Explanation of the Book of Sales-13
Machine translationRead the Arabic original
The Shaykh : The author says: "And from Abu Sa'id al-Khudri (may Allah be pleased with him): Bulugh al-Maram 7:51":
This is one, "Bulugh al-Maram 7:51": meaning the milk, this is two, "Sunan Ibn Majah 2196Hasan (Darussalam)": the enslaved slave, and al-aa'iq: the one who strays from his master and flees from him, this is three, "": al-maghanim is the plural of maghnam, which is what the Muslims gain from the disbelievers in terms of wealth during battle, and what is attached to it.
Sunan Ibn Majah 2196Hasan (Darussalam): This is five, and the sixth is: alms, meaning: zakah, meaning it is said to a person, "You have a zakah alms with us," so he does not sell it until he receives it, : the diver in the sea who dives in the sea to extract pearls from it, so he says, "I will dive now, meaning I will dive, and whatever I bring out is yours for so much." How many types is this?
The student: Six.
The Shaykh : Six types are gathered by one meaning, which is gharar (excessive uncertainty in a contract). And it is authentic from the hadith of Abu Hurayrah (may Allah be pleased with him):Mishkat al-Masabih 2863: the sale of the pebble and the sale of gharar (excessive uncertainty in a contract). As for the pebble, someone told me about it in the city these days, saying: I heard a shaykh from the imams of the mosques say: that the Prophet (peace and blessings be upon him) forbade the sale of the pebble. May Allah guide them, they sell the millstone, likening the pebble to the millstone, and the millstone is not forbidden to sell, but he took the apparent wording and thought the pebble was the millstone, so he said: May Allah guide us and them, they sell the millstone and the Prophet (peace and blessings be upon him) forbade the sale of the pebble. Yes, so this ignorance is called compounded ignorance.
Well, the important thing is that these six types are gathered by gharar (excessive uncertainty in a contract) in each of them, and it is established, as I pointed out, from the hadith of Abu Hurayrah that the Prophet (peace and blessings be upon him) forbade the sale of the pebble and the sale of gharar (excessive uncertainty in a contract), and this is considered a rule among the rules of the Shari'ah in sales.
So let us start first:Sunan Ibn Majah 2196Hasan (Darussalam): al-an'am is the plural of na'am, and they are: camels, cows, and sheep, but other things are analogized to them. And he forbade their sale because it is a great gharar (excessive uncertainty in a contract), for what is in the wombs of livestock may be multiple and may be one, may be male and may be female, may remain until it comes out alive and may die, may be deformed and may be sound. The important thing is that many possibilities of gharar (excessive uncertainty in a contract) occur regarding what is in the wombs of livestock. Well, so when is its sale valid? He said: , and the Prophet (peace and blessings be upon him) does not close all the doors from every angle, wait, instead of selling it today, sell it tomorrow when it gives birth.
The Prophet (ﷺ) forbade buying what is in the wombs of domestic animals till they give birth
أن النبي صلى الله عليه وسلم نهى عن شراء ما في بطون الأنعام حتى تضعThis is one, "
selling what is in their udders
وعن بيع ما في ضروعهاand selling a slave who has fled
وعن شراء العبد وهو آبقAnd buying war spoils
وعن شراء المغانمuntil it has been distributed, and selling Sadaqah until it has been received
حتى تقسم ، وعن شراء الصدقات حتى تقبضThe dive of the diver
عن ضربة الغائصAnd the dive of the diver
وعن ضربة الغائصThe student: Six.
The Shaykh : Six types are gathered by one meaning, which is gharar (excessive uncertainty in a contract). And it is authentic from the hadith of Abu Hurayrah (may Allah be pleased with him):
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 الحصاة وعن بيع الغررWell, the important thing is that these six types are gathered by gharar (excessive uncertainty in a contract) in each of them, and it is established, as I pointed out, from the hadith of Abu Hurayrah that the Prophet (peace and blessings be upon him) forbade the sale of the pebble and the sale of gharar (excessive uncertainty in a contract), and this is considered a rule among the rules of the Shari'ah in sales.
So let us start first:
