Benefits of the Hadith: (Do not intercept travelers, and do not sell to a Bedouin by a resident).
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The Shaykh : In this hadith, there are many benefits:
First, the prohibition of intercepting travelers to buy from them, based on his saying: Is this prohibition for prohibition (tahrim) or for dislike (karahah)?
The student: For prohibition (tahrim).
The Shaykh : For prohibition (tahrim), because the original ruling for a prohibition is prohibition (tahrim), and because of the operative cause ('illah) that is lost by this interception.
And among the benefits of this hadith is the protection by the Shari'ah of the individual and collective interests of the people. The individual interest, because the prohibition of intercepting travelers protects whom?
The student: The seller.
The Shaykh : It protects the seller, and this is an individual interest, and it deprives the people of the town of their interest, and this is a collective interest. So the Shari'ah protects individual and collective interests.
The apparent meaning of the hadith is the prohibition of intercepting travelers, whether they know about the goods or not, whether they know the price or not. If they do not know, the matter is clear, meaning the operative cause of the prohibition is apparent. But if they do know, the operative cause is that this not be taken as a means to intercept those who do not what?
The student: Those who do not know.
The Shaykh : Those who do not know. It is true that those who came to the town to sell their goods might know the prices exactly, and they might not have come to this town except with knowledge of the price, especially in times like ours where transportation is easy, and one of them can check by phone and know the value before he sets out from his town, let alone when he arrives in the town. But we say the hadith is general, and the door must be blocked (sadd al-dhara'i').
Now, if he buys from him, is the sale valid or not valid?
The student: ...
The Shaykh : We say there are two opinions among the scholars, and this is the fourth benefit: two opinions among the scholars. Some scholars say that the sale is not valid, because the prohibition of interception is intended to prohibit buying, so the prohibition is literally returned to the buying, and this buying is prohibited and cannot be valid.
But the correct view is that the buying is valid, and the evidence for that is what follows in the hadith after it, that the Prophet (peace and blessings be upon him) said:Bulugh al-Maram 7:33 They said, and the establishment of the option (khiyar) for him is a branch of the validity of the sale, because there is no option except what?
The student: ...
The Shaykh : Except after a sale. There is no option except after a sale. And there is no doubt that this is the apparent meaning of the hadith, that the sale is valid, by the evidence that the Prophet (peace and blessings be upon him) established for the travelers what?
The student: The option (khiyar).
The Shaykh : The option (khiyar), and the establishment of the option (khiyar) is a branch of the validity of the sale. It is possible for someone to say that the intended meaning of the option (khiyar) is ratification, that the intended meaning of the option (khiyar) is ratification, and that this is from the category of the action of a non-authorized agent (fuduli). From the category of the action of a non-authorized agent. Based on this, the contract is suspended until its owner comes to the market and has the option (khiyar). If he permits it, the sale is executed; if he does not permit it, the sale is not executed from the start. And branching from this is what happens if this sold item perishes between its purchase from outside the town and its arrival in the town. If we say the sale is valid, on whom is its guarantee?
The student: The buyer.
The Shaykh : On the buyer, because it is his property. And if we say the sale is not valid and that it is the action of a non-authorized agent, the guarantee is on the seller. But we have room to take the apparent meaning of the hadith and say the original ruling is that the establishment of the option (khiyar) is a branch of what?
The student: The validity...
The Shaykh : The validity of the sale. And in that case, the sale is valid, and the intercepting seller has the option (khiyar) when he reaches the market.
It is also possible to apply the rules and say that the prohibition here does not return to a meaning related to the sold item, it does not return to a meaning related to the sold item, but rather to a meaning related to the seller, because he is deceived and bought from cheaply. The Lawgiver made the matter related to the seller or the contracting party such that the contracting party has the option (khiyar) with the validity of the sale, by the evidence that he said:Bulugh al-Maram 7:40 So, regarding the bringing in, we say... the one who bought from him, the buying is valid, but the bringer has the option (khiyar) when he reaches the market. If he was deceived, he returns the sale; if he was not deceived, the option (khiyar) is his.
Now, among the benefits of the hadith is the prohibition of a resident selling to a Bedouin, the prohibition of a resident selling to a Bedouin, based on his saying, O Adam?
The student: ...
The Shaykh : The prohibition of a resident selling to a Bedouin. The question for Adam?
The student: The Prophet (peace and blessings be upon him) prohibited a resident from selling to a Bedouin.
The Shaykh : Good, fine, because the Prophet (peace and blessings be upon him) prohibited that.
And among its benefits is also that the apparent meaning of the hadith is that he does not sell to him absolutely, whether the resident intended the Bedouin or the Bedouin intended the resident. That is, whether the owner of the town went to the newcomer and said, "I will sell you your goods," or the newcomer came to the town, came to the man and said, "Take this goods and sell it." The apparent meaning of the hadith is that both scenarios are forbidden (haram) due to the generality of his saying:Sunan Ibn Majah 2175Sahih (Darussalam) This is one point. And some scholars said that if the resident intended him, there is no harm in selling to him, even by way of brokerage, because...
The student: The Bedouin, the Bedouin.
The Shaykh : If the Bedouin intended him, if the resident intended him, there is no harm in selling to him, even by way of brokerage. And that is because the Bedouin does not want to sell it as a Bedouin sale, by the evidence that he is the one who came to the...
The student: The resident.
The Shaykh : The resident. And this is the well-known view from the madhhab of Imam Ahmad (may Allah have mercy on him). And if the Bedouin intended him, there is no harm in selling to him, because the Bedouin did not want to sell it as a Bedouin sale or a Bedouin's sale, but he wanted it to be sold as a resident's sale.
Second, the apparent meaning of the hadith is that there is no difference between the Bedouin knowing the price or being ignorant of it. Even if he knows, the intended benefit is lost, because if he knows the price, he will not sell it except as people sell. So the apparent meaning of the hadith is that he does not sell to him, whether he knows the price or not. And the well-known view from the Hanbali madhhab is also that if he knows the price, there is no harm in selling to him, because the meaning for which the Lawgiver prohibited a resident from selling to a Bedouin is absent in this scenario, that is, when the Bedouin knows the price, because whether the resident comes to him or not, he will not sell except at the price, and he deprives the people of the town of the profit and benefit. Third, the apparent meaning of the hadith is that there is no difference between the goods being something people need, like food and clothing, or something people do not need, like luxury items, is that not so?
The student: Yes.
The Shaykh : So if the bringer brought food, or brought entertainment items that people do not need, the ruling is the same. But the Hanbali jurists stipulated that people must have a need for it. If people do not have a need for it, there is no harm in a resident selling to a Bedouin. But we should take the apparent meaning of the hadith unless there is clear evidence indicating specification.
Remaining issue: If the resident sold to the Bedouin out of generosity and advice, because he knew that the Bedouin would be deceived, either because he knows that he is a man not very strong in buying and selling, or he knows that the people of the town who sell or buy from the bringer are people who deceive, so he wanted to advise this newcomer and sell to him out of generosity. Is this permissible or not? The answer is based on the interpretation of Ibn 'Abbas?
The student: Permissible.
The Shaykh : And based on the apparent meaning of the hadith, it is not permissible, because the hadith is absolute. And what absolves a person's conscience is to take the apparent meaning of the text, because Allah will ask him on the Day of Resurrection not about so-and-so's understanding, but about what he answered the messengers with, he will ask him about the words of the Messenger (peace and blessings be upon him). So it is obligatory for a person to take the apparent meaning of the texts unless he knows from other texts that this is not intended. If he knows that it is not intended, then that is an argument before Allah (Mighty and Majestic).
Now, in this hadith also, in its second sentence, is the sale of a resident to a Bedouin valid? Yes, the well-known view from the madhhab is that it is not valid if the conditions are met, that the resident intended him, the Bedouin did not know the price, and people have a need for it. If the conditions are met, then the sale is not valid, and this is the apparent meaning of the hadith, that the sale is not valid. But if the buyer permits it and says, "I am satisfied," it should be valid, because the prohibition of a resident selling to a Bedouin is for the benefit of whom? Here, for the benefit of the buyer. So if he is satisfied with that, there is no harm. Then he said...
The student : Shaykh?
The Shaykh : Yes?
The student: ... the Bedouin and the resident.
First, the prohibition of intercepting travelers to buy from them, based on his saying:
Do not meet
لا تلقّواThe student: For prohibition (tahrim).
The Shaykh : For prohibition (tahrim), because the original ruling for a prohibition is prohibition (tahrim), and because of the operative cause ('illah) that is lost by this interception.
And among the benefits of this hadith is the protection by the Shari'ah of the individual and collective interests of the people. The individual interest, because the prohibition of intercepting travelers protects whom?
The student: The seller.
The Shaykh : It protects the seller, and this is an individual interest, and it deprives the people of the town of their interest, and this is a collective interest. So the Shari'ah protects individual and collective interests.
The apparent meaning of the hadith is the prohibition of intercepting travelers, whether they know about the goods or not, whether they know the price or not. If they do not know, the matter is clear, meaning the operative cause of the prohibition is apparent. But if they do know, the operative cause is that this not be taken as a means to intercept those who do not what?
The student: Those who do not know.
The Shaykh : Those who do not know. It is true that those who came to the town to sell their goods might know the prices exactly, and they might not have come to this town except with knowledge of the price, especially in times like ours where transportation is easy, and one of them can check by phone and know the value before he sets out from his town, let alone when he arrives in the town. But we say the hadith is general, and the door must be blocked (sadd al-dhara'i').
Now, if he buys from him, is the sale valid or not valid?
The student: ...
The Shaykh : We say there are two opinions among the scholars, and this is the fourth benefit: two opinions among the scholars. Some scholars say that the sale is not valid, because the prohibition of interception is intended to prohibit buying, so the prohibition is literally returned to the buying, and this buying is prohibited and cannot be valid.
But the correct view is that the buying is valid, and the evidence for that is what follows in the hadith after it, that the Prophet (peace and blessings be upon him) said:
Do not go out to meet what is being brought (to market for sale). Whoever has done so and bought some of it, when its owner comes to the market he has the choice (of canceling the deal).
لا تلقّوا الجلب فمن تلقّى فاشترى منه فإذا أتى سيّده السوق فهو بالخيارThe student: ...
The Shaykh : Except after a sale. There is no option except after a sale. And there is no doubt that this is the apparent meaning of the hadith, that the sale is valid, by the evidence that the Prophet (peace and blessings be upon him) established for the travelers what?
The student: The option (khiyar).
The Shaykh : The option (khiyar), and the establishment of the option (khiyar) is a branch of the validity of the sale. It is possible for someone to say that the intended meaning of the option (khiyar) is ratification, that the intended meaning of the option (khiyar) is ratification, and that this is from the category of the action of a non-authorized agent (fuduli). From the category of the action of a non-authorized agent. Based on this, the contract is suspended until its owner comes to the market and has the option (khiyar). If he permits it, the sale is executed; if he does not permit it, the sale is not executed from the start. And branching from this is what happens if this sold item perishes between its purchase from outside the town and its arrival in the town. If we say the sale is valid, on whom is its guarantee?
The student: The buyer.
The Shaykh : On the buyer, because it is his property. And if we say the sale is not valid and that it is the action of a non-authorized agent, the guarantee is on the seller. But we have room to take the apparent meaning of the hadith and say the original ruling is that the establishment of the option (khiyar) is a branch of what?
The student: The validity...
The Shaykh : The validity of the sale. And in that case, the sale is valid, and the intercepting seller has the option (khiyar) when he reaches the market.
It is also possible to apply the rules and say that the prohibition here does not return to a meaning related to the sold item, it does not return to a meaning related to the sold item, but rather to a meaning related to the seller, because he is deceived and bought from cheaply. The Lawgiver made the matter related to the seller or the contracting party such that the contracting party has the option (khiyar) with the validity of the sale, by the evidence that he said:
Do not tie up the udders of camels and goats. He who buys them after that (has been done) has two choices open to him after milking them: he may keep them if he wishes, or may return them along with one Sa' of dates.
لا تصرّوا الإبل والغنم فمن ابتاعها بعد فهو بالخيار إن شاء أمسك وإن شاء ردّها وصاعا من تمرNow, among the benefits of the hadith is the prohibition of a resident selling to a Bedouin, the prohibition of a resident selling to a Bedouin, based on his saying, O Adam?
The student: ...
The Shaykh : The prohibition of a resident selling to a Bedouin. The question for Adam?
The student: The Prophet (peace and blessings be upon him) prohibited a resident from selling to a Bedouin.
The Shaykh : Good, fine, because the Prophet (peace and blessings be upon him) prohibited that.
And among its benefits is also that the apparent meaning of the hadith is that he does not sell to him absolutely, whether the resident intended the Bedouin or the Bedouin intended the resident. That is, whether the owner of the town went to the newcomer and said, "I will sell you your goods," or the newcomer came to the town, came to the man and said, "Take this goods and sell it." The apparent meaning of the hadith is that both scenarios are forbidden (haram) due to the generality of his saying:
A City-dweller should not sell for a Bedouin.
لا يبيع حاضر لبادٍThe student: The Bedouin, the Bedouin.
The Shaykh : If the Bedouin intended him, if the resident intended him, there is no harm in selling to him, even by way of brokerage. And that is because the Bedouin does not want to sell it as a Bedouin sale, by the evidence that he is the one who came to the...
The student: The resident.
The Shaykh : The resident. And this is the well-known view from the madhhab of Imam Ahmad (may Allah have mercy on him). And if the Bedouin intended him, there is no harm in selling to him, because the Bedouin did not want to sell it as a Bedouin sale or a Bedouin's sale, but he wanted it to be sold as a resident's sale.
Second, the apparent meaning of the hadith is that there is no difference between the Bedouin knowing the price or being ignorant of it. Even if he knows, the intended benefit is lost, because if he knows the price, he will not sell it except as people sell. So the apparent meaning of the hadith is that he does not sell to him, whether he knows the price or not. And the well-known view from the Hanbali madhhab is also that if he knows the price, there is no harm in selling to him, because the meaning for which the Lawgiver prohibited a resident from selling to a Bedouin is absent in this scenario, that is, when the Bedouin knows the price, because whether the resident comes to him or not, he will not sell except at the price, and he deprives the people of the town of the profit and benefit. Third, the apparent meaning of the hadith is that there is no difference between the goods being something people need, like food and clothing, or something people do not need, like luxury items, is that not so?
The student: Yes.
The Shaykh : So if the bringer brought food, or brought entertainment items that people do not need, the ruling is the same. But the Hanbali jurists stipulated that people must have a need for it. If people do not have a need for it, there is no harm in a resident selling to a Bedouin. But we should take the apparent meaning of the hadith unless there is clear evidence indicating specification.
Remaining issue: If the resident sold to the Bedouin out of generosity and advice, because he knew that the Bedouin would be deceived, either because he knows that he is a man not very strong in buying and selling, or he knows that the people of the town who sell or buy from the bringer are people who deceive, so he wanted to advise this newcomer and sell to him out of generosity. Is this permissible or not? The answer is based on the interpretation of Ibn 'Abbas?
The student: Permissible.
The Shaykh : And based on the apparent meaning of the hadith, it is not permissible, because the hadith is absolute. And what absolves a person's conscience is to take the apparent meaning of the text, because Allah will ask him on the Day of Resurrection not about so-and-so's understanding, but about what he answered the messengers with, he will ask him about the words of the Messenger (peace and blessings be upon him). So it is obligatory for a person to take the apparent meaning of the texts unless he knows from other texts that this is not intended. If he knows that it is not intended, then that is an argument before Allah (Mighty and Majestic).
Now, in this hadith also, in its second sentence, is the sale of a resident to a Bedouin valid? Yes, the well-known view from the madhhab is that it is not valid if the conditions are met, that the resident intended him, the Bedouin did not know the price, and people have a need for it. If the conditions are met, then the sale is not valid, and this is the apparent meaning of the hadith, that the sale is not valid. But if the buyer permits it and says, "I am satisfied," it should be valid, because the prohibition of a resident selling to a Bedouin is for the benefit of whom? Here, for the benefit of the buyer. So if he is satisfied with that, there is no harm. Then he said...
The student : Shaykh?
The Shaykh : Yes?
The student: ... the Bedouin and the resident.