Explanation of the author's statement: "And it is forbidden to sell over the sale of his brother, as if he were to say to one who bought a commodity for ten, 'I will give you the like of it for nine.'"
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The Shaykh : And we begin now with the new lesson. He (may Allah have mercy on him) says: "And it is forbidden to sell over the sale of his brother". It is forbidden for a person to sell over the sale of his brother, because the Prophet (peace and blessings be upon him) said: Sahih Muslim 1412e And because that is an aggression upon his brother, and because it leads to enmity, hatred, and severing of ties. So we have now an evidentiary proof and a theoretical proof. The evidentiary proof is the prohibition by the Prophet (peace and blessings be upon him) of selling over the sale of one's brother. The theoretical proof is that it is an aggression upon his brother, an aggression upon his right. Second, it leads to enmity and hatred between Muslims. And whatever leads to enmity and hatred between Muslims is forbidden. This is a general rule, based on His saying, the Exalted, in explaining the prohibition of intoxicants and gambling: [Al-Ma'idah 5:91] So whatever leads to enmity and hatred between Muslims is forbidden, because this religion is a religion of unity and a religion of brotherhood and love. Until the Messenger (may Allah send prayers and blessings upon him) said: Sahih al-Bukhari 13 So how do you commit aggression against your brother? Likewise, it is also forbidden to buy over his buying, based on the saying of the Prophet (peace and blessings be upon him): Sahih Muslim 1412e And buying is a type of selling, and because of the aggression it contains against his brother, and because of the enmity and hatred it creates.
As for the form of the issue, he mentioned it in the issue of selling. Yes, before. And his saying: "over the sale of his brother", does he mean his brother by blood? No. His brother by breastfeeding? His brother in religion? Yes, his brother in religion. And it is known from his wording that it is permissible to sell over the sale of a disbeliever, even if he has a treaty and is a protected non-Muslim, because he is not his brother. And the Prophet (may Allah send prayers and blessings upon him) said: And the disbeliever is not a brother. The people of the Zahir school held this view, saying: "The apparent meaning of the text does not forbid selling except over the sale of a Muslim." But the second opinion in the issue is that it is forbidden to sell over the sale of a protected person, whether he is a Muslim or a protected non-Muslim, because aggression against a protected non-Muslim is forbidden and not lawful, as he is protected in his blood, honor, and wealth. The Prophet (peace and blessings be upon him and his family) restricted that to "the brother" based on the most common case, or for the sake of the phrase "your brother," without addressing the other case. Yes. The example he gave: "As if he were to say to one who bought a commodity for ten, 'I will give you the like of it for nine.'" Is this selling over a sale, or buying over a buying?
The questioner : Selling over a sale.
The Shaykh : To one who bought, he says, to one who bought a commodity for ten, "I will give you the like of it for nine."
The questioner : Selling over a sale.
The Shaykh : Is this selling over a sale?
The questioner : Yes.
The Shaykh : Yes, correct, yes. The example: Zayd bought a car from 'Amr for ten thousand, so a man went to Zayd and said to him, "I will give you the like of it for nine," or "I will give you a better one for ten." This is selling over the sale of a Muslim, and it is not lawful. If he said, "I will give you the like of it for ten," is this selling over the sale of a Muslim?
The questioner : No.
The Shaykh : The apparent wording of the author is no, because he did not increase it in quantity or quality. But it may be said that it is selling over the sale of a Muslim due to the generality of the hadith. The hadith is general, and because this buyer may leave the first sale, because this person—as you have established—is close to him, or a companion of his, or someone he favors, or something similar. The correct view is the generality, meaning whether he increased it in quantity or quality, or did not increase it, even with an equal price, it is not permissible due to the generality of the hadith, and because he may leave the sale out of favor for the one who offered it, or otherwise.
One amongst you should not enter into a transaction when another is bargaining.
لا يبع بعضكم على بيع بعضSatan only wants to cause between you animosity and hatred through intoxicants and gambling
إنما يريد الشيطان أن يوقع بينكم العداوة والبغضاء في الخمر والميسرNone of you will have faith till he wishes for his (Muslim) brother what he likes for himself.
لا يؤمن أحدكم حتى يحب لأخيه ما يحب لنفسهOne amongst you should not enter into a transaction when another is bargaining.
لا يبع بعضكم على بيع بعضكمAs for the form of the issue, he mentioned it in the issue of selling. Yes, before. And his saying: "over the sale of his brother", does he mean his brother by blood? No. His brother by breastfeeding? His brother in religion? Yes, his brother in religion. And it is known from his wording that it is permissible to sell over the sale of a disbeliever, even if he has a treaty and is a protected non-Muslim, because he is not his brother. And the Prophet (may Allah send prayers and blessings upon him) said:
on the sale of his brother
على بيع أخيهThe questioner : Selling over a sale.
The Shaykh : To one who bought, he says, to one who bought a commodity for ten, "I will give you the like of it for nine."
The questioner : Selling over a sale.
The Shaykh : Is this selling over a sale?
The questioner : Yes.
The Shaykh : Yes, correct, yes. The example: Zayd bought a car from 'Amr for ten thousand, so a man went to Zayd and said to him, "I will give you the like of it for nine," or "I will give you a better one for ten." This is selling over the sale of a Muslim, and it is not lawful. If he said, "I will give you the like of it for ten," is this selling over the sale of a Muslim?
The questioner : No.
The Shaykh : The apparent wording of the author is no, because he did not increase it in quantity or quality. But it may be said that it is selling over the sale of a Muslim due to the generality of the hadith. The hadith is general, and because this buyer may leave the first sale, because this person—as you have established—is close to him, or a companion of his, or someone he favors, or something similar. The correct view is the generality, meaning whether he increased it in quantity or quality, or did not increase it, even with an equal price, it is not permissible due to the generality of the hadith, and because he may leave the sale out of favor for the one who offered it, or otherwise.