Benefits of the Hadith: (When you trade by the method of 'inah, and take the tails of cows . . . .).
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The Shaykh : In this hadith, there are several benefits:
The first benefit: The prohibition of the sale of 'inah, which, as I described to you, is when one sells an item for a deferred price and then buys it back for less in cash. For example, if he sells a car for twenty thousand, then buys it back from the buyer for fifteen thousand in cash, this is 'inah. If he buys it from someone other than the buyer, meaning the one who bought it from him sells it to a second buyer, and the first seller buys it from the second buyer, then this is not 'inah, because there is no stratagem in it, unless there is an agreement where the first seller tells the buyer: "Sell it to so-and-so, and I will buy it from him," in which case the stratagem does not avail. Now, if he sells it after its condition has changed, and then the seller buys it back for less than he sold it for after the change in condition, is this permissible? Hmm?
One looks at the decrease; if it is in proportion to what decreased from its value for which he sold it, then there is no harm in it, although scrupulousness dictates leaving it off so that the door is not opened. For example: he sold him a car for twenty thousand for a year, then it was involved in an accident and its value decreased by five thousand, so he bought it for fifteen thousand. Is this permissible or not?
The student: It is permissible.
The Shaykh : It is permissible, but even so, the most scrupulous course is to leave it off, and the safest course, so that it does not become a means to the sale of 'inah.
Now, if he buys it for less than the decrease in price, not due to a change in its condition, then it appears that this is not permissible. That is, it was worth twenty thousand, but the price dropped, so he bought it for the amount it dropped by, not for the difference between cash and deferred payment. It appears that this is not permissible, even if the price differs, because it is an obvious stratagem.
What if he buys it for the same amount he sold it for?
The student: Permissible.
The Shaykh : Yes, then there is no harm in it, because it is permissible for him to sell it to him for twenty thousand for a year, while it is worth fifteen thousand, and then prices rise so that it becomes worth twenty thousand in cash, and he buys it for twenty thousand, meaning for the same amount he sold it for. Then there is no harm in it. So the issues of 'inah now have several forms: permissible forms and prohibited forms. The prohibited ones are: that he sells it for a deferred price and then buys it back for less; that he sells it for a deferred price and then buys it back from him due to a drop in price. These two are not permissible.
That he sells it for a deferred price and then buys it back for less, and the decrease is equal to the decrease in its condition due to a defect occurring in it or a weakness in an animal. This is permissible, but it is better to leave it off. The fourth: that he buys it for the same amount he sold it for. This is permissible, because there is no prohibition in it. The fifth: that he buys it for more than he sold it for. This is also permissible, a fortiori, because there is no prohibition in that.
Yes, this is the hadith we began with, in which the Prophet (peace and blessings be upon him) said:Sunan Abi Dawud 3462Sahih (Al-Albani) : 'Inah. We said: It is when one sells an item for a deferred price and then buys it back for less in cash. Ah?
The student: The benefits.
The Shaykh : The benefits. So, let us take the benefits:
Among the benefits of the hadith: The warning against preoccupation with the sale of 'inah, due to his saying: .
Is this warning on the basis of prohibition or on the basis of guidance?
We say: It is on the basis of prohibition. Where did we take that from?
We took that from the fact that it is an obvious stratagem close to riba, because if I sell you this car for twenty thousand for a year, then I come back and take it from you for fifteen thousand in cash, it is as if I gave you fifteen thousand in cash for twenty thousand for a year. And this is a stratagem. For this reason, Ibn 'Abbas said about it: "It is dirhams for dirhams, with a piece of cloth entering between them" : a piece of cloth means a rag, and it is as if he was asked about a silk garment for a deferred price of so much, and bought for so much in cash.
Now, among the benefits of the hadith: If the first seller buys it from someone other than the buyer, there is no harm, is that right?!
The student: ... .
The Shaykh : No, if the first seller buys it from someone other than the buyer, there is no harm. For example, Zayd sells it to 'Amr, then 'Amr sells it to Bakr, and Zayd buys it from Bakr. Then there is no harm in it, because the stratagem in it is remote. We addressed in the benefits the case where the commodity differs or the value differs, and whether this has an effect or not. We mentioned five forms. Yes. Now, among the benefits of the hadith: The warning against preoccupation with planting over jihad, due to his saying:Sunan Abi Dawud 3462Sahih (Al-Albani) .
Now, among the benefits of the hadith: That jihad is obligatory, because the Prophet (peace and blessings be upon him) warned against preoccupation with other things over it, by saying that Allah will strike the community with humiliation that He will not remove until they return to their religion.
And among the benefits of the hadith: That it is incumbent upon Muslims not to be engrossed in seeking the worldly life, because it occupies them from the Hereafter. And opening the door to engrossment in the worldly life, without doubt, causes a person to forget the remembrance of Allah (Mighty and Majestic). And we are now in an age in which people are engrossed in seeking the worldly life, so stratagems for it have multiplied through riba, and stratagems for it have multiplied through gambling, and stratagems for it have multiplied through stocks. For this reason, how many people ask today about shareholdings and partnerships that are not permissible, because they are preoccupied. They saw many earnings with little work and in a short time, so they became engrossed in the worldly life, and this became their greatest concern. Buy this, buy that currency, buy that dinar, until people became as if they were materialists. And without doubt, this is a great danger for Muslims, because the heart is a container; if it is filled with something, there is no place left for another thing. So if the heart is filled with love of the worldly life, it is occupied from love of Allah and His Messenger, and the person has no concern except earning. But we praise Allah also—we praise Allah in all circumstances—and we praise Allah that there are many people who do not proceed to such partnerships and transactions except after asking. And this is, without doubt, a blessing from Allah. Indeed, opening these doors for people, opening the door of gambling through prohibited competitions, is without doubt a harm.
Many scholars have weakened this hadith. Many people of knowledge have weakened it, as the words of the commentator (may Allah have mercy on him) indicate. And without doubt, its meaning, if jihad is obligatory, is correct. If people leave what Allah has obligated upon them of jihad and are preoccupied with the worldly life over it, then this is among the causes of humiliation and defeat.
And if the Companions (may Allah be pleased with them), in the Battle of Uhud, when they desired the worldly life and descended from the position where the Prophet (peace and blessings be upon him) had arranged them, what happened of defeat happened. So what about others?!
So the meaning of the hadith is correct, but its chains are weak. All right.
We previously mentioned in the explanation that we said: That jihad includes everything by which the religion of Allah is defended, from jihad with weapons, and jihad with knowledge. And if the Muslim community needs correct Islamic knowledge, then preoccupation with it is like preoccupation with armed jihad with weapons. Indeed, it may be better than it, because the need for it is general for Muslims and non-Muslims. Even Muslims need to establish their religion, which is clarified by the Book and the Sunnah. So they are in need of upholding the Shari'ah of Allah that came in the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him). And they are also in need of knowing the limits of Allah regarding the treatment of disbelievers in peace and war.
The first benefit: The prohibition of the sale of 'inah, which, as I described to you, is when one sells an item for a deferred price and then buys it back for less in cash. For example, if he sells a car for twenty thousand, then buys it back from the buyer for fifteen thousand in cash, this is 'inah. If he buys it from someone other than the buyer, meaning the one who bought it from him sells it to a second buyer, and the first seller buys it from the second buyer, then this is not 'inah, because there is no stratagem in it, unless there is an agreement where the first seller tells the buyer: "Sell it to so-and-so, and I will buy it from him," in which case the stratagem does not avail. Now, if he sells it after its condition has changed, and then the seller buys it back for less than he sold it for after the change in condition, is this permissible? Hmm?
One looks at the decrease; if it is in proportion to what decreased from its value for which he sold it, then there is no harm in it, although scrupulousness dictates leaving it off so that the door is not opened. For example: he sold him a car for twenty thousand for a year, then it was involved in an accident and its value decreased by five thousand, so he bought it for fifteen thousand. Is this permissible or not?
The student: It is permissible.
The Shaykh : It is permissible, but even so, the most scrupulous course is to leave it off, and the safest course, so that it does not become a means to the sale of 'inah.
Now, if he buys it for less than the decrease in price, not due to a change in its condition, then it appears that this is not permissible. That is, it was worth twenty thousand, but the price dropped, so he bought it for the amount it dropped by, not for the difference between cash and deferred payment. It appears that this is not permissible, even if the price differs, because it is an obvious stratagem.
What if he buys it for the same amount he sold it for?
The student: Permissible.
The Shaykh : Yes, then there is no harm in it, because it is permissible for him to sell it to him for twenty thousand for a year, while it is worth fifteen thousand, and then prices rise so that it becomes worth twenty thousand in cash, and he buys it for twenty thousand, meaning for the same amount he sold it for. Then there is no harm in it. So the issues of 'inah now have several forms: permissible forms and prohibited forms. The prohibited ones are: that he sells it for a deferred price and then buys it back for less; that he sells it for a deferred price and then buys it back from him due to a drop in price. These two are not permissible.
That he sells it for a deferred price and then buys it back for less, and the decrease is equal to the decrease in its condition due to a defect occurring in it or a weakness in an animal. This is permissible, but it is better to leave it off. The fourth: that he buys it for the same amount he sold it for. This is permissible, because there is no prohibition in it. The fifth: that he buys it for more than he sold it for. This is also permissible, a fortiori, because there is no prohibition in that.
Yes, this is the hadith we began with, in which the Prophet (peace and blessings be upon him) said:
When you enter into the inah transaction, hold the tails of oxen
إذا تبايعتم بالعينة ، وأخذتم بأذناب البقرThe student: The benefits.
The Shaykh : The benefits. So, let us take the benefits:
Among the benefits of the hadith: The warning against preoccupation with the sale of 'inah, due to his saying:
When you trade with ‘inah
إذا تبايعتم بالعينةIs this warning on the basis of prohibition or on the basis of guidance?
We say: It is on the basis of prohibition. Where did we take that from?
We took that from the fact that it is an obvious stratagem close to riba, because if I sell you this car for twenty thousand for a year, then I come back and take it from you for fifteen thousand in cash, it is as if I gave you fifteen thousand in cash for twenty thousand for a year. And this is a stratagem. For this reason, Ibn 'Abbas said about it: "It is dirhams for dirhams, with a piece of cloth entering between them" : a piece of cloth means a rag, and it is as if he was asked about a silk garment for a deferred price of so much, and bought for so much in cash.
Now, among the benefits of the hadith: If the first seller buys it from someone other than the buyer, there is no harm, is that right?!
The student: ... .
The Shaykh : No, if the first seller buys it from someone other than the buyer, there is no harm. For example, Zayd sells it to 'Amr, then 'Amr sells it to Bakr, and Zayd buys it from Bakr. Then there is no harm in it, because the stratagem in it is remote. We addressed in the benefits the case where the commodity differs or the value differs, and whether this has an effect or not. We mentioned five forms. Yes. Now, among the benefits of the hadith: The warning against preoccupation with planting over jihad, due to his saying:
hold the tails of oxen, are pleased with agriculture
وأخذتم أذناب البقر ، ورضيتم بالزرعNow, among the benefits of the hadith: That jihad is obligatory, because the Prophet (peace and blessings be upon him) warned against preoccupation with other things over it, by saying that Allah will strike the community with humiliation that He will not remove until they return to their religion.
And among the benefits of the hadith: That it is incumbent upon Muslims not to be engrossed in seeking the worldly life, because it occupies them from the Hereafter. And opening the door to engrossment in the worldly life, without doubt, causes a person to forget the remembrance of Allah (Mighty and Majestic). And we are now in an age in which people are engrossed in seeking the worldly life, so stratagems for it have multiplied through riba, and stratagems for it have multiplied through gambling, and stratagems for it have multiplied through stocks. For this reason, how many people ask today about shareholdings and partnerships that are not permissible, because they are preoccupied. They saw many earnings with little work and in a short time, so they became engrossed in the worldly life, and this became their greatest concern. Buy this, buy that currency, buy that dinar, until people became as if they were materialists. And without doubt, this is a great danger for Muslims, because the heart is a container; if it is filled with something, there is no place left for another thing. So if the heart is filled with love of the worldly life, it is occupied from love of Allah and His Messenger, and the person has no concern except earning. But we praise Allah also—we praise Allah in all circumstances—and we praise Allah that there are many people who do not proceed to such partnerships and transactions except after asking. And this is, without doubt, a blessing from Allah. Indeed, opening these doors for people, opening the door of gambling through prohibited competitions, is without doubt a harm.
Many scholars have weakened this hadith. Many people of knowledge have weakened it, as the words of the commentator (may Allah have mercy on him) indicate. And without doubt, its meaning, if jihad is obligatory, is correct. If people leave what Allah has obligated upon them of jihad and are preoccupied with the worldly life over it, then this is among the causes of humiliation and defeat.
And if the Companions (may Allah be pleased with them), in the Battle of Uhud, when they desired the worldly life and descended from the position where the Prophet (peace and blessings be upon him) had arranged them, what happened of defeat happened. So what about others?!
So the meaning of the hadith is correct, but its chains are weak. All right.
We previously mentioned in the explanation that we said: That jihad includes everything by which the religion of Allah is defended, from jihad with weapons, and jihad with knowledge. And if the Muslim community needs correct Islamic knowledge, then preoccupation with it is like preoccupation with armed jihad with weapons. Indeed, it may be better than it, because the need for it is general for Muslims and non-Muslims. Even Muslims need to establish their religion, which is clarified by the Book and the Sunnah. So they are in need of upholding the Shari'ah of Allah that came in the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him). And they are also in need of knowing the limits of Allah regarding the treatment of disbelievers in peace and war.