And it is narrated from him that the Messenger of Allah (peace and blessings be upon him) forbade the sale of the fetus of the fetus, and this was a type of sale practiced by the people of the pre-Islamic age of ignorance.
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The Shaykh : And it is narrated from him (may Allah be pleased with him), from Ibn 'Umar: Musnad Ahmad 394Sahih (Darussalam) Sunan Ibn Majah 2197Sahih (Darussalam)
"Habl" means fetus, and "habalah" means pregnant females, because "habalah" is the plural of "habil," just as "kamil" and "kumala," "sahir" and "suhara," and "kahin" and "kuhana." So, is "habalah" a plural?
The student: "Habil."
The Shaykh : "Habil," and "habil" is the pregnant female, and it does not take the feminine marker (ta) because a description that is specific to the female does not require the ta, since the ta is used to distinguish between the masculine and the feminine. What is specific to the feminine does not need the distinguishing ta. For this reason, we say "ha'id" (menstruating woman) and not "ha'idah," right?
The student: Yes.
The Shaykh : And we say "marid" (nursing woman) and not "maridah." At that point, we need to answer regarding the saying of the Exalted:[Al-Hajj 22:2] The scholars said that "maridah" here does not mean the description, but rather the action, meaning that the one who is nursing and has her child at her breast is distracted from it, unlike the "marid" whose description is nursing but who has no one... she is not nursing anyone, there is no one with her, so we cannot say she is distracted from it. In any case, what did we say about "habalah"? It is the plural of "habil." And has it been mentioned in the Arabic language that "habil" is pluralized as "fa'alah"? "Fa'il" as "fa'alah"?
The student: Yes.
The Shaykh : For example?
The student: "Sahir."
The Shaykh : "Sahir" and "suhara," "kahin" and "kuhana," "kamil" and "kumala." Good.
"Habl al-habalah," if we take the apparent meaning of the words, if we take the apparent meaning of the words, then the apparent meaning of the words allows for two interpretations:
The first interpretation is that it means the sale of the fetus of the pregnant females, the sale of the fetus of the pregnant females, meaning the fetus of the pregnant female. So the prohibition is regarding the sale of the fetus in the womb... like this, Ghanim? The prohibition is regarding the sale of the fetus in the womb. And it allows for another interpretation: the sale of "habl al-habalah," meaning the fetus of the fetuses, the fetus of the fetuses. So the prohibition is regarding the sale of the fetus of the fetus, right?
The student: "Fetus."
The Shaykh : And if it is born female and becomes pregnant, it is forbidden to sell her offspring, or to sell the fetus of this fetus in the womb. And this interpretation necessitates that the fetus in the womb be...?
The student: "Female."
The Shaykh : Then she becomes pregnant, and then we sell her fetus. Do you understand now?
The student: Yes.
The Shaykh : Good, then.
The student: No, I didn't understand.
The Shaykh : Good, what does not contradict the first? "Habl al-habalah" means the fetus of the pregnant females, meaning the sale of the fetus in the mother's womb. Is this clear or not?
The student: It is clear.
The Shaykh : And this is called the fetus of the pregnant females. The second is regarding the fetus of the carried one, the fetus of the fetus, meaning the carried one. And according to this interpretation, you sell the fetus of the fetus in the womb, so we assume that this fetus in the womb is female, then she becomes pregnant, and then he sells her fetus, or not?
The student: Yes, indeed.
The Shaykh : Good, let us suppose that a person has a sheep named...?
The student: ...
The Shaykh : Hayla, her name is Hayla, and she has a fetus in her womb. So I sell the fetus in Hayla's womb, right? Is it permissible or not?
The student: No.
The Shaykh : It is not permissible. Is this the first interpretation or the second?
The student: The first.
The Shaykh : The first interpretation. Good. The second interpretation is that I sell the fetus of the one in Hayla's womb, the fetus in her belly?
The student: ...
The Shaykh : Yes? And the one in her belly gave birth, and we named her Radiyyah, yes. So I sell Radiyyah's fetus. Is it clear now or not?
The student: Clear.
The Shaykh : Good, this is not permissible, this is not permissible. What is the reason for the prohibition in the first interpretation?
The student: Uncertainty.
The Shaykh : Uncertainty, the uncertainty is apparent... the uncertainty is apparent. This fetus in the womb, we do not know if it is male or female, right? We do not know if it is one or multiple. We do not know if it will be born alive or dead. These are three possibilities, all of which are excessive uncertainty in a contract. For this reason, the sale of the fetus is forbidden. If it is Radiyyah's fetus? Right... it becomes more severe, it becomes more severe because we do not know if the one in Hayla's belly is Radiyyah or not, right? We do not know if it is male or female. Then, assuming it is female, we also do not know if she will become pregnant. First, we do not know if she will grow up or not, and bring forth a child or become pregnant. And if she becomes pregnant, the possibilities that occur in the mother's womb apply: alive or dead, male or female, one or multiple. So the operative cause of the ruling is uncertainty, uncertainty regarding the item being sold, uncertainty regarding the item being sold.
Good, there is another interpretation, which is the one explained by Ibn 'Umar or Nafi': "And it was a sale practiced by the people of the pre-Islamic age of ignorance. A man would buy a she-camel until it gave birth, and then the one in its womb would give birth." It is agreed upon by al-Bukhari and Muslim. First, let us look at this sentence: "And it was a sale practiced by the people of the pre-Islamic age of ignorance"
The people of the pre-Islamic age of ignorance are attributed to the pre-Islamic age of ignorance because all their behavior is based on ignorance. And for this reason, it is said "people of the pre-Islamic age of ignorance" or "religion of the pre-Islamic age of ignorance."
And his saying: "until the she-camel gives birth" means yes: "a man would buy a she-camel" What is a "jazar"? A camel, a camel, whether male or female, small or large. And his saying: "until the she-camel gives birth" How do we parse "the she-camel"?
The student: Passive subject.
The Shaykh : The she-camel is the active subject...
The student: Passive subject.
The Shaykh : The she-camel is the active subject, may Allah reward you. The she-calam is the active subject. "Tantaj" is a present tense verb built for the passive in form, but it is for the active subject in reality. Do you know? And the she-camel is the active subject, the she-camel is the active subject. They say this verb was not built for the active subject by the Arabs; they never built it for the active subject, but rather they build it for the passive object. However, the general rule is that what follows it is the active subject. And this is used as a riddle: it is said to us, "a present tense verb with a dammah on the first letter and a fathah on the letter before the last, in the form of the passive voice, and what follows it?"
The student: Active subject.
The Shaykh : Active subject. We say something like this. It is said "nutijat al-naqah" (the she-camel was given birth to), so the she-camel is the active subject. And "tuntaj al-naqah" (the she-camel is giving birth), so the she-camel is the active subject. And there is a small booklet titled: "Ith'af al-Fadil bi al-Fa'l al-Mabni li Ghayr al-Fa'il" (A Gift to the Distinguished One Regarding the Verb Built for Other Than the Active Subject) "Ith'af al-Fadil bi al-Fa'l al-Mabni li Ghayr al-Fa'il" (A Gift to the Distinguished One Regarding the Verb Built for Other Than the Active Subject) In it, he mentioned what he knew of verbs that were reported from the Arabs built for other than the active subject, and the object in them?
The student: Active subject.
The Shaykh : Good, let us now look at the form mentioned. He says: "It is a sale practiced by the people of the pre-Islamic age of ignorance..."
The student: And it was a sale.
The Shaykh :"And it was a sale" Yes, "And it was a sale practiced by the people of the pre-Islamic age of ignorance. A man would buy a she-camel until it gave birth, and then the one in its womb would give birth" It is agreed upon by al-Bukhari and Muslim.
that the Messenger of Allah (ﷺ) forbade selling the offspring of the offspring that is still in the womb of a camel
أن النّبيّ صلى الله عليه وسلم نهى عن بيع حبل الحبلةforbade selling Hablul-Habalah
نهى عن بيع حبل الحبلة"Habl" means fetus, and "habalah" means pregnant females, because "habalah" is the plural of "habil," just as "kamil" and "kumala," "sahir" and "suhara," and "kahin" and "kuhana." So, is "habalah" a plural?
The student: "Habil."
The Shaykh : "Habil," and "habil" is the pregnant female, and it does not take the feminine marker (ta) because a description that is specific to the female does not require the ta, since the ta is used to distinguish between the masculine and the feminine. What is specific to the feminine does not need the distinguishing ta. For this reason, we say "ha'id" (menstruating woman) and not "ha'idah," right?
The student: Yes.
The Shaykh : And we say "marid" (nursing woman) and not "maridah." At that point, we need to answer regarding the saying of the Exalted:
On the Day you see it every nursing mother will be distracted from that [child] she was nursing
يوم تذهل كلّ مرضعة عمّا أرضعتThe student: Yes.
The Shaykh : For example?
The student: "Sahir."
The Shaykh : "Sahir" and "suhara," "kahin" and "kuhana," "kamil" and "kumala." Good.
"Habl al-habalah," if we take the apparent meaning of the words, if we take the apparent meaning of the words, then the apparent meaning of the words allows for two interpretations:
The first interpretation is that it means the sale of the fetus of the pregnant females, the sale of the fetus of the pregnant females, meaning the fetus of the pregnant female. So the prohibition is regarding the sale of the fetus in the womb... like this, Ghanim? The prohibition is regarding the sale of the fetus in the womb. And it allows for another interpretation: the sale of "habl al-habalah," meaning the fetus of the fetuses, the fetus of the fetuses. So the prohibition is regarding the sale of the fetus of the fetus, right?
The student: "Fetus."
The Shaykh : And if it is born female and becomes pregnant, it is forbidden to sell her offspring, or to sell the fetus of this fetus in the womb. And this interpretation necessitates that the fetus in the womb be...?
The student: "Female."
The Shaykh : Then she becomes pregnant, and then we sell her fetus. Do you understand now?
The student: Yes.
The Shaykh : Good, then.
The student: No, I didn't understand.
The Shaykh : Good, what does not contradict the first? "Habl al-habalah" means the fetus of the pregnant females, meaning the sale of the fetus in the mother's womb. Is this clear or not?
The student: It is clear.
The Shaykh : And this is called the fetus of the pregnant females. The second is regarding the fetus of the carried one, the fetus of the fetus, meaning the carried one. And according to this interpretation, you sell the fetus of the fetus in the womb, so we assume that this fetus in the womb is female, then she becomes pregnant, and then he sells her fetus, or not?
The student: Yes, indeed.
The Shaykh : Good, let us suppose that a person has a sheep named...?
The student: ...
The Shaykh : Hayla, her name is Hayla, and she has a fetus in her womb. So I sell the fetus in Hayla's womb, right? Is it permissible or not?
The student: No.
The Shaykh : It is not permissible. Is this the first interpretation or the second?
The student: The first.
The Shaykh : The first interpretation. Good. The second interpretation is that I sell the fetus of the one in Hayla's womb, the fetus in her belly?
The student: ...
The Shaykh : Yes? And the one in her belly gave birth, and we named her Radiyyah, yes. So I sell Radiyyah's fetus. Is it clear now or not?
The student: Clear.
The Shaykh : Good, this is not permissible, this is not permissible. What is the reason for the prohibition in the first interpretation?
The student: Uncertainty.
The Shaykh : Uncertainty, the uncertainty is apparent... the uncertainty is apparent. This fetus in the womb, we do not know if it is male or female, right? We do not know if it is one or multiple. We do not know if it will be born alive or dead. These are three possibilities, all of which are excessive uncertainty in a contract. For this reason, the sale of the fetus is forbidden. If it is Radiyyah's fetus? Right... it becomes more severe, it becomes more severe because we do not know if the one in Hayla's belly is Radiyyah or not, right? We do not know if it is male or female. Then, assuming it is female, we also do not know if she will become pregnant. First, we do not know if she will grow up or not, and bring forth a child or become pregnant. And if she becomes pregnant, the possibilities that occur in the mother's womb apply: alive or dead, male or female, one or multiple. So the operative cause of the ruling is uncertainty, uncertainty regarding the item being sold, uncertainty regarding the item being sold.
Good, there is another interpretation, which is the one explained by Ibn 'Umar or Nafi': "And it was a sale practiced by the people of the pre-Islamic age of ignorance. A man would buy a she-camel until it gave birth, and then the one in its womb would give birth." It is agreed upon by al-Bukhari and Muslim. First, let us look at this sentence: "And it was a sale practiced by the people of the pre-Islamic age of ignorance"
The people of the pre-Islamic age of ignorance are attributed to the pre-Islamic age of ignorance because all their behavior is based on ignorance. And for this reason, it is said "people of the pre-Islamic age of ignorance" or "religion of the pre-Islamic age of ignorance."
And his saying: "until the she-camel gives birth" means yes: "a man would buy a she-camel" What is a "jazar"? A camel, a camel, whether male or female, small or large. And his saying: "until the she-camel gives birth" How do we parse "the she-camel"?
The student: Passive subject.
The Shaykh : The she-camel is the active subject...
The student: Passive subject.
The Shaykh : The she-camel is the active subject, may Allah reward you. The she-calam is the active subject. "Tantaj" is a present tense verb built for the passive in form, but it is for the active subject in reality. Do you know? And the she-camel is the active subject, the she-camel is the active subject. They say this verb was not built for the active subject by the Arabs; they never built it for the active subject, but rather they build it for the passive object. However, the general rule is that what follows it is the active subject. And this is used as a riddle: it is said to us, "a present tense verb with a dammah on the first letter and a fathah on the letter before the last, in the form of the passive voice, and what follows it?"
The student: Active subject.
The Shaykh : Active subject. We say something like this. It is said "nutijat al-naqah" (the she-camel was given birth to), so the she-camel is the active subject. And "tuntaj al-naqah" (the she-camel is giving birth), so the she-camel is the active subject. And there is a small booklet titled: "Ith'af al-Fadil bi al-Fa'l al-Mabni li Ghayr al-Fa'il" (A Gift to the Distinguished One Regarding the Verb Built for Other Than the Active Subject) "Ith'af al-Fadil bi al-Fa'l al-Mabni li Ghayr al-Fa'il" (A Gift to the Distinguished One Regarding the Verb Built for Other Than the Active Subject) In it, he mentioned what he knew of verbs that were reported from the Arabs built for other than the active subject, and the object in them?
The student: Active subject.
The Shaykh : Good, let us now look at the form mentioned. He says: "It is a sale practiced by the people of the pre-Islamic age of ignorance..."
The student: And it was a sale.
The Shaykh :"And it was a sale" Yes, "And it was a sale practiced by the people of the pre-Islamic age of ignorance. A man would buy a she-camel until it gave birth, and then the one in its womb would give birth" It is agreed upon by al-Bukhari and Muslim.