Benefits of the Hadith: (The Messenger of Allah (peace and blessings be upon him) forbade selling the *subrah* of dates . . . ).
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The Shaykh : In this hadith, there are the following benefits:
First: The prohibition of selling the *subrah* of dates for a known measure of it, because the default ruling of prohibition is that it is forbidden.
Among its benefits: If the contract is concluded on that basis, the contract is defective, because it is prohibited in itself. When something is prohibited in itself, it is not valid, because validating it while the Lawgiver has prohibited it is contrary to the ruling of Allah (Mighty and Majestic). The prohibition of the Lawgiver implies distancing oneself from it and nullifying it. If we validate it, the implication is permission to practice it and act upon it.
Among the benefits of this hadith: The strictness regarding the issue of riba, in that what requires similarity in exchange must have its similarity known.
Among its benefits: If the *subrah* is known by measure and one sells it for dates known by measure, then there is no harm in that.
The apparent meaning of the hadith, that is, the apparent meaning of this concept, is that it is not required to re-measure the *subrah* after the contract, because the default is that it remains as it is. Although the possibility of decrease or increase is present, the default is that it remains as it was. Yes, if it is assumed that its measurement was done previously at a time when it could change, then it must be re-measured. Where do we take the permissibility of selling the *subrah* for dates of known measure if it is known by measure? From his saying:, from which it is taken that if its measure is known, there is no harm, and there is no need to re-measure it. This is contrary to some scholars who said: It is necessary to measure after the contract, because it is possible that it has changed. So, if the dates, for example, shrink, do they fall short of the first measure or not?
The student: They fall short.
The Shaykh : They fall short of the first measure. So we say: Yes, if the measurement was done previously at a time when change is possible, it is obligatory to re-measure it; otherwise, it is not.
Among the benefits of the hadith: The permissibility of taking possession of the measured item based on the measurement that occurred before the contract, provided that a time in which it could change has not passed. For example, if I bought food from you by measure for dirhams, it is not permissible for me to sell it until I measure it. This is how the Sunnah came. But if the seller measured it in front of you before the contract and you know that it has not changed, then it is permissible to rely on the first measurement. The evidence for this is this hadith, for its apparent meaning is that if the *subrah* is known by measure, there is no need to re-measure it.
Likewise, food that you bought by measure, and the seller measured it at a time when it did not change, there is no harm in taking possession of it based on the first measurement.
Now, among the benefits of the hadith: It is not permissible to sell two *subrahs* of dates, one for the other. Why?
The student: It is more obscure.
The Shaykh : Because this is more obscure than if one of them were known. Yes, unless we know the measure of both at a time when the dates do not change, then there is no harm.
"And from Ma'mar ibn 'Abd Allah (may Allah be pleased with him)".
The student: ... .
The Shaykh : Yes?
The student: It refers to the rule we mentioned previously, which is: "That ignorance of equality is like knowledge of difference".
The Shaykh : Like knowledge of difference. Yes, this refers to the rule we mentioned previously: that ignorance of equality is like knowledge of difference. Yes.
First: The prohibition of selling the *subrah* of dates for a known measure of it, because the default ruling of prohibition is that it is forbidden.
Among its benefits: If the contract is concluded on that basis, the contract is defective, because it is prohibited in itself. When something is prohibited in itself, it is not valid, because validating it while the Lawgiver has prohibited it is contrary to the ruling of Allah (Mighty and Majestic). The prohibition of the Lawgiver implies distancing oneself from it and nullifying it. If we validate it, the implication is permission to practice it and act upon it.
Among the benefits of this hadith: The strictness regarding the issue of riba, in that what requires similarity in exchange must have its similarity known.
Among its benefits: If the *subrah* is known by measure and one sells it for dates known by measure, then there is no harm in that.
The apparent meaning of the hadith, that is, the apparent meaning of this concept, is that it is not required to re-measure the *subrah* after the contract, because the default is that it remains as it is. Although the possibility of decrease or increase is present, the default is that it remains as it was. Yes, if it is assumed that its measurement was done previously at a time when it could change, then it must be re-measured. Where do we take the permissibility of selling the *subrah* for dates of known measure if it is known by measure? From his saying:
whose measure is not known
التي لا يعلم مكيلهاThe student: They fall short.
The Shaykh : They fall short of the first measure. So we say: Yes, if the measurement was done previously at a time when change is possible, it is obligatory to re-measure it; otherwise, it is not.
Among the benefits of the hadith: The permissibility of taking possession of the measured item based on the measurement that occurred before the contract, provided that a time in which it could change has not passed. For example, if I bought food from you by measure for dirhams, it is not permissible for me to sell it until I measure it. This is how the Sunnah came. But if the seller measured it in front of you before the contract and you know that it has not changed, then it is permissible to rely on the first measurement. The evidence for this is this hadith, for its apparent meaning is that if the *subrah* is known by measure, there is no need to re-measure it.
Likewise, food that you bought by measure, and the seller measured it at a time when it did not change, there is no harm in taking possession of it based on the first measurement.
Now, among the benefits of the hadith: It is not permissible to sell two *subrahs* of dates, one for the other. Why?
The student: It is more obscure.
The Shaykh : Because this is more obscure than if one of them were known. Yes, unless we know the measure of both at a time when the dates do not change, then there is no harm.
"And from Ma'mar ibn 'Abd Allah (may Allah be pleased with him)".
The student: ... .
The Shaykh : Yes?
The student: It refers to the rule we mentioned previously, which is: "That ignorance of equality is like knowledge of difference".
The Shaykh : Like knowledge of difference. Yes, this refers to the rule we mentioned previously: that ignorance of equality is like knowledge of difference. Yes.