If we say that a sa' of dates was returned, and the owner of the sheep desired the dates, so he milked her and then sold her for the sake of the dates, what is the ruling on that?
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The student: The hadith of the milked sheep.
The Shaykh : Yes.
The student: We said: In the hadith of the milked sheep, a sa' of dates was returned. When the dates became more expensive than the milk, he desired the dates and sold the milked sheep!
The Shaykh : Did you hear his question? He says: If we say that a sa' of dates was returned, and the owner of the sheep desired the dates, so he milked her and then sold her, in order to return it to him and return with it a sa' of dates, we say: This is not specified, because he may return it with a sa' of dates, or he may keep it.
The questioner : He may keep it and return a sa' of dates.
The Shaykh : Who?
The questioner :: meaning.
The Shaykh : The seller?
The questioner : Yes, I do.
The Shaykh : Well, the seller does not necessarily get what he wants; the buyer may not return it.
The questioner : He thinks it is likely.
The Shaykh : Yes.
The questioner : Then it was sold for more than its value, so a sa' of dates is returned to him.
The Shaykh : Not always, yes. It is usually the case that it is sold for more than its value. If it is bought for more than its value, one looks to see whether the excess is the sa' of dates or the decrease in its value. Or is it correct that the value of the dates is higher? And is it correct that some jurists discussed this and said: What do you say if the value of the sa' of dates is more than the value of the sheep? We say: If the sa' of dates is more than the value of the sheep, then the buyer will keep it, not return it, and return twice its value. Yes, Abdullah.
The Shaykh : Yes.
The student: We said: In the hadith of the milked sheep, a sa' of dates was returned. When the dates became more expensive than the milk, he desired the dates and sold the milked sheep!
The Shaykh : Did you hear his question? He says: If we say that a sa' of dates was returned, and the owner of the sheep desired the dates, so he milked her and then sold her, in order to return it to him and return with it a sa' of dates, we say: This is not specified, because he may return it with a sa' of dates, or he may keep it.
The questioner : He may keep it and return a sa' of dates.
The Shaykh : Who?
The questioner :: meaning.
The Shaykh : The seller?
The questioner : Yes, I do.
The Shaykh : Well, the seller does not necessarily get what he wants; the buyer may not return it.
The questioner : He thinks it is likely.
The Shaykh : Yes.
The questioner : Then it was sold for more than its value, so a sa' of dates is returned to him.
The Shaykh : Not always, yes. It is usually the case that it is sold for more than its value. If it is bought for more than its value, one looks to see whether the excess is the sa' of dates or the decrease in its value. Or is it correct that the value of the dates is higher? And is it correct that some jurists discussed this and said: What do you say if the value of the sa' of dates is more than the value of the sheep? We say: If the sa' of dates is more than the value of the sheep, then the buyer will keep it, not return it, and return twice its value. Yes, Abdullah.