Explanation of the Book of Sales-13
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The Shaykh :"And from 'Aishah (may Allah be pleased with her), she said: The Messenger of Allah (peace and blessings be upon him) said: It was narrated by the five, and al-Bukhari and Abu Dawud weakened it, while al-Tirmidhi, Ibn Khuzaymah, Ibn al-Jarud, Ibn Hibban, al-Hakim, and Ibn al-Qattan authenticated it, and the hadith is authentic":
He (peace and blessings be upon him) said: So what is the yield? The yield is the profit, the earnings, the gain, and the like of that. Allah the Exalted said: [Al-Mu'minun 23:72], so the yield is the yield of the thing, meaning its profit, its earnings, its increase, and the like of that. So the yield of a beast, for example, is its milk, its wool, and its offspring, and the yield of a palm tree is its fruit, its fronds, and its offshoots, yes, and so on. The yield of a slave is his earnings and his benefit, and this chapter follows this pattern.
So the yield: the produce, the increase, the earnings, and the like of that.
The letter "ba" indicates substitution, or causality, and the meaning of is that it is a substitute for it and a cause for it, and the meaning is: that whoever has the yield of a thing, he is responsible for its guarantee, and not everyone who is responsible for the guarantee of a thing has its yield, because the usurper is responsible for the guarantee but does not have the yield, but whoever has the yield is responsible for the guarantee. And for this reason the Messenger said: , and if we said: the guarantee is with the yield, is that correct or not? It is not correct, but we say: the yield is with the guarantee, so whoever has the yield of a thing is responsible for its guarantee.
Now, if someone says: give us an example, we say: the buyer. The buyer is responsible for the guarantee of the sold item from the time of the contract, so he has its yield from the time of the contract. He has its yield from the time of the contract. Did you understand, Zayn?
The student: Yes.
The Shaykh : Now, this is a man who bought a slave for ten thousand riyals, and he kept him for a week, and every day he brought in one hundred riyals. How much did he bring in during the week? Seven hundred riyals. When the week ended, it became clear that there was a defect in the slave and that he steals, and stealing in a slave is a defect, so he wanted to return him, so he returned him to the seller. Does he return the seven hundred riyals with him?
The student: No, he does not return it.
The Shaykh : No, he does not return it. We call the seven hundred what? A yield. So he does not return it. Why? Because if the slave had perished during this period of seven days, the seller would not be responsible for it. The responsibility would be on the buyer. It would perish on the buyer's share, unless it is established that the seller deceived him and concealed the defect, in which case the responsibility is on the seller, because he is a transgressor and an oppressor.
The important thing is that this is an example. This example.
Now, the lessee. The lessee has the benefit and he owes the rent. All the benefits that are lost during the period of the lease, for whom are they?
The student: For the buyer.
The Shaykh : We do not have a buyer!!
The student: For the lessee.
The Shaykh : For the lessee, meaning if he rented the house for a year, but he did not live in it, he traveled and did not live in it, then the year ended and the owner of the house said: give me the rent. He said: No, I will not give you the rent, I did not live in it for even one day. What do we say? We say: the benefits were lost to the lessee.
The student: To the lessor, O Shaykh!
The Shaykh : They were lost to the lessee, yes. That is: the lessee pays the full rent, because the lessor says to him: did I prevent you? The key is with you, and you are the one who lost the benefit to yourself, so you are responsible because the yield is yours, the benefit is yours, it is not mine, and you are the one who lost it to yourself, so you are responsible for it.
Now, a man found a sheep and started searching for its owner for a full year. During this year, the sheep gave birth, meaning it carried a lamb and gave birth, and after the year, it carried another lamb and gave birth. So for whom is the first lamb, and for whom is the second lamb? The first is for its owner, and the second is for the searcher, meaning the finder of the lost property, because the first was found in a state where the finder was not responsible, he was not responsible, because it is lost to the ownership of its owner. After the year, he owns it, so its increase is for whom? Its increase is for him, the finder. Now, and the like of that is the vessel. Do you know the vessel? Is the vessel known? Yes, well done. This vessel, he found a vessel and started searching for its owner for a full year and did not find its owner. When the year ended, it became the property of whom?
The student: For the finder.
The Shaykh : For the finder, for the one who picked it up. Now, he rented it out after the year. For whom is the rent?
The student: For him.
The Shaykh : The rent is for him, because if it had perished, it would have perished on his ownership, so its yield is with its guarantee.
And the scholars built many branches upon this hadith and made it a jurisprudential rule, and they said: "Whoever has the profit, he is responsible for the loss", and sometimes they justify it with the same hadith, saying: "Because the yield is with the guarantee". Now.
The author cited this hadith in the chapter of sales to make it clear that ownership during the period of the two options, or rather the period of the option in general, is for whom?
The student: For the buyer.
The Shaykh : For the buyer, even if he returns it by his option, ownership during the period of the two options is for him. He has the increase and he has the earnings. Now, we passed through the right of pre-emption, and the connected increase, if the pre-emptor takes the pre-emption, is it for whom?
The student: For the buyer!
Another student: According to the school of thought?
The Shaykh : According to the school of thought.
The student: According to the school of thought, the buyer.
The Shaykh : Allah, Allah, we have nothing but Tuesday...
The student: The buyer if it is disconnected.
The Shaykh : Now, the disconnected is for the buyer, and the connected, I say, I said: the connected, according to the school of thought is for the pre-emptor, and we preferred that it is for the buyer. Which of the two does this hadith indicate? The preferred opinion or the weaker opinion?
The student: The preferred.
The Shaykh : The preferred, because the buyer has the yield, so he is responsible for the guarantee. If the buyer perishes in this state, who is responsible for it? It is on his ownership. And if it is lost to him, he has its profit. Allah is the Greatest!! We say: the loss is on you and the profit is not yours, so for this reason the preferred opinion, as mentioned before, is that the connected increase is for the buyer like the disconnected increase. Yes, the time is up. Yes.
The risk is with the guarantee
الخراج بالضمانHe (peace and blessings be upon him) said:
The risk is with the guarantee
الخراج بالضمانOr do you, [O Muhammad], ask them for payment? But the reward of your Lord is best, and He is the best of providers.
أم تسئلهم خَرْجًا فخراج ربك خير وهو خير الرزقينSo the yield: the produce, the increase, the earnings, and the like of that.
with the guarantee
بالضمانwith the guarantee
بالضمانThe risk is with the guarantee
الخراج بالضمانNow, if someone says: give us an example, we say: the buyer. The buyer is responsible for the guarantee of the sold item from the time of the contract, so he has its yield from the time of the contract. He has its yield from the time of the contract. Did you understand, Zayn?
The student: Yes.
The Shaykh : Now, this is a man who bought a slave for ten thousand riyals, and he kept him for a week, and every day he brought in one hundred riyals. How much did he bring in during the week? Seven hundred riyals. When the week ended, it became clear that there was a defect in the slave and that he steals, and stealing in a slave is a defect, so he wanted to return him, so he returned him to the seller. Does he return the seven hundred riyals with him?
The student: No, he does not return it.
The Shaykh : No, he does not return it. We call the seven hundred what? A yield. So he does not return it. Why? Because if the slave had perished during this period of seven days, the seller would not be responsible for it. The responsibility would be on the buyer. It would perish on the buyer's share, unless it is established that the seller deceived him and concealed the defect, in which case the responsibility is on the seller, because he is a transgressor and an oppressor.
The important thing is that this is an example. This example.
Now, the lessee. The lessee has the benefit and he owes the rent. All the benefits that are lost during the period of the lease, for whom are they?
The student: For the buyer.
The Shaykh : We do not have a buyer!!
The student: For the lessee.
The Shaykh : For the lessee, meaning if he rented the house for a year, but he did not live in it, he traveled and did not live in it, then the year ended and the owner of the house said: give me the rent. He said: No, I will not give you the rent, I did not live in it for even one day. What do we say? We say: the benefits were lost to the lessee.
The student: To the lessor, O Shaykh!
The Shaykh : They were lost to the lessee, yes. That is: the lessee pays the full rent, because the lessor says to him: did I prevent you? The key is with you, and you are the one who lost the benefit to yourself, so you are responsible because the yield is yours, the benefit is yours, it is not mine, and you are the one who lost it to yourself, so you are responsible for it.
Now, a man found a sheep and started searching for its owner for a full year. During this year, the sheep gave birth, meaning it carried a lamb and gave birth, and after the year, it carried another lamb and gave birth. So for whom is the first lamb, and for whom is the second lamb? The first is for its owner, and the second is for the searcher, meaning the finder of the lost property, because the first was found in a state where the finder was not responsible, he was not responsible, because it is lost to the ownership of its owner. After the year, he owns it, so its increase is for whom? Its increase is for him, the finder. Now, and the like of that is the vessel. Do you know the vessel? Is the vessel known? Yes, well done. This vessel, he found a vessel and started searching for its owner for a full year and did not find its owner. When the year ended, it became the property of whom?
The student: For the finder.
The Shaykh : For the finder, for the one who picked it up. Now, he rented it out after the year. For whom is the rent?
The student: For him.
The Shaykh : The rent is for him, because if it had perished, it would have perished on his ownership, so its yield is with its guarantee.
And the scholars built many branches upon this hadith and made it a jurisprudential rule, and they said: "Whoever has the profit, he is responsible for the loss", and sometimes they justify it with the same hadith, saying: "Because the yield is with the guarantee". Now.
The author cited this hadith in the chapter of sales to make it clear that ownership during the period of the two options, or rather the period of the option in general, is for whom?
The student: For the buyer.
The Shaykh : For the buyer, even if he returns it by his option, ownership during the period of the two options is for him. He has the increase and he has the earnings. Now, we passed through the right of pre-emption, and the connected increase, if the pre-emptor takes the pre-emption, is it for whom?
The student: For the buyer!
Another student: According to the school of thought?
The Shaykh : According to the school of thought.
The student: According to the school of thought, the buyer.
The Shaykh : Allah, Allah, we have nothing but Tuesday...
The student: The buyer if it is disconnected.
The Shaykh : Now, the disconnected is for the buyer, and the connected, I say, I said: the connected, according to the school of thought is for the pre-emptor, and we preferred that it is for the buyer. Which of the two does this hadith indicate? The preferred opinion or the weaker opinion?
The student: The preferred.
The Shaykh : The preferred, because the buyer has the yield, so he is responsible for the guarantee. If the buyer perishes in this state, who is responsible for it? It is on his ownership. And if it is lost to him, he has its profit. Allah is the Greatest!! We say: the loss is on you and the profit is not yours, so for this reason the preferred opinion, as mentioned before, is that the connected increase is for the buyer like the disconnected increase. Yes, the time is up. Yes.