Discussion of what came before.
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The Shaykh : The Prophet (peace and blessings be upon him) forbade muhaqalah, muzabanah, mukhabarah, and al-thunya except when it is known. What is the prohibition, Khalid?
The student: The prohibition is a demand to leave off something on the basis of superiority.
The Shaykh : Good, and what is the original ruling regarding the prohibition in the Shari'ah?
The student: Prohibition.
The Shaykh : The original ruling regarding prohibition is that it is forbidden, unless evidence indicates otherwise. Good, we mentioned several forms of muhaqalah, brother?
The student: I am.
The Shaykh : Yes, indeed.
The student: Muhaqalah is from al-haql, and it is selling a field for a field.
The Shaykh : Does it have forms? Several forms. The first form?
The student: Selling wheat for wheat.
The Shaykh : How, yes?
The student: I have a farm and you have a farm, so I sell you my farm on the condition that you sell me your farm, and both are of wheat.
The Shaykh : Wait, I sell you on the condition that you sell me so and so?
The student: I sell you my farm on the condition that you sell me...
The Shaykh : No.
The student: It is muhaqalah, taken from al-haql and the crop; it is selling a farm for a farm of that in which riba (usury or interest) applies.
The Shaykh : Correct.
The student: Selling a wheat farm for a wheat farm.
The Shaykh : Good, it has forms. The first form is that one sells a farm for a farm in which riba (usury or interest) applies between them, like a wheat farm for a wheat farm. Not that he sells him a farm on the condition that he sells him a farm, no, that he sells him a farm for a farm. Good, this is one form. The second form?
The student: Like if he has a harvested wheat farm and...
The Shaykh : That he sells it as a crop?
The student: That he sells it as a crop for harvested grain.
The Shaykh : For harvested wheat, meaning grain, the crop for the grain. Good, the third form?
The student: ...
The Shaykh : Two forms?
The student: ...
The Shaykh : Yes.
The student: Selling the grain on the stalk before...
The Shaykh : No, no. Good, what is observed in this prohibition?
The student: The prohibition?
The Shaykh : Yes.
The student: It is abstaining from...
The Shaykh : No, I am asking what is observed in it, meaning why is it forbidden to sell a crop for a crop of the same kind, or to sell a crop for grain of the same kind?
The student: ...
The Shaykh : Huh?
The student: Because riba (usury or interest) is observed in it.
The Shaykh : Correct, riba (usury or interest) is observed in it. Good, because it is a condition in selling something for its kind that there be equality, and equality is absent here. Good, muzabanah, Shaybah?
The student: Muzabanah...
The Shaykh : Where is it taken from?
The student: It is taken from the grapes.
The Shaykh : The grapes?!
The student: Meaning from the sale of the grapes...
The Shaykh : Wait, wait, muzabanah has a ba and a nun, it is not ba and ba, yes.
The student: It is taken from al-zabn.
The Shaykh : Shaker?
The student: It is taken from al-zabn.
The Shaykh : From al-zabn, and what is that?
The student: It is pushing.
The Shaykh : Pushing. Good, well done. So what is its meaning, Shaybah?
The student: Its meaning is that he sells grapes on the tree for dried raisins.
The Shaykh : Fine, this is one. The second form, the second form, yes?
The student: That he sells dates for fresh dates...
The Shaykh : Huh?
The student: That he sells the dates...
The Shaykh : Brother?
The student: That he sells the fresh dates on the tops of the palm trees for dates.
The Shaykh : That he sells the fresh dates for dates, huh? Good, is anything excepted from that? 'Abd al-Rahman Ibrahim?
The student: The sale of al-'araya.
The Shaykh : What is that...
The student: Selling fresh dates for dates.
The Shaykh : Selling fresh dates on the tops of the palm trees for dates. Well done, with conditions, if Allah wills they will come to us. Mukhabarah, mukhabarah, where is it taken from?
The student: It is taken from al-khabar.
The Shaykh : And he?
The student: The land that you plant...
The Shaykh : Very well.
The student: ...
The Shaykh : Does it have forms?
The student: It has five forms.
The Shaykh : The first one?
The student: That he says, I will plant your land on the condition that the wheat is for you and the barley is for me.
The Shaykh : Well done, this is one. The second?
The student: That he says to him, I will plant your land for two years, on the condition that the first year is for me and the second year is for you.
The Shaykh : Well done, the third?
The student: That he says, I will plant your land on the condition that the eastern part of the land is for me and the western part is for you.
The Shaykh : Yes, the fourth? Ahmad, the fourth?
The student: ...
The Shaykh : 'Adil?
The student: ...
The Shaykh : Huh?
The student: He says to you, one third is for me and the rest is for you.
The Shaykh : No, this is correct.
The student: That he says to you, what is planted on the canals is for me and the rest is for you.
The Shaykh : Good, 'Abd al-Rahman?
The student: I will plant your land for one hundred sa' (a dry measure of about 3 kg)...
The Shaykh : Correct, five?
The student: Yes.
The Shaykh : Good, al-thunya except when it is known, 'Aliyan. How is al-thunya except when it is known?
The student: ...
The Shaykh : Al-thunya is from the exception, al-thunya is from the exception, except when it is known. Give an example with a known al-thunya and an example with an unknown al-thunya?
The student: ...
The Shaykh : What is this?
The student: The known al-thunya.
The Shaykh : Huh?
The student: Known.
The Shaykh : From the known, I sold you this thing, I sold you this land except half of it, except a quarter of it, except a fifth of it. Good, this is known. The unknown one?
The student: I sold you this pile of wheat except...
The Shaykh : Why don't you bring something agreed upon?
The student: Good, I sold you this palm tree except one.
The Shaykh : Except one, is it unknown, or did he say except this one?
The student: Known.
The Shaykh : So this is known. Good, if he said, I sold you this land except some of it, this is unknown. Why is al-thunya except when it is known forbidden, Ghanim?
The student: Because there is ignorance and gharar (excessive uncertainty in a contract) in it...
The Shaykh : Yes
The student: It is not known...
The Shaykh : Because gharar (excessive uncertainty in a contract) and ignorance occur in it, and this leads to dispute, enmity, and hatred, so it becomes a form of maysir (gambling). Good, let us take a new lesson, I think? Huh?
The student: The prohibition is a demand to leave off something on the basis of superiority.
The Shaykh : Good, and what is the original ruling regarding the prohibition in the Shari'ah?
The student: Prohibition.
The Shaykh : The original ruling regarding prohibition is that it is forbidden, unless evidence indicates otherwise. Good, we mentioned several forms of muhaqalah, brother?
The student: I am.
The Shaykh : Yes, indeed.
The student: Muhaqalah is from al-haql, and it is selling a field for a field.
The Shaykh : Does it have forms? Several forms. The first form?
The student: Selling wheat for wheat.
The Shaykh : How, yes?
The student: I have a farm and you have a farm, so I sell you my farm on the condition that you sell me your farm, and both are of wheat.
The Shaykh : Wait, I sell you on the condition that you sell me so and so?
The student: I sell you my farm on the condition that you sell me...
The Shaykh : No.
The student: It is muhaqalah, taken from al-haql and the crop; it is selling a farm for a farm of that in which riba (usury or interest) applies.
The Shaykh : Correct.
The student: Selling a wheat farm for a wheat farm.
The Shaykh : Good, it has forms. The first form is that one sells a farm for a farm in which riba (usury or interest) applies between them, like a wheat farm for a wheat farm. Not that he sells him a farm on the condition that he sells him a farm, no, that he sells him a farm for a farm. Good, this is one form. The second form?
The student: Like if he has a harvested wheat farm and...
The Shaykh : That he sells it as a crop?
The student: That he sells it as a crop for harvested grain.
The Shaykh : For harvested wheat, meaning grain, the crop for the grain. Good, the third form?
The student: ...
The Shaykh : Two forms?
The student: ...
The Shaykh : Yes.
The student: Selling the grain on the stalk before...
The Shaykh : No, no. Good, what is observed in this prohibition?
The student: The prohibition?
The Shaykh : Yes.
The student: It is abstaining from...
The Shaykh : No, I am asking what is observed in it, meaning why is it forbidden to sell a crop for a crop of the same kind, or to sell a crop for grain of the same kind?
The student: ...
The Shaykh : Huh?
The student: Because riba (usury or interest) is observed in it.
The Shaykh : Correct, riba (usury or interest) is observed in it. Good, because it is a condition in selling something for its kind that there be equality, and equality is absent here. Good, muzabanah, Shaybah?
The student: Muzabanah...
The Shaykh : Where is it taken from?
The student: It is taken from the grapes.
The Shaykh : The grapes?!
The student: Meaning from the sale of the grapes...
The Shaykh : Wait, wait, muzabanah has a ba and a nun, it is not ba and ba, yes.
The student: It is taken from al-zabn.
The Shaykh : Shaker?
The student: It is taken from al-zabn.
The Shaykh : From al-zabn, and what is that?
The student: It is pushing.
The Shaykh : Pushing. Good, well done. So what is its meaning, Shaybah?
The student: Its meaning is that he sells grapes on the tree for dried raisins.
The Shaykh : Fine, this is one. The second form, the second form, yes?
The student: That he sells dates for fresh dates...
The Shaykh : Huh?
The student: That he sells the dates...
The Shaykh : Brother?
The student: That he sells the fresh dates on the tops of the palm trees for dates.
The Shaykh : That he sells the fresh dates for dates, huh? Good, is anything excepted from that? 'Abd al-Rahman Ibrahim?
The student: The sale of al-'araya.
The Shaykh : What is that...
The student: Selling fresh dates for dates.
The Shaykh : Selling fresh dates on the tops of the palm trees for dates. Well done, with conditions, if Allah wills they will come to us. Mukhabarah, mukhabarah, where is it taken from?
The student: It is taken from al-khabar.
The Shaykh : And he?
The student: The land that you plant...
The Shaykh : Very well.
The student: ...
The Shaykh : Does it have forms?
The student: It has five forms.
The Shaykh : The first one?
The student: That he says, I will plant your land on the condition that the wheat is for you and the barley is for me.
The Shaykh : Well done, this is one. The second?
The student: That he says to him, I will plant your land for two years, on the condition that the first year is for me and the second year is for you.
The Shaykh : Well done, the third?
The student: That he says, I will plant your land on the condition that the eastern part of the land is for me and the western part is for you.
The Shaykh : Yes, the fourth? Ahmad, the fourth?
The student: ...
The Shaykh : 'Adil?
The student: ...
The Shaykh : Huh?
The student: He says to you, one third is for me and the rest is for you.
The Shaykh : No, this is correct.
The student: That he says to you, what is planted on the canals is for me and the rest is for you.
The Shaykh : Good, 'Abd al-Rahman?
The student: I will plant your land for one hundred sa' (a dry measure of about 3 kg)...
The Shaykh : Correct, five?
The student: Yes.
The Shaykh : Good, al-thunya except when it is known, 'Aliyan. How is al-thunya except when it is known?
The student: ...
The Shaykh : Al-thunya is from the exception, al-thunya is from the exception, except when it is known. Give an example with a known al-thunya and an example with an unknown al-thunya?
The student: ...
The Shaykh : What is this?
The student: The known al-thunya.
The Shaykh : Huh?
The student: Known.
The Shaykh : From the known, I sold you this thing, I sold you this land except half of it, except a quarter of it, except a fifth of it. Good, this is known. The unknown one?
The student: I sold you this pile of wheat except...
The Shaykh : Why don't you bring something agreed upon?
The student: Good, I sold you this palm tree except one.
The Shaykh : Except one, is it unknown, or did he say except this one?
The student: Known.
The Shaykh : So this is known. Good, if he said, I sold you this land except some of it, this is unknown. Why is al-thunya except when it is known forbidden, Ghanim?
The student: Because there is ignorance and gharar (excessive uncertainty in a contract) in it...
The Shaykh : Yes
The student: It is not known...
The Shaykh : Because gharar (excessive uncertainty in a contract) and ignorance occur in it, and this leads to dispute, enmity, and hatred, so it becomes a form of maysir (gambling). Good, let us take a new lesson, I think? Huh?