Explanation of the Book of Sales-14
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The Shaykh : He said: "And from Abu Hurayrah (may Allah be pleased with him): Mishkat al-Masabih 2863 Al-Bazzar narrated it, and there is weakness in its chain of narration": Good, but its meaning is correct. Al-mulaqiha: these are the pregnant animals, and what is meant is what is in their wombs. This is as previously mentioned regarding the prohibition of selling the fetus until it is born. Likewise, al-mulaqiha is what is on the backs of the males. Yes, how?
The student: Al-mudammin.
The Shaykh : Yes, we have al-mudammin and al-mulaqiha. Yes?
The student: Here, al-mulaqiha is defined as the pregnant animals.
The Shaykh : Good, what is al-mulaqiha in your explanation? He defined it this way.
The student: Al-mudammin is what is in the belly of the female, and al-mulaqiha is what is on the back of the male.
The Shaykh : Yes, al-mulaqiha is what the male fertilizes in the belly of the female, by saying the owner of the male: I will sell you the offspring of my male from your she-camel, meaning he will mate with her this time and I will sell you this offspring. This is not permissible because it is more obscure than selling the fetus. This fertilization may occur, it may be valid or it may be invalid. If the pregnancy is prevented, then this is even more so.
The conclusion is: this hadith, although its chain is weak, its meaning is correct. The operative cause of the prohibition of selling these two types of sales is obscurity and excessive uncertainty in a contract.
Good, so we say in this and what preceded: The rule is that every sale that includes obscurity and excessive uncertainty in a contract such that the contracting party is in a state of fluctuation between profit and loss is a forbidden, defective sale. The operative cause is that it leads to enmity and hatred, so it is of the gambling about which Allah said:[Al-Ma'idah 5:90-91].
Ibn ‘Umar said the Prophet forbade selling a debt to be paid at a future date for another
أن النبي صلى الله عليه وسلم نهى عن بيع المضامين والملاقيحHe forbade the sale of al-mulaqiha
نهى عن بيع الملاقيحThe student: Al-mudammin.
The Shaykh : Yes, we have al-mudammin and al-mulaqiha. Yes?
The student: Here, al-mulaqiha is defined as the pregnant animals.
The Shaykh : Good, what is al-mulaqiha in your explanation? He defined it this way.
The student: Al-mudammin is what is in the belly of the female, and al-mulaqiha is what is on the back of the male.
The Shaykh : Yes, al-mulaqiha is what the male fertilizes in the belly of the female, by saying the owner of the male: I will sell you the offspring of my male from your she-camel, meaning he will mate with her this time and I will sell you this offspring. This is not permissible because it is more obscure than selling the fetus. This fertilization may occur, it may be valid or it may be invalid. If the pregnancy is prevented, then this is even more so.
The conclusion is: this hadith, although its chain is weak, its meaning is correct. The operative cause of the prohibition of selling these two types of sales is obscurity and excessive uncertainty in a contract.
Good, so we say in this and what preceded: The rule is that every sale that includes obscurity and excessive uncertainty in a contract such that the contracting party is in a state of fluctuation between profit and loss is a forbidden, defective sale. The operative cause is that it leads to enmity and hatred, so it is of the gambling about which Allah said: