Continuation of the explanation of the hadith: “Do not restrain camels or sheep, and whoever buys them after that has the choice of two options after he milks them, if he wishes he may keep them
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The Shaykh : And we now begin the lesson:
The Prophet (peace and blessings be upon him) said: meaning: whatever he sees is better for him, either keeping it or returning it. And his saying: : the duration that is granted to him is not mentioned in this narration, but in the other narration, the narration of Muslim, he said: Sunan Ibn Majah 2239Sahih (Darussalam) , from where? From the contract or from the milking?
He says: , so he has the choice for three days from when he milks her. We look to see if this milk that is in her udder at the time of purchase is the genuine milk or not? And in three days the nature of this animal becomes clear, whether its milk is natural or its milk is mixed, meaning aggregated, and for this reason he granted him three days.
He said: and its apparent meaning is that he keeps it without compensation, because this is not a defect but rather the loss of a quality, and there is a difference between the loss of a quality and a defect, because a defect is a deficiency and the loss of a quality is the loss of perfection, and we know that the buyer is given the choice between returning the goods and having the defect assessed for him, which is called compensation (arsh), because it is a defect and a deficiency, whereas if a condition is lost or the perfecting qualities are lost, the buyer is given the choice between canceling the contract or keeping it for free, and for this reason he said: , meaning without being given compensation, Sahih Muslim 1524d : if he wishes he returns it to whom? To the seller, : a sa' of dates, and in the narration of al-Bukhari which he suspended and Muslim connected: Sunan Abi Dawud 3444Sahih (Al-Albani) , al-Bukhari said: “And dates are more [common]” : meaning the majority of narrations: .
And the sa' is a known measure, and it holds of fine wheat what weighs two kilograms and forty grams, this is the sa'.
And his saying: also dates are known, and this sa' is compensation for the milk that was in her udder at the time of the contract, and it is not compensation for the milk that is produced after the purchase, because the milk that is produced after the purchase belongs to the buyer so he is not liable for it, whereas the milk that was present in her udder at the time of sale belongs to the seller and the buyer has consumed it and milked it, so the Prophet (peace and blessings be upon him) estimated for him , and here are questions:
First: Why did the Prophet (peace and blessings be upon him) estimate a sa' of dates and not something else?
They said: Because dates are most similar to milk, because it is food that does not require cooking, and because it is sweet like milk also, so dates are the most similar to milk.
And the second question: Why did he estimate it as a sa' when the milk may be a lot equal to more than a sa' and may be little not equal to a sa', and the value of the milk may be higher than the value of a sa', and may be lower than the value of a sa'?
So we say: The Prophet (peace and blessings be upon him) only estimated it as a sa' to cut off dispute, because if he had said: a sa' of dates in exchange for the milk, if he had said that there would have been a dispute between the seller and the buyer, the seller would say: the milk is more than that, and the buyer would say: the milk is less, so if it is estimated by the Shari'ah everyone is satisfied with it, and no dispute occurs.
The third question: Why did the Prophet (peace and blessings be upon him) not make it obligatory to return the milk that was milked for the first time?
And the answer to that is that we say:
First: The milk may not remain until after three days, is that so?
The student: Yes.
The Shaykh : It may not remain.
The second thing: That the milk, from the time of the sales contract, will increase, it will increase, because the buyer is not required to milk her from the moment he buys her, he said: perhaps she remains for an hour or two, and in this duration the animal produces milk so the buyer's milk mixes with the seller's milk, and if we said: it is obligatory for you to return the milk, there would be a dispute in this also, because returning it is difficult or hard, so for this reason the Prophet (peace and blessings be upon him) made it obligatory [to give] a sa' of dates.
The Prophet (peace and blessings be upon him) said:
And whoever buys them after that has the choice of two options
فمن ابتاعها بعد فهو بخير النظرينafter he milks her
بعد أن يحلبهاhe has the choice (of annulling the deal) for three days
فهو بالخيار ثلاثة أيامHe says:
after he milks her
بعد أن يحلبهاHe said:
if he wishes he may keep them
إن شاء أمسكهاif he wishes he may keep them
إن شاء أمسكهاand if he desires may return it along with a sa' of dates
وإن شاء ردها وصاعا من تمرand a sa' of dates
وصاعا من تمرa sa' of any grain, not (necessarily) wheat.
صاعا من طعام لا سمراءTwo sa' of dates
صاعا من تمرAnd the sa' is a known measure, and it holds of fine wheat what weighs two kilograms and forty grams, this is the sa'.
And his saying:
of dates
من تمرTwo sa' of dates
صاعا من تمرFirst: Why did the Prophet (peace and blessings be upon him) estimate a sa' of dates and not something else?
They said: Because dates are most similar to milk, because it is food that does not require cooking, and because it is sweet like milk also, so dates are the most similar to milk.
And the second question: Why did he estimate it as a sa' when the milk may be a lot equal to more than a sa' and may be little not equal to a sa', and the value of the milk may be higher than the value of a sa', and may be lower than the value of a sa'?
So we say: The Prophet (peace and blessings be upon him) only estimated it as a sa' to cut off dispute, because if he had said: a sa' of dates in exchange for the milk, if he had said that there would have been a dispute between the seller and the buyer, the seller would say: the milk is more than that, and the buyer would say: the milk is less, so if it is estimated by the Shari'ah everyone is satisfied with it, and no dispute occurs.
The third question: Why did the Prophet (peace and blessings be upon him) not make it obligatory to return the milk that was milked for the first time?
And the answer to that is that we say:
First: The milk may not remain until after three days, is that so?
The student: Yes.
The Shaykh : It may not remain.
The second thing: That the milk, from the time of the sales contract, will increase, it will increase, because the buyer is not required to milk her from the moment he buys her, he said: perhaps she remains for an hour or two, and in this duration the animal produces milk so the buyer's milk mixes with the seller's milk, and if we said: it is obligatory for you to return the milk, there would be a dispute in this also, because returning it is difficult or hard, so for this reason the Prophet (peace and blessings be upon him) made it obligatory [to give] a sa' of dates.