Explanation of the Book of Sales-18
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The Shaykh : He said: "And from Ibn 'Umar (may Allah be pleased with them both), he said: Bulugh al-Maram 7:84": His statement: The prohibition: It is a demand for cessation in a manner of superiority, like His saying, the Exalted: [An-Nisa 4:36], [Al-Isra 17:32], [Al-A'raf 7:85], and there are many examples of this.
The important point is that it is a demand for cessation in a manner of superiority, meaning that the one prohibiting feels that he is higher than the one being prohibited. If it is on the level of equality and parity, it is a request; and if it is from the lower to the higher, it is a supplication. So when Muslims say:[Al-Baqarah 2:286], we do not say: This is a prohibition. We say: This is a supplication, because you are not requesting nor asserting superiority, but you are begging, feeling that the one to whom you are saying: Do not hold us accountable, is above you and higher than you.
So then,: We say, what is the prohibition? It is a demand for cessation in a manner of superiority. The scholars differed regarding the statement of a Companion: "He forbade." Is it to be understood as the form which is the present tense accompanied by the negative particle "la," or what?
Because some scholars said: It is not like the explicit form, because the saying of the Messenger of Allah (peace and blessings be upon him):: This is an explicit prohibition with no doubt. But the statement of the Companion: , some scholars claimed that this is not explicit in prohibition, because something that is not a prohibition might be understood as a prohibition, unlike when the form itself is transmitted, and he says: "Do not sell." If he said: The Prophet (peace and blessings be upon him) said: "Do not sell," then the matter would be clear and explicit, and the prohibition would be explicit. But if he said: "He forbade," then something that is not a prohibition might be understood as a prohibition. However, this opinion is rejected for two reasons:
The first reason is that the Companions (may Allah be pleased with them) are the most knowledgeable people regarding the meanings of the words of the Messenger of Allah (peace and blessings be upon him), because they lived with him and heard from him. It is known that when a person lives with someone, he knows his speech and the meaning of his speech just as he knows his face. We now, if we read the book of a scholar, and most of us read it frequently, we know his speech as soon as it passes by us, even if it is not attributed to him. Do you not realize this?
The student: Yes.
The Shaykh : When a person reads a lot in a book of the writings of a person, and then something of his speech passes by him, even if it is not attributed to him, he knows that it is his speech. So the Companions (may Allah be pleased with them) are undoubtedly the most knowledgeable people regarding the meanings of the words of the Messenger of Allah (peace and blessings be upon him), so it is not possible for them to imagine something that is not a prohibition as a prohibition. This is very far-fetched.
The second reason is that the Companions are the most scrupulous people in what they transmit from the Prophet (peace and blessings be upon him) and others, so it is not possible for them to be bold and say: "The Messenger of Allah (peace and blessings be upon him) forbade," when he did not forbid. This is impossible. And on this basis, this opinion is refuted. And what we see is that the statement of the Companion: "He forbade," is like his saying: "The Messenger of Allah (peace and blessings be upon him) said: Do not do it," and there is no difference.
And his saying:Sunan Abi Dawud 3367Sahih (Al-Albani): Fruits is the plural of fruit, and what is meant by it is the fruit of the date palm and others, everything that is called fruit, such as dates, grapes, figs, pomegranates, apricots, and others that are called fruits. The Prophet (peace and blessings be upon him) forbade its sale until its ripeness becomes apparent.
And the ripeness of each thing is according to its nature: some of it has ripeness by color, some by taste, some by touch, and some may be by smell. The important point is that the ripeness of each thing is according to its nature, and its ripeness is that its eating becomes pleasant, and it becomes ready for what is benefited from it. This is the ripeness.
And his saying: The seller: The one who offers the dates, and the buyer: The one who takes them. And he (may Allah be pleased with him) specified the seller and the buyer so that it would not be said: The prohibition is specific to the seller, because he is the one who is defrauded, while the buyer is the one who is defrauded. And if the buyer is defrauded, why is he prohibited when he is satisfied with the defrauding?!
The reason for this is that if fruits are sold before ripeness, they are exposed to defects and ailments. If a person waits for their ripeness, ailments may come to them that spoil them. And if he takes them now before ripeness, this is a waste of money. So the harm is in any case greater for the buyer, the purchaser. For this reason he said::
As for the seller, because this contract of his may be a cause for consuming the money of his brother without right. And as for the buyer, because he spends his money on something of no benefit. If he is afflicted with an ailment, he will be harmed and a dispute will arise between him and the seller. So the result is that the prohibition here includes both the seller and the buyer. He says: "Agreed upon, and in a narration:Sahih al-Bukhari 1486":
The ailment: What befalls the fruit of corruption. So in the date palm, for example, it is the "ghabir" and "hashaf" and the change of taste. And likewise in grapes: its ailment is that birds prey on it, and they drain it until its juice goes, and the like of that.
The important point is that it is until the ailment is gone and one is safe from the occurrence of ailments. But what the author mentioned will come to us, if Allah wills. But in any case, the meaning is until its eating becomes pleasant, and it becomes ready for benefiting from it.
Allah's Messenger (ﷺ) forbade the sale of fruits till they appear to ripe, forbidding it both to the seller and to the buyer.
نهى رسول الله صلى الله عليه وسلم عن بيع الثمار حتى يبدو صلاحها ، نهى البائع والمبتاعHe forbade.
نهىand associate nothing with Him
ولا تشركوا به شيئاAnd do not approach unlawful sexual intercourse
ولا تقربوا الزنىdo not deprive people of their due
ولا تبخسوا الناس أشياءهمThe important point is that it is a demand for cessation in a manner of superiority, meaning that the one prohibiting feels that he is higher than the one being prohibited. If it is on the level of equality and parity, it is a request; and if it is from the lower to the higher, it is a supplication. So when Muslims say:
Our Lord, do not impose blame upon us if we have forgotten or erred.
ربنا لا تؤاخذنا إن نسينا أو أخطأناSo then,
He forbade.
نهىBecause some scholars said: It is not like the explicit form, because the saying of the Messenger of Allah (peace and blessings be upon him):
Do not sell the fruits
لا تبيعوا الثمارHe forbade.
نهىThe first reason is that the Companions (may Allah be pleased with them) are the most knowledgeable people regarding the meanings of the words of the Messenger of Allah (peace and blessings be upon him), because they lived with him and heard from him. It is known that when a person lives with someone, he knows his speech and the meaning of his speech just as he knows his face. We now, if we read the book of a scholar, and most of us read it frequently, we know his speech as soon as it passes by us, even if it is not attributed to him. Do you not realize this?
The student: Yes.
The Shaykh : When a person reads a lot in a book of the writings of a person, and then something of his speech passes by him, even if it is not attributed to him, he knows that it is his speech. So the Companions (may Allah be pleased with them) are undoubtedly the most knowledgeable people regarding the meanings of the words of the Messenger of Allah (peace and blessings be upon him), so it is not possible for them to imagine something that is not a prohibition as a prohibition. This is very far-fetched.
The second reason is that the Companions are the most scrupulous people in what they transmit from the Prophet (peace and blessings be upon him) and others, so it is not possible for them to be bold and say: "The Messenger of Allah (peace and blessings be upon him) forbade," when he did not forbid. This is impossible. And on this basis, this opinion is refuted. And what we see is that the statement of the Companion: "He forbade," is like his saying: "The Messenger of Allah (peace and blessings be upon him) said: Do not do it," and there is no difference.
And his saying:
forbade the sale of fruits
نهى عن بيع الثمارAnd the ripeness of each thing is according to its nature: some of it has ripeness by color, some by taste, some by touch, and some may be by smell. The important point is that the ripeness of each thing is according to its nature, and its ripeness is that its eating becomes pleasant, and it becomes ready for what is benefited from it. This is the ripeness.
And his saying:
He forbade the seller and the buyer
نهى البائع والمبتاعThe reason for this is that if fruits are sold before ripeness, they are exposed to defects and ailments. If a person waits for their ripeness, ailments may come to them that spoil them. And if he takes them now before ripeness, this is a waste of money. So the harm is in any case greater for the buyer, the purchaser. For this reason he said:
He forbade the seller and the buyer
نهى البائع والمبتاعAs for the seller, because this contract of his may be a cause for consuming the money of his brother without right. And as for the buyer, because he spends his money on something of no benefit. If he is afflicted with an ailment, he will be harmed and a dispute will arise between him and the seller. So the result is that the prohibition here includes both the seller and the buyer. He says: "Agreed upon, and in a narration:
and when it was asked what it meant, the Prophet (ﷺ) said, "Till there is no danger of blight."
وكان إذا سئل عن صلاحها قال : حتى تذهب عاهتهاThe ailment: What befalls the fruit of corruption. So in the date palm, for example, it is the "ghabir" and "hashaf" and the change of taste. And likewise in grapes: its ailment is that birds prey on it, and they drain it until its juice goes, and the like of that.
The important point is that it is until the ailment is gone and one is safe from the occurrence of ailments. But what the author mentioned will come to us, if Allah wills. But in any case, the meaning is until its eating becomes pleasant, and it becomes ready for benefiting from it.