Explanation of the Book of Sales-17
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The Shaykh : Then the author said: "And from Sa'd ibn Abi Waqqas (may Allah be pleased with him), who said: Muwatta Malik 46:2": The phrase "being asked" is a state of the Prophet, meaning: I heard him being asked.
"Bulugh al-Maram 7:79 It was narrated by the five, and Ibn al-Madini, al-Tirmidhi, Ibn Hibban, and al-Hakim graded it as authentic":
: This is from the chapter on buying a ribawi item with its own kind. It is known that there is a difference between fresh dates and dried dates, and that equality between them is impossible. For this reason, the Prophet (peace and blessings be upon him) asked: Al-Mustadrak lil-Hakim 20:136: And the Prophet's (peace and blessings be upon him) question about the decrease of fresh dates when they dry is not a question seeking information. Why?
The student: Because he knows.
The Shaykh : Because he knows that, but it is a question to establish the ruling and to point to the 'illah (operative cause), which is: that it is not permissible because the fresh date decreases when it dries. Based on this, we say: selling fresh dates for dried dates is not permissible, and the 'illah is that it decreases when it dries.
And selling dried dates for dried dates requires equality, and equality here is absent. Even if the fresh dates were estimated (kharas) to yield a quantity of dried dates equal to the dried dates sold for them, it is still not permissible. That is because estimation is based on guesswork and approximation, whereas what is required is certain knowledge.
I heard the Messenger of Allah, may Allah bless him and grant him peace, being asked about it
سمعت رسول الله صلى الله عليه وسلم يُسأل عن اشتراء الرطب بالتمر"
being asked about buying fresh dates for dry ones. He replied, "Will fresh dates diminish when they become dry?" They answered, "Yes." So he forbade that.
يسأل عن اشتراء الرطب بالتمر .فقال : أينقص الرطب إذا يبس ؟ قالوا : نعم ، فنهى عن ذلكbuying fresh dates with dried dates
اشتراء الرطب بالتمرDoes it decrease when it dries? They said: Yes
أينقص إذا جف ؟ قالوا : نعمThe student: Because he knows.
The Shaykh : Because he knows that, but it is a question to establish the ruling and to point to the 'illah (operative cause), which is: that it is not permissible because the fresh date decreases when it dries. Based on this, we say: selling fresh dates for dried dates is not permissible, and the 'illah is that it decreases when it dries.
And selling dried dates for dried dates requires equality, and equality here is absent. Even if the fresh dates were estimated (kharas) to yield a quantity of dried dates equal to the dried dates sold for them, it is still not permissible. That is because estimation is based on guesswork and approximation, whereas what is required is certain knowledge.