Explanation of the Book of Sales-03
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The Shaykh : He said: "And from Jabir ibn 'Abd Allah (may Allah be pleased with them both) that he was on a camel of his that had become exhausted, so he wanted to leave it behind"
His statement:Sahih al-Bukhari 2718, the camel is the male of the camels, and generally the camel is stronger than the she-camel in one aspect, while the she-camel is stronger than it in another aspect. In terms of bearing a load, it is more severe and stronger, but in terms of pleasure, meaning that it remains and labors more, it is the she-camel. This camel was traveling with him on a journey. What is this journey? It was said that it was in the Battle of Tabuk, and it was said that it was in the Battle of Dhat al-Riqa', and that the Messenger (peace and blessings be upon him) caught up with him while he was returning to Madinah. The most correct, as Ibn Hajar verified, is that it was in the Battle of Dhat al-Riqa', because the Prophet (peace and blessings be upon him) asked Jabir in this story: So he clarified to him (may Allah be pleased with him) that he had married a woman who had been married before, because his father had left young daughters, so he wanted to take care of their affairs. This indicates that it was in the Battle of Dhat al-Riqa', because the Battle of Dhat al-Riqa' was one year after Uhud, and it is known that Abu Jabir (may Allah be pleased with him) was martyred at Uhud. And it is known that if his marriage was for the need of his sisters, that he would hasten with this marriage, he would hasten with this marriage. So this supports that it was in the Battle of Dhat al-Riqa'. As for the Battle of Tabuk, it was in the ninth year of the Hijrah, so it is far off.
In any case, specifying the battle as Tabuk or the Battle of Dhat al-Riqa' is not of great importance, but knowing the thing and not knowing it, the important thing is the story.
And his statement: "had become exhausted" means it was tired because it was weak, so he wanted to leave it behind, meaning to abandon it and walk on his feet, or to ride with one of the Companions. The important thing is to leave this camel because it is of no use.
He says: "So the Prophet (peace and blessings be upon him) caught up with me, so he made a supplication for me, and struck it". "Caught up with me" indicates that the Messenger caught up with him while he was lagging behind... the camel. And it indicates that the Messenger (peace and blessings be upon him) was lagging behind, and this is his custom (peace and blessings be upon him) to be among the last of the people to check on the weak and the needy (peace and blessings be upon him).
He says: "So he made a supplication for me and struck it". And this wording is concise because the Messenger (peace and blessings be upon him) asked him, "What is this camel?" and he explained to him its condition and that it had exhausted him, so he ordered him to give him the al-mahjal, meaning the stick, so he gave it to him. Then the Messenger (peace and blessings be upon him) made a supplication for Jabir that Allah would bless his camel, and struck the camel. He says: "So it traveled a journey like which it had never traveled before." It was not walking at first; the exhaustion had exhausted it until Jabir wanted to leave it. He says: "It traveled a journey like which it had never traveled before," until he was holding the reins for him to listen to the Messenger of Allah (peace and blessings be upon him), until it overtook the people. He says: "So he said: Then he asked to buy it for an awqiyah. The awqiyah is forty dirhams. The awqiyah is forty dirhams. And how much is that in our dirhams?
The student: ...
The Shaykh : Huh?
The student: ...
The Shaykh : If we say fifty-six riyals, that is five awqiyahs. Fifty-six for five awqiyahs. So the awqiyah is ten, eleven?
The student: ...
The Shaykh : Eleven, no.
The student: ...
The Shaykh : Let's see. Not five awqiyahs 56, ten awqiyahs fifty, fifty awqiyahs. I mean five awqiyahs 200 dirhams, and 200 dirhams is 56. So what is the ten in terms of awqiyah?
The student : ... not 56 five ...
The Shaykh : Correct, yes, yes, correct. Eleven and five is correct. I was mistaken, 54. Yes, eleven and five, eleven riyals and five riyals. Okay... He says: "Sell it to me for an awqiyah." The awqiyah is 40 dirhams, and we have 200 dirhams, 56 riyals. 200 dirhams, 56 riyals. Is it all 40 dirhams?
The student : Eleven ..
The Shaykh : Eleven and five ..
The student : And five ...
The Shaykh : If ... eleven and fifty-five, or not? If we estimate that it is and fifty-five? Eleven awqiyahs, okay. Eleven riyals and fifty-five, and eleven riyals.
The student : The five.
The Shaykh : The five. So eleven riyals and five. The five is four qirshs. Okay, so this awqiyah is eleven riyals and how much? And four qirshs, twenty halalas. And camels were cheap at that time, meaning they are not like camels in our time.
He says:Sahih Muslim 715m He repeated the request, so he sold it. And the word "sell it to me" from the Messenger (peace and blessings be upon him) is not a command, but it is a command in the sense of an offer, meaning "Do you sell it to me?" Because if it were a command, it would be obligatory for Jabir to obey him, but it is an offer. So it is a command in the sense of an offer. Yes, just as you say to any person, "Sell it to me for such and such." This is not a command, but it is an offer. And this is a benefit that few of the scholars of rhetoric mention, that the command comes in the sense of an offer.
Okay, he says: I stipulated that he would carry it to my family. "Hamlani" is a verbal noun like "ghufrani" (forgiveness), "shukran" (gratitude), "kufran" (ingratitude), and "nukran" (denial), and the like. They are verbal nouns of "hamala" (to carry), "yahmilu" (he carries), "hamlan" (carrying) and "hamlani" (my carrying). And his statement "hamlani" is from the chapter of adding the verbal noun to what?
The student : To its object.
The Shaykh : To its object, yes, pay attention to it!
The student : Its object ...
The Shaykh : Okay, "hamlani." If "hamlani" is to its object as you said, it means that Jabir carries the camel, right? Because if you convert the verbal noun to the verb, "I stipulated that I carry it to my family," is that correct?
The student: No.
The Shaykh : So to its subject, meaning I stipulated that he carry me, I stipulated that he carry me. So it is from the chapter of adding the verbal noun to its subject. Yes, okay. "Hamlani to his family" means to Madinah. "When I reached" means when I arrived in Madinah.Sahih Muslim 715m means he gave it to me in cash. And this narration, as I said, has some conciseness in it, because the longer version is that the Messenger (peace and blessings be upon him) ordered Bilal to weigh the price for him, because it was an awqiyah, and ordered him to weigh it down in the scale. But he attributed it here to the Messenger (peace and blessings be upon him) because Bilal was his agent. And the action of the agent is the action of what?
The student : The principal.
The Shaykh : The principal.
He saysSahih Muslim 715m meaning I departed from the presence of the Messenger (peace and blessings be upon him) because he delivered the sold item and I received the price, and nothing remained due from one to the other.
He says: meaning he sent a person in my pursuit, meaning to follow my trail to invite me to the Messenger (peace and blessings be upon him). So he came to Jabir. And this contains an omission, and it is called in rhetoric conciseness, or conciseness by omission, because his statement is estimated to be "So I came," or after we say something else, "So he sent in my pursuit, so the Messenger informed me of that, so I came." Or it also contains an addition, "So he sent in my pursuit so-and-so to seek me." Yes, when he reached me and informed me, I returned. He said: Sahih Muslim 715m Is the interrogation here for negation or for affirmation?
The student : For negation.
The Shaykh : For negation. Does the Messenger (peace and blessings be upon him) deny that he thinks, he denies that he thinks? Or does he affirm that he thinks?
The student : He denies.
The Shaykh : He affirms that he thinks, even though it is immediate for a person that the Messenger denies. But the Messenger denies the haggling, not the denial of this man's thought that the Messenger haggled with him to take his camel. So here are two things: the man's thought, and this is Jabir's thought (may Allah be pleased with him). Is this affirmed or not affirmed?
The student : Affirmed.
The Shaykh : The haggling to take the camel, this is not affirmed. So the negation is not directed at the haggling to take the camel in the interrogation. Rather, the interrogation is regarding Jabir's thought, meaning "Do you think that I haggled with you to take your camel?" No, I did not haggle with you for that, even though you think this thing. And his statement "Do you think" (tarani), "I think" (tazannuni), and its first object?
The student : The yaa (I).
The Shaykh : The yaa (I), and its second object is the clause "I haggled with you." And haggling is bargaining in the price or the wage or the like, as if he says to you, "I sell it to you for one hundred," and you say, "No, for eighty," for seventy, and so on, until ... from you and from him, and he sells to you.
And his saying: How did he say, "I will take your camel," when he had already sold it to the Messenger (peace and blessings be upon him)? We say: considering what had been the case, and because the haggling took place before the sale contract was concluded, it is... and he is the owner of it.
The student: ...
The Shaykh : Not now, the dirhams exist, yes, but the contract is established. Does a person own the price if it is not specified by designation, or does he own it by the contract? This is a point of disagreement among the jurists, which we will mention, if Allah wills, in the benefits. Yes.
He said: So, what does the pronoun refer to? The camel.
"Agreed upon by al-Bukhari and Muslim, and this wording is from Muslim" This wording is from Muslim. The author informed us, or the author indicated, that this wording is from Muslim, because al-Bukhari's wordings in this hadith differ somewhat from Muslim's wording (may Allah have mercy on him). As you see, the author included this hadith in the Book of Sales because it contains a sale contract, which is the Prophet's (peace and blessings be upon him) purchase of what? The camel from Jabir. It also contains a condition in the sale, which is Jabir's condition that the Prophet carry him on the camel until he reaches Madinah. For this reason, the author placed this hadith in the Book of Sales.
His statement:
While I was riding a (slow) and tired camel
أنّه كان على جمل له قد أعيىDid you get married? He said, Yes. He said, To a virgin or a previously married woman? He said, To a previously married woman. He said, Why not a virgin, so you could play with her and she could play with you?
هل تزوّجت؟ قال نعم، قال: أبكرا أم ثيّبا؟ قال: بل ثيّبا، قال: فهلاّ بكرا تلاعبك وتلاعبها؟In any case, specifying the battle as Tabuk or the Battle of Dhat al-Riqa' is not of great importance, but knowing the thing and not knowing it, the important thing is the story.
And his statement: "had become exhausted" means it was tired because it was weak, so he wanted to leave it behind, meaning to abandon it and walk on his feet, or to ride with one of the Companions. The important thing is to leave this camel because it is of no use.
He says: "So the Prophet (peace and blessings be upon him) caught up with me, so he made a supplication for me, and struck it". "Caught up with me" indicates that the Messenger caught up with him while he was lagging behind... the camel. And it indicates that the Messenger (peace and blessings be upon him) was lagging behind, and this is his custom (peace and blessings be upon him) to be among the last of the people to check on the weak and the needy (peace and blessings be upon him).
He says: "So he made a supplication for me and struck it". And this wording is concise because the Messenger (peace and blessings be upon him) asked him, "What is this camel?" and he explained to him its condition and that it had exhausted him, so he ordered him to give him the al-mahjal, meaning the stick, so he gave it to him. Then the Messenger (peace and blessings be upon him) made a supplication for Jabir that Allah would bless his camel, and struck the camel. He says: "So it traveled a journey like which it had never traveled before." It was not walking at first; the exhaustion had exhausted it until Jabir wanted to leave it. He says: "It traveled a journey like which it had never traveled before," until he was holding the reins for him to listen to the Messenger of Allah (peace and blessings be upon him), until it overtook the people. He says: "So he said:
Sell it to me for an uqiyah. I said, No. Then he said, Sell it to me. So I sold it to him for an uqiyah. He said, Sell it to me. He said, Rather, I give it to you, O Messenger of Allah. He said, Rather, sell it to me.
بعنيه بأوقية، قلت: لا، ثمّ قال: بعنيه، فبعته بأوقية، قال: بعنيه، فقال: بل أهبه لك يا رسول الله، فقال: بل بعنيهThe student: ...
The Shaykh : Huh?
The student: ...
The Shaykh : If we say fifty-six riyals, that is five awqiyahs. Fifty-six for five awqiyahs. So the awqiyah is ten, eleven?
The student: ...
The Shaykh : Eleven, no.
The student: ...
The Shaykh : Let's see. Not five awqiyahs 56, ten awqiyahs fifty, fifty awqiyahs. I mean five awqiyahs 200 dirhams, and 200 dirhams is 56. So what is the ten in terms of awqiyah?
The student : ... not 56 five ...
The Shaykh : Correct, yes, yes, correct. Eleven and five is correct. I was mistaken, 54. Yes, eleven and five, eleven riyals and five riyals. Okay... He says: "Sell it to me for an awqiyah." The awqiyah is 40 dirhams, and we have 200 dirhams, 56 riyals. 200 dirhams, 56 riyals. Is it all 40 dirhams?
The student : Eleven ..
The Shaykh : Eleven and five ..
The student : And five ...
The Shaykh : If ... eleven and fifty-five, or not? If we estimate that it is and fifty-five? Eleven awqiyahs, okay. Eleven riyals and fifty-five, and eleven riyals.
The student : The five.
The Shaykh : The five. So eleven riyals and five. The five is four qirshs. Okay, so this awqiyah is eleven riyals and how much? And four qirshs, twenty halalas. And camels were cheap at that time, meaning they are not like camels in our time.
He says:
I said: No. He again said: Sell it to me. So I sold it to him for an 'uqaya
قلت: لا ثم قال: بعنيه فبعته بأوقيةOkay, he says:
So I sold it to him for an uqiyah and I stipulated that he carry me to my family.
فبعته بأوقيّة واشترطت حملانه إلى أهليThe student : To its object.
The Shaykh : To its object, yes, pay attention to it!
The student : Its object ...
The Shaykh : Okay, "hamlani." If "hamlani" is to its object as you said, it means that Jabir carries the camel, right? Because if you convert the verbal noun to the verb, "I stipulated that I carry it to my family," is that correct?
The student: No.
The Shaykh : So to its subject, meaning I stipulated that he carry me, I stipulated that he carry me. So it is from the chapter of adding the verbal noun to its subject. Yes, okay. "Hamlani to his family" means to Madinah. "When I reached" means when I arrived in Madinah.
I took the camel to him and he paid me its price in ready money
أتيته بالجمل فنقدني ثمنهThe student : The principal.
The Shaykh : The principal.
He says
and he paid me its price in ready money. I then went back
فنقدني ثمنه ثم رجعتHe says:
So he sent someone in my pursuit.
فأرسل في أثريSo he sent someone in my pursuit.
فارسل في أثريDo you see that I asked you to reduce price for buying your camel
أتراني ماكستك لآخذ جملك؟The student : For negation.
The Shaykh : For negation. Does the Messenger (peace and blessings be upon him) deny that he thinks, he denies that he thinks? Or does he affirm that he thinks?
The student : He denies.
The Shaykh : He affirms that he thinks, even though it is immediate for a person that the Messenger denies. But the Messenger denies the haggling, not the denial of this man's thought that the Messenger haggled with him to take his camel. So here are two things: the man's thought, and this is Jabir's thought (may Allah be pleased with him). Is this affirmed or not affirmed?
The student : Affirmed.
The Shaykh : The haggling to take the camel, this is not affirmed. So the negation is not directed at the haggling to take the camel in the interrogation. Rather, the interrogation is regarding Jabir's thought, meaning "Do you think that I haggled with you to take your camel?" No, I did not haggle with you for that, even though you think this thing. And his statement "Do you think" (tarani), "I think" (tazannuni), and its first object?
The student : The yaa (I).
The Shaykh : The yaa (I), and its second object is the clause "I haggled with you." And haggling is bargaining in the price or the wage or the like, as if he says to you, "I sell it to you for one hundred," and you say, "No, for eighty," for seventy, and so on, until ... from you and from him, and he sells to you.
And his saying:
To take your camel.
لآخذ جملكTake your camel and your dirhams.
خذ جملك ودراهمكThe student: ...
The Shaykh : Not now, the dirhams exist, yes, but the contract is established. Does a person own the price if it is not specified by designation, or does he own it by the contract? This is a point of disagreement among the jurists, which we will mention, if Allah wills, in the benefits. Yes.
He said:
So it is yours.
فهو لكSo it is yours.
فهو لك"Agreed upon by al-Bukhari and Muslim, and this wording is from Muslim" This wording is from Muslim. The author informed us, or the author indicated, that this wording is from Muslim, because al-Bukhari's wordings in this hadith differ somewhat from Muslim's wording (may Allah have mercy on him). As you see, the author included this hadith in the Book of Sales because it contains a sale contract, which is the Prophet's (peace and blessings be upon him) purchase of what? The camel from Jabir. It also contains a condition in the sale, which is Jabir's condition that the Prophet carry him on the camel until he reaches Madinah. For this reason, the author placed this hadith in the Book of Sales.