Explanation of the Book of Sales-16
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The Shaykh : From Fudalah ibn 'Ubayd (may Allah be pleased with him) - today's lesson: "And from Fudalah ibn 'Ubayd (may Allah be pleased with him), who said: Sahih Muslim 1591b": This is his statement: : meaning the day of the conquest of Khaybar. Khaybar was a collection of fortresses and farmland belonging to the Jews, located in the northwest of Madinah, at a distance of about a hundred miles. The Prophet (peace and blessings be upon him) conquered it in the sixth year of the Hijrah. When he conquered it, the Jews asked him to leave them as workers there, because they were people of cultivation and farming, on the condition that they would have half and the Prophet (peace and blessings be upon him) would have half. He agreed to this, because the Muhajireen and Ansar with him were occupied with the interests of the Muslims, such as jihad and others, and because these people were farmers and cultivators, so they knew their fields and crops best.
The important point is that the Prophet (peace and blessings be upon him) gained spoils from it, including spoils of gold. This necklace was among the spoils, so it was sold for twelve dinars. This is the narration of Muslim. The narrations differed greatly regarding the amount of the price for which it was sold, to the extent that some claimed the hadith was weak due to its inconsistency. As you know, inconsistency among narrators in transmitting a hadith leads to its weakness, if reconciliation and preference are not possible. This is because inconsistency requires two conditions:
That reconciliation is not possible, and that preference is not possible. If reconciliation is possible, it is reconciled, and the inconsistency is removed. If preference is possible, the stronger position is taken, and the rest is considered anomalous.
However, the correct view is what Ibn Hajar (may Allah have mercy on him) established: that such a difference does not harm, because this difference does not return to the original text of the hadith. The original text of the hadith is agreed upon, which is the sale of the necklace for gold. As for the amount, no ruling is attached to it. A similar case is the difference among narrators regarding the price of Jabir's camel. They differed greatly in this, yet this was not considered inconsistency, because the difference is not in the original text of the hadith. As for a difference in the original text of the hadith, such as one narrator reporting a prohibition and another reporting it with the wording of a command, or similar matters that return to its original text, then yes, inconsistency is ruled upon in that case if reconciliation and preference are not possible.
Well, in any case: the amount of the price does not concern us. What concerns us is the form of the contract and the subject matter of the contract, its type. As for the quantity, it does not matter.
He says:Sahih Muslim 1591b:
As is customary in a necklace: that it contains beads of gold, and beads of pottery or similar.
He says:Sahih Muslim 1591b So the gold in it weighed more than twelve dinars. It is known that the sale of gold for gold requires equality. He says: Sahih Muslim 1591b, when he was asked, he said: Jami` at-Tirmidhi 1255Sahih (Darussalam) meaning: separate from what? From the beads. The gold is to be made separate and the dinars separate, then they are weighed. If they are equal in weight, their sale is permissible.
And his statement: he did not say: "Do not do it." He said: : this indicates that this sale must be invalidated and repeated, because it is a defective, invalid sale.
This hadith, as you know, contains the purchase of a type of riba item for its type with a difference in amount. Brother, what is the legal principle in the sale of a riba item for its type?
The student: The sale of a difference in amount for its type?
The Shaykh : The sale of a difference in amount for its type. It appears you are not with us, are you? What?
The student: I was looking at the hadith.
The Shaykh : Yes, the hadith, take your time with it. You can review it after the lesson. As for the explanation, it goes by and leaves you, brother.
The student: Two conditions are required in it.
The Shaykh : That the sale?
The student: That the sale of a riba item requires two conditions.
The Shaykh : Yes.
The student: Mutual possession and equality.
The Shaykh : Fine.
This hadith indicates this, as he said:Sahih Muslim 1591b.
I bought on the day (of the Victory of Khaibar) a necklace for twelve dinars (gold coins).
اشتريت يوم خيبر قلادة باثني عشر ديناراًI bought on the day of Khaybar
اشتريت يوم خيبرThe important point is that the Prophet (peace and blessings be upon him) gained spoils from it, including spoils of gold. This necklace was among the spoils, so it was sold for twelve dinars. This is the narration of Muslim. The narrations differed greatly regarding the amount of the price for which it was sold, to the extent that some claimed the hadith was weak due to its inconsistency. As you know, inconsistency among narrators in transmitting a hadith leads to its weakness, if reconciliation and preference are not possible. This is because inconsistency requires two conditions:
That reconciliation is not possible, and that preference is not possible. If reconciliation is possible, it is reconciled, and the inconsistency is removed. If preference is possible, the stronger position is taken, and the rest is considered anomalous.
However, the correct view is what Ibn Hajar (may Allah have mercy on him) established: that such a difference does not harm, because this difference does not return to the original text of the hadith. The original text of the hadith is agreed upon, which is the sale of the necklace for gold. As for the amount, no ruling is attached to it. A similar case is the difference among narrators regarding the price of Jabir's camel. They differed greatly in this, yet this was not considered inconsistency, because the difference is not in the original text of the hadith. As for a difference in the original text of the hadith, such as one narrator reporting a prohibition and another reporting it with the wording of a command, or similar matters that return to its original text, then yes, inconsistency is ruled upon in that case if reconciliation and preference are not possible.
Well, in any case: the amount of the price does not concern us. What concerns us is the form of the contract and the subject matter of the contract, its type. As for the quantity, it does not matter.
He says:
for twelve dinars (gold coins). It was made of gold studded with gems
باثني عشر دينارًا فيها ذهب وخرزcontaining gold and beads
فيها ذهب وخرزHe says:
I separated (gold from gems) in it, and found (gold) of more (worth) than twelve dinars.
ففصلتها فوجدت فيها أكثر من اثني عشر دينارًاI made a mention of it to Allah's Apostle (ﷺ), whereupon he said: It should not be sold unless it is separated.
فذكرتُ ذلك للنبي صلى الله عليه وسلم فقال : لا تباعُ حتى تفصلDo not sell it until it is separated.
لا تباع حتى تفصلAnd his statement:
It is not to be sold
لا تباعIt is not to be sold
لا تباعThis hadith, as you know, contains the purchase of a type of riba item for its type with a difference in amount. Brother, what is the legal principle in the sale of a riba item for its type?
The student: The sale of a difference in amount for its type?
The Shaykh : The sale of a difference in amount for its type. It appears you are not with us, are you? What?
The student: I was looking at the hadith.
The Shaykh : Yes, the hadith, take your time with it. You can review it after the lesson. As for the explanation, it goes by and leaves you, brother.
The student: Two conditions are required in it.
The Shaykh : That the sale?
The student: That the sale of a riba item requires two conditions.
The Shaykh : Yes.
The student: Mutual possession and equality.
The Shaykh : Fine.
This hadith indicates this, as he said: