Continuation of the explanation of the hadith: (That the Messenger of Allah (peace and blessings be upon him) forbade the sale of the foal of the foal, and it was a sale that the people of the pre-Islamic age of ignorance used to trade in)
Machine translationRead the Arabic original
The Shaykh : All right, let us now look at the picture mentioned. He says: “It is a sale that the people of the pre-Islamic age of ignorance used to trade in…”
The student: And it was a sale.
The Shaykh :“And it was a sale,” yes, “and it was a sale that the people of the pre-Islamic age of ignorance used to trade in. A man would buy a she-camel until it gave birth, and then the one in its womb would give birth.” Agreed upon.
The sale now, the sale is for a known thing. The sale is for a known thing, but for an unknown duration, for an unknown duration. He says: “until the she-camel gives birth,” meaning it delivers, “and then the one in its womb gives birth,” meaning it delivers. All right, is the birth of the she-camel known or unknown?
The student: Unknown.
The Shaykh : Huh? Unknown, the birth of the one in its womb?
The student: ...
The Shaykh : More unknown and more unknown, so it is also unknown. But what is deferred in this sale? Is the deferred part the sale? Meaning, in the sense that I sell it to you for this period, so in reality it is a lease for an unknown time, and a lease is called a sale? Or is the meaning that it is sold for a price, and the price is deferred until this unknown period?
The student: ...
The Shaykh : Huh? Both?
The student: ...
The Shaykh : Both are correct, both are correct. Meaning, sometimes they defer the sale itself, meaning they conclude the sale, saying, “I sold it to you until the she-camel gives birth, and then the one in its womb gives birth.” The sale period might be ten months or twenty months, or it might be ten years. It is not known when the she-camel will give birth, and when the one in its womb will give birth. This is if we say that the sale itself is deferred. And it may be intended that the price is deferred, meaning that he sold him the thing, he sold him the she-camel in a complete, permanent sale, but what is deferred is?
The student: The price.
The Shaykh : The price. He says, “Do not give me the price until after the she-camel gives birth, and then the one in its womb gives birth.” And both are unknown, both are unknown, or not? So the sale is therefore not valid. So the issue has four forms: The first two forms are that he sells?
The student: The foal of the she-camel.
The Shaykh : The foal of the she-camel, and the second form?
The student: The foal of the foal.
The Shaykh : That he sells the foal of the foal of the she-camel, and this returns to the ambiguity of the object of the contract. The third form is that the sold item is deferred, meaning the period during which the thing becomes the property of the buyer is deferred until when? Until the she-camel gives birth or the one in its womb gives birth, right? Meaning, sometimes this involves... sometimes they sell it until the she-camel gives birth, and sometimes until the one?
The student: In its womb.
The Shaykh : In its womb. Further, the fourth form is that the sale is... but the price is deferred until what?
The student: Unknown.
The Shaykh : Unknown, until the she-camel delivers or until the one in its womb delivers. And all of this is unknown and leads to disputes among people, to excessive uncertainty in a contract, and to regret. Yes.
The reader: In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, Lord of the worlds, and blessings and peace be upon our Prophet Muhammad and upon his family and all his Companions.
The author (may Allah have mercy on him) said: And from Ibn 'Umar (may Allah be pleased with him):Bulugh al-Maram 7:18
The Shaykh : To whom?
The student: Until the she-camel gives birth.
The Shaykh : A mistake.
The student: ...
The Shaykh : A mistake.
The student: The she-camel gives birth.
The Shaykh : Move it, read the verb and the subject.
The student: Gives birth.
The Shaykh : Is it “tuntij” (it gives birth)?
The student: “Tuntaj” (it is given birth).
The Shaykh : Very well.
The student:Sunan an-Nasa'i 4625Sahih (Darussalam) Agreed upon, and the wording is al-Bukhari’s.
The Shaykh : It is supposed that this does not escape your mind.
The student: ...
The Shaykh : Yes, yes.
The reader: “And from him (may Allah be pleased with him):Muwatta Malik 38:21 Agreed upon.
And from Abu Hurayrah (may Allah be pleased with him) he said:Mishkat al-Masabih 2854 Narrated by Muslim.
And from him (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said:Sahih Muslim 1528a It was narrated by Muslim ".
The Shaykh : Until what?
The student: He measures it.
The Shaykh : “Yaktaluhu” (he measures it)?
The student: “Yaktalahu” (he measures it).
The Shaykh : Yes.
The reader: “And from him he said:Mishkat al-Masabih 2868 Narrated by Ahmad and al-Nasa'i, and al-Tirmidhi and Ibn Hibban graded it as authentic. And for Abu Dawud: Sunan Abi Dawud 3461Hasan (Al-Albani)”
The Shaykh : No one speaks, it is he. Yes.
The reader: "Sunan Abi Dawud 3461Hasan (Al-Albani) ".
The Shaykh : What?
The reader: So for him is the worst of both.
The Shaykh : “Awkaskhumā” (the worst of both)? Why is it built on sukun (vowelless)?
The student: ...
The Shaykh : Huh?
The student: ...
The Shaykh : The sin, why did you make it sukun (vowelless)? Huh?
The student: “Awkaskhumā” (the worst of both).
The Shaykh : With the nominative case?
The student: Yes.
The Shaykh : Very well.
The reader: “”.
The student: And it was a sale.
The Shaykh :“And it was a sale,” yes, “and it was a sale that the people of the pre-Islamic age of ignorance used to trade in. A man would buy a she-camel until it gave birth, and then the one in its womb would give birth.” Agreed upon.
The sale now, the sale is for a known thing. The sale is for a known thing, but for an unknown duration, for an unknown duration. He says: “until the she-camel gives birth,” meaning it delivers, “and then the one in its womb gives birth,” meaning it delivers. All right, is the birth of the she-camel known or unknown?
The student: Unknown.
The Shaykh : Huh? Unknown, the birth of the one in its womb?
The student: ...
The Shaykh : More unknown and more unknown, so it is also unknown. But what is deferred in this sale? Is the deferred part the sale? Meaning, in the sense that I sell it to you for this period, so in reality it is a lease for an unknown time, and a lease is called a sale? Or is the meaning that it is sold for a price, and the price is deferred until this unknown period?
The student: ...
The Shaykh : Huh? Both?
The student: ...
The Shaykh : Both are correct, both are correct. Meaning, sometimes they defer the sale itself, meaning they conclude the sale, saying, “I sold it to you until the she-camel gives birth, and then the one in its womb gives birth.” The sale period might be ten months or twenty months, or it might be ten years. It is not known when the she-camel will give birth, and when the one in its womb will give birth. This is if we say that the sale itself is deferred. And it may be intended that the price is deferred, meaning that he sold him the thing, he sold him the she-camel in a complete, permanent sale, but what is deferred is?
The student: The price.
The Shaykh : The price. He says, “Do not give me the price until after the she-camel gives birth, and then the one in its womb gives birth.” And both are unknown, both are unknown, or not? So the sale is therefore not valid. So the issue has four forms: The first two forms are that he sells?
The student: The foal of the she-camel.
The Shaykh : The foal of the she-camel, and the second form?
The student: The foal of the foal.
The Shaykh : That he sells the foal of the foal of the she-camel, and this returns to the ambiguity of the object of the contract. The third form is that the sold item is deferred, meaning the period during which the thing becomes the property of the buyer is deferred until when? Until the she-camel gives birth or the one in its womb gives birth, right? Meaning, sometimes this involves... sometimes they sell it until the she-camel gives birth, and sometimes until the one?
The student: In its womb.
The Shaykh : In its womb. Further, the fourth form is that the sale is... but the price is deferred until what?
The student: Unknown.
The Shaykh : Unknown, until the she-camel delivers or until the one in its womb delivers. And all of this is unknown and leads to disputes among people, to excessive uncertainty in a contract, and to regret. Yes.
The reader: In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, Lord of the worlds, and blessings and peace be upon our Prophet Muhammad and upon his family and all his Companions.
The author (may Allah have mercy on him) said: And from Ibn 'Umar (may Allah be pleased with him):
Allah's Messenger (ﷺ) forbade the transaction called 'Habalal-Habalah" which was one entered into in the Jahiliya era, whereby a man bought a she-camel which was to be the
أن رسول الله صلى الله عليه وسلم نهى عن بيع حبل الحبلة، وكان بيعا يبتاعه أهل الجاهلية كان الرجل يبتاع الجزور إلى أن تنتج الناقة ثم ..The Shaykh : To whom?
The student: Until the she-camel gives birth.
The Shaykh : A mistake.
The student: ...
The Shaykh : A mistake.
The student: The she-camel gives birth.
The Shaykh : Move it, read the verb and the subject.
The student: Gives birth.
The Shaykh : Is it “tuntij” (it gives birth)?
The student: “Tuntaj” (it is given birth).
The Shaykh : Very well.
The student:
but he would wait until the she-camel had produced offspring and the offspring in her belly had then produced offspring.
إلى أن تنتج الناقة، ثمّ تنتج التي في بطنها.The Shaykh : It is supposed that this does not escape your mind.
The student: ...
The Shaykh : Yes, yes.
The reader: “And from him (may Allah be pleased with him):
that the Messenger of Allah, may Allah bless him and grant him peace, forbade selling or giving away the wala'.
أن رسول الله صلى الله عليه وسلم نهى عن بيع الولاء، وعن هبتهAnd from Abu Hurayrah (may Allah be pleased with him) he said:
God’s Messenger forbade a transaction determined by throwing stones 1 , and the type which involves some uncertainty 2 .
نهى رسول الله صلى الله عليه وسلم عن بيع الحصاة، وعن بيع الغرر.And from him (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said:
He who bought foodgrain should not sell it until he had measured it.
من اشترى طعاما فلا يبعه حتى يكتاله.The Shaykh : Until what?
The student: He measures it.
The Shaykh : “Yaktaluhu” (he measures it)?
The student: “Yaktalahu” (he measures it).
The Shaykh : Yes.
The reader: “And from him he said:
God’s Messenger forbade two transactions combined in one
نهى رسول الله صلى الله عليه وسلم عن بيعتين في بيعة.If anyone makes two transactions combined in one bargain, he should have the lesser of the two
من باع بيعتين في بيعة فله أوكسهماThe Shaykh : No one speaks, it is he. Yes.
The reader: "
If anyone makes two transactions combined in one bargain, he should have the lesser of the two
من باع بيعتين في بيعة فله أوكسهماThe Shaykh : What?
The reader: So for him is the worst of both.
The Shaykh : “Awkaskhumā” (the worst of both)? Why is it built on sukun (vowelless)?
The student: ...
The Shaykh : Huh?
The student: ...
The Shaykh : The sin, why did you make it sukun (vowelless)? Huh?
The student: “Awkaskhumā” (the worst of both).
The Shaykh : With the nominative case?
The student: Yes.
The Shaykh : Very well.
The reader: “