Explanation of the Book of Sales-11
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The Shaykh : Then the author (may Allah have mercy on him) said:
"And from Abu Hurayrah (may Allah be pleased with him), he said: The Messenger of Allah (peace and blessings be upon him) said:Bulugh al-Maram 7:33 Muslim narrated it":
His statement: We say in this what we said in: , but here "al-jalab" is a verb used in the sense of a passive participle, meaning: do not intercept the goods brought in.
Bulugh al-Maram 7:33 That is: from this brought-in goods That is: the owner of the brought-in goods, who is his original owner, Good.
The prohibition here is intended to mean: the prohibition of intercepting and buying. As for merely intercepting the brought-in goods in order to host them or welcome them or the like, then the prohibition does not apply to this.
And his statement:Bulugh al-Maram 7:33 That is: from this brought-in goods, meaning: the goods brought in, The owner of the brought-in goods, who is the original owner, because "sayyid" (master/owner) is used for the owner, and it has many known usages in the language.
And his statement:Sahih Muslim 1519b Means: the market of trade where selling and buying take place. So the "al" in his statement: is for the definite article, which of the definite articles? The mental definite article, because there are three types of definite articles: the referential definite article, the mental definite article, and the present definite article:
So the referential definite article is when the noun preceded by "al" has been mentioned before, such as His saying, the Exalted:[Al-Muzzammil 73:15-16], from the Messenger? The one mentioned. And as for the present definite article, it is when "al" is in the position of a demonstrative pronoun, such as: [Al-Ma'idah 5:3], for its estimation is: this day I have completed for you your religion, so "al" points to something present.
As for the mental definite article, it is when the noun preceded by "al" is known in the mind, meaning understood by people, as if I said: So-and-so and So-and-so went to the judge. Who is the judge? Ah, it is known, it always refers to the court, to the judge in the court. We say: What is the "al" here? It is for the definite article, which of the definite articles? The mental one.
Here:Sahih Muslim 1519b The market, the "al" is for the definite article, which of the definite articles?
The student: Mental (al-dhahni).
The Shaykh : The mental one, because it was not mentioned before, and "al" was not in the meaning of a demonstrative pronoun, so "al" was for the mental definite article, meaning the market of trade where selling and buying take place.
And his statement: "Al-khiyar" (the option) means the verbal noun of "ikhtara" (to choose), because the verbal noun of "ikhtara" is what? "Ikhtiyaran" (choosing), and the verbal noun is "khiyar" (option), and the verbal noun is: what indicates the meaning of the verbal noun without its letters, or what contains the meaning of the verbal noun without its letters, such as: "kalam" (speech) from "kalam" (to speak), and the verbal noun is "taklim" (speaking), "salam" (peace) from "salam" (to be safe), and the verbal noun is "taslim" (giving peace), here "khiyar" is from "ikhtara" and the verbal noun is "ikhtiyar".
Good, so he has the choice, meaning: he looks at what is better for him, either confirming the sale or canceling it. And the wisdom of the prohibition of intercepting the brought-in goods is what we referred to previously, that it involves harming the seller and harming the people of the market. As for the seller, because the interceptor usually cheats the intercepted person, is that not so? And if he did not cheat him, he would not go to the trouble and go out.
And the second is: harming the town by depriving them of the expected profit from buying from this what? The one who brings in goods, from this one who brings in goods. Good.
"And from Abu Hurayrah (may Allah be pleased with him), he said: The Messenger of Allah (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 تلقَّوا الجَلَب فمن تلقي فاشترى منه ، فإذا أتى سيده السوق فهو بالخيارHis statement:
Do not intercept the goods brought in by travelers.
لا تلقوا الجلبDo not intercept the travelers.
لا تلقوا الركبانWhoever has done so and bought some of it
فمن تلقى فاشترى منهThen when their owner reaches.
فإذا أتى سيدهHe has the option.
فهو بالخيارThe prohibition here is intended to mean: the prohibition of intercepting and buying. As for merely intercepting the brought-in goods in order to host them or welcome them or the like, then the prohibition does not apply to this.
And his statement:
Whoever has done so and bought some of it
فمن تلقى فاشترى منهThen when his owner reaches.
فإذا أتى سيدُهAnd his statement:
when the owner of (merchandise) comes into the market
فإذا أتى سيده السُّوقThe market.
السوقSo the referential definite article is when the noun preceded by "al" has been mentioned before, such as His saying, the Exalted:
just as We sent to Pharaoh a messenger. (16) But Pharaoh disobeyed the messenger
كما أرسلنا إلى فرعون رسولا فعصى فرعون الرسولThis day I have perfected for you your religion
اليوم أكملت لكم دينكمAs for the mental definite article, it is when the noun preceded by "al" is known in the mind, meaning understood by people, as if I said: So-and-so and So-and-so went to the judge. Who is the judge? Ah, it is known, it always refers to the court, to the judge in the court. We say: What is the "al" here? It is for the definite article, which of the definite articles? The mental one.
Here:
when the owner of (merchandise) comes into the market
إذا أتى سيده السوقThe student: Mental (al-dhahni).
The Shaykh : The mental one, because it was not mentioned before, and "al" was not in the meaning of a demonstrative pronoun, so "al" was for the mental definite article, meaning the market of trade where selling and buying take place.
And his statement:
He has the option.
فهو بالخيارGood, so he has the choice, meaning: he looks at what is better for him, either confirming the sale or canceling it. And the wisdom of the prohibition of intercepting the brought-in goods is what we referred to previously, that it involves harming the seller and harming the people of the market. As for the seller, because the interceptor usually cheats the intercepted person, is that not so? And if he did not cheat him, he would not go to the trouble and go out.
And the second is: harming the town by depriving them of the expected profit from buying from this what? The one who brings in goods, from this one who brings in goods. Good.