Discussion on the meaning of the hadith: (When the two parties in a sale disagree and there is no evidence between them . . . ).
Machine translationRead the Arabic original
The Shaykh : Upon our Prophet Muhammad, and upon his family and all his Companions ...
The discussion .... Mansur, good, the Messenger of Allah (peace and blessings be upon him) said So who are the two intended?
The student : The seller and the buyer.
The Shaykh : How is it correct to say "the two parties in a sale" when one is a seller and the other is a buyer.
The student : ... the predominance
The Shaykh : From the category of predominance, does it have a parallel in the Arabic language? Yes. Yes
The student : Like the two moons, O Shaykh.
The Shaykh : The two moons: the sun and the moon.
The student: ...
The Shaykh : Yes
The student : And the two parents
The Shaykh : And the two parents?
The student : The mother and the father.
The Shaykh : And the two dwellers?
The student: ...
The Shaykh : Yes, that's right, good, but that's enough, that's enough, yes, good. It is said "shara" and "ash-tara," which one is the seller, O Bandar? "Shara" or "ash-tara"?
The student : "Shara."
The Shaykh : Yes, "shara" is the seller.
The student : "Shara" is the seller.
The Shaykh : Yes, and "ash-tara"?
The student : He is the buyer.
The Shaykh : He is the buyer, correct?
The student: Yes.
The Shaykh : Good, Allah the Exalted said:[Al-Baqarah 2:207] meaning he sells himself [Al-Baqarah 2:207] Good, the Messenger of Allah (peace and blessings be upon him) said: What is the evidence, O 'Abd al-Wahhab?
The student : The evidence?
The Shaykh : Yes.
The student: ...
The Shaykh : What is its general meaning?
The student : Two men.
The Shaykh : What is its general meaning?
The student: ...
The Shaykh : The general meaning, Fahd?
The student : Everything that clarifies the truth and makes it apparent
The Shaykh : Correct, everything that clarifies the truth and makes it apparent, and for this reason we called the signs of the prophets, yes? Evidence, meaning there are no witnesses but ... it reveals the truth. Good, what is the evidence for money? Yes, that's right.
The student : The evidence for money according to the school of thought is two men, or one man and two women, or one man and the oath of the claimant.
The Shaykh : Good, well done, this is the evidence for money. Good, he (peace and blessings be upon him) said:Sunan an-Nasa'i 4648Hasan (Darussalam) Who is the owner of the goods in the hadith? The brother?
The student : The seller.
The Shaykh : The seller, is there another opinion?
The student: I do not know.
The Shaykh : You don't know, well done, yes?
The student : It was said the buyer.
The Shaykh : It was said the buyer because the goods are now in his hand, so he is the owner of the goods, is that right? Which one ... from the hadith, O Khalid?
The student : ... the seller because there is another narration that explains this word to mean that he is the seller.
The Shaykh : Yes, well done, so the stronger opinion is that the intended meaning of the owner of the goods is the seller because another narration explains it. Good, his saying what does it mean, O Husayn?
The student : They cancel the contract.
The Shaykh : They cancel the contract, give me an example of that that applies to the hadith?
The student : A person bought a good from a man worth one hundred riyals, so when he came to take the good ... the buyer said it was for one hundred ... according to the seller ...
The Shaykh : Correct?
The student: ...
The Shaykh : Yes, good, the apparent meaning of the hadith is that this includes all types of disagreements, is it on its apparent meaning or is it specific to some cases? Yes, O Shaker?
The student: It is specific.
The Shaykh : Huh?
The student : By the other hadith, the hadith of the Prophet (peace and blessings be upon him)Sunan ad-Daraqutni 14:81.
The Shaykh : Well done, good, so we say this is not on its generality. What specifies its generality? It is specified by:Bulugh al-Maram 1423 Clear? Good, do we start the lesson now?
The student: ...
The Shaykh : He said: " And from Abu Mas'ud al-Ansari (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) prohibited:Sunan Ibn Majah 2159Sahih (Darussalam) . Agreed upon by al-Bukhari and Muslim "
His saying: The prohibition is a request to refrain in a manner of superiority.
The discussion .... Mansur, good, the Messenger of Allah (peace and blessings be upon him) said
When the two parties in a sale disagree
إذا اختلف المتبايعانThe student : The seller and the buyer.
The Shaykh : How is it correct to say "the two parties in a sale" when one is a seller and the other is a buyer.
The student : ... the predominance
The Shaykh : From the category of predominance, does it have a parallel in the Arabic language? Yes. Yes
The student : Like the two moons, O Shaykh.
The Shaykh : The two moons: the sun and the moon.
The student: ...
The Shaykh : Yes
The student : And the two parents
The Shaykh : And the two parents?
The student : The mother and the father.
The Shaykh : And the two dwellers?
The student: ...
The Shaykh : Yes, that's right, good, but that's enough, that's enough, yes, good. It is said "shara" and "ash-tara," which one is the seller, O Bandar? "Shara" or "ash-tara"?
The student : "Shara."
The Shaykh : Yes, "shara" is the seller.
The student : "Shara" is the seller.
The Shaykh : Yes, and "ash-tara"?
The student : He is the buyer.
The Shaykh : He is the buyer, correct?
The student: Yes.
The Shaykh : Good, Allah the Exalted said:
And of the people is he who sells himself
ومن الناس من يشري نفسهseeking means to the approval of Allah
ابتغاء مرضات اللهAnd there is no evidence between them
وليس بينهما بيّنةThe student : The evidence?
The Shaykh : Yes.
The student: ...
The Shaykh : What is its general meaning?
The student : Two men.
The Shaykh : What is its general meaning?
The student: ...
The Shaykh : The general meaning, Fahd?
The student : Everything that clarifies the truth and makes it apparent
The Shaykh : Correct, everything that clarifies the truth and makes it apparent, and for this reason we called the signs of the prophets, yes? Evidence, meaning there are no witnesses but ... it reveals the truth. Good, what is the evidence for money? Yes, that's right.
The student : The evidence for money according to the school of thought is two men, or one man and two women, or one man and the oath of the claimant.
The Shaykh : Good, well done, this is the evidence for money. Good, he (peace and blessings be upon him) said:
as the owner of the goods says
ما يقول ربّ السّلعةThe student : The seller.
The Shaykh : The seller, is there another opinion?
The student: I do not know.
The Shaykh : You don't know, well done, yes?
The student : It was said the buyer.
The Shaykh : It was said the buyer because the goods are now in his hand, so he is the owner of the goods, is that right? Which one ... from the hadith, O Khalid?
The student : ... the seller because there is another narration that explains this word to mean that he is the seller.
The Shaykh : Yes, well done, so the stronger opinion is that the intended meaning of the owner of the goods is the seller because another narration explains it. Good, his saying
Or they leave it
أو يتتاركانThe student : They cancel the contract.
The Shaykh : They cancel the contract, give me an example of that that applies to the hadith?
The student : A person bought a good from a man worth one hundred riyals, so when he came to take the good ... the buyer said it was for one hundred ... according to the seller ...
The Shaykh : Correct?
The student: ...
The Shaykh : Yes, good, the apparent meaning of the hadith is that this includes all types of disagreements, is it on its apparent meaning or is it specific to some cases? Yes, O Shaker?
The student: It is specific.
The Shaykh : Huh?
The student : By the other hadith, the hadith of the Prophet (peace and blessings be upon him)
The evidence is on the one who claims, and the oath is on the one who denies
البيّنة على من ادّعي واليمين على من أنكرThe Shaykh : Well done, good, so we say this is not on its generality. What specifies its generality? It is specified by:
But the proof (Bayyinah) lies on the one who is making the claim, and the other (Yamin) must be taken by the one who rejects the claim.
البيّنة على المدّعي واليمين على من أنكرThe student: ...
The Shaykh : He said: " And from Abu Mas'ud al-Ansari (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) prohibited:
the price of a dog, the payment (given to a prostitute) and the payment made to a soothsayer
عن ثمن الكلب ، ومهر البغي ، وحلوان الكاهنHis saying: