Explanation of the Book of Sales-12
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The Shaykh :"And from Abu Hurayrah (may Allah be pleased with him), from the Prophet (peace and blessings be upon him), who said: Sahih al-Bukhari 2148 to the end of it":
: "La" is a negative particle, and "tasuru" is a present tense verb in the jussive mood due to the negative particle "la," and the sign of its jussive mood is the deletion of the nun. The waw is the subject, and it is narrated in two forms: "tasuru" and "tusruru," and the more correct is the latter, derived from "tasriyah," which means gathering.
And his saying: means: the milk of camels and cows. They used to gather its milk in their udders, so that the one who sees them thinks! They used to gather its milk in their udders!
The student: Sheep.
The Shaykh : What did I say?
The student: Cows.
The Shaykh : They milk the camels, they gather the milk in their udders, the udders of camels and sheep, so that the one who sees them thinks they have a lot of milk and buys them for a higher price. So the Prophet (peace and blessings be upon him) forbade them from that, because that is deception, trickery, and betrayal. And among the jurists, it falls under the category of "tadlis": which is displaying the defective with a quality better than it actually is.
And his saying:: "Al-ibil" (camels) is a collective noun with no singular form in its wording, but it has a singular in meaning. What is its singular? A camel.
And the singular of "al-ghanam" (sheep) is "ghanamah," and it includes sheep and goats.
He said: means: so whoever bought it, "ba'du": meaning: after the "tasriyah." "Ba'du" is built on the dammah because the thing to which it is added was deleted and its meaning was intended. It has passed us that "ba'd" (after), "qabl" (before), and their sisters have states: sometimes they are built on the dammah, sometimes they are inflected with tanwin, and sometimes they are inflected without tanwin.
When are they inflected without tanwin? When they are added to something in wording or in meaning.
And they are inflected with tanwin when they are cut off from addition in both wording and meaning.
And they are built on the dammah when they are cut off from addition in wording but not in meaning, meaning that the thing to which they are added is deleted and its meaning is intended.
Now, and his saying:: meaning, he is in what he sees as better for him. From what? He said: Sahih Muslim 1524d.
And his saying:: the duration of the choice was not mentioned in this narration.
But he said: "And Muslim has:Sunan Ibn Majah 2239Sahih (Darussalam), and in a narration that al-Bukhari suspended: Jami` at-Tirmidhi 1252Sahih (Darussalam) Al-Bukhari said: Dates are more common.
And from Ibn Mas'ud (may Allah be pleased with him): Narrated by al-Bukhari, and al-Isma'ili added: ":
This hadith, as you see, the Prophet (peace and blessings be upon him) forbade the "tasriyah" of camels and sheep, and the prohibition implies prohibition. So it is derived from that: the prohibition of the "tasriyah" of camels and sheep, meaning: gathering the milk in their udders. Is anything other than camels and sheep included? The answer is: yes, such as cows, buffaloes, and others. Is what is forbidden to eat included with what is permissible to eat, such as the female donkey? Yes?
Some scholars said: it is included, because the abundance of milk in the female donkey is indeed intended, even if a person does not drink it, but her offspring and the offspring of others drink it, so it is intended.
And some scholars said: rather, the "tasriyah" of the female donkey has no ruling, because its milk has no value. And the Prophet (peace and blessings be upon him) made a compensation for this milk that is gathered, which is a sa' of dates. Yes, from the benefits of the hadith.
The student: The stronger position?
The Shaykh : The stronger position is the first one. The stronger position is that it is specific to milk that is permissible. May Allah except if that is a defect in the female donkey, then the buyer has the right to annul the contract because of the defect.
Don't keep camels and sheep unmilked for a long time, for whoever buys such an animal has the option
لا تصرُّوا الإبل والغنم، فمن ابتاعها بعد فهو بالخيارDo not milk
لا تصرواAnd his saying:
The camels and cows
الإبل والبقرThe student: Sheep.
The Shaykh : What did I say?
The student: Cows.
The Shaykh : They milk the camels, they gather the milk in their udders, the udders of camels and sheep, so that the one who sees them thinks they have a lot of milk and buys them for a higher price. So the Prophet (peace and blessings be upon him) forbade them from that, because that is deception, trickery, and betrayal. And among the jurists, it falls under the category of "tadlis": which is displaying the defective with a quality better than it actually is.
And his saying:
The camels and sheep
الإبل والغنمAnd the singular of "al-ghanam" (sheep) is "ghanamah," and it includes sheep and goats.
He said:
And whoever buys them after
فمن ابتاعها بعدWhen are they inflected without tanwin? When they are added to something in wording or in meaning.
And they are inflected with tanwin when they are cut off from addition in both wording and meaning.
And they are built on the dammah when they are cut off from addition in wording but not in meaning, meaning that the thing to which they are added is deleted and its meaning is intended.
Now, and his saying:
He has the choice of two options
فهو بخبر النظرينHe may retain it, and if he desires may return it along with a sa' of dates
إن شاء أمسكها وإن شاء ردها وصاعا من تمرAnd his saying:
After he has milked them
بعد أن يحملهاBut he said: "And Muslim has:
he has the choice (of annulling the deal) for three days
فهو بالخيار ثلاثة أيامhe is to return with it a Sa' of food, not Samra'
وردَ معها صاعًا من طعام لا سمراءAnd from Ibn Mas'ud (may Allah be pleased with him):
Whoever buys a she-goat that is in milk and returns it, let him return with it a sa' (a dry measure of about 3 kg).
من اشترى شاة ملحفة فردها فليرد معها صاعاof dates.
من تمرThis hadith, as you see, the Prophet (peace and blessings be upon him) forbade the "tasriyah" of camels and sheep, and the prohibition implies prohibition. So it is derived from that: the prohibition of the "tasriyah" of camels and sheep, meaning: gathering the milk in their udders. Is anything other than camels and sheep included? The answer is: yes, such as cows, buffaloes, and others. Is what is forbidden to eat included with what is permissible to eat, such as the female donkey? Yes?
Some scholars said: it is included, because the abundance of milk in the female donkey is indeed intended, even if a person does not drink it, but her offspring and the offspring of others drink it, so it is intended.
And some scholars said: rather, the "tasriyah" of the female donkey has no ruling, because its milk has no value. And the Prophet (peace and blessings be upon him) made a compensation for this milk that is gathered, which is a sa' of dates. Yes, from the benefits of the hadith.
The student: The stronger position?
The Shaykh : The stronger position is the first one. The stronger position is that it is specific to milk that is permissible. May Allah except if that is a defect in the female donkey, then the buyer has the right to annul the contract because of the defect.