Explanation of the Book of Sales-16
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The Shaykh :"And from Samurah ibn Jundub (may Allah be pleased with him): Mishkat al-Masabih 2822 It was narrated by the five and graded authentic by al-Tirmidhi and Ibn al-Jarud":
This hadith states: It is from the narration of al-Hasan al-Basri from Samurah, and there is disagreement regarding his hearing it from him. Al-Athram said: Abu 'Abdullah said: "His hearing of it from him is not authentic", "And all the hadiths of prohibition, none of them is a hadith to be relied upon, end of quote": Yes, in this issue, the hadith is clear and says:Sunan Ibn Majah 2270Sahih (Darussalam) That is: deferred without taking possession.
And "animal" by custom is the beast, and the term "animal" is not applied to a human. What the logicians adopted in describing a human as a "rational animal" is a technical term; otherwise, custom, and I think the Arabic language as well, does not call a human an animal.
And his saying:Sunan Ibn Majah 2270Sahih (Darussalam) That is: while they are alive. As for after slaughter, it is not called an animal, but rather meat.
So it is understood from this hadith: the prohibition of selling an animal for an animal on credit, such as: a person selling a camel for a camel without taking possession.
The apparent meaning of the hadith is that there is no difference between the two camels being of the same species or of two different species, such as: selling a camel for a cow or a camel for a camel. However, there is disagreement in this issue. Some scholars said: an animal for an animal means of the same species, like selling wheat for wheat. As for if it is of a different species, there is no harm in selling it for it on credit, such as: selling a cow for a camel, or a cow for three or four sheep, or the like.
They said: Because if riba does not apply in the sale of a food item for a different food item, then in the case of animals it is even more so, because animals are not measured or weighed, so there is no operative cause for riba al-nasi'ah.
And if we say that the hadith is not authentic and that it is disconnected, then it is permissible to sell an animal for an animal on credit, just as it is permissible to sell an animal for an animal with immediate possession, possessed and not deferred. And it will come, if Allah wills, in the hadith of 'Abdullah ibn 'Amr:: For this hadith contains excess with deferral.
Now, then he said: "And from Ibn 'Umar (may Allah be pleased with them both) he said: I heard the Messenger of Allah (peace and blessings be upon him) say".
The student: The benefits.
The Shaykh : The benefits of the hadith. Yes.
the Prophet, forbade selling animal for animals when payment was to be made at a later date
أن النبي صلى الله عليه وسلم نهى عن بيع الحيوان بالحيوان نسيئةThis hadith states: It is from the narration of al-Hasan al-Basri from Samurah, and there is disagreement regarding his hearing it from him. Al-Athram said: Abu 'Abdullah said: "His hearing of it from him is not authentic", "And all the hadiths of prohibition, none of them is a hadith to be relied upon, end of quote": Yes, in this issue, the hadith is clear and says:
forbade selling animals for animals on credit
نهى عن بيع الحيوان بالحيوان نسيئةAnd "animal" by custom is the beast, and the term "animal" is not applied to a human. What the logicians adopted in describing a human as a "rational animal" is a technical term; otherwise, custom, and I think the Arabic language as well, does not call a human an animal.
And his saying:
forbade selling animals for animals
نهى عن بيع الحيوان بالحيوانSo it is understood from this hadith: the prohibition of selling an animal for an animal on credit, such as: a person selling a camel for a camel without taking possession.
The apparent meaning of the hadith is that there is no difference between the two camels being of the same species or of two different species, such as: selling a camel for a cow or a camel for a camel. However, there is disagreement in this issue. Some scholars said: an animal for an animal means of the same species, like selling wheat for wheat. As for if it is of a different species, there is no harm in selling it for it on credit, such as: selling a cow for a camel, or a cow for three or four sheep, or the like.
They said: Because if riba does not apply in the sale of a food item for a different food item, then in the case of animals it is even more so, because animals are not measured or weighed, so there is no operative cause for riba al-nasi'ah.
And if we say that the hadith is not authentic and that it is disconnected, then it is permissible to sell an animal for an animal on credit, just as it is permissible to sell an animal for an animal with immediate possession, possessed and not deferred. And it will come, if Allah wills, in the hadith of 'Abdullah ibn 'Amr:
That the Messenger (may the prayer and peace of Allah be upon him) ordered him to equip an army, so the camels ran out, and he would take one camel for two camels and two camels for three
أنَ الرسول عليه الصلاة والسلام أمره أن يجهز جيشًا فنفدت الإبل ، فكان يأخذ البعير بالبعيرين والبعيرين بالثلاثةNow, then he said: "And from Ibn 'Umar (may Allah be pleased with them both) he said: I heard the Messenger of Allah (peace and blessings be upon him) say".
The student: The benefits.
The Shaykh : The benefits of the hadith. Yes.