Benefits of the Hadith: (That the Prophet (peace and blessings be upon him) forbade selling grapes until they turn black, and selling grain until it hardens . . . ).
Machine translationRead the Arabic original
The Shaykh : And among the benefits of this hadith is the permissibility of selling grain on the stalk, based on his saying: . The aspect of the evidence is that what comes after the limit is contrary to what comes before it, when the speech is in the context of negation. If the speech is a negation or a prohibition and "until" is used, then what follows it is contrary to what precedes it. So his saying: : Thus, after it hardens, it becomes permissible. Here is a question: How is it permissible to sell grain on the stalk when it is hidden and unknown, and the stalks in the middle of the crop are also unknown? Because, as you can see, some of the crops are tall and their stalks have appeared, while some are low and their stalks are not visible. How is it valid to sell it when it is unknown? It is unknown in two ways: First, because it is wrapped in the husk, and second, because the stalks are not all visible in the usual case.
The student: We seek the people of expertise in that.
The Shaykh : Thus, if we want to buy a crop, we seek the people of expertise!
The student: And it has become the custom of people to sell grain in this manner, even in the time of the Prophet (peace and blessings be upon him).
The Shaykh : This is the word of the Messenger.
The student: If we took out the grain, we would not be able to.
Another student: If we took some of it, the rest would be measured by it.
The Shaykh : Yes, good.
The student: ... .
The Shaykh : He forbade what? Selling gharar (excessive uncertainty in a contract), meaning? What is the aspect of its exception? It is an exception, but what is the aspect of its exception? Do you have something?
The student: Crops.
The Shaykh : Meaning, the need calls for it. If people were obligated not to sell except after taking out the grain, that would be a severe hardship. Also, perhaps if we took out the grain and we want to store it, the grain would spoil, because when the grain is taken out of its husk, it becomes exposed to spoilage, and if it remains in its husk, it is safer for it. For this reason, Yusuf (peace be upon him) said to the one who related the dream to him:[Yusuf 12:47] Why?
Because its remaining in the stalk preserves it. For this reason, it is said: If the grain remains in the stalk, the weevil can never enter it, and if it is taken out, the weevil will reach it.
Thus, we say: The wisdom in the exception of that is that this is something that the need calls for, and it is difficult to reach certainty in it, so the estimate runs the course of certainty due to the need for it. Yes.
until it hardens
حتى يشتدهDo not sell it until it hardens
لا تبيعوه حتى يشتدThe student: We seek the people of expertise in that.
The Shaykh : Thus, if we want to buy a crop, we seek the people of expertise!
The student: And it has become the custom of people to sell grain in this manner, even in the time of the Prophet (peace and blessings be upon him).
The Shaykh : This is the word of the Messenger.
The student: If we took out the grain, we would not be able to.
Another student: If we took some of it, the rest would be measured by it.
The Shaykh : Yes, good.
The student: ... .
The Shaykh : He forbade what? Selling gharar (excessive uncertainty in a contract), meaning? What is the aspect of its exception? It is an exception, but what is the aspect of its exception? Do you have something?
The student: Crops.
The Shaykh : Meaning, the need calls for it. If people were obligated not to sell except after taking out the grain, that would be a severe hardship. Also, perhaps if we took out the grain and we want to store it, the grain would spoil, because when the grain is taken out of its husk, it becomes exposed to spoilage, and if it remains in its husk, it is safer for it. For this reason, Yusuf (peace be upon him) said to the one who related the dream to him:
and what you harvest leave in its spikes, except a little from which you will eat.
فما حصدتم فذروه في سنبله إلا قليلاً مما تأكلونBecause its remaining in the stalk preserves it. For this reason, it is said: If the grain remains in the stalk, the weevil can never enter it, and if it is taken out, the weevil will reach it.
Thus, we say: The wisdom in the exception of that is that this is something that the need calls for, and it is difficult to reach certainty in it, so the estimate runs the course of certainty due to the need for it. Yes.