Benefits of the Hadith: (Abu Hurayrah (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings be upon him) prohibited the sale of al-hisat and the sale of gharar).
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The Shaykh : In this hadith, the hadith of Abu Hurayrah, there is a prohibition against the sale of al-hisat. We have previously mentioned some of its forms. The default ruling regarding a prohibition is that it is forbidden, and the default ruling regarding what is forbidden is that it is defective. Therefore, the sale of al-hisat entails two things: the sin of the transactors and the invalidity of the contract. If they were ignorant, the sin is dropped, but the contract remains defective.
Now, among its benefits is also the prohibition against the sale of gharar, all gharar, and the prohibition implies invalidity.
Among its benefits is also that the Messenger of Allah (peace and blessings be upon him) was given the essence of eloquent speech (jama' al-kalim), (peace and blessings be upon him). He was given the essence of eloquent speech, and he also loved the essence of eloquent speech. Even in supplication, he would supplicate with the essence of eloquent speech and leave aside what was other than that. He would leave aside what was other than that. By this, we know the error of those who come with long, verbose, rhyming supplications, and that this is contrary to the Sunnah of the Messenger (peace and blessings be upon him). He would supplicate with the essence of eloquent speech and leave aside what was other than that.
Now, among the benefits of the hadith is the legislator's care to avoid everything that is a cause of enmity and hatred. For that reason, he prohibited the sale of gharar and al-hisat.
And among them is also his care regarding everything that is a cause of greed, avarice, and competition for worldly life. This is also derived from?
The student: ...
The Shaykh : The prohibition against the sale of al-hisat and the sale of gharar.
It is also derived from this hadith the eloquence of the Prophet (peace and blessings be upon him), where he mentions, where he mentions some instances of the general to serve as an example for it, in his saying:Sahih Muslim 1513.
It is also derived from this hadith the prohibition against a lease if it contains gharar. The point is: a lease is a type of?
The student: Of a sale.
The Shaykh : Of a sale, so it is the sale of a benefit for a specified term. Is a lease for an unknown duration valid or not? It is not valid because it is gharar. Is anything excluded from the sale of gharar? The answer is that what has become customary and people do not consider it a loss is excluded, such as the foundations of walls. The foundations of walls, the gravel buried in the ground, or what we call? The bases or the foundation. The foundation... or what is similar to that. Ignorance is excused in these because people do not consider that gharar, and because compelling a person to dig in it is a greater harm. Now, one person sold to you... he said, "By Allah, this sale is gharar." How? He said, "I haven't seen the bases. What do you want?" He said, "Dig until I see the bases and the foundation!" What would this mean? It means you ruined the building, isn't that so?
The student: Yes.
The Shaykh : So this is something that people do not consider gharar and do not pay attention to. Yes, if it were assumed that this building, meaning around a land, might collapse, then he might be required to, meaning, for example, there are drains around it, or flowing water around it, or what is similar to that, and there is a fear that it will collapse, then it might be said that it is necessary to inspect what is buried. But the ordinary case is ordinary. Now, the sale of radishes and onions... is it permissible or not permissible?
The student: ...
The Shaykh : Some scholars said it is not permissible. It is not permissible to sell radishes and onions and the like because the intended part is hidden in the ground, and what is hidden is unknown. This is the well-known position in the school of jurisprudence. And if it is unknown, it is gharar, so its sale is not valid. Now, the sale of its visible leaves?
The student: It is permissible.
The Shaykh : It is permissible... The discussion is about the sale of... And the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) chose the permissibility of its sale. He said that this is something known by people of expertise; they know the buried part by what appears of its leaves and their strength. And people have been trading in this without objection. So, if there are beds of onions and their owner comes to sell them, the school of jurisprudence says they are not sold until they are dug up and revealed. The second opinion is that they are sold even if not dug up, because this is known to people of expertise and there is no gharar in it. Now, musk in its pod? Musk in its pod?
The student: ...
The Shaykh : Is its sale permissible or not?
The student: ...
The Shaykh : Huh?
The student: It is not permissible.
The Shaykh : We look. The pod is the container of the musk. We say that there is no gharar in this among people, meaning people know that. But it is not sold except to a person of expertise. Yes, it is not sold except to a person of expertise who knows that. So, the important thing is that these issues include what is agreed upon as permissible, such as the foundations of walls. And what is disputed, such as onions and radishes and the like. And what is agreed upon as prohibited, such as the examples that came before us.
Now, among its benefits is also the prohibition against the sale of gharar, all gharar, and the prohibition implies invalidity.
Among its benefits is also that the Messenger of Allah (peace and blessings be upon him) was given the essence of eloquent speech (jama' al-kalim), (peace and blessings be upon him). He was given the essence of eloquent speech, and he also loved the essence of eloquent speech. Even in supplication, he would supplicate with the essence of eloquent speech and leave aside what was other than that. He would leave aside what was other than that. By this, we know the error of those who come with long, verbose, rhyming supplications, and that this is contrary to the Sunnah of the Messenger (peace and blessings be upon him). He would supplicate with the essence of eloquent speech and leave aside what was other than that.
Now, among the benefits of the hadith is the legislator's care to avoid everything that is a cause of enmity and hatred. For that reason, he prohibited the sale of gharar and al-hisat.
And among them is also his care regarding everything that is a cause of greed, avarice, and competition for worldly life. This is also derived from?
The student: ...
The Shaykh : The prohibition against the sale of al-hisat and the sale of gharar.
It is also derived from this hadith the eloquence of the Prophet (peace and blessings be upon him), where he mentions, where he mentions some instances of the general to serve as an example for it, in his saying:
Abu Huraira (Allah be pleased with him) reported that Allah's Messenger (ﷺ) forbade a transaction determined by throwing stones, and the type which involves some uncertainty.
عن بيع الحصاة، وعن بيع الغررIt is also derived from this hadith the prohibition against a lease if it contains gharar. The point is: a lease is a type of?
The student: Of a sale.
The Shaykh : Of a sale, so it is the sale of a benefit for a specified term. Is a lease for an unknown duration valid or not? It is not valid because it is gharar. Is anything excluded from the sale of gharar? The answer is that what has become customary and people do not consider it a loss is excluded, such as the foundations of walls. The foundations of walls, the gravel buried in the ground, or what we call? The bases or the foundation. The foundation... or what is similar to that. Ignorance is excused in these because people do not consider that gharar, and because compelling a person to dig in it is a greater harm. Now, one person sold to you... he said, "By Allah, this sale is gharar." How? He said, "I haven't seen the bases. What do you want?" He said, "Dig until I see the bases and the foundation!" What would this mean? It means you ruined the building, isn't that so?
The student: Yes.
The Shaykh : So this is something that people do not consider gharar and do not pay attention to. Yes, if it were assumed that this building, meaning around a land, might collapse, then he might be required to, meaning, for example, there are drains around it, or flowing water around it, or what is similar to that, and there is a fear that it will collapse, then it might be said that it is necessary to inspect what is buried. But the ordinary case is ordinary. Now, the sale of radishes and onions... is it permissible or not permissible?
The student: ...
The Shaykh : Some scholars said it is not permissible. It is not permissible to sell radishes and onions and the like because the intended part is hidden in the ground, and what is hidden is unknown. This is the well-known position in the school of jurisprudence. And if it is unknown, it is gharar, so its sale is not valid. Now, the sale of its visible leaves?
The student: It is permissible.
The Shaykh : It is permissible... The discussion is about the sale of... And the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) chose the permissibility of its sale. He said that this is something known by people of expertise; they know the buried part by what appears of its leaves and their strength. And people have been trading in this without objection. So, if there are beds of onions and their owner comes to sell them, the school of jurisprudence says they are not sold until they are dug up and revealed. The second opinion is that they are sold even if not dug up, because this is known to people of expertise and there is no gharar in it. Now, musk in its pod? Musk in its pod?
The student: ...
The Shaykh : Is its sale permissible or not?
The student: ...
The Shaykh : Huh?
The student: It is not permissible.
The Shaykh : We look. The pod is the container of the musk. We say that there is no gharar in this among people, meaning people know that. But it is not sold except to a person of expertise. Yes, it is not sold except to a person of expertise who knows that. So, the important thing is that these issues include what is agreed upon as permissible, such as the foundations of walls. And what is disputed, such as onions and radishes and the like. And what is agreed upon as prohibited, such as the examples that came before us.