Benefits of the Hadith: (If you buy, say: No deception)
Machine translationRead the Arabic original
The Shaykh : Among the benefits of this hadith are:
It is permissible for a person who deceives in sales to transact, provided he stipulates for himself that there is no deception. If someone were to say: If he deceives in sales, he is a spendthrift, and it is known that a spendthrift is placed under guardianship, it would be said: Yes, placing him under guardianship is the original ruling, but sometimes he cannot refrain from buying and selling; if we placed him under guardianship, he would not be able to refrain. So, when he transacts, he stipulates for himself and says:. If he says: No deception, and it turns out he was deceived, he has the right to annul the contract.
Among the benefits of this hadith is that the option of rescission due to overcharging is not established except by stipulation. Because if it were established without stipulation, there would be no need to say: No deception. Since if one is overcharged, the contract is annulled whether he said no deception or not. This is the view of many scholars: that there is no option in overcharging. However, there is a point of consideration in this view, because there are cases indicating the option of overcharging, including what was mentioned previously regarding intercepting goods. The Prophet (peace and blessings be upon him) granted the option to the one who brings goods to the market, because he might be overcharged.
And among them is what was mentioned previously regarding the pregnant camel. The Prophet (peace and blessings be upon him) granted the option to the buyer after he milks it for three days. This indicates the establishment of overcharging. It is possible to reconcile this hadith with the two previous hadiths that indicate the establishment of the option in overcharging. It can be said: Overcharging is of two types:
General overcharging that is hidden from everyone. In this case, there is an option whether the buyer or seller stipulated it or not. For example, deception, because no one knows about deception. Likewise, intercepting goods, because it is hidden from all travelers.
And another type of overcharging that affects the naive person who does not know. This is the one that requires saying:.
Or it can be answered in another way, and it can be said: The option of overcharging is established absolutely, whether the overcharging is general or specific. But saying: is a matter of emphasis and cutting off dispute. Because deception is negated by the Shari'ah, because it is contrary to the advice to Allah, His Book, His Messenger, the leaders of the Muslims, and their common people. But if it is negated at the time of the contract, that becomes a matter of emphasis and cutting off dispute.
As for it being a matter of emphasis, that is clear, because the negation of deception is established whether stipulated or not. It is not permissible for anyone to overcharge someone because he is naive, or does not know prices, or the like.
Cutting off dispute, because if deception is established, the option is established without dispute. So, for example, the seller does not say if he deceived the buyer: You made a mistake regarding yourself, you did not take care of yourself, or the like. Because he says: I took care of myself by saying: No deception. And this view is better than the previous view, meaning better than dividing overcharging into two parts. So we say: This hadith indicates that stipulating overcharging is for the two benefits mentioned, which we mentioned: emphasis and cutting off dispute.
Now, among the benefits of this hadith, based on this explanation we have established: The establishment of the option of overcharging for every one who is overcharged. So, everyone who is overcharged by deception in the price or the item has the option.
Among the benefits of this hadith is that it is obligatory that dealings between Muslims be based on advice, clarity, truthfulness, and not deceiving. And this is the obligation, due to the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 13. And it is known that whoever deceives his brother and tricks him in buying or selling, he has not loved for his brother what he loves for himself. Because the one who truly loves for his brother what he loves for himself is the one who deals with his brother in the way he loves to be dealt with.
Now, can it be said: That other contracts besides sales are analogized to sales, such that deception is not permissible in them?
The answer: Yes, deception is not permissible in all contracts. Either we take them by analogy to this hadith, meaning: we take their ruling by analogy to this hadith. Or we say: They are included in the generality of the saying of Allah the Exalted:[Al-Ma'idah 5:1]. Because fulfilling contracts includes dealing with your brothers with advice. And in His saying: [Al-Isra 17:34]. And in His saying: [Al-A'raf 7:85]. And other texts indicating that it is obligatory that a person's dealings with others be based on advice, clarity, and truthfulness.
And in the hadith is also evidence that the Islamic Shari'ah, just as it came to reform people's affairs in matters of religion, came to reform their affairs in matters of the world. Because the Prophet (peace and blessings be upon him) guided this man to say: No deception.
And in it is also evidence that it is recommended for a person to guide the naive, ignorant person to what saves him from the harm of this ignorance and deception. Because this is part of advice. So it is not permissible for a person, if he sees a naive person standing at a shop asking about a commodity, and the shop owner says: Its value is one hundred, while he knows its value is fifty and remains silent. Rather, it is obligatory for him to say to this buyer: Its value in the market is fifty. And this is not considered cutting off livelihood, as some common people think.
Now, among the benefits of this hadith: There is no option in overcharging except if it is stipulated. Meaning, if the one who is overcharged stipulates that he has the option. The reason for this is: If overcharging were established, or if the option were established by overcharging, there would be no need to stipulate it. We have previously given the answer to this, and we said: This was only mentioned for the sake of emphasis and cutting off dispute. Because there are hadiths indicating the establishment of overcharging, such as the prohibition of intercepting goods and the pregnant camel. This indicates the option of overcharging. And this is the correct view.
It is permissible for a person who deceives in sales to transact, provided he stipulates for himself that there is no deception. If someone were to say: If he deceives in sales, he is a spendthrift, and it is known that a spendthrift is placed under guardianship, it would be said: Yes, placing him under guardianship is the original ruling, but sometimes he cannot refrain from buying and selling; if we placed him under guardianship, he would not be able to refrain. So, when he transacts, he stipulates for himself and says:
No deception
لا خلابةAmong the benefits of this hadith is that the option of rescission due to overcharging is not established except by stipulation. Because if it were established without stipulation, there would be no need to say: No deception. Since if one is overcharged, the contract is annulled whether he said no deception or not. This is the view of many scholars: that there is no option in overcharging. However, there is a point of consideration in this view, because there are cases indicating the option of overcharging, including what was mentioned previously regarding intercepting goods. The Prophet (peace and blessings be upon him) granted the option to the one who brings goods to the market, because he might be overcharged.
And among them is what was mentioned previously regarding the pregnant camel. The Prophet (peace and blessings be upon him) granted the option to the buyer after he milks it for three days. This indicates the establishment of overcharging. It is possible to reconcile this hadith with the two previous hadiths that indicate the establishment of the option in overcharging. It can be said: Overcharging is of two types:
General overcharging that is hidden from everyone. In this case, there is an option whether the buyer or seller stipulated it or not. For example, deception, because no one knows about deception. Likewise, intercepting goods, because it is hidden from all travelers.
And another type of overcharging that affects the naive person who does not know. This is the one that requires saying:
No deception
لا خلابةOr it can be answered in another way, and it can be said: The option of overcharging is established absolutely, whether the overcharging is general or specific. But saying:
No deception
لا خلابةAs for it being a matter of emphasis, that is clear, because the negation of deception is established whether stipulated or not. It is not permissible for anyone to overcharge someone because he is naive, or does not know prices, or the like.
Cutting off dispute, because if deception is established, the option is established without dispute. So, for example, the seller does not say if he deceived the buyer: You made a mistake regarding yourself, you did not take care of yourself, or the like. Because he says: I took care of myself by saying: No deception. And this view is better than the previous view, meaning better than dividing overcharging into two parts. So we say: This hadith indicates that stipulating overcharging is for the two benefits mentioned, which we mentioned: emphasis and cutting off dispute.
Now, among the benefits of this hadith, based on this explanation we have established: The establishment of the option of overcharging for every one who is overcharged. So, everyone who is overcharged by deception in the price or the item has the option.
Among the benefits of this hadith is that it is obligatory that dealings between Muslims be based on advice, clarity, truthfulness, and not deceiving. And this is the obligation, due to the saying of the Prophet (peace and blessings be upon him):
None of you will have faith till he wishes for his (Muslim) brother what he likes for himself.
لا يؤمن أحدكم حتى يحب لأخيه ما يحب لنفسهNow, can it be said: That other contracts besides sales are analogized to sales, such that deception is not permissible in them?
The answer: Yes, deception is not permissible in all contracts. Either we take them by analogy to this hadith, meaning: we take their ruling by analogy to this hadith. Or we say: They are included in the generality of the saying of Allah the Exalted:
O you who have believed, fulfill [all] contracts.
يا أيها الذين أمنوا أوفوا بالعقودAnd fulfill [every] commitment. Indeed, the commitment is ever [that about which one will be] questioned.
وأوفوا بالعهد إن العهد كان مسئولاdo not deprive people of their due
ولا تبخسوا الناس أشياءهمAnd in the hadith is also evidence that the Islamic Shari'ah, just as it came to reform people's affairs in matters of religion, came to reform their affairs in matters of the world. Because the Prophet (peace and blessings be upon him) guided this man to say: No deception.
And in it is also evidence that it is recommended for a person to guide the naive, ignorant person to what saves him from the harm of this ignorance and deception. Because this is part of advice. So it is not permissible for a person, if he sees a naive person standing at a shop asking about a commodity, and the shop owner says: Its value is one hundred, while he knows its value is fifty and remains silent. Rather, it is obligatory for him to say to this buyer: Its value in the market is fifty. And this is not considered cutting off livelihood, as some common people think.
Now, among the benefits of this hadith: There is no option in overcharging except if it is stipulated. Meaning, if the one who is overcharged stipulates that he has the option. The reason for this is: If overcharging were established, or if the option were established by overcharging, there would be no need to stipulate it. We have previously given the answer to this, and we said: This was only mentioned for the sake of emphasis and cutting off dispute. Because there are hadiths indicating the establishment of overcharging, such as the prohibition of intercepting goods and the pregnant camel. This indicates the option of overcharging. And this is the correct view.