And it was reported from him that he said: The Messenger of Allah (peace and blessings be upon him) forbade two sales in one sale.
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The Shaykh : Here he says: Mishkat al-Masabih 2868 And Abu Dawud has: Sunan Abi Dawud 3461Hasan (Al-Albani)
The first hadith means that it is not permissible for a person to make two sales in one sale, meaning in one transaction. Let us look at whether this apparent meaning is intended. If I said, "I sold you this item on the condition that you buy from me the other item," would this be considered [two sales in one sale]?
The student: Two sales in one sale.
The Shaykh : Two sales in one sale. This is an example. I want to buy sugar from you, for instance, and he says, "I sold you this sugar on the condition that you buy rice from me," and I say, "I accept." This is two sales in one sale.
Second, he said, "Sell me your house," and he said, "I will not sell it to you until you sell me your house." This is also two sales in one sale, or is it not?
The student: Yes.
The Shaykh : Two sales in one sale, but the difference between this and the first one is that the sale in the first one is from one man, and the second sale?
The student: From two men.
The Shaykh : From two men. "I sold you this on the condition that you sell me this." This is two sales in one sale. Is this what is intended? We say that the narration of Abu Dawud indicates that it is not intended; it indicates that it is not intended because he said:Sunan Abi Dawud 3461Hasan (Al-Albani) And the two examples we mentioned do not contain riba (usury or interest), nor do they contain "awaks" (the lesser amount), nor is there any excess in them. It is that I sell you my house on the condition that you sell me your house, or I sell you this item on the condition that you buy from me the other item. There is no "awaks" or increase in it. Accordingly, we say that the implication of Abu Dawud's narration is that the two mentioned examples are not included in the prohibition of two sales in one sale. This is supported by the fact that the two mentioned examples do not contain any religious concern. There is no religious concern in them, because there is no objection if I said, "I sold you this sugar and this tea for one thousand riyals." This is permissible by consensus. So there is no difference between saying, "I sell you this sugar and you buy this tea," and combining them with a condition. The matter does not change from how it is if they are combined without a condition. Thus, there is no religious concern in the issue. Likewise, if I said, "I will not sell you my house until you sell me your house," what is the concern? If you are pleased with this condition, accept the sale. If you are not pleased, leave it. And I may have a consideration in this; I may not want to sell you my house, so I remain without a house until you sell me your house. And riba (usury or interest) does not apply to the two houses, so that we might say it is perhaps taken as a means to riba (usury or interest). As long as the issue does not contain a religious concern, and combining them is fine without a condition, then combining them with a condition is fine. And this condition does not make a forbidden thing lawful, nor does it make a lawful thing forbidden. Did you see? If I said, "I sold you my house for your house," and we agreed on this, is it permissible or not?
The student: Yes.
The Shaykh : It is permissible by consensus. So this issue, "I sold you my house on the condition that you sell me your house," has no difference from that one, except that we specified the price in the latter but not in the former. Therefore, it must be understood according to Abu Dawud's narration.Sunan Abi Dawud 3461Hasan (Al-Albani) And at that time, we say, what does "awaks" (the lesser of the two) mean? It means the lesser of the two, or riba (usury or interest). If it is not the lesser of the two, it means if he has the greater amount, he falls into riba (usury or interest), and if he has the lesser amount, he does not fall into riba (usury or interest). Did you understand now? Good. What is the example of that? For this, there are two examples:
The first example is that he says, "I sold you this item for ten cash, or for twenty on credit." I sold you this item for ten cash, or for twenty on credit. Here, if he takes the ten cash, he does not fall into riba (usury or interest). And if he takes the twenty on credit?
The student: He falls into riba (usury or interest).
The Shaykh : He falls into riba (usury or interest). This is one example.
God’s Messenger forbade two transactions combined in one
نهى رسول الله صلّى الله عليه وسلّم عن بيعتين في بيعةTwo sales in one sale.
بيعتين في بيعةIf anyone makes two transactions combined in one bargain, he should have the lesser of the two or it will involve usury.
من باع بيعتين في بيعة فله أوكسهما، أو الرباThe first hadith means that it is not permissible for a person to make two sales in one sale, meaning in one transaction. Let us look at whether this apparent meaning is intended. If I said, "I sold you this item on the condition that you buy from me the other item," would this be considered [two sales in one sale]?
The student: Two sales in one sale.
The Shaykh : Two sales in one sale. This is an example. I want to buy sugar from you, for instance, and he says, "I sold you this sugar on the condition that you buy rice from me," and I say, "I accept." This is two sales in one sale.
Second, he said, "Sell me your house," and he said, "I will not sell it to you until you sell me your house." This is also two sales in one sale, or is it not?
The student: Yes.
The Shaykh : Two sales in one sale, but the difference between this and the first one is that the sale in the first one is from one man, and the second sale?
The student: From two men.
The Shaykh : From two men. "I sold you this on the condition that you sell me this." This is two sales in one sale. Is this what is intended? We say that the narration of Abu Dawud indicates that it is not intended; it indicates that it is not intended because he said:
If anyone makes two transactions combined in one bargain, he should have the lesser of the two or it will involve usury.
من باع بيعتين في بيعة فله أوكسهما أو الرّباMuslims are bound by their conditions, except a condition that makes a forbidden thing lawful or makes a lawful thing forbidden.
المسلمون على شروطهم إلاّ شرطا أحلّ حراما أو حرّم حلالاThe student: Yes.
The Shaykh : It is permissible by consensus. So this issue, "I sold you my house on the condition that you sell me your house," has no difference from that one, except that we specified the price in the latter but not in the former. Therefore, it must be understood according to Abu Dawud's narration.
If anyone makes two transactions combined in one bargain, he should have the lesser of the two or it will involve usury.
من باع بيعتين في بيعة فله أوكسهما أو الرّباThe first example is that he says, "I sold you this item for ten cash, or for twenty on credit." I sold you this item for ten cash, or for twenty on credit. Here, if he takes the ten cash, he does not fall into riba (usury or interest). And if he takes the twenty on credit?
The student: He falls into riba (usury or interest).
The Shaykh : He falls into riba (usury or interest). This is one example.