And it is narrated from him that the Messenger of Allah (peace and blessings be upon him) said: "Whoever buys food, let him not sell it until he has measured it." Muslim narrated it.
Machine translationRead the Arabic original
The Shaykh : Yes, exactly. Then he said: And from Abu Hurayrah (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: Sahih Muslim 1528a Muslim narrated it.
The sentence here is conditional; the conditional particle is "man" (whoever), and the answer to the condition is "fa la yab'ihi" (so he does not sell it). The answer is joined with "fa" (so) because the sentence is imperative. When the sentence is imperative, the answer sentence must be joined with "fa," as the poet said:
"Nominal imperative, with a static word, and with 'ma' *** and with 'qad' and 'lan' and with the negation"
Now, his saying: This is if it is sold by measure. But if it is sold by estimate, it may be sold even if it is not measured, because there is no need to measure it, or is there?
The student: Yes.
The Shaykh : There is no need to measure it. Now, what is food? Food is everything that is eaten and fed. But his saying: indicates that the intended meaning is food that is measured, such as wheat, barley, dates, raisins, and dried cheese, and rice, corn, and the like. The important thing is what is eaten and measured. If you buy it, do not sell it until you measure it. An example of this: I bought from the farm owner this pile of grain, of wheat, of kernels, every sa' for one dirham. Then a person came to me and said, "Sell me this wheat that you bought from so-and-so." Is that permissible? Huh?
The student: It is not permissible.
The Shaykh : It is not permissible, until I measure it first and then sell it. If I measure it, I sell it to you. So if he says, "Sell it to me, and I will measure it as your agent on your behalf and on my own behalf?" Huh?
The student: ...
The Shaykh : We say it is not valid, it is not valid. And I cannot sell it. You may appoint me as your agent to take possession of it, there is no harm. Go and measure it on my behalf, and then when you have measured it and the measuring is complete, go... and I will sell it to you.
Now, what is the wisdom behind not selling it? It is due to ignorance, because the purpose is not realized except by measuring. It may decrease, and it may increase. It may decrease, and it may increase. And the custom is that these grains, as time passes, do they decrease or increase?
The student: They decrease.
Another student: They increase.
The Shaykh : No, no, they decrease, unless the air is humid, in which case they may increase. Otherwise, the principle is that as time passes, they dry out. And when that happens, if they increase, the loss falls on the buyer. And if they decrease, the loss falls on whom?
The student : The seller.
The Shaykh : On the seller. So I measure it first, and then I sell it. If it decreases after measuring, it is on me, not on the seller. Therefore, the Messenger (peace be upon him) prohibited this. Yes?
He who bought foodgrain should not sell it until he had measured it.
من اشترى طعاما فلا يبعه حتى يكتالهThe sentence here is conditional; the conditional particle is "man" (whoever), and the answer to the condition is "fa la yab'ihi" (so he does not sell it). The answer is joined with "fa" (so) because the sentence is imperative. When the sentence is imperative, the answer sentence must be joined with "fa," as the poet said:
"Nominal imperative, with a static word, and with 'ma' *** and with 'qad' and 'lan' and with the negation"
Now, his saying:
until he has measured it.
حتى يكتالهThe student: Yes.
The Shaykh : There is no need to measure it. Now, what is food? Food is everything that is eaten and fed. But his saying:
until he has measured it.
حتّى يكتالهThe student: It is not permissible.
The Shaykh : It is not permissible, until I measure it first and then sell it. If I measure it, I sell it to you. So if he says, "Sell it to me, and I will measure it as your agent on your behalf and on my own behalf?" Huh?
The student: ...
The Shaykh : We say it is not valid, it is not valid. And I cannot sell it. You may appoint me as your agent to take possession of it, there is no harm. Go and measure it on my behalf, and then when you have measured it and the measuring is complete, go... and I will sell it to you.
Now, what is the wisdom behind not selling it? It is due to ignorance, because the purpose is not realized except by measuring. It may decrease, and it may increase. It may decrease, and it may increase. And the custom is that these grains, as time passes, do they decrease or increase?
The student: They decrease.
Another student: They increase.
The Shaykh : No, no, they decrease, unless the air is humid, in which case they may increase. Otherwise, the principle is that as time passes, they dry out. And when that happens, if they increase, the loss falls on the buyer. And if they decrease, the loss falls on whom?
The student : The seller.
The Shaykh : On the seller. So I measure it first, and then I sell it. If it decreases after measuring, it is on me, not on the seller. Therefore, the Messenger (peace be upon him) prohibited this. Yes?