Explanation of the Book of Sales-17
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The Shaykh : He said: "And from Abu Hurayrah (may Allah be pleased with him): Sahih al-Bukhari 2382":
"Granted a dispensation for the sale of fresh dates" up to the end: all these phrases, as you see, use the word "dispensation" (rukhsah), and that is because the original ruling is prohibition and forbiddance.
He said:Sahih al-Bukhari 2382 They are estimated as dried dates, so the buyer presents one hundred sa' of dried dates if the estimate of this fresh date, when it becomes dried, is one hundred sa'. It is necessary that there be equality by the known measure and the estimate. Now he says: Sunan Abi Dawud 3364Sahih (Al-Albani) or: this is due to the uncertainty of the narrator.
meaning: in what is less than five wasqs.
Wasq is the plural of wasq, which is a load. It is called a wasq because it is "wasq" (bound), meaning it is tied and bound. The wasq is sixty sa' by the sa' of the Prophet (peace and blessings be upon him), so the five would be three hundred sa' by the sa' of the Prophet (peace and blessings be upon him). But there is uncertainty in the hadith now: is it in five wasqs, or in less than five wasqs?
Here there are three scenarios: that it is less, that it is more, or that it is exactly five. As for what is less, there is no doubt that the hadith covers it. As for what is more, there is no doubt that the hadith indicates prohibition in that case. As for what is exactly five wasqs, it is the point of uncertainty. What is the rule in such a case? The rule in such a case is to convert the uncertain matter to the certain thing. The certain thing here is that the sale of fresh dates for dried dates is not permissible; this is the original ruling. So the five remain uncertain: is it permissible or not?
And the original ruling?
The student: Prohibition.
The Shaykh : The original ruling is prohibition, the original ruling is prohibition. And based on this, we take this third condition: that it be in less than five wasqs. So, how many conditions are there now?
The student: Three.
The Shaykh : Where are they taken from?
The first, he said: that it be sold by its estimate.
The second: that they eat it fresh.
The third: that it be in less than five wasqs.
Now, the fourth: equality between the fresh dates and the dried dates, but by what the fresh dates will ultimately become, meaning we do not estimate them and say: one hundred for ninety. No, equality is necessary.
The fifth: that the buyer needs the fresh dates. If he does not need them, then it is not permissible. If he said: "It does not matter to me, I eat dried dates or I eat fresh dates," yes, we say: then there is no need to undergo the forbidden thing, which was only granted as a dispensation for a need, and you are not in need of it.
Now, the sixth: that he does not have cash, meaning he has no money, as the scholars said. Perhaps their intention is: that he does not have a consideration other than dried dates, meaning if he has wheat, for example, or barley, he does not need to buy it with dried dates.
The seventh: mutual possession (taqabud) between the two parties.
First: what is the evidence for the condition of mutual possession? The evidence for that is that the original ruling in the sale of dried dates for dried dates is that it must have two conditions: equality and mutual possession.
Equality here, we know, was granted as a dispensation, but mutual possession was not granted as a dispensation, so it remains on the original ruling. And based on this, mutual possession is necessary.
And how is mutual possession achieved? The scholars said: as for the palm trees, it is by relinquishing control (takhliyah), and as for the dried dates, it is by measuring. Measuring and taking. Is the dried dates provided by the seller or by the buyer?
The student: By the buyer.
The Shaykh : By the buyer. It must be measured and the seller must take possession of it. The fresh dates are taken possession of by relinquishing control. How is relinquishing control done?
The seller says to the buyer: "This palm tree and its fruit are yours," and he leaves him alone with it. Now. The eighth condition: that it be on the heads of the palm trees, because it came in the hadith like this:. If it has been cut down, is it permissible or not? The majority say it is not permissible, because the benefit for which the dispensation was granted is removed, since the dispensation was granted so that the buyer takes it fresh, little by little. But if he takes down four wasqs of fresh dates, he does not benefit.
Some people said: perhaps he has a refrigerator and he benefits from it. We say: instead of leaving it in the refrigerator and losing on the electricity, and perhaps the refrigerator breaks or the electricity goes out and the dried dates spoil, it is better and more appropriate to leave it on the heads of the palm trees. For this reason, this condition is necessary: that it be on the heads of the palm trees.
If someone said: Now, if this poor person brings a small amount, like one sa', for example, and buys with it fresh dates that will amount to one sa' when they become dried dates, in order to present them to guests he has, do you grant him a dispensation for that? Or did you not understand the scenario?
The student: Yes.
The Shaykh : Meaning a person who has guests now and needs the amount of one sa' of fresh dates, and he does not have dirhams, but he has dried dates. So he went to the shop owner and bought from him this fresh date with this dried date. Do you permit that or not?
We say: according to the opinion of the majority of scholars, we do not permit it, because they condition that it be on the heads of the palm trees.
But if someone said: the condition that it be on the heads of the palm trees is for when the buyer's purpose is to take it little by little. But if the buyer's purpose is to meet his present need, it appears that there is no harm in it, especially if selling this dried date for dirhams is difficult or delayed, and then he buys fresh dates with the dirhams. But if it is easy to sell the dried dates for dirhams and then buy the fresh dates, this is as the Prophet (peace and blessings be upon him) said:. So the conditions are now eight, eight. And the benefits of the hadith we will leave for the next lesson, because the time for questions has arrived.
The Prophet (ﷺ) allowed the sale of the dates of the 'Araya for ready dates by estimating the former which should be estimated as less than five Awsuq or five Awsuq.
أن رسول الله صلى الله عليه وسلم رخص في بيع العرايا بخرصها من التمر فيما دون خمسة أوسق ، أو في خمسة أوسق"Granted a dispensation for the sale of fresh dates" up to the end: all these phrases, as you see, use the word "dispensation" (rukhsah), and that is because the original ruling is prohibition and forbiddance.
He said:
the sale of the dates of the 'Araya for ready dates by estimating the former
في بيع العرايا بخرصها من التمرwhen the amount was less then five wasqs or five wasqs
فيما دون خمسة أوسق ، أو في خمسة أوسقin amounts less than
فيما دونWasq is the plural of wasq, which is a load. It is called a wasq because it is "wasq" (bound), meaning it is tied and bound. The wasq is sixty sa' by the sa' of the Prophet (peace and blessings be upon him), so the five would be three hundred sa' by the sa' of the Prophet (peace and blessings be upon him). But there is uncertainty in the hadith now: is it in five wasqs, or in less than five wasqs?
Here there are three scenarios: that it is less, that it is more, or that it is exactly five. As for what is less, there is no doubt that the hadith covers it. As for what is more, there is no doubt that the hadith indicates prohibition in that case. As for what is exactly five wasqs, it is the point of uncertainty. What is the rule in such a case? The rule in such a case is to convert the uncertain matter to the certain thing. The certain thing here is that the sale of fresh dates for dried dates is not permissible; this is the original ruling. So the five remain uncertain: is it permissible or not?
And the original ruling?
The student: Prohibition.
The Shaykh : The original ruling is prohibition, the original ruling is prohibition. And based on this, we take this third condition: that it be in less than five wasqs. So, how many conditions are there now?
The student: Three.
The Shaykh : Where are they taken from?
The first, he said: that it be sold by its estimate.
The second: that they eat it fresh.
The third: that it be in less than five wasqs.
Now, the fourth: equality between the fresh dates and the dried dates, but by what the fresh dates will ultimately become, meaning we do not estimate them and say: one hundred for ninety. No, equality is necessary.
The fifth: that the buyer needs the fresh dates. If he does not need them, then it is not permissible. If he said: "It does not matter to me, I eat dried dates or I eat fresh dates," yes, we say: then there is no need to undergo the forbidden thing, which was only granted as a dispensation for a need, and you are not in need of it.
Now, the sixth: that he does not have cash, meaning he has no money, as the scholars said. Perhaps their intention is: that he does not have a consideration other than dried dates, meaning if he has wheat, for example, or barley, he does not need to buy it with dried dates.
The seventh: mutual possession (taqabud) between the two parties.
First: what is the evidence for the condition of mutual possession? The evidence for that is that the original ruling in the sale of dried dates for dried dates is that it must have two conditions: equality and mutual possession.
Equality here, we know, was granted as a dispensation, but mutual possession was not granted as a dispensation, so it remains on the original ruling. And based on this, mutual possession is necessary.
And how is mutual possession achieved? The scholars said: as for the palm trees, it is by relinquishing control (takhliyah), and as for the dried dates, it is by measuring. Measuring and taking. Is the dried dates provided by the seller or by the buyer?
The student: By the buyer.
The Shaykh : By the buyer. It must be measured and the seller must take possession of it. The fresh dates are taken possession of by relinquishing control. How is relinquishing control done?
The seller says to the buyer: "This palm tree and its fruit are yours," and he leaves him alone with it. Now. The eighth condition: that it be on the heads of the palm trees, because it came in the hadith like this:
on the heads of the palm trees
على رؤوس النخلSome people said: perhaps he has a refrigerator and he benefits from it. We say: instead of leaving it in the refrigerator and losing on the electricity, and perhaps the refrigerator breaks or the electricity goes out and the dried dates spoil, it is better and more appropriate to leave it on the heads of the palm trees. For this reason, this condition is necessary: that it be on the heads of the palm trees.
If someone said: Now, if this poor person brings a small amount, like one sa', for example, and buys with it fresh dates that will amount to one sa' when they become dried dates, in order to present them to guests he has, do you grant him a dispensation for that? Or did you not understand the scenario?
The student: Yes.
The Shaykh : Meaning a person who has guests now and needs the amount of one sa' of fresh dates, and he does not have dirhams, but he has dried dates. So he went to the shop owner and bought from him this fresh date with this dried date. Do you permit that or not?
We say: according to the opinion of the majority of scholars, we do not permit it, because they condition that it be on the heads of the palm trees.
But if someone said: the condition that it be on the heads of the palm trees is for when the buyer's purpose is to take it little by little. But if the buyer's purpose is to meet his present need, it appears that there is no harm in it, especially if selling this dried date for dirhams is difficult or delayed, and then he buys fresh dates with the dirhams. But if it is easy to sell the dried dates for dirhams and then buy the fresh dates, this is as the Prophet (peace and blessings be upon him) said: