Explanation of the Book of Sales-09
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The Shaykh : He said "And from Ibn 'Umar (may Allah be pleased with both of them), he said: Bulugh al-Maram 7:27" "Secured it" means the contract was completed, the separation occurred, and it became binding. "In another wording, Bulugh al-Maram 7:27" it means that I would sell it to him. He referred to the sale as "striking on the hand" because they used to do that sometimes... so-and-so would say "okay" and strike his hand on the other's hand as a confirmation of the sale. This is why the sales contract is called a "safaqah" (deal). The meaning is not that you clap on his face, but that you clap your hand on his hand. From this comes "tasfiq" (clapping), which is striking the hand on the hand. So they would sometimes do this in sales, especially large ones, like a treaty... when a person wants to make a treaty with someone, he extends his hand and makes the treaty, as Allah the Exalted said: [Al-Fath 48:10] This is why the sale is called a "bay'" (sale) because it is derived from "ba'" (arm), because each of the contracting parties extends his arm to the other. The important point is that Ibn 'Umar's statement Bulugh al-Maram 7:27 means that I would complete the sale with him and complete the contract. He says: Bulugh al-Maram 7:27 It is as if Ibn 'Umar raised his hand, and a man behind him grabbed his arm.
Bulugh al-Maram 7:27
"Ahmad and Abu Dawud narrated it, and the wording is his, and Ibn Hibban and al-Hakim graded it as authentic". He said, "Do not sell it where you bought it." "Where" is an adverb of place, and "bought it" means "I purchased it." It is said "ba'a" (sold) and "ibtaya'" (bought), just as it is said "shara" (sold) and "ishtara" (bought). "Shara" means "sold," contrary to the common usage among us where "shara" means what?
The student: Bought.
The Shaykh : Bought. No, "shara" means "sold." From this is His saying, the Exalted:[Al-Baqarah 2:207] meaning whoever sells it, and he bought in exchange for it. "Bought" and "sold" are exactly like "shara" and "ishtara." And His saying: means where you buy. Sunan Abi Dawud 3499Hasan li ghairih (Al-Albani) means to their places. If it is a shop, then the shop; if it is a house, then the house; if it is a tent, then the tent. The important point is to his home where he resides and lives, or to his place of business.
And his saying: The merchants are those who deal in trade and earning. It appears that this term does not have a specific legal concept and that it was used generally. If a person buys something, even for his personal need, and then wants to sell it, he should not sell it until he takes it to his lodging.
I bought some oil in the market and when I had taken it
ابتعت زيتا في السوق فلمّا استوجبتهand when I had taken it (from the seller), a man met me and offered to give me a good profit for it. Then, when I was about to finalize the deal with him
فلمّا قبضته لقيني رجل فأعطاني به ربحا حسنا، فأردت أن أضرب على يد الرجلIndeed, those who pledge allegiance to you, [O Muhammad] - they are actually pledging allegiance to Allah. The hand of Allah is over their hands. So he who breaks his word only breaks it to the detriment of himself. And he who fulfills that which he has promised Allah
إنّ الذين يبايعونك إنّما يبايعون الله يد الله فوق أيديهم فمن نكث فإنّما ينكث على نفسه ومن أوفى بما عاهد عليه اللهwhen I was about to finalize the deal with him
أردت أن أضرب على يدهa man caught hold of my forearm from behind
فأخذ رجل من خلفي بذراعيSo I turned and found that he was Zaib bin Thabit (RA). He said, "Do not sell it in the place where you have bought it, till you take it to your dwelling. This is because Allah's Messenger (ﷺ) forbade that commodities to be sold in the place where they were bought, till the traders take them to their dwellings."
فالتفتّ فإذا هو زيد بن ثابت رضي الله عنه فقال: لا تبعه حيث ابتعته حتى تحوزه إلى رحلك، فإن رسول الله صلى الله عليه وسلم نهى أن تباع السلع حيث تبتاع حتى يحوزها التجار إلى رحالهم ."Ahmad and Abu Dawud narrated it, and the wording is his, and Ibn Hibban and al-Hakim graded it as authentic". He said, "Do not sell it where you bought it." "Where" is an adverb of place, and "bought it" means "I purchased it." It is said "ba'a" (sold) and "ibtaya'" (bought), just as it is said "shara" (sold) and "ishtara" (bought). "Shara" means "sold," contrary to the common usage among us where "shara" means what?
The student: Bought.
The Shaykh : Bought. No, "shara" means "sold." From this is His saying, the Exalted:
And of the people is he who sells himself, seeking means to the approval of Allah
ومن النّاس من يشري نفسه ابتغاء مرضات اللهWhere you buy
حيث تبتاعuntil the tradesmen take them to their houses
حتى يحوزها التّجار إلى رحالهمAnd his saying: