Explanation of the Book of Sales-14
Machine translationRead the Arabic original
The Shaykh : Then he said: "And from 'Amr ibn Shu'ayb, from his father, from his grandfather (may Allah be pleased with them both), that the Prophet (peace and blessings be upon him) said: Bulugh al-Maram 7:59 The five [collections] narrated it except Ibn Majah, and al-Daraqutni, Ibn Khuzaymah, and Ibn al-Jarud narrated it.
In a narration: " :
This is like the first hadith, or it is like the first hadith in that: the seller and the buyer have the option until they separate, and it is like his saying:, except that this one said: the seller and the buyer, so it distinguished one from the other; the seller is the one who brings the goods, and the buyer is the one who purchases them.
He says:: meaning each of them has the option to choose what he sees as more beneficial and better for himself until they separate. From what? In the narration the author mentioned last: , and this is explicit text that what is intended by that is the separation of the bodies.
He said:Jami` at-Tirmidhi 1247Hasan (Darussalam) His saying: Jami` at-Tirmidhi 1247Hasan (Darussalam) The transaction (safaqah) is the contract of sale, and it is called a transaction because each of them claps his hand on the other at the time of the contract, and this was in a past time, but now the transaction does not occur, but in any case the meaning is: unless it is a sale of option, and regarding a sale of option we say what we said regarding his saying in the previous hadith: Sahih al-Bukhari 2112, so it includes when it is a transaction of option, meaning: a transaction of dropping the option, so if it is a transaction of dropping the option, the option of the sitting drops immediately upon the contract, and it is possible that what is intended is: a transaction of option, meaning: a transaction in which the option is stipulated for a specific period after separation, and on this basis, that would be establishing the option of stipulation.
Yes, he said:Bulugh al-Maram 7:59, Bulugh al-Maram 7:59: includes the seller and the buyer, and his saying: meaning: that he rescinds the contract, so the rescission (istiqalah) here means rescinding the contract, and that is because if what was intended by it was the rescission that is the cancellation of the contract by the consent of both parties, it would not be restricted by separation, because the mutual rescission (iqalah) is permissible after separating from the sitting and before separating from it, but what is intended by the rescission here is: rescinding the contract. Now he said: For whom? For the seller and the buyer, that he separate from him, meaning: that he separate from his partner out of fear that he will rescind it, and it is explicit that what is intended is the separation of the body.
The two parties (seller and buyer) in a business transaction have a choice (to annul it) until they separated (from one another), unless it is a transaction with the right to annul it attached to it; and it is not allowed for one to separated from the other for fear that he may cancel the deal.
البائع والمبتاع بالخيار حتى يتفرقا ، إلا أن تكون صفقة خيار ، ولا يحل له أن يفارقه خشية أن يستقيلهIn a narration:
until they separate from their place
حتى يتفرقا عن مكانهماThis is like the first hadith, or it is like the first hadith in that: the seller and the buyer have the option until they separate, and it is like his saying:
If two men buy from each other
إذا تبايع الرجلانHe says:
have the option
بالخيارthey separate from their place
يتفرقا من مكانهماHe said:
unless they agreed to making it optional
إلا أن تكون صفقة خيارunless they agreed to making it optional
إلا أن تكون صفقةor one of them gives the other the option
أو يخير أحدهما الآخرYes, he said:
