Benefits of the Hadith: (Ibn 'Umar - may Allah be pleased with them both - said: I bought oil in the market
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The Shaykh : This hadith contains evidence for many benefits, among which is
the permissibility of buying and selling for the scholar, the jurist, and the person of status. What is the evidence?
The student: The action of Ibn 'Umar.
The Shaykh : The action of Ibn 'Umar, may Allah be pleased with them both. It is not hidden from anyone the status of Ibn 'Umar, may Allah be pleased with them both, in knowledge, jurisprudence, religion, and scrupulousness. And likewise, it is permissible for the scholar, the jurist, and the worshipper to buy and sell like anyone else. However, some scholars disliked the judge buying and selling with his own hand. They disliked this so that the judge would not show favoritism, and so that if there is a lawsuit involving the person he favors, it would not be compromised. Because every person either needs the judge or anticipates needing him, and perhaps they would show him favoritism in anticipation of the litigation they will have before him. But the correct view is that it is not disliked for the judge to buy and sell for his needs. As for the matter of trade and seeking livelihood, it is better for a person to keep himself away from that. Because if a person gets involved in people's trades, he loses his standing in their eyes; he loses his standing in their eyes, and they come to know that he is like them, competing with them for the carrion of this world. And I think al-Shafi'i, may Allah have mercy on him, has verses on this topic, saying:
"And as for whoever seeks the world, I have tasted it, *** and its torment and its punishment were brought to us.
So I did not see it except - no, no -
So I did not see it except as delusion and falsehood, *** just as a mirage appears on the back of the desert.
And it is nothing but a carrion that is putrefying, *** upon which are dogs whose only concern is to drag it away.
So if" what?
The student: So if you avoid it
The Shaykh :"So if you avoid it, if you avoid it, you will be a bridge for its people, *** and if you drag it, its dogs will compete with you for it"
So a person of honor, status, and knowledge should not intervene in trade and seeking to increase wealth. As for trade that is necessary, it is necessary.
Now, and among the benefits of the hadith is the eagerness of the Companions, may Allah be pleased with them, to enjoin good and forbid evil. What is the evidence?
The student: Zayd.
The Shaykh : Zayd ibn Thabit, may Allah be pleased with him.
And among its benefits in this hadith is also the haste in forbidding evil, because he held his hand. This indicates that he did it immediately so that the sale would not be completed.
And among its benefits is also that such an act is not to be considered envy of the buyer or selling over a sale, as some laypeople imagine. If a prohibited contract is made and a person advises the contracting party and warns him, saying it must be stopped ... this is not correct. Rather, the prohibited thing must be prevented, and this is not considered from the category of envy or preventing a person from his sustenance. Yes?
The questioner : You mentioned, O Shaykh, in the book *Mustalah al-Hadith* that this ... that this is a fabricated hadith, mentioned by al-Shawkani in ...
The Shaykh : Yes, as we said, who conveyed the hadith to Malik? Who conveyed it to him?
The questioner : ...
The Shaykh : Yes.
The questioner :Bulugh al-Maram 7:25
The Shaykh : The one who narrated it in al-Tabarani's *al-Awsat*?
The questioner : I mentioned it in the book *Mustalah al-Hadith* ...
The Shaykh : By Allah, I forgot.
The questioner : Shaykh?
The Shaykh : Yes, are you looking into it? Yes.
the permissibility of buying and selling for the scholar, the jurist, and the person of status. What is the evidence?
The student: The action of Ibn 'Umar.
The Shaykh : The action of Ibn 'Umar, may Allah be pleased with them both. It is not hidden from anyone the status of Ibn 'Umar, may Allah be pleased with them both, in knowledge, jurisprudence, religion, and scrupulousness. And likewise, it is permissible for the scholar, the jurist, and the worshipper to buy and sell like anyone else. However, some scholars disliked the judge buying and selling with his own hand. They disliked this so that the judge would not show favoritism, and so that if there is a lawsuit involving the person he favors, it would not be compromised. Because every person either needs the judge or anticipates needing him, and perhaps they would show him favoritism in anticipation of the litigation they will have before him. But the correct view is that it is not disliked for the judge to buy and sell for his needs. As for the matter of trade and seeking livelihood, it is better for a person to keep himself away from that. Because if a person gets involved in people's trades, he loses his standing in their eyes; he loses his standing in their eyes, and they come to know that he is like them, competing with them for the carrion of this world. And I think al-Shafi'i, may Allah have mercy on him, has verses on this topic, saying:
"And as for whoever seeks the world, I have tasted it, *** and its torment and its punishment were brought to us.
So I did not see it except - no, no -
So I did not see it except as delusion and falsehood, *** just as a mirage appears on the back of the desert.
And it is nothing but a carrion that is putrefying, *** upon which are dogs whose only concern is to drag it away.
So if" what?
The student: So if you avoid it
The Shaykh :"So if you avoid it, if you avoid it, you will be a bridge for its people, *** and if you drag it, its dogs will compete with you for it"
So a person of honor, status, and knowledge should not intervene in trade and seeking to increase wealth. As for trade that is necessary, it is necessary.
Now, and among the benefits of the hadith is the eagerness of the Companions, may Allah be pleased with them, to enjoin good and forbid evil. What is the evidence?
The student: Zayd.
The Shaykh : Zayd ibn Thabit, may Allah be pleased with him.
And among its benefits in this hadith is also the haste in forbidding evil, because he held his hand. This indicates that he did it immediately so that the sale would not be completed.
And among its benefits is also that such an act is not to be considered envy of the buyer or selling over a sale, as some laypeople imagine. If a prohibited contract is made and a person advises the contracting party and warns him, saying it must be stopped ... this is not correct. Rather, the prohibited thing must be prevented, and this is not considered from the category of envy or preventing a person from his sustenance. Yes?
The questioner : You mentioned, O Shaykh, in the book *Mustalah al-Hadith* that this ... that this is a fabricated hadith, mentioned by al-Shawkani in ...
The Shaykh : Yes, as we said, who conveyed the hadith to Malik? Who conveyed it to him?
The questioner : ...
The Shaykh : Yes.
The questioner :
He [the Prophet (ﷺ)] forbade a transaction (combined with) a condition
نهى عن بيع وشرطThe Shaykh : The one who narrated it in al-Tabarani's *al-Awsat*?
The questioner : I mentioned it in the book *Mustalah al-Hadith* ...
The Shaykh : By Allah, I forgot.
The questioner : Shaykh?
The Shaykh : Yes, are you looking into it? Yes.