Explanation of the Book of Sales-17
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The Shaykh :-Then he said: And from 'Abdullah ibn 'Umar (may Allah be pleased with them both), this is a new lesson- " And from 'Abdullah ibn 'Umar (may Allah be pleased with them both), he said: Sahih Muslim 1546 " :
Al-muzabana is a mufa'ala form, and this form of verbs indicates, in the majority of cases, that the mufa'ala indicates sharing between two or more people, such as al-muqatala (mutual fighting), al-mujahada (mutual striving), al-mugharasa (mutual planting), and al-musaqat (mutual irrigation), and the like. However, it may not indicate sharing, such as al-musafara (traveling); it is said: the man traveled al-musafara, and he is alone, he has no other party.
Al-muzabana: it is from the shared actions, and it is derived from al-zabn, which is pushing. So it is a sale between two people, but it is specified to a particular type of sales, otherwise all sales involve al-muzabana, because they are from pushing; the seller pushes the goods and the buyer pushes the price, but it is specified to a certain type of sales.
There is no objection to specifying the general meaning with something or in something of its individuals.
Al-muzabana, he explained it by saying:Muwatta Malik 31:18 And: here it is a source particle; either the source is raised as the predicate of a deleted subject, and the estimation is: it is that he sells.
Or it is in the position of genitive, yes, it is an explanation of al-muzabana, because al-muzabana is in the genitive case due to "from" (an).
Meaning: the seller.
Bulugh al-Maram 7:79 :
These are three forms:
The first form: that he sells the fruit of his orchard, if it is date palms, for dates by measure. A person comes to the owner of the orchard and says: sell me the fruit of this date palm for dates. This al-muzabana is not permissible, because the Prophet (peace and blessings be upon him) forbade it, and the cause of that is that it is a sale of dates for dates, and the sale of dates for dates requires equality in measure. It is known that dates on the palm tree cannot be measured, and if measuring is not possible, then equality is not realized.
If someone says: we estimate it by what its dates will amount to, we say: this date palm, when it fruits, will yield fifty sa' of dates. If the buyer gives fifty sa' of dates for the dates of this date palm, what does the dates he gave correspond to the fruit of the palm with? With the estimate?! The answer to that is that we say: the estimate is an opinion and a guess, and the measure is knowledge and certainty. It is not possible to correspond an opinion and a guess with knowledge and certainty. And we have a rule in the chapter of riba items: " that ignorance " - we know that you have knowledge - " and that ignorance of equality is like knowledge of excess ", ignorance of equality is like knowledge of excess. And we are now ignorant of equality in measure because the estimate is not knowledge, but it is an opinion and a guess.
And likewise with regard to grapes meaning: grapes, Sahih al-Bukhari 2205 : raisins are: dried grapes, and the vineyard is fresh grapes. So a man has a grape tree with grapes on it, and a person comes to him and says: I buy from you the grapes of this vineyard for raisins. How much will this grape yield? He says: when it dries, it will yield fifty sa'. I say: these are fifty sa' of raisins. So this is al-muzabana, and it is not lawful, and its cause is what was mentioned before, that the equality or similarity between it and the raisins is unknown, and ignorance of equality is like knowledge of excess.
Sunan an-Nasa'i 4549Sahih (Darussalam) : the crop includes barley and includes wheat. So this is a man who has a farm that yields one hundred sa', so a man came to him and said: sell me this farm for one hundred sa' of grain, which was described in the hadith as food because it is eaten. We say: this is not permissible, and the cause in it is that it is a sale of wheat for wheat or barley for barley with ignorance of equality, and ignorance of equality is like knowledge of excess.
Now, this hadith then falls under the chapter of riba, is that not so? It falls under the chapter of riba.
Now, what do you say if he sold the dates of his palm for raisins by measure, is that permissible?
The student: Yes.
The Shaykh : Yes, it is permissible, because the sale of dates for raisins does not require similarity. And likewise, if he sold the fruit of his palm for food by measure, there is no harm in it, because similarity is not required in this.
Now, but if he sold dates for raisins or food for wheat or barley, it is necessary to? Hmm?
The student: The mutual possession.
The Shaykh : The mutual possession is necessary because of their sharing in the measure, which is the cause of riba, rather, in the measure and food and sustenance.
What is excluded from this hadith is what was established by the Sunnah of al-'araya in the fruit of date palms, and likewise in grapes according to the correct opinion. So if a person wants to buy date palm fruit for dates, it is permissible in the chapter of al-'araya, but with conditions:
The first condition: that he does not have cash, the buyer has cash.
And the second condition: that he is in need of fresh dates, meaning he wants to snack on them, not a person who does not care whether he eats dates or fresh dates, but his soul longs for fresh dates, so he is in need of them. And the third condition: that it is within five wasq or less, or less than five wasq, and the wasq is sixty sa', meaning: three hundred sa'. If it exceeds that, it is not permissible. The fourth condition: that the fresh dates in their estimate are equal to the dates in what they will amount to, meaning that we say: this fresh date, when it dries, will yield one hundred sa', and it is exchanged for what? For one hundred sa' without increase, meaning that the estimate of the fresh dates in what they will amount to in dates is equal to the dates given.
The fifth condition: that he eats them fresh, who eats them fresh? The buyer eats them fresh. So if he leaves them until they ripen, the sale is invalid, except if he leaves them for an excuse, such as being prevented from them, then he is excused in that. With these five conditions, the sale of fresh dates for dates is permissible, and if these five conditions are not present, it is not permissible.
Grapes are like dates, because people need to snack on them, but the crop is not, because the crop, no matter what it is, will turn into grain, and it will not be benefited from before it becomes grain,Sunan an-Nasa'i 4549Sahih (Darussalam) Agreed upon by al-Bukhari and Muslim.
Allah's Messenger (ﷺ) having forbidden Mazabana
نهى رسول الله صلى الله عليه وسلم عن المزابنةAl-muzabana is a mufa'ala form, and this form of verbs indicates, in the majority of cases, that the mufa'ala indicates sharing between two or more people, such as al-muqatala (mutual fighting), al-mujahada (mutual striving), al-mugharasa (mutual planting), and al-musaqat (mutual irrigation), and the like. However, it may not indicate sharing, such as al-musafara (traveling); it is said: the man traveled al-musafara, and he is alone, he has no other party.
Al-muzabana: it is from the shared actions, and it is derived from al-zabn, which is pushing. So it is a sale between two people, but it is specified to a particular type of sales, otherwise all sales involve al-muzabana, because they are from pushing; the seller pushes the goods and the buyer pushes the price, but it is specified to a certain type of sales.
There is no objection to specifying the general meaning with something or in something of its individuals.
Al-muzabana, he explained it by saying:
would sell produce from his orchard
أن يبيع ثمر حائطهOr it is in the position of genitive, yes, it is an explanation of al-muzabana, because al-muzabana is in the genitive case due to "from" (an).
That he sells
أن يبيعthat a man sells the fruit of his garden, if it consists of palm-trees (fresh dates), for dried dates by measure; or if it consists of grapes (on the vines), for raisins by measure; or if it is unpicked crops, he sells it for a measured amount of picked crops. He forbade all that.
ثمر حائطه إن كان نخلا بتمر كيلا ، وإن كان كرماً أن يبيعه بزبيب كيلاً ، وإن كان زرعاً أن يبيعه بكيل طعام ، نهى عن ذلك كلهThese are three forms:
The first form: that he sells the fruit of his orchard, if it is date palms, for dates by measure. A person comes to the owner of the orchard and says: sell me the fruit of this date palm for dates. This al-muzabana is not permissible, because the Prophet (peace and blessings be upon him) forbade it, and the cause of that is that it is a sale of dates for dates, and the sale of dates for dates requires equality in measure. It is known that dates on the palm tree cannot be measured, and if measuring is not possible, then equality is not realized.
If someone says: we estimate it by what its dates will amount to, we say: this date palm, when it fruits, will yield fifty sa' of dates. If the buyer gives fifty sa' of dates for the dates of this date palm, what does the dates he gave correspond to the fruit of the palm with? With the estimate?! The answer to that is that we say: the estimate is an opinion and a guess, and the measure is knowledge and certainty. It is not possible to correspond an opinion and a guess with knowledge and certainty. And we have a rule in the chapter of riba items: " that ignorance " - we know that you have knowledge - " and that ignorance of equality is like knowledge of excess ", ignorance of equality is like knowledge of excess. And we are now ignorant of equality in measure because the estimate is not knowledge, but it is an opinion and a guess.
And likewise with regard to grapes
If it is fresh grapes
إن كان كرماًfresh ungathered grapes for measured dried grapes
أن يبيعه بزبيب كيلاًOr if it is grain in the field, he sells it for grain that has been harvested
وإن كان زرعًا أن يبيعه بكيل طعامNow, this hadith then falls under the chapter of riba, is that not so? It falls under the chapter of riba.
Now, what do you say if he sold the dates of his palm for raisins by measure, is that permissible?
The student: Yes.
The Shaykh : Yes, it is permissible, because the sale of dates for raisins does not require similarity. And likewise, if he sold the fruit of his palm for food by measure, there is no harm in it, because similarity is not required in this.
Now, but if he sold dates for raisins or food for wheat or barley, it is necessary to? Hmm?
The student: The mutual possession.
The Shaykh : The mutual possession is necessary because of their sharing in the measure, which is the cause of riba, rather, in the measure and food and sustenance.
What is excluded from this hadith is what was established by the Sunnah of al-'araya in the fruit of date palms, and likewise in grapes according to the correct opinion. So if a person wants to buy date palm fruit for dates, it is permissible in the chapter of al-'araya, but with conditions:
The first condition: that he does not have cash, the buyer has cash.
And the second condition: that he is in need of fresh dates, meaning he wants to snack on them, not a person who does not care whether he eats dates or fresh dates, but his soul longs for fresh dates, so he is in need of them. And the third condition: that it is within five wasq or less, or less than five wasq, and the wasq is sixty sa', meaning: three hundred sa'. If it exceeds that, it is not permissible. The fourth condition: that the fresh dates in their estimate are equal to the dates in what they will amount to, meaning that we say: this fresh date, when it dries, will yield one hundred sa', and it is exchanged for what? For one hundred sa' without increase, meaning that the estimate of the fresh dates in what they will amount to in dates is equal to the dates given.
The fifth condition: that he eats them fresh, who eats them fresh? The buyer eats them fresh. So if he leaves them until they ripen, the sale is invalid, except if he leaves them for an excuse, such as being prevented from them, then he is excused in that. With these five conditions, the sale of fresh dates for dates is permissible, and if these five conditions are not present, it is not permissible.
Grapes are like dates, because people need to snack on them, but the crop is not, because the crop, no matter what it is, will turn into grain, and it will not be benefited from before it becomes grain,