Discussion of what was previously taken.
Machine translationRead the Arabic original
The Shaykh : In the first hadith of Ibn 'Umar, Musnad Ahmad 394Sahih (Darussalam), can you break down this phrase for us, Adel Sarhan?
The student: I was not present, Shaykh.
The Shaykh : You were not present, 'Abd al-Rahman?
The student: ...
The Shaykh : No, break down the phrase "the cord of the cord"?
The student: ...
The Shaykh : "Cord" means the fetus, and "cord" is the plural?
The student: The plural of "cord."
The Shaykh : And it is the pregnant one, so does it mean the fetus?
The student: The fetus of the pregnant one.
The Shaykh : The fetus of the pregnant ones, okay, what does it mean?
The student: Yes...
The Shaykh : What does it mean? He forbade the sale of the fetus of the pregnant ones?
The student: It means he forbade the sale of the fetus that is in the womb of the pregnant one.
The Shaykh : In the womb of the pregnant one, is that one, or?
The student: Or the sale of the fetus of the fetus.
The Shaykh : The fetus of the fetus, well done.
The student: If the she-camel gives birth to a female, she grows up and then becomes pregnant.
The Shaykh : Then she becomes pregnant and he sells her fetus.
The student: Yes.
The Shaykh : Okay, this is the apparent meaning of the text. Okay, what is the operative cause for prohibiting the first case, Ya 'Ayd?
The student: ... Excessive uncertainty.
The Shaykh : That he sells the fetus of the fetus.
The student: Yes, ignorance and excessive uncertainty.
The Shaykh : Ignorance and excessive uncertainty, how?
The student: Because he does not know whether what is in her womb will live or die, or be one or two, or male or female, so this is ignorance.
The Shaykh : Okay, correct. The second aspect, Fahd?
The student: The second aspect is more ignorant and more uncertain.
The Shaykh : Yes.
The student: Because he does not know the first, and then he does not know the second.
The Shaykh : Correct, the first is unknown and the second is more unknown, and also non-existent. The second also has an addition, which is non-existence, so it is not valid. There is another meaning explained in the hadith.
The student: Ibn 'Umar or Nafi' explained it...
The Shaykh : Ibn 'Umar or Nafi' explained it as what?
The student: That it is a sale to an unknown term. A sale to an unknown term, whether the delay is in the price or in the sale itself, this is its form.
The Shaykh : Yes, for example?
The student: For example, he says, "I sell you this camel and you give me its price when such-and-such she-camel gives birth."
The Shaykh : Fine.
The student: This is a delay in the price.
The Shaykh : Meaning, you sold me this camel for ten riyals if?
The student: If the she-camel gives birth.
The Shaykh : It is valid if the she-camel gives birth, or the one in her womb, okay.
The student: Delaying the item sold is like saying, "Give me dirhams, and when the she-camel gives birth, I will give you the camel."
The Shaykh : This is the sale of the fetus.
The student: ...
The Shaykh : A camel, second time.
The student: Yes, a camel, second time.
The Shaykh : Okay, there is...
The student: Advancing the price.
The Shaykh : This is what he said, delaying the item sold.
The student: The item sold.
The Shaykh : The item sold, he says, "I sold it to you for a period that ends when the she-camel gives birth, or the one in her womb gives birth," and this is like a lease, we said it is like an unknown lease.
The student: That he sells the she-camel for a specific period, and when she gives birth and the one in her womb gives birth, the seller returns the item sold, and it becomes like a lease, and a lease is a type of sale.
The Shaykh : No ... yes?
The student: Shaykh, that he delays the item sold until the she-camel gives birth, and then the one in her womb gives birth.
The Shaykh : Meaning, he delays it?
The student: Yes.
The Shaykh : He delays it, he says, "I sold you this she-camel until the she-camel gives birth, the one who is pregnant now, and then the one in her womb gives birth," and in reality, the sale is a lease for an unknown time. Okay, the Messenger (peace and blessings be upon him) forbade the sale of the bond of loyalty and its gift. What is it, Ya Tala'l? Tala'l ibn 'Abbas.
The student: Yes, the bond of loyalty is a bond like the bond of kinship. A bond like the bond of kinship.
The Shaykh : What is its definition? Because "a bond like the bond of kinship" does not give a clear concept.
The student: Its definition, linguistically and legally?
The Shaykh : Legally, yes?
The student: It means a residuary heirship that is established for the freed slave and his residuary heirs...
The Shaykh : The one who freed him.
The student: The one who freed him.
The Shaykh : And his residuary heirs?
The student: Those who are residuary heirs in their own right.
The Shaykh : Yes, good, well done. Okay, what is the ruling on selling it, Ya Tala'l?
The student: It is not permissible to sell it.
The Shaykh : Why?
The student: Because the Messenger of Allah (peace and blessings be upon him) forbade it.
The Shaykh : Okay, what is the wisdom?
The student: The wisdom is that it is not one of the things that are sold, so it is like the bond of kinship.
The Shaykh : Well done, just as a person does not sell his kinship.
The student: And he does not sell his bond of loyalty.
The Shaykh : So he does not sell his bond of loyalty either. Okay, what is the evidence that the bond of loyalty for the freed slave does not extend beyond him?
The student: The saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 6752.
The Shaykh : Yes, well done. Okay, the hadith of Abu Hurayrah, I think we did not finish it?
The student: ...
The Shaykh : Yes, okay.
that the Messenger of Allah (ﷺ) forbade selling the offspring of the offspring that is still in the womb of a camel
أنّ الرّسول صلّى الله عليه وسلّم نهى عن بيع حبل الحبلةThe student: I was not present, Shaykh.
The Shaykh : You were not present, 'Abd al-Rahman?
The student: ...
The Shaykh : No, break down the phrase "the cord of the cord"?
The student: ...
The Shaykh : "Cord" means the fetus, and "cord" is the plural?
The student: The plural of "cord."
The Shaykh : And it is the pregnant one, so does it mean the fetus?
The student: The fetus of the pregnant one.
The Shaykh : The fetus of the pregnant ones, okay, what does it mean?
The student: Yes...
The Shaykh : What does it mean? He forbade the sale of the fetus of the pregnant ones?
The student: It means he forbade the sale of the fetus that is in the womb of the pregnant one.
The Shaykh : In the womb of the pregnant one, is that one, or?
The student: Or the sale of the fetus of the fetus.
The Shaykh : The fetus of the fetus, well done.
The student: If the she-camel gives birth to a female, she grows up and then becomes pregnant.
The Shaykh : Then she becomes pregnant and he sells her fetus.
The student: Yes.
The Shaykh : Okay, this is the apparent meaning of the text. Okay, what is the operative cause for prohibiting the first case, Ya 'Ayd?
The student: ... Excessive uncertainty.
The Shaykh : That he sells the fetus of the fetus.
The student: Yes, ignorance and excessive uncertainty.
The Shaykh : Ignorance and excessive uncertainty, how?
The student: Because he does not know whether what is in her womb will live or die, or be one or two, or male or female, so this is ignorance.
The Shaykh : Okay, correct. The second aspect, Fahd?
The student: The second aspect is more ignorant and more uncertain.
The Shaykh : Yes.
The student: Because he does not know the first, and then he does not know the second.
The Shaykh : Correct, the first is unknown and the second is more unknown, and also non-existent. The second also has an addition, which is non-existence, so it is not valid. There is another meaning explained in the hadith.
The student: Ibn 'Umar or Nafi' explained it...
The Shaykh : Ibn 'Umar or Nafi' explained it as what?
The student: That it is a sale to an unknown term. A sale to an unknown term, whether the delay is in the price or in the sale itself, this is its form.
The Shaykh : Yes, for example?
The student: For example, he says, "I sell you this camel and you give me its price when such-and-such she-camel gives birth."
The Shaykh : Fine.
The student: This is a delay in the price.
The Shaykh : Meaning, you sold me this camel for ten riyals if?
The student: If the she-camel gives birth.
The Shaykh : It is valid if the she-camel gives birth, or the one in her womb, okay.
The student: Delaying the item sold is like saying, "Give me dirhams, and when the she-camel gives birth, I will give you the camel."
The Shaykh : This is the sale of the fetus.
The student: ...
The Shaykh : A camel, second time.
The student: Yes, a camel, second time.
The Shaykh : Okay, there is...
The student: Advancing the price.
The Shaykh : This is what he said, delaying the item sold.
The student: The item sold.
The Shaykh : The item sold, he says, "I sold it to you for a period that ends when the she-camel gives birth, or the one in her womb gives birth," and this is like a lease, we said it is like an unknown lease.
The student: That he sells the she-camel for a specific period, and when she gives birth and the one in her womb gives birth, the seller returns the item sold, and it becomes like a lease, and a lease is a type of sale.
The Shaykh : No ... yes?
The student: Shaykh, that he delays the item sold until the she-camel gives birth, and then the one in her womb gives birth.
The Shaykh : Meaning, he delays it?
The student: Yes.
The Shaykh : He delays it, he says, "I sold you this she-camel until the she-camel gives birth, the one who is pregnant now, and then the one in her womb gives birth," and in reality, the sale is a lease for an unknown time. Okay, the Messenger (peace and blessings be upon him) forbade the sale of the bond of loyalty and its gift. What is it, Ya Tala'l? Tala'l ibn 'Abbas.
The student: Yes, the bond of loyalty is a bond like the bond of kinship. A bond like the bond of kinship.
The Shaykh : What is its definition? Because "a bond like the bond of kinship" does not give a clear concept.
The student: Its definition, linguistically and legally?
The Shaykh : Legally, yes?
The student: It means a residuary heirship that is established for the freed slave and his residuary heirs...
The Shaykh : The one who freed him.
The student: The one who freed him.
The Shaykh : And his residuary heirs?
The student: Those who are residuary heirs in their own right.
The Shaykh : Yes, good, well done. Okay, what is the ruling on selling it, Ya Tala'l?
The student: It is not permissible to sell it.
The Shaykh : Why?
The student: Because the Messenger of Allah (peace and blessings be upon him) forbade it.
The Shaykh : Okay, what is the wisdom?
The student: The wisdom is that it is not one of the things that are sold, so it is like the bond of kinship.
The Shaykh : Well done, just as a person does not sell his kinship.
The student: And he does not sell his bond of loyalty.
The Shaykh : So he does not sell his bond of loyalty either. Okay, what is the evidence that the bond of loyalty for the freed slave does not extend beyond him?
The student: The saying of the Prophet (peace and blessings be upon him):
The Wala' is for the manumitted (of the slave).
إنّما الولاء لمن أعتقThe Shaykh : Yes, well done. Okay, the hadith of Abu Hurayrah, I think we did not finish it?
The student: ...
The Shaykh : Yes, okay.