Explanation of the Book of Sales-02
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The Shaykh : Then he said: "And from Abu Mas'ud al-Ansari (may Allah be pleased with him): Muwatta Malik 31:70" We said, is the prohibition?
The student: The request for abstention.
The Shaykh : The request for abstention in a manner of superiority, the request for abstention in a manner of superiority, using the present tense verb accompanied by "la," we must qualify it, because if we did not qualify it, the statement of one who says "avoid such and such" would be a prohibition, even though it is not a prohibition but rather a command to avoid it. But if you say "do not do such and such," that is the prohibition. And based on this, we say in the definition: The request for abstention in a manner of superiority using a specific form, which is the present tense verb accompanied by the prohibitive "la." We qualified it with this so that the command to leave off, or to avoid, or something similar does not enter into it, for this is not called a prohibition in technical terminology, even if its meaning implies it. He said:Sunan Abi Dawud 3483Sahih (Al-Albani) It is said "thaman" (price) and it is said "qimah" (value). It is said "thaman" and it is said "qimah." Is there a difference between them? The answer is yes. The "thaman" is what the contract is concluded upon, and the "qimah" is what the thing is valued at among the general public, among the general public. The "thaman," what is it?
The student: What the contract is concluded upon.
The Shaykh : What the contract is concluded upon, and the "qimah" is what the thing is valued at among the general public. An example of that: I bought this book from you for ten. This is called a "thaman." If we went back to the book in the market and found it to be worth eight, the "qimah"?
The student: Eight.
The Shaykh : Eight. If we went back to it and it was worth twelve, the "qimah" is twelve. Is that clear?
The student: It is clear.
The Shaykh : So whatever its value is among the general people is called "qimah," and whatever the contract is concluded upon is called "thaman." So "from the price of the dog" means from the sale contract upon it that includes the price, from the sale contract upon it that includes the price. And we said this for a benefit we will mention, if Allah wills, in the benefits, which is: if the dog is destroyed, is it guaranteed by its value or not?
Good. And his saying "the dog" is a known animal, a predator that hunts. Yes, and it is the filthiest and most impure of animals, because its impurity requires seven washings, one of which with soil. The pig is like the other animals, until the impurity is removed without the seven washings and without soil. And his saying "the dog," the "al" here is for generality, so it includes every dog, whether it is black or not black, marked or not marked, permissible to keep or not permissible to keep, because the hadith is general: "the price of the dog," general for every dog.
He said:, , "al-baghi" is a form meaning the doer, and what is meant by it is the fornicator. The "ta" was removed from it because the description is specific to her, just as the "ta" was removed from "al-murdi'ah" (the nursing woman) and "al-hamil" (the pregnant woman) who has a child in her womb, unlike "al-hamila" who carries something on her head. For this reason, a distinction is made between the statement of one who says "my wife is hamila" and "my wife is hamil." If it is said "my wife is hamil," it means she has a known child in her womb. If I say "my wife is hamila"?
The student: ...
The Shaykh : The questioner will say, what is she carrying? Yes, good. So, we say "al-baghi" is the fornicating woman, and the "ta" was removed because the description is specific to her. And "al-bagha'" is fornication. Allah the Exalted said:[An-Nur 24:33] And "the fee of the prostitute" means by that the wage of fornication, means by that the wage of fornication. And it was called "mahr" (bridal gift) because it is given to the fornicator in exchange for enjoying her, so it resembles the "mahr" that a man gives in a valid marriage.
He said: "The reward of the soothsayer" means his gift, and it is what is given to the soothsayer for his soothsaying. And it was called "hulwan" (sweetness/reward) derived from "sweet" because it earns him without effort and without hardship, so it is sweet in its acquisition. And the soothsayer is one who practices soothsaying, and he is the one who informs about the unseen, the one who informs about the unseen. This is the soothsayer. For example, he might say to a person: "A child will come to you," "You will win such and such today," "Such and such will happen in a few days," and the like of knowledge of the unseen. And the soothsayers were known in the pre-Islamic age of ignorance, and people would go to them for judgment because they brought knowledge of the unseen that reality matched. For each one of them had a jinn who would ascend to the sky to listen to the news of the sky, then descend with it to his companion on earth. He would take from it what he took and add to it what he added, and he would inform the people. So if he was correct in one word out of ten, they would honor him and make him a judge between them. Look, Satan and the Messenger (peace and blessings be upon him) came with the truth one hundred percent, and yet they cast it aside and lied about it. And these soothsayers to whom the devils descended were honored by them, and they would go to them for judgment, and they would give them, they would give them when going to them for judgment what they gave them as a fee. And it is called? The reward of the soothsayer. So the Messenger (peace and blessings be upon him) prohibited the reward of the soothsayer. Is the prohibition here for the giver or the taker? He prohibited the price of the dog, meaning he prohibited giving a price for the dog or taking it?
The student: Both.
The Shaykh : Huh?
The student: ...
The Shaykh : Who will benefit?
The student: ...
The Shaykh : Both of them will benefit, is that not so? But the one who benefits from the price is the taker, the taker of the price. So the prohibition is directed at him directly, but it includes the seller because he assists him in falsehood. And the one who assists in falsehood is a partner in its doer. For this reason, the Prophet (peace and blessings be upon him) cursed the one who eats riba (usury or interest) and the one who gives it. So, for example, the one prohibited in the original sense, the prohibition in the original sense is directed at whom?
The student: The taker.
The Shaykh : The taker, he is the one who takes the price, and he is the buyer. But the giver, who is the seller, enters from the angle that he helped this one and assisted him in the forbidden thing.
The student: ... The taker is the seller, O Shaykh.
The Shaykh : Yes, correct, Subhan Allah! The dog is now with Zayd, 'Amr bought it from him and gave him the price. We have a taker and a giver. Who is the taker?
The student: ...
The Shaykh : The taker of the price is the seller, the taker is the seller and the giver is the buyer. And the taker of the dog is the buyer, and the one given to is the seller. The hadith is about the price of the dog, so who takes the price?
The student: The seller.
The Shaykh : It is the seller.
The student: ...
The Shaykh : Good, in any case...
The student: The person takes its price.
The Shaykh : Now we say the seller is the one who takes the price, is that clear? So the prohibition here is directed at?
The student: The seller.
The Shaykh : The seller in the original sense, but the buyer is prevented from it and it is forbidden for him, or he is prohibited from it, because it is from the angle of cooperation in sin and aggression. Good, and likewise, the fee of the prostitute, from whom is it prohibited?
The student: ...
The Shaykh : Huh? Like the first one? The "mahr," who will benefit from it?
The student: The fornicator.
The Shaykh : The fornicator, so she is the taker. So it is prohibited in the original sense, but that is by cooperation and secondary status. Good, and the reward of the soothsayer?
The student: The soothsayer.
The Shaykh : The soothsayer is the one who will benefit from it, the soothsayer is the one who will benefit from it, and that is from the angle of secondary status and assistance.
that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale price of a dog
أن رسول الله صلى الله عليه وسلم نهى عن ثمن الكلبThe student: The request for abstention.
The Shaykh : The request for abstention in a manner of superiority, the request for abstention in a manner of superiority, using the present tense verb accompanied by "la," we must qualify it, because if we did not qualify it, the statement of one who says "avoid such and such" would be a prohibition, even though it is not a prohibition but rather a command to avoid it. But if you say "do not do such and such," that is the prohibition. And based on this, we say in the definition: The request for abstention in a manner of superiority using a specific form, which is the present tense verb accompanied by the prohibitive "la." We qualified it with this so that the command to leave off, or to avoid, or something similar does not enter into it, for this is not called a prohibition in technical terminology, even if its meaning implies it. He said:
forbade the price paid for a dog
نهى عن ثمن الكلبThe student: What the contract is concluded upon.
The Shaykh : What the contract is concluded upon, and the "qimah" is what the thing is valued at among the general public. An example of that: I bought this book from you for ten. This is called a "thaman." If we went back to the book in the market and found it to be worth eight, the "qimah"?
The student: Eight.
The Shaykh : Eight. If we went back to it and it was worth twelve, the "qimah" is twelve. Is that clear?
The student: It is clear.
The Shaykh : So whatever its value is among the general people is called "qimah," and whatever the contract is concluded upon is called "thaman." So "from the price of the dog" means from the sale contract upon it that includes the price, from the sale contract upon it that includes the price. And we said this for a benefit we will mention, if Allah wills, in the benefits, which is: if the dog is destroyed, is it guaranteed by its value or not?
Good. And his saying "the dog" is a known animal, a predator that hunts. Yes, and it is the filthiest and most impure of animals, because its impurity requires seven washings, one of which with soil. The pig is like the other animals, until the impurity is removed without the seven washings and without soil. And his saying "the dog," the "al" here is for generality, so it includes every dog, whether it is black or not black, marked or not marked, permissible to keep or not permissible to keep, because the hadith is general: "the price of the dog," general for every dog.
He said:
And the fee of the prostitute
ومهر البغيّand the price of a prostitute
ومهر البغيّThe student: ...
The Shaykh : The questioner will say, what is she carrying? Yes, good. So, we say "al-baghi" is the fornicating woman, and the "ta" was removed because the description is specific to her. And "al-bagha'" is fornication. Allah the Exalted said:
And do not compel your slave girls to prostitution
ولا تكرهوا فتياتكم على البغاءHe said:
and the fee of the fortune-teller
وحلوان الكاهنThe student: Both.
The Shaykh : Huh?
The student: ...
The Shaykh : Who will benefit?
The student: ...
The Shaykh : Both of them will benefit, is that not so? But the one who benefits from the price is the taker, the taker of the price. So the prohibition is directed at him directly, but it includes the seller because he assists him in falsehood. And the one who assists in falsehood is a partner in its doer. For this reason, the Prophet (peace and blessings be upon him) cursed the one who eats riba (usury or interest) and the one who gives it. So, for example, the one prohibited in the original sense, the prohibition in the original sense is directed at whom?
The student: The taker.
The Shaykh : The taker, he is the one who takes the price, and he is the buyer. But the giver, who is the seller, enters from the angle that he helped this one and assisted him in the forbidden thing.
The student: ... The taker is the seller, O Shaykh.
The Shaykh : Yes, correct, Subhan Allah! The dog is now with Zayd, 'Amr bought it from him and gave him the price. We have a taker and a giver. Who is the taker?
The student: ...
The Shaykh : The taker of the price is the seller, the taker is the seller and the giver is the buyer. And the taker of the dog is the buyer, and the one given to is the seller. The hadith is about the price of the dog, so who takes the price?
The student: The seller.
The Shaykh : It is the seller.
The student: ...
The Shaykh : Good, in any case...
The student: The person takes its price.
The Shaykh : Now we say the seller is the one who takes the price, is that clear? So the prohibition here is directed at?
The student: The seller.
The Shaykh : The seller in the original sense, but the buyer is prevented from it and it is forbidden for him, or he is prohibited from it, because it is from the angle of cooperation in sin and aggression. Good, and likewise, the fee of the prostitute, from whom is it prohibited?
The student: ...
The Shaykh : Huh? Like the first one? The "mahr," who will benefit from it?
The student: The fornicator.
The Shaykh : The fornicator, so she is the taker. So it is prohibited in the original sense, but that is by cooperation and secondary status. Good, and the reward of the soothsayer?
The student: The soothsayer.
The Shaykh : The soothsayer is the one who will benefit from it, the soothsayer is the one who will benefit from it, and that is from the angle of secondary status and assistance.