Continuation of the explanation of the hadith: (Anas - may Allah be pleased with him - said: "The Messenger of Allah (peace and blessings be upon him) forbade al-muhaqalah, al-mukhadarah, al-mulamasah, al-munabadhah, and al-muzabanah")
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The Shaykh : And from Anas ibn Malik (may Allah be pleased with him), he said: Bulugh al-Maram 7:31 . Narrated by al-Bukhari.
All of these are also types of sale that contain excessive uncertainty (gharar) and ignorance, or usury (riba), or the possibility of usury.
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-khudhar (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 excessive uncertainty (gharar). The grain may be afflicted with diseases, leading to a dispute between the buyer and the seller. What is an example? A man has a farm where the ears have come out, 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. However, 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 one says, "Any garment 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. Therefore, it is not permissible because it contains excessive uncertainty (gharar) and ignorance, and this leads to dispute, enmity, and hatred.
Likewise, if he says, "Any garment you touch, even if he did not cover his eyes, is yours for such-and-such," it is not permissible. Because even if the buyer knows it, it is unknown to whom? The seller. Because the seller does not sell any garment this person touches; he has varied garments, some worth one hundred, some worth five hundred, some worth a thousand, and some worth ten thousand. He says, "Any garment you touch from these garments is yours for fifty." Tell me, which garment will the buyer choose?
The student: ...
The Shaykh : Huh?
The student: The most expensive garment.
The Shaykh : The highest thing. He takes the garment worth a thousand, or perhaps he takes one 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 garment I throw, for nabdh means to throw, any garment I throw is yours for such-and-such." He says there is no obstacle. What does the seller choose here?
The student: The lowest thing.
The Shaykh : The lowest thing, the cheapest garment, and the buyer will be deceived, so it is not valid. Or he says, for example, "Throw a pebble or a stick or the like, and whatever garment 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 so that there is no what? 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 applies to 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 which point to usury (riba), and some of which point to ignorance and gambling (maysir). "And from Tawus from Ibn Abbas (may Allah be pleased with him), he 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 excessive uncertainty (gharar) and ignorance, or usury (riba), or the possibility of usury.
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-khudhar (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 excessive uncertainty (gharar). The grain may be afflicted with diseases, leading to a dispute between the buyer and the seller. What is an example? A man has a farm where the ears have come out, 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. However, 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 one says, "Any garment 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. Therefore, it is not permissible because it contains excessive uncertainty (gharar) and ignorance, and this leads to dispute, enmity, and hatred.
Likewise, if he says, "Any garment you touch, even if he did not cover his eyes, is yours for such-and-such," it is not permissible. Because even if the buyer knows it, it is unknown to whom? The seller. Because the seller does not sell any garment this person touches; he has varied garments, some worth one hundred, some worth five hundred, some worth a thousand, and some worth ten thousand. He says, "Any garment you touch from these garments is yours for fifty." Tell me, which garment will the buyer choose?
The student: ...
The Shaykh : Huh?
The student: The most expensive garment.
The Shaykh : The highest thing. He takes the garment worth a thousand, or perhaps he takes one 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 garment I throw, for nabdh means to throw, any garment I throw is yours for such-and-such." He says there is no obstacle. What does the seller choose here?
The student: The lowest thing.
The Shaykh : The lowest thing, the cheapest garment, and the buyer will be deceived, so it is not valid. Or he says, for example, "Throw a pebble or a stick or the like, and whatever garment 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 so that there is no what? 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 applies to 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 which point to usury (riba), and some of which point to ignorance and gambling (maysir). "And from Tawus from Ibn Abbas (may Allah be pleased with him), he said..."
The student: The benefits.
The Shaykh : Yes, the benefits of the hadith.