Benefits of the Hadith: (Do not restrain camels and sheep, and whoever buys them . . . ).
Machine translationRead the Arabic original
The Shaykh : One of the benefits of the hadith is: the prohibition of concealment of defects, by analogy or by explicit text?
The student: By explicit text.
The Shaykh : How? Where is the text?
The student: Because this is a form of concealment of defects.
The Shaykh : So, by analogy, we say: Since the Lawgiver prohibited restraining camels and sheep in order to deceive the buyer, we analogize to it everything that involves deception.
And among that is what the jurists (may Allah have mercy on them) mentioned: collecting the water of the mill and releasing it when displaying it for sale. Collecting the water of the mill and releasing it when displaying it: the mill is known, that which is used to grind grain, and collecting its water: they used to place the mill on rivers and give it blades like a fan. When the water passed by, it moved this blade and it rotated. Here there is a belt connected to the mill; when this fan rotates, the mill rotates. If the current was strong, the rotation of the fan became strong and the grinding became strong, or the rotation of the mill became strong and the grinding increased. They used this deception by collecting the water of the mill and holding it back, and when they wanted to display it for sale, they released the water onto it. The water would come rushing in with force, so the buyer would think that this is the usual state of this mill, and he would increase its value.
Likewise, blackening the hair of a slave girl whose hair has turned white from old age, so they blacken it, so that the viewer thinks she is young, while she is among the old women who do not hope for marriage.
Likewise, if a car has been hit by several collisions, and they repair it and paint it with a color matching its original color, so that the viewer thinks it is new and increases its value, while it is old and has been hit.
Well, among that is also whitewashing the house when selling it, so that the one who sees it thinks it is new.
The important point, the criterion then: "Displaying the merchandise with a desirable attribute while it is devoid of it", this is the criterion, that the seller displays the merchandise with a desirable attribute while it is devoid of it. Among that is also if he wants to sell a slave, he sprinkles ink on his garment, ink, why? So that he is thought to be a scribe, yes, and he is stained with ink, so that the one who sees him thinks he is a scribe. Then, some deception is close and some is far, meaning for example: that this slave has ink on his garment does not necessarily mean he is a scribe, but the one who sees him may think he is a scribe.
Well, and likewise blackening the beard if he wants to sell a slave, so that he is thought to be young. He cut his beard from the right and the left and the bottom, yes, then he blackened it so that the viewer sees him as if he is a young man.
It must be forged, he is a slave. In any case, the criterion for us and the examples are many. The criterion with us is: that the merchandise is displayed with a desirable attribute while it is actually devoid of it. Well, we have not finished, my brother, ah, the questions have come, well!
The student: I say, for example, a man wants to propose marriage.
The Shaykh : Hm? This is, yes.
The student: I say: is this deception or not?
The Shaykh : What do you say about this?
The student: Deception.
The Shaykh : Yes, yes, correct.
The student: By explicit text.
The Shaykh : How? Where is the text?
The student: Because this is a form of concealment of defects.
The Shaykh : So, by analogy, we say: Since the Lawgiver prohibited restraining camels and sheep in order to deceive the buyer, we analogize to it everything that involves deception.
And among that is what the jurists (may Allah have mercy on them) mentioned: collecting the water of the mill and releasing it when displaying it for sale. Collecting the water of the mill and releasing it when displaying it: the mill is known, that which is used to grind grain, and collecting its water: they used to place the mill on rivers and give it blades like a fan. When the water passed by, it moved this blade and it rotated. Here there is a belt connected to the mill; when this fan rotates, the mill rotates. If the current was strong, the rotation of the fan became strong and the grinding became strong, or the rotation of the mill became strong and the grinding increased. They used this deception by collecting the water of the mill and holding it back, and when they wanted to display it for sale, they released the water onto it. The water would come rushing in with force, so the buyer would think that this is the usual state of this mill, and he would increase its value.
Likewise, blackening the hair of a slave girl whose hair has turned white from old age, so they blacken it, so that the viewer thinks she is young, while she is among the old women who do not hope for marriage.
Likewise, if a car has been hit by several collisions, and they repair it and paint it with a color matching its original color, so that the viewer thinks it is new and increases its value, while it is old and has been hit.
Well, among that is also whitewashing the house when selling it, so that the one who sees it thinks it is new.
The important point, the criterion then: "Displaying the merchandise with a desirable attribute while it is devoid of it", this is the criterion, that the seller displays the merchandise with a desirable attribute while it is devoid of it. Among that is also if he wants to sell a slave, he sprinkles ink on his garment, ink, why? So that he is thought to be a scribe, yes, and he is stained with ink, so that the one who sees him thinks he is a scribe. Then, some deception is close and some is far, meaning for example: that this slave has ink on his garment does not necessarily mean he is a scribe, but the one who sees him may think he is a scribe.
Well, and likewise blackening the beard if he wants to sell a slave, so that he is thought to be young. He cut his beard from the right and the left and the bottom, yes, then he blackened it so that the viewer sees him as if he is a young man.
It must be forged, he is a slave. In any case, the criterion for us and the examples are many. The criterion with us is: that the merchandise is displayed with a desirable attribute while it is actually devoid of it. Well, we have not finished, my brother, ah, the questions have come, well!
The student: I say, for example, a man wants to propose marriage.
The Shaykh : Hm? This is, yes.
The student: I say: is this deception or not?
The Shaykh : What do you say about this?
The student: Deception.
The Shaykh : Yes, yes, correct.