Explanation of the Book of Sales-16
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The Shaykh : He said: "And from Jabir ibn 'Abdullah (may Allah be pleased with them both), he said: Mishkat al-Masabih 2816 Muslim narrated it":
Good, he said:Mishkat al-Masabih 2816:
Prohibition: It is "the demand for abstention in a manner of superiority, using a specific form, which is the present tense verb accompanied by the prohibitive particle 'la'". So when we say "the demand for abstention," this excludes the command and what is not a prohibition from what is permitted.
And when we say "in a manner of superiority," this excludes supplication, entreaty, and the like.
And when we say "using a specific form, which is the present tense verb accompanied by the prohibitive particle 'la'," this excludes the command that implies abstention, or the command that implies the demand for abstention, such as: "leave," "abandon," and "avoid," because this conveys the meaning of prohibition, but it is in the form of a command, so it is not called a prohibition technically.
Sahih Muslim 1530a: A heap of dates is a pile of dates, and it is called a "sabra" because it is contained, with some of it gathered together with the rest, such as: if a person has a pile of dates, he says: : meaning, its measure is not known.
That is: the known amount of dates. The reason for the prohibition is that it is required in the sale of dates for dates that there be equality in measure. Here, the equality is not known, because this is a heap of unknown measure, and the compensation is dates of known measure. However, the known does not make the unknown known. Therefore, the Prophet (peace and blessings be upon him) forbade selling the heap of dates for dates of known measure, because the equality in it is not known.
Good, if someone were to say: What do you say if he estimated it and said: it equals one hundred sa' (a dry measure of about 3 kg), and then he sold it for one hundred sa'?
The answer is: That does not benefit anything, and it does not render it lawful, because estimation is conjecture and guesswork, and equality is not known by it.
Good, if someone were to say: Has not the Sunnah come with the permissibility of selling 'araya, which is selling fresh dates on the trees for known dates by estimating the fresh dates?
The answer is: Yes, but there is a difference between 'araya and this heap of dates, because 'araya involves fresh dates, and eating fresh dates is considered a refreshment in its season, and a person is in need of refreshment with fresh dates during the season of fresh dates. So for the sake of this need, the Lawgiver permitted 'araya.
As for dates for dates, a heap of dates for dates, there is no need in it. Therefore, the difference between it and 'araya is apparent.
He said that God’s Messenger forbade selling a quantity of dates whose measure was unknown for a specific quantity of dates
نهى رسول الله صلى الله عليه وسلم عن بيع الصُبرة من التمر التي لا يعلم مكيلها بالكيل المسمى من التمرGood, he said:
He said that God’s Messenger forbade selling a quantity of dates
نهى رسول الله صلى الله عليه وسلم عن بيع الصبرةProhibition: It is "the demand for abstention in a manner of superiority, using a specific form, which is the present tense verb accompanied by the prohibitive particle 'la'". So when we say "the demand for abstention," this excludes the command and what is not a prohibition from what is permitted.
And when we say "in a manner of superiority," this excludes supplication, entreaty, and the like.
And when we say "using a specific form, which is the present tense verb accompanied by the prohibitive particle 'la'," this excludes the command that implies abstention, or the command that implies the demand for abstention, such as: "leave," "abandon," and "avoid," because this conveys the meaning of prohibition, but it is in the form of a command, so it is not called a prohibition technically.
forbade the sale of a heap of dates
نهى عن بيع الصُبرة من التمرwhose measure is unknown
التي لا يعلم مكيلهاfor a specified measure
بالكيل المسمىGood, if someone were to say: What do you say if he estimated it and said: it equals one hundred sa' (a dry measure of about 3 kg), and then he sold it for one hundred sa'?
The answer is: That does not benefit anything, and it does not render it lawful, because estimation is conjecture and guesswork, and equality is not known by it.
Good, if someone were to say: Has not the Sunnah come with the permissibility of selling 'araya, which is selling fresh dates on the trees for known dates by estimating the fresh dates?
The answer is: Yes, but there is a difference between 'araya and this heap of dates, because 'araya involves fresh dates, and eating fresh dates is considered a refreshment in its season, and a person is in need of refreshment with fresh dates during the season of fresh dates. So for the sake of this need, the Lawgiver permitted 'araya.
As for dates for dates, a heap of dates for dates, there is no need in it. Therefore, the difference between it and 'araya is apparent.