Explanation of the Book of Sales-16
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The Shaykh : 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: Sunan Abi Dawud 3462Sahih (Al-Albani) Abu Dawud narrated it from the narration of Nafi' from him - meaning from Ibn 'Umar - and there is a discussion regarding its chain of narration. Ahmad has a similar narration from the narration of 'Ata, and its narrators are trustworthy, and Ibn al-Qattan authenticated it":
The student:.
The Shaykh : Yes,.
Well, he says:: "You trade" means you execute sales contracts. This contract is called a sale (mubayaa') because each of the contracting parties extends his hand to the other to deliver the consideration. So the buyer extends his hand to the seller to deliver the price, and the seller extends his hand to the buyer to deliver the item sold. Well.
And his saying:: "'Inah" is a noun on the pattern fa'ilah from the word 'ayn, which is paper money or gold or currency in general. And what is meant by "with 'inah" is: that one sells an item for a deferred price, then buys it back for less in cash. This is 'inah. "That one sells an item for a deferred price, then buys it back from the one who sold it to him for less in cash", whether this item is subject to riba or not. An example of that is: he sold him a car for twenty thousand over a period of one year, then he came back and bought it from him in cash for fifteen thousand. Then this is a sale of 'inah. And it was named so because the buyer did not intend the merchandise, but rather intended the 'ayn, meaning the cash, the cash to benefit from it. And the evidence for that is: he bought it for a higher deferred price, then sold it to the one who bought it from him in cash. So it is as if he did not intend this merchandise, but rather intended the price, the coins. Therefore, it was named a sale of 'inah.
Well, this is a forbidden sale, because a punishment was established for it. And it was a forbidden sale because it is a means to riba through a stratagem. And stratagems do not make the forbidden permissible, nor do they drop the obligatory.
The second description:Sunan Abi Dawud 3462Sahih (Al-Albani): And these two phrases are interconnected, because his saying: means for plowing them, for the one who plows with the cow is behind it driving it, so he takes hold of its tail and drives it.
: means the planting of the land that you plowed with this cow.
: means you did not strive in the path of Allah, neither with your wealth, nor with your souls, nor with your tongues, nor with your pens. You relied on permanence, and you did not move to support the religion of Allah (Mighty and Majestic). And the common case is that this is attached to this, meaning that the one who is engrossed in seeking the worldly life and devises stratagems to obtain it, even with what Allah has forbidden, the common case is that he abandons jihad, because his heart is preoccupied with the worldly life from it.
He said, if these four occur:Sunan Abi Dawud 3462Sahih (Al-Albani), Sunan Abi Dawud 3462Sahih (Al-Albani): meaning: you are struck with humiliation, and humiliation is the opposite of honor, you become humiliated before people.
Sunan Abi Dawud 3462Sahih (Al-Albani): means to establishing the religion in the way that Allah (Mighty and Majestic) approves, because a person does not exit Islam with these descriptions, but he exits from the perfection of Islam, as is well known.
This hadith contains a severe warning for the one who is characterized by these four descriptions: devising stratagems in their sales to the forbidden, to riba, and the second: being content with plowing and the tails of cows instead of jihad in the path of Allah.
Yes, he says: are there three or four?
The student: Four.
The Shaykh :Sunan Abi Dawud 3462Sahih (Al-Albani) Four, but in it is something attached to the thing. If these descriptions occur, Allah will impose upon the community this humiliation that He will not remove until they return to their religion.
When you enter into the inah transaction, hold the tails of oxen, are pleased with agriculture, and give up conducting jihad (struggle in the way of Allah). Allah will make disgrace prevail over you, and will not withdraw it until you return to your original religion.
إذا تبايعتم بالعينة ، وأخذتم أذناب البقر ، ورضيتم بالزرع ، وتركتم الجهاد ، سلَّط الله عليكم ذلا لا ينزعه حتى ترجعوا إلى دينكمThe student:
And you take the tails of cows
وأخذتم أذناب البقرThe Shaykh : Yes,
And you take the tails of cows
وأخذتم أذناب البقرWell, he says:
When you trade with ‘inah
إذا تبايعتم بالعينةAnd his saying:
with 'inah
بالعينةWell, this is a forbidden sale, because a punishment was established for it. And it was a forbidden sale because it is a means to riba through a stratagem. And stratagems do not make the forbidden permissible, nor do they drop the obligatory.
The second description:
hold the tails of oxen, are pleased with agriculture
وأخذتم أذناب البقر ، ورضيتم بالزرعYou take hold of the tails of the cattle
أخذتم أذناب البقرand you are content with crops
رضيتم بالزرعand abandon jihad
وتركتم الجهادHe said, if these four occur:
Allah will make disgrace prevail over you, and will not withdraw it until you return to your original religion.
سلط الله عليكم ذلاً لا ينزعه حتى ترجعوا إلى دينكمAllah will make disgrace prevail over you
سلط الله عليكم ذلاًuntil you return to your original religion
حتى ترجعوا إلى دينكمThis hadith contains a severe warning for the one who is characterized by these four descriptions: devising stratagems in their sales to the forbidden, to riba, and the second: being content with plowing and the tails of cows instead of jihad in the path of Allah.
Yes, he says: are there three or four?
The student: Four.
The Shaykh :
