A Note on a Mistake Made by the Shaykh in the Meaning of the Previous Hadith of Ibn Mas'ud (may Allah be pleased with him), with Mention of Additional Benefits of This Hadith.
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The Shaykh : Before we begin explaining this hadith, I would like to point out a mistake we made in the previous example regarding the hadith of Ibn Mas'ud. Yes, perhaps you noticed it. Here, the buyer and the seller, the buyer and the seller, disagreed about the amount of the price. The seller said it was one hundred, and the buyer said it was eighty. Is that right, or not? Who is claiming the increase?
The student: The seller.
The Shaykh : The seller. The one claiming the increase is the seller. And on this basis, he is the claimant; he becomes the claimant. And as I think, we mentioned that the one claiming the increase is the buyer?
The student: Yes.
The Shaykh : Yes.
The student: ...
The Shaykh : Huh?
The student: Yes, we mentioned that.
The Shaykh : Okay, no, no, we mentioned three opinions regarding who is the claimant. As for the... claim of the increase, there is no doubt that the claimant is the seller; the one claiming it is the seller. But we mentioned the disagreement regarding who is the claimant in this case.
The student: ...
The Shaykh : No, no.
The student: ...
The Shaykh : Yes?
The student: ...
The Shaykh : How?
The student: ... I said the buyer.
The Shaykh : Yes, indeed.
The student: No, the seller.
The Shaykh : I say there was a slip of the tongue.
The student: Yes.
The Shaykh : The correct answer is that the seller is the claimant. Is that right, or not?
The student: Yes.
The Shaykh : Because he claims the increase; he claims the increase. After that, in the second scenario, it is the opposite. If you read it, you are the one who wrote it?
The student: ...
The Shaykh : Okay, read it.
The student: The first opinion... he said: "They differed in this issue"...
The Shaykh : What is the issue?
The student: The one that is ten and eight.
The Shaykh : Read from the beginning.
The student: Read from the beginning. Okay, he says: "But the issue here is if they differ, such as if the seller says, 'I sold it to you for ten,' and the buyer says, 'No, for eight.' Here, the seller claims that they agreed on eight and differed on ten. So here, do we say the word of the seller is accepted, or do we say the word of the buyer is accepted because he is the one against whom the claim is made? There is disagreement on this. Some preferred the oath for the one against whom the claim is made, saying here the buyer is the one against whom the claim is made because he claimed against him that the price was ten. So his word is accepted, and he is made to swear that it was not ten, and it becomes his. And some say the word of the seller is accepted because the buyer is the claimant. The reason they said he is a claimant is that he claimed that the seller removed it from his ownership for eight, and the original state is the continuation of the seller's ownership. The seller says, 'I did not sell it except for ten,' and the buyer says, 'No, you sold it for eight.' So he is a claimant. And in that case, both hadiths are true in this scenario, because this hadith has a statement about what the seller says, and according to the hadith 'The proof is on the claimant.' But the scholars differed in this issue. Some said the word of the seller is accepted based on this hadith, and said that the meaning of the hadith:Bulugh al-Maram 1423 matches this ruling, because the buyer claims that the seller removed it from his ownership for eight, and the buyer denies it". We mentioned this.
The Shaykh : Correct.
The student: And the buyer denies it.
The Shaykh : Yes.
The student: Because the buyer...
The Shaykh : Because the seller...
The student: He said: "Because the buyer claims that the seller removed it from his ownership for eight, and the buyer denies it".
Another student: And the seller denies it.
Another student: And the seller denies it.
The Shaykh : Okay, correct it: the seller denies it.
The student: "Because the original state is the continuation of ownership for the seller".
The Shaykh : So write "and the seller denies it" instead of "and the buyer denies it." Whoever has this should correct the tape, and whoever does not have it, whoever wrote it, should correct his writing. Okay.
The student: ...
The Shaykh : It says the Messenger of Allah prohibited the price of what? ...
The student: ... We did not finish the benefits.
The Shaykh : What?
The student: The benefits...
The Shaykh : What did you take?
The student: Acting upon the proof...
The Shaykh : What? Permissibility?
The student: ...
The Shaykh : With the return?
The student: With the return.
The Shaykh : With the return, yes.
The student: Returning to the original state.
The Shaykh : Returning to the original state, yes.
The fourth benefit from the benefits of the hadith. So we continue. One of the benefits of the hadith is that if the two parties in a sale differ and one of them has proof, the word of the one with the proof is accepted, based on his saying:
And another benefit of the hadith is that all differences are referred back to the word of the seller. If the buyer is satisfied with that, otherwise the sale is annulled. This is the apparent meaning of the hadith. But this hadith is not to be taken at its apparent meaning by consensus. There are issues in it where the word of the seller is not accepted by agreement. And on this basis, the generality of this hadith is restricted by what? It is restricted by other evidences, by other evidences. And the rule is that everyone who claims against the original state is a claimant. This rule: everyone who claims against the original state is a claimant who needs proof, and everyone who holds to the original state is a denier, and upon him is the oath, and upon him is the oath. This is the rule. This hadith is applied together with the hadith:Bulugh al-Maram 1423 It is applied on this principle, and this principle is a great principle indicated by many texts from the Book and the Sunnah.
The student: The seller.
The Shaykh : The seller. The one claiming the increase is the seller. And on this basis, he is the claimant; he becomes the claimant. And as I think, we mentioned that the one claiming the increase is the buyer?
The student: Yes.
The Shaykh : Yes.
The student: ...
The Shaykh : Huh?
The student: Yes, we mentioned that.
The Shaykh : Okay, no, no, we mentioned three opinions regarding who is the claimant. As for the... claim of the increase, there is no doubt that the claimant is the seller; the one claiming it is the seller. But we mentioned the disagreement regarding who is the claimant in this case.
The student: ...
The Shaykh : No, no.
The student: ...
The Shaykh : Yes?
The student: ...
The Shaykh : How?
The student: ... I said the buyer.
The Shaykh : Yes, indeed.
The student: No, the seller.
The Shaykh : I say there was a slip of the tongue.
The student: Yes.
The Shaykh : The correct answer is that the seller is the claimant. Is that right, or not?
The student: Yes.
The Shaykh : Because he claims the increase; he claims the increase. After that, in the second scenario, it is the opposite. If you read it, you are the one who wrote it?
The student: ...
The Shaykh : Okay, read it.
The student: The first opinion... he said: "They differed in this issue"...
The Shaykh : What is the issue?
The student: The one that is ten and eight.
The Shaykh : Read from the beginning.
The student: Read from the beginning. Okay, he says: "But the issue here is if they differ, such as if the seller says, 'I sold it to you for ten,' and the buyer says, 'No, for eight.' Here, the seller claims that they agreed on eight and differed on ten. So here, do we say the word of the seller is accepted, or do we say the word of the buyer is accepted because he is the one against whom the claim is made? There is disagreement on this. Some preferred the oath for the one against whom the claim is made, saying here the buyer is the one against whom the claim is made because he claimed against him that the price was ten. So his word is accepted, and he is made to swear that it was not ten, and it becomes his. And some say the word of the seller is accepted because the buyer is the claimant. The reason they said he is a claimant is that he claimed that the seller removed it from his ownership for eight, and the original state is the continuation of the seller's ownership. The seller says, 'I did not sell it except for ten,' and the buyer says, 'No, you sold it for eight.' So he is a claimant. And in that case, both hadiths are true in this scenario, because this hadith has a statement about what the seller says, and according to the hadith 'The proof is on the claimant.' But the scholars differed in this issue. Some said the word of the seller is accepted based on this hadith, and said that the meaning of the hadith:
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 Shaykh : Correct.
The student: And the buyer denies it.
The Shaykh : Yes.
The student: Because the buyer...
The Shaykh : Because the seller...
The student: He said: "Because the buyer claims that the seller removed it from his ownership for eight, and the buyer denies it".
Another student: And the seller denies it.
Another student: And the seller denies it.
The Shaykh : Okay, correct it: the seller denies it.
The student: "Because the original state is the continuation of ownership for the seller".
The Shaykh : So write "and the seller denies it" instead of "and the buyer denies it." Whoever has this should correct the tape, and whoever does not have it, whoever wrote it, should correct his writing. Okay.
The student: ...
The Shaykh : It says the Messenger of Allah prohibited the price of what? ...
The student: ... We did not finish the benefits.
The Shaykh : What?
The student: The benefits...
The Shaykh : What did you take?
The student: Acting upon the proof...
The Shaykh : What? Permissibility?
The student: ...
The Shaykh : With the return?
The student: With the return.
The Shaykh : With the return, yes.
The student: Returning to the original state.
The Shaykh : Returning to the original state, yes.
The fourth benefit from the benefits of the hadith. So we continue. One of the benefits of the hadith is that if the two parties in a sale differ and one of them has proof, the word of the one with the proof is accepted, based on his saying:
And there is no proof between them
وليس بينهما بيّنةAnd another benefit of the hadith is that all differences are referred back to the word of the seller. If the buyer is satisfied with that, otherwise the sale is annulled. This is the apparent meaning of the hadith. But this hadith is not to be taken at its apparent meaning by consensus. There are issues in it where the word of the seller is not accepted by agreement. And on this basis, the generality of this hadith is restricted by what? It is restricted by other evidences, by other evidences. And the rule is that everyone who claims against the original state is a claimant. This rule: everyone who claims against the original state is a claimant who needs proof, and everyone who holds to the original state is a denier, and upon him is the oath, and upon him is the oath. This is the rule. This hadith is applied together with the hadith: