No, there is no riba in it; if you give me a car and I give you two cars, there is no harm. A garment for a garment?
The questioner : ... .
The Shaykh : No riba in it, right? Okay. Iron for iron?
The questioner : ... .
The Shaykh : No riba in it; there is nothing among the metals that has riba except gold and silver only, because they are two types used in currency.
Okay, if these categories differ, they may be sold even with an increase, but if it is hand-to-hand. And his saying (peace and blessings be upon him):
if payment is made hand to hand
إذا كان يدا بيدGold for barley is permissible.
The questioner : … It is permissible.
The Shaykh : It is permissible with a difference, and it is permissible without possession, it is also permissible without possession because they differ in the cause of riba. For this reason, salam is permissible, and salam is that you advance the money and delay the compensation.
Okay, do these six things apply to riba? Yes, there is disagreement among scholars: As for those who do not consider qiyas (analogical reasoning) as evidence, riba does not apply to anything other than these six categories; they restrict it to this wording only, and in their view, corn for corn has no riba, and rice for rice has no riba, because they restrict it to these six things.
And as for those who see that qiyas is a legal proof, and they are the majority of scholars, among them, some of the qiyas proponents see that riba does not apply to anything other than these six because the cause is not agreed upon, so it is presumed. And if it is presumed, the original ruling is the permissibility of the sale, and we cannot attach others to their ruling, other than these six, in their ruling, even though we are not certain that the cause is such and such. And according to the opinion of these people, difference and delay are permissible in everything sold other than these six categories. Yes.
But the stronger opinion is that it is caused, and the cause in gold and silver is that they are the price of things and that they are gold and silver also, meaning the cause is this or that. As for the first, it is apparent because dirhams and dinars are the compensation for things. And as for the second, it is because in the hadith of Fadalah ibn 'Ubayd, he bought a gold necklace with beads for twelve dinars, so he separated it and found more in it, and the Prophet (peace and blessings be upon him) forbade it to be sold until it was separated. And this indicates that riba applies to gold and silver by their very nature. And on this basis, if gold jewelry is sold for gold jewelry, equality and possession are required. Yes. And as for the remaining four categories, which are barley, dates, barley, and salt, the cause in them is that they are eaten and that they are measured, so they are food that is consumed and measured.
And whoever says that the cause is measuring or that the cause is eating, his saying is weak, because it should be that we make the cause as narrow as possible, because the original ruling is permissibility, so we do not prevent except what we are certain of the gathering of the attributes, and the attributes are that it is food and that it is measured.
And on this basis, if we find something that is measured and sold by measure but is not consumed, there is no riba in it; it is sold by weight but not consumed, there is no riba in it; it is eaten but not measured or weighed, there is no riba in it.
And this opinion is the most correct of the opinions in this issue.
Okay, the one who feeds riba means the Messenger (peace and blessings be upon him) forbade it, meaning he forbade feeding riba, and its doer is cursed, as in the hadith of Jabir narrated by Muslim.
So if someone says: How can the one who feeds be cursed while he is wronged? Meaning, the one who eats riba being cursed is clear because he is a wrongdoer and an eater, but how can the one who feeds be so? We say because he is the enabler, and he is the second party in the contract, and without him, right?
The student: It did not become…
The Shaykh : It did not become riba; without him, it would not have become riba, so he is a partner to the eater in this forbidden contract. Indeed, the Messenger (peace and blessings be upon him) cursed its two witnesses and its writer, and that is so that people would disavow it, from riba, and stay away from it and not practice it in any way.
And this resembles what is called today a strike, because if these two contracting parties who are in riba come to a person and say, write the contract for us? He says, I will not write. He comes to the second, he says, I will not write. To the third, I will not write. Okay, a witness, even without writing, come here so-and-so, witness for us, he says: I will not witness. This is the strike in reality, meaning no one helps them, the riba-takers.
And this witness or writer, may Allah protect us, did not benefit; he did not benefit except the curse, which is expulsion and distance from the mercy of Allah, so he is a loser in his religion and his worldly life. Just as the one who eats riba and the one who feeds it are losers in their religions and their worldly lives. As for the one who eats riba, if you reflect, you will find that those who eat riba are afflicted with poverty, either tangible poverty or intangible poverty. Tangible poverty is that Allah wipes out his wealth, calamities come to him, or they sell to people who go bankrupt and their money is lost, or intangible poverty such that their hearts are not satisfied with the world, so they have accumulated wealth but their hearts are barren of wealth, may Allah protect us. This is a poverty more severe than tangible poverty; the poor person has tangible poverty that is at ease for the heart, but this one is not at ease in his heart, may Allah protect us.
And as for the one who feeds riba, he is also a loser in this world, because the majority of those who become accustomed to riba and take it lightly, the majority of them, when debt comes upon him and he has nothing, he goes to take another riba debt, and then the debts accumulate upon him until they wipe out his wealth, and this is something tested and something observed.
He also says:
The one who tattoos and the one who gets tattooed
والواشمة والمستوشمةThe questioner : Shaykh?
The Shaykh : Yes.