Explanation of the Book of Sales-20
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The Shaykh : He says: "From Ibn 'Abbas (may Allah be pleased with him and him), he said: Bulugh al-Maram 7:91":
Arrived in al-Madinah, meaning during the migration. His arrival there was in the thirteenth year after the Prophethood. And you all know the reasons for the migration of the Prophet (peace and blessings be upon him), how he migrated, and that he arrived in Rabi' al-Awwal.
"And they were making forward sales": This clause is a circumstantial clause, meaning: and the state was that the people of al-Madinah were making forward sales in fruits: that is, they were paying in advance. The one who pays in advance is the buyer, and the one to whom it is paid is the seller. This is why it is said: "He made a forward sale in fruits," meaning he paid the price in advance for the fruit he bought. The farmer comes to the man and says: "Make a forward sale to me of dirhams for dates," so he makes a forward sale to him of dirhams for dates. Both parties benefit: the farmer benefits from the dirhams to meet his needs, and the merchant benefits from the increase in the price of the goods. Because if we assume that the fruit is sold at one dirham per sa', he will take the sa' in the forward sale for three-quarters of a dirham, for example, or four-fifths of a dirham. Is that not so?
It is not customary for one to deliver goods for the current price, because people want trade and profit from transactions. For example, it is not possible to deliver one hundred dirhams for one hundred sa' when the sa' is worth one dirham at the time of the forward sale. Why?
Because he has no benefit or profit. Rather, it is possible to deliver seventy-five dirhams for one hundred sa' when the sa' is worth one dirham. Is this possible or not? He profits. He profits by what? Twenty-five percent.
The important point is that the Messenger (peace and blessings be upon him) approved them. He said (peace and blessings be upon him):Sunan al-Bayhaqi 5:620 And in a wording: we have it in dates, I think, dates. Well, the problem is not clear, but there is a narration of the second wording of al-Bukhari: which makes it more general.
Jami` at-Tirmidhi 1311Sahih (Darussalam) Sahih al-Bukhari 2240, : meaning he paid the price in advance. : Is this the thing being sold deferred or not deferred?
The student: Deferred.
The Shaykh : Where is "deferred" taken from? From his saying:.
This lam is for command, and it is the answer to the condition, the answer to "whoever." This clause is the answer to the condition, the answer to "whoever." And this clause was connected with the fa' because it is a request. And it was composed in this verse, which Hasan will read for us. Where is Hasan?
It is a verse explaining when the answer must be connected with the fa'. No, no, it is not a connective. Hmm? I don't mean that.
The student: ... .
The Shaykh : It is only one verse.
The student: "Nominal, requestive, and with a static word *** And with ma, qad, and lan, and with tanfis".
The Shaykh : The House:
"Nominal, requestive, and with a static word *** And with ma, qad, and lan, and with tanfis".
Well, and his saying: This lam is for command, meaning let him pay in advance Sahih Muslim 1604b: so the forward sale is restricted to either measured or weighed. It is clear that fruits are measured, but weight and fruits are not weighed. So what is the answer to this?
Do we say: this indicates that it is permissible to make a forward sale in measured goods by weight? Or did the Messenger (peace and blessings be upon him) intend to generalize by mentioning what people need from measuring, and what may occur from weighed things?
This is a point of disagreement. The hadith is ambiguous, and the disagreement exists among the scholars.
He said:: The term is the deferred period. : meaning not unknown.
And his saying:: Is the condition here attached to his saying: or to both matters, to a term and known?
The student: To both matters.
The Shaykh : Yes, there is also disagreement in this. Some said: this is attached to his saying:: meaning if it is deferred, let it be to a known term.
And some said: the condition is attached to the described thing and the attribute. The described thing is the term, and the attribute is "known."
So according to the first opinion, a forward sale is permissible immediately, and according to the second opinion, it is not permissible.
So this hadith, as you see, contains a concession for Muslims in their transactions, because this forward sale is a type of transaction that has room for the seller and the buyer. So this, or this is one of the countless instances indicating that this Shari'ah is lenient and expansive, and praise be to Allah.
When the Prophet (ﷺ) came to al-Madinah, they were paying one and two years in advance for fruits
قدم النبي صلى الله عليه وسلم المدينة ، وهم يسلفون في الثمارArrived in al-Madinah, meaning during the migration. His arrival there was in the thirteenth year after the Prophethood. And you all know the reasons for the migration of the Prophet (peace and blessings be upon him), how he migrated, and that he arrived in Rabi' al-Awwal.
"And they were making forward sales": This clause is a circumstantial clause, meaning: and the state was that the people of al-Madinah were making forward sales in fruits: that is, they were paying in advance. The one who pays in advance is the buyer, and the one to whom it is paid is the seller. This is why it is said: "He made a forward sale in fruits," meaning he paid the price in advance for the fruit he bought. The farmer comes to the man and says: "Make a forward sale to me of dirhams for dates," so he makes a forward sale to him of dirhams for dates. Both parties benefit: the farmer benefits from the dirhams to meet his needs, and the merchant benefits from the increase in the price of the goods. Because if we assume that the fruit is sold at one dirham per sa', he will take the sa' in the forward sale for three-quarters of a dirham, for example, or four-fifths of a dirham. Is that not so?
It is not customary for one to deliver goods for the current price, because people want trade and profit from transactions. For example, it is not possible to deliver one hundred dirhams for one hundred sa' when the sa' is worth one dirham at the time of the forward sale. Why?
Because he has no benefit or profit. Rather, it is possible to deliver seventy-five dirhams for one hundred sa' when the sa' is worth one dirham. Is this possible or not? He profits. He profits by what? Twenty-five percent.
The important point is that the Messenger (peace and blessings be upon him) approved them. He said (peace and blessings be upon him):
Whoever makes a forward sale in fruits
من أسلف في ثمرin any matter
في شيءNarrated Ibn 'Abbas: "When the Prophet (ﷺ) arrived in Al-Madinah, they were paying in advance for fruits. So he said: 'Whoever pays in advance, then let him pay in advance for known measurements (of dates), and known weights for a specified period of time.'" He said: There are narrations on this topic from Ibn Abi Awfa and 'Abdur-Rahman bin Abza. [Abu 'Eisa said:] The Hadith of Ibn 'Abbas is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge among the Companions of the Prophet (ﷺ) and others. They allow for advanced payments on food, garments and other things in which the limits and description are known. They differed over delay in delivery of animals. Some of the people of knowledge among the Companions of the Prophet (ﷺ) and others thought that delay in delivery of animals is allowed. This is the view of Ash-Shafi'i, Ahmad and Ishaq. Some of the people of knowledge among the Companions of the Prophet (ﷺ) and others, disliked delay in delivery of animals. This is the saying of Sufyan and the people of Al-Kufah. And Abu Al-Minhal's (a narrator) name is 'Abdur-Rahman bin Mut'im.
فليسلف في كيل معلوم ووزن معلوم إلى أجل معلومfor a specified measure at specified weight for a specified period
في كيل معلوم ووزن معلوم إلى أجل معلومWhoever makes a forward sale
من أسلفin any matter
في شيءThe student: Deferred.
The Shaykh : Where is "deferred" taken from? From his saying:
To a term
إلى أجلLet him make it
فليسلفIt is a verse explaining when the answer must be connected with the fa'. No, no, it is not a connective. Hmm? I don't mean that.
The student: ... .
The Shaykh : It is only one verse.
The student: "Nominal, requestive, and with a static word *** And with ma, qad, and lan, and with tanfis".
The Shaykh : The House:
"Nominal, requestive, and with a static word *** And with ma, qad, and lan, and with tanfis".
Well, and his saying:
Let him make it
فليسلفIn a known measure
في كيل معلومfor a specified measure and weight
في كيل معلوم ووزن معلومDo we say: this indicates that it is permissible to make a forward sale in measured goods by weight? Or did the Messenger (peace and blessings be upon him) intend to generalize by mentioning what people need from measuring, and what may occur from weighed things?
This is a point of disagreement. The hadith is ambiguous, and the disagreement exists among the scholars.
He said:
To a known term
إلى أجل معلومIt is known.
معلومAnd his saying:
To a known term
إلى أجل معلومIt is known.
معلومThe student: To both matters.
The Shaykh : Yes, there is also disagreement in this. Some said: this is attached to his saying:
It is known.
معلومAnd some said: the condition is attached to the described thing and the attribute. The described thing is the term, and the attribute is "known."
So according to the first opinion, a forward sale is permissible immediately, and according to the second opinion, it is not permissible.
So this hadith, as you see, contains a concession for Muslims in their transactions, because this forward sale is a type of transaction that has room for the seller and the buyer. So this, or this is one of the countless instances indicating that this Shari'ah is lenient and expansive, and praise be to Allah.