Additional Benefits: (Whoever makes a forward sale in fruit, let him make it in a known measure and a known weight...)
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The Shaykh : Among the benefits of the hadith:
The wisdom of the Shari'ah in prohibiting exchange for the unknown is that exchange for the unknown ultimately leads to disputes that result in enmity and hatred. The Islamic Shari'ah combats anything that causes enmity and hatred among its people, because if there is no love and unity, the community will disperse and tear itself apart.
Among the benefits of the hadith: In al-Bukhari's narration, it is permissible to make a forward sale in anything. This includes making a forward sale in cars and in animals, such as livestock and others, due to the generality of his statement:Sunan Abi Dawud 3468Da'if (Al-Albani).
If someone were to say: The Prophet (peace and blessings be upon him) said:Mishkat al-Masabih 2883, would the generality in his statement: , i.e., "in anything," be restricted to things that are measured or weighed?
So what is the answer?
The answer to this is to say: There is a difference of opinion among the scholars regarding this issue. That is, if a text comes in a general form and then a specific instance is mentioned, is the generality restricted to that specific instance, or is the generality maintained and the mention of the instance treated as an example? Do you understand this rule or not? That is, a text comes in a general form, and then after this generality, a mention is made that pertains to some of the individuals. Is the generality restricted because something indicating it was mentioned, or is the generality maintained and the mention of some individuals is by way of example?
Three examples come to mind now. This is one:Mishkat al-Masabih 2883. If we look at "anything," we find that it encompasses what is measured, what is weighed, what is counted, and what is measured by length. And if we look at Sahih al-Bukhari 2239, we say that it is specific; it is a general term intended for the specific, so it is restricted to what is measured and what is weighed. Is that right, Muhammad?
The second example: The hadith of Jabir (may Allah be pleased with him):Sahih al-Bukhari 2496. This is general for everything that has not been divided, including clothes, cars, and anything else. Sahih al-Bukhari 2214: This ruling is specific to some of the individuals of the generality, which are real estate.
So do we say that the right of pre-emption is specific to real estate, or do we say that it is general, and the mention of what pertains to real estate is by way of example?
There is also a difference of opinion on this:
Some of the scholars say that the right of pre-emption applies to everything, even if there is a car or clothes between you and your partner and he sells it, you have the right of pre-emption.
Some of them restricted it to real estate.
Some of them restricted it to real estate that must be divided.
A third example: Allah the Exalted said:[Al-Baqarah 2:228]:
If we look at the generality in His statement:, we see that it includes both the divorced woman whose divorce is irrevocable and the one whose divorce is revocable.
And if we look at His statement:[Al-Baqarah 2:228], we say that "divorced women" is a general term intended for the specific, which are the women whose divorce is revocable.
Therefore, the scholars differed on whether the divorced woman who is not in a revocable state observes a waiting period of three menstrual cycles or purifies herself with one menstrual cycle?
There are two opinions among the scholars of knowledge:
Some said that she purifies herself with one menstrual cycle. And some said that she must observe a waiting period of three menstrual cycles. Is that clear? Good. And what appears to me is that taking the generality is better, meaning it is more preferable, unless there is a strong indication that it is for the specific.
Based on this, we say: Divorced women observe a waiting period of three menstrual cycles, even if they are divorced irrevocably. And we say: The right of pre-emption applies to everything, in real estate and otherwise.
And we say: The forward sale is valid in everything, what is measured, what is weighed, and others. Do you understand? Good.
In the issue of divorce, a point may be raised to us: that khul' (divorce at the wife's request) does not require a waiting period, but only purification. So what is the answer?
The answer is that khul' has specific rulings. For this reason, it is not counted as divorce. If a man divorced his wife by khul' ten times, she would be lawful for him without another husband. But if he divorced her three times, what happens? She is not lawful for him until after another husband. So khul' has specific rulings, one of which is that the woman who is divorced by khul' observes a waiting period of one menstrual cycle, rather, she purifies herself with one menstrual cycle. Thus, the stronger opinion in the chapter of forward sales is that it is valid in everything. It is valid in everything for a forward sale to be made, but it must be known in description, known in quantity, and for a known term.
If someone were to say: Is a forward sale valid in cars?
The student: Yes.
The Shaykh : It is valid on the condition that they are described in detail. Good. If he says: Is it valid to make a forward sale in a 1990 model?
Good, it varies, yes. We say: The variation is usually slight. And Imam Ahmad (may Allah have mercy on him) said: "Every forward sale varies", because standardizing a forward sale one hundred percent is difficult. Even if you say: I made a forward sale to you in good dates or good wheat, there must be some variation. And we know that these models do not differ greatly. You find, for example, that the radio is different from the first one, this one is round and this one is square, yes, or the keys differ, or the gear, or something like that. In reality, the original is that they are the same. This is actually not considered a significant difference, but they want to run their business so that it can be said to be different. Sometimes they differ only in color and lines. Yes, in any case, the forward sale must be apparent. If you make a forward sale in them and no variation appears between them, the forward sale is valid.
Good, if you make a forward sale in an animal, is it permissible?
The student: It is permissible.
The Shaykh : It is permissible, and the hadith of Abdullah ibn Amr ibn al-As also indicates this in the issue of animals:Sunan Abi Dawud 3357Da'if (Al-Albani). And you must mention their descriptions. You must mention their descriptions. This indicates the permissibility of a forward sale in animals.
The wisdom of the Shari'ah in prohibiting exchange for the unknown is that exchange for the unknown ultimately leads to disputes that result in enmity and hatred. The Islamic Shari'ah combats anything that causes enmity and hatred among its people, because if there is no love and unity, the community will disperse and tear itself apart.
Among the benefits of the hadith: In al-Bukhari's narration, it is permissible to make a forward sale in anything. This includes making a forward sale in cars and in animals, such as livestock and others, due to the generality of his statement:
If anyone pays in advance
من أسلف في شيءIf someone were to say: The Prophet (peace and blessings be upon him) said:
Those who pay in advance for anything must do so for a specified measure and weight
من أسلف في شيء فليسلف في كيل معلوم ووزن معلومin any matter
في شيءSo what is the answer?
The answer to this is to say: There is a difference of opinion among the scholars regarding this issue. That is, if a text comes in a general form and then a specific instance is mentioned, is the generality restricted to that specific instance, or is the generality maintained and the mention of the instance treated as an example? Do you understand this rule or not? That is, a text comes in a general form, and then after this generality, a mention is made that pertains to some of the individuals. Is the generality restricted because something indicating it was mentioned, or is the generality maintained and the mention of some individuals is by way of example?
Three examples come to mind now. This is one:
Those who pay in advance for anything must do so for a specified measure and weight with a specified time fixed.
من أسلف في شيء فليسلف في كيل معلوم ووزن معلوم إلى أجل معلومshould pay it for known specified weight and measure (of the dates).
فليسلف في كيل معلوم ووزن معلومThe second example: The hadith of Jabir (may Allah be pleased with him):
The Prophet (ﷺ) said, "The right of preemption is valid in every joint property
قضى النبي صلى الله عليه وسلم في الشفعة في كل ما لم يقسمbut if the boundaries were well marked or the ways and streets were fixed, then there was no pre-emption.
فإذا وقعت الحدود وصرفت الطرق فلا شفعةSo do we say that the right of pre-emption is specific to real estate, or do we say that it is general, and the mention of what pertains to real estate is by way of example?
There is also a difference of opinion on this:
Some of the scholars say that the right of pre-emption applies to everything, even if there is a car or clothes between you and your partner and he sells it, you have the right of pre-emption.
Some of them restricted it to real estate.
Some of them restricted it to real estate that must be divided.
A third example: Allah the Exalted said:
Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period]
والمطلقات يتربصن بأنفسهن ثلاثة قروء ولا يحل لهن أن يكتمن ما خلق الله في أرحامهن إن كن يؤمن بالله واليوم الآخر وبعولتهن أحق بردهن في ذلكIf we look at the generality in His statement:
And divorced women
والمطلقاتAnd if we look at His statement:
And their husbands have more right to take them back
وبعولتهن أحق بردهنTherefore, the scholars differed on whether the divorced woman who is not in a revocable state observes a waiting period of three menstrual cycles or purifies herself with one menstrual cycle?
There are two opinions among the scholars of knowledge:
Some said that she purifies herself with one menstrual cycle. And some said that she must observe a waiting period of three menstrual cycles. Is that clear? Good. And what appears to me is that taking the generality is better, meaning it is more preferable, unless there is a strong indication that it is for the specific.
Based on this, we say: Divorced women observe a waiting period of three menstrual cycles, even if they are divorced irrevocably. And we say: The right of pre-emption applies to everything, in real estate and otherwise.
And we say: The forward sale is valid in everything, what is measured, what is weighed, and others. Do you understand? Good.
In the issue of divorce, a point may be raised to us: that khul' (divorce at the wife's request) does not require a waiting period, but only purification. So what is the answer?
The answer is that khul' has specific rulings. For this reason, it is not counted as divorce. If a man divorced his wife by khul' ten times, she would be lawful for him without another husband. But if he divorced her three times, what happens? She is not lawful for him until after another husband. So khul' has specific rulings, one of which is that the woman who is divorced by khul' observes a waiting period of one menstrual cycle, rather, she purifies herself with one menstrual cycle. Thus, the stronger opinion in the chapter of forward sales is that it is valid in everything. It is valid in everything for a forward sale to be made, but it must be known in description, known in quantity, and for a known term.
If someone were to say: Is a forward sale valid in cars?
The student: Yes.
The Shaykh : It is valid on the condition that they are described in detail. Good. If he says: Is it valid to make a forward sale in a 1990 model?
Good, it varies, yes. We say: The variation is usually slight. And Imam Ahmad (may Allah have mercy on him) said: "Every forward sale varies", because standardizing a forward sale one hundred percent is difficult. Even if you say: I made a forward sale to you in good dates or good wheat, there must be some variation. And we know that these models do not differ greatly. You find, for example, that the radio is different from the first one, this one is round and this one is square, yes, or the keys differ, or the gear, or something like that. In reality, the original is that they are the same. This is actually not considered a significant difference, but they want to run their business so that it can be said to be different. Sometimes they differ only in color and lines. Yes, in any case, the forward sale must be apparent. If you make a forward sale in them and no variation appears between them, the forward sale is valid.
Good, if you make a forward sale in an animal, is it permissible?
The student: It is permissible.
The Shaykh : It is permissible, and the hadith of Abdullah ibn Amr ibn al-As also indicates this in the issue of animals:
