Explanation of the Book of Sales-10
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The Shaykh : And from Anas ibn Malik (may Allah be pleased with him), who said: Bulugh al-Maram 7:31. Al-Bukhari narrated it.
All of these are also types of sale that contain gharar (excessive uncertainty) and ignorance, or riba (usury or interest), or the possibility of riba.
First is al-muhaqalah, which is derived from al-haql (the field), and it is explained in this hadith in the same way it was explained in the previous hadith.
Al-mukhadarah is derived from al-khudhur (vegetables/greens), and it is selling the grain before it has hardened, meaning while it is still green. Selling the grain before it has hardened is not permissible, because it leads to gharar. The grain may be struck by pests, and a dispute may arise between the buyer and the seller. What is an example? A man has a farm from which the ears have emerged, and he sells them before the grain has hardened. This is not permissible unless he sells them as fodder with the condition that they be cut. In that case, it is permissible because it is known and was sold for a present purpose, so the sale is valid. But if it is sold to be grain before it has hardened, is the purpose present or deferred?
The student: Deferred.
The Shaykh : Deferred. Therefore, if he sells the crop with the intention that it be fodder and conditions that it be cut, there is no harm in that. But if he sells it to be grain, this is not permissible until it has hardened, because the Prophet (peace and blessings be upon him) forbade it.
Al-mulamasah is when he says, "Any cloth you touch is yours for such-and-such," or "Any sheep you touch is yours for such-and-such," or "Any palm tree you touch is yours for such-and-such," or the like. This is unknown. It is like the one who covers his eyes and says, "Go, this is a flock of sheep; any sheep you touch is yours for one hundred." So the man goes, and his eyes are covered, and he touches a sheep, and it turns out to be worth five hundred. Who is the one who is deceived?
The student: The seller...
The Shaykh : The one who is deceived? The one who is deceived?
The student: The buyer.
The Shaykh : The buyer, because it was sold for one hundred... and it is worth five hundred. And another time, he covered his eyes and said, "I sold you any sheep you touch for two hundred." So he went, and his hand fell on a sheep worth fifty. Who is the one who is deceived?
The student : The seller.
The Shaykh : The seller. So it is not permissible, because it contains gharar and ignorance, and this leads to dispute, enmity, and hatred.
Likewise, if he says, "Any cloth you touch, even if he did not cover his eyes, is yours for such-and-such," it is not permissible. Because this, even if the buyer knows it, is unknown to whom? The seller. Because the seller does not sell any cloth this person touches; he has varied clothes, some worth one hundred, some worth five hundred, some worth a thousand, and some worth ten thousand. He says, "Any cloth you touch from these clothes is yours for fifty." Tell me, which cloth will the buyer choose?
The student: ...
The Shaykh : Huh?
The student: The most expensive cloth.
The Shaykh : The highest value. He takes the cloth worth a thousand, or perhaps he takes one worth less. In any case, this is unknown. And even if the buyer may know it, the seller does not know it.
Al-munabadhah is also when he says, "Any cloth I throw is yours for such-and-such," because nabdh means to throw. "Any cloth I throw is yours for such-and-such." He says, "There is no obstacle." What does the seller choose here?
The student: The lowest value.
The Shaykh : The lowest value. The lowest cloth, and the buyer is the one who is deceived, so it is not valid. Or he says, for example, "Throw a pebble or a stick or the like, and whatever cloth it falls on is yours for such-and-such." This is not permissible. So al-munabadhah has two forms: the first form is throwing the item being sold, and the second form is throwing something onto the item being sold. And both are?
The student: ...
The Shaykh : Invalid. Yes, the sale is invalid in them. Al-muzabanah here?
The student: It was mentioned before.
The Shaykh : Its explanation was given previously, and it is explained in this hadith like the first hadith. Now, if these transactions occur from a person, are they forbidden and the contract is valid, or are they forbidden and the contract is not valid?
The student: The second.
The Shaykh : The second. They are forbidden and the contract is not valid. They are forbidden due to the prohibition of them, and the contract is not valid because the prohibition is directed at the act itself. And if the prohibition is directed at the act itself, that necessitates its invalidity, lest there be what? A collision and contradiction. For how can this act be forbidden and permitted at the same time? This is impossible. If we said that, we would say it is possible to combine?
The student: ...
The Shaykh : Contradictions, and this is impossible. So we say now, if a person sold by al-muhaqalah or al-muzabanah or al-mukhadarah, or excepted what he did not know, or sold by al-mulamasah or al-munabadhah or al-mukhadarah, the sale would be defective. The sale would be defective because the prohibition falls upon it. How many types are these?
The student: ...
The Shaykh : Seven types. Al-muhaqalah, al-muzabanah, al-mukhadarah, and al-thaniyyah unless it is known. Al-muhaqalah and al-muzabanah were mentioned before. So al-mukhadarah, al-mulamasah, al-munabadhah, all of them?
The student: Seven.
The Shaykh : Seven types of sale that the Shari'ah forbade. Some of them point to riba, and some point to ignorance and gambling. "And from Tawus, from Ibn Abbas (may Allah be pleased with him), who said..."
The student: The benefits.
The Shaykh : Yes, the benefits of the hadith.
Allah's Messenger (ﷺ) forbade Muhaqalah, Mukhadarah, Mulamasah, Munabadhah and Muzabamah.
نهى رسول الله صلى الله عليه وسلم عن المحاقلة، والمخاضرة، والملامسة، والمنابذة، والمزابنةAll of these are also types of sale that contain gharar (excessive uncertainty) and ignorance, or riba (usury or interest), or the possibility of riba.
First is al-muhaqalah, which is derived from al-haql (the field), and it is explained in this hadith in the same way it was explained in the previous hadith.
Al-mukhadarah is derived from al-khudhur (vegetables/greens), and it is selling the grain before it has hardened, meaning while it is still green. Selling the grain before it has hardened is not permissible, because it leads to gharar. The grain may be struck by pests, and a dispute may arise between the buyer and the seller. What is an example? A man has a farm from which the ears have emerged, and he sells them before the grain has hardened. This is not permissible unless he sells them as fodder with the condition that they be cut. In that case, it is permissible because it is known and was sold for a present purpose, so the sale is valid. But if it is sold to be grain before it has hardened, is the purpose present or deferred?
The student: Deferred.
The Shaykh : Deferred. Therefore, if he sells the crop with the intention that it be fodder and conditions that it be cut, there is no harm in that. But if he sells it to be grain, this is not permissible until it has hardened, because the Prophet (peace and blessings be upon him) forbade it.
Al-mulamasah is when he says, "Any cloth you touch is yours for such-and-such," or "Any sheep you touch is yours for such-and-such," or "Any palm tree you touch is yours for such-and-such," or the like. This is unknown. It is like the one who covers his eyes and says, "Go, this is a flock of sheep; any sheep you touch is yours for one hundred." So the man goes, and his eyes are covered, and he touches a sheep, and it turns out to be worth five hundred. Who is the one who is deceived?
The student: The seller...
The Shaykh : The one who is deceived? The one who is deceived?
The student: The buyer.
The Shaykh : The buyer, because it was sold for one hundred... and it is worth five hundred. And another time, he covered his eyes and said, "I sold you any sheep you touch for two hundred." So he went, and his hand fell on a sheep worth fifty. Who is the one who is deceived?
The student : The seller.
The Shaykh : The seller. So it is not permissible, because it contains gharar and ignorance, and this leads to dispute, enmity, and hatred.
Likewise, if he says, "Any cloth you touch, even if he did not cover his eyes, is yours for such-and-such," it is not permissible. Because this, even if the buyer knows it, is unknown to whom? The seller. Because the seller does not sell any cloth this person touches; he has varied clothes, some worth one hundred, some worth five hundred, some worth a thousand, and some worth ten thousand. He says, "Any cloth you touch from these clothes is yours for fifty." Tell me, which cloth will the buyer choose?
The student: ...
The Shaykh : Huh?
The student: The most expensive cloth.
The Shaykh : The highest value. He takes the cloth worth a thousand, or perhaps he takes one worth less. In any case, this is unknown. And even if the buyer may know it, the seller does not know it.
Al-munabadhah is also when he says, "Any cloth I throw is yours for such-and-such," because nabdh means to throw. "Any cloth I throw is yours for such-and-such." He says, "There is no obstacle." What does the seller choose here?
The student: The lowest value.
The Shaykh : The lowest value. The lowest cloth, and the buyer is the one who is deceived, so it is not valid. Or he says, for example, "Throw a pebble or a stick or the like, and whatever cloth it falls on is yours for such-and-such." This is not permissible. So al-munabadhah has two forms: the first form is throwing the item being sold, and the second form is throwing something onto the item being sold. And both are?
The student: ...
The Shaykh : Invalid. Yes, the sale is invalid in them. Al-muzabanah here?
The student: It was mentioned before.
The Shaykh : Its explanation was given previously, and it is explained in this hadith like the first hadith. Now, if these transactions occur from a person, are they forbidden and the contract is valid, or are they forbidden and the contract is not valid?
The student: The second.
The Shaykh : The second. They are forbidden and the contract is not valid. They are forbidden due to the prohibition of them, and the contract is not valid because the prohibition is directed at the act itself. And if the prohibition is directed at the act itself, that necessitates its invalidity, lest there be what? A collision and contradiction. For how can this act be forbidden and permitted at the same time? This is impossible. If we said that, we would say it is possible to combine?
The student: ...
The Shaykh : Contradictions, and this is impossible. So we say now, if a person sold by al-muhaqalah or al-muzabanah or al-mukhadarah, or excepted what he did not know, or sold by al-mulamasah or al-munabadhah or al-mukhadarah, the sale would be defective. The sale would be defective because the prohibition falls upon it. How many types are these?
The student: ...
The Shaykh : Seven types. Al-muhaqalah, al-muzabanah, al-mukhadarah, and al-thaniyyah unless it is known. Al-muhaqalah and al-muzabanah were mentioned before. So al-mukhadarah, al-mulamasah, al-munabadhah, all of them?
The student: Seven.
The Shaykh : Seven types of sale that the Shari'ah forbade. Some of them point to riba, and some point to ignorance and gambling. "And from Tawus, from Ibn Abbas (may Allah be pleased with him), who said..."
The student: The benefits.
The Shaykh : Yes, the benefits of the hadith.