The discussion regarding a Muslim selling over the sale of his brother.
Machine translationRead the Arabic original
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. What is the ruling on selling over the sale of a Muslim? Adam?
The questioner : It is not permissible.
The Shaykh : Is it forbidden?
The questioner : Yes, if...
The Shaykh : What is the evidence?
The questioner : The evidence is the saying of the Prophet (peace and blessings be upon him)Sahih Muslim 1412e .
The Shaykh : The evidence is the saying of the Prophet (peace and blessings be upon him)Sunan an-Nasa'i 4496 What is the reasoning?
The questioner : ... .
The Shaykh : Enmity and hatred. Now, is it required in this that it be during the period of option so that one can annul the contract and contract with the second party, or not? Bandar?
The questioner : ... .
The Shaykh : The school of thought is that it is not forbidden except during the period of option, because that is the time when he can annul the first sale and contract with the second. Now, what is the second opinion? Yes.
The questioner : ... .
The Shaykh : Even after the period of option? And can he annul it after the period of option has ended?
The questioner : ... .
The Shaykh : Yes, how? How is it forbidden?
The questioner : ... .
The Shaykh : Regret, enmity, and hatred. Now, perhaps one might resort to a stratagem to find a cause for annulment. Now, which is more correct, O Abdullah Aamer? Which is more correct? There is no god but Allah. We have two opinions here: one that it is not forbidden except during the period of option, and the second that it is forbidden absolutely. This is the stronger position. What makes it the stronger position?
The questioner : ... .
The Shaykh : The generality of the hadithSahih Muslim 1412e And as I said, the cause exists here and there. If he did it and sold over his brother's sale, and the first contract was annulled, is the second contract valid, O Khalid?
The questioner : Annulment of his brother's sale and the first contract was annulled, the sale is not valid...
The Shaykh : It is not valid?
The questioner : The prohibition implies invalidity.
The Shaykh : The second contract is not valid because it is prohibited, and the prohibition implies invalidity. Why does the prohibition imply invalidity, Ali?
The questioner : He (peace and blessings be upon him), when he prohibited this sale, intended not only to urge people, but also to make them desist...
The Shaykh : We want evidence and reasoning?
The questioner : The evidence is that the Prophet (peace and blessings be upon him) saidSahih Muslim 1412e.
The Shaykh : No, the evidence that it becomes invalid?
The questioner : The saying of the Messenger (peace and blessings be upon him)Sahih Muslim 1412e.
The Shaykh : Now, he says...
The questioner : The prohibition... on this.
The Shaykh : Yes, what is the evidence that the prohibition implies invalidity?
The questioner : The saying of the Prophet (peace and blessings be upon him)Sahih Muslim 1718b.
The Shaykh : Yes.
The questioner :Sunan Ibn Majah 2521Sahih (Darussalam) .
The Shaykh :Sunan Ibn Majah 2521Sahih (Darussalam) And in a wording of al-Bukhari Now, this is evidence. What is the reasoning?
The questioner : ... .
The Shaykh : Jamal?
The questioner : If we validated this...
The Shaykh : Say what is in your heart, express it.
The questioner : Our ruling...
The Shaykh : Would be contrary to the ruling of Allah and His Messenger, because the prohibition wants us to stay away from it, so if we validate it, this implies that we would practice it and not care. Now, pay attention to this point because it is important. And whoever sells with riba on credit... The reality is that I think you did not understand this phrase. Yes, perhaps my assumption is wrong, but I do not know. One, two, three, four understood it, but the scholar... Now, we will go over it in a beneficial way, if Allah wills.
The questioner : It is not permissible.
The Shaykh : Is it forbidden?
The questioner : Yes, if...
The Shaykh : What is the evidence?
The questioner : The evidence is the saying of the Prophet (peace and blessings be upon him)
One amongst you should not enter into a transaction when another is bargaining.
لا يبع بعضكم على بيع بعضThe Shaykh : The evidence is the saying of the Prophet (peace and blessings be upon him)
do not urge someone to cancel a sale he has already agreed upon
ولا يبع بعضكم على بيع بعضThe questioner : ... .
The Shaykh : Enmity and hatred. Now, is it required in this that it be during the period of option so that one can annul the contract and contract with the second party, or not? Bandar?
The questioner : ... .
The Shaykh : The school of thought is that it is not forbidden except during the period of option, because that is the time when he can annul the first sale and contract with the second. Now, what is the second opinion? Yes.
The questioner : ... .
The Shaykh : Even after the period of option? And can he annul it after the period of option has ended?
The questioner : ... .
The Shaykh : Yes, how? How is it forbidden?
The questioner : ... .
The Shaykh : Regret, enmity, and hatred. Now, perhaps one might resort to a stratagem to find a cause for annulment. Now, which is more correct, O Abdullah Aamer? Which is more correct? There is no god but Allah. We have two opinions here: one that it is not forbidden except during the period of option, and the second that it is forbidden absolutely. This is the stronger position. What makes it the stronger position?
The questioner : ... .
The Shaykh : The generality of the hadith
One amongst you should not enter into a transaction when another is bargaining.
لا يبع بعضكم على بيع بعضThe questioner : Annulment of his brother's sale and the first contract was annulled, the sale is not valid...
The Shaykh : It is not valid?
The questioner : The prohibition implies invalidity.
The Shaykh : The second contract is not valid because it is prohibited, and the prohibition implies invalidity. Why does the prohibition imply invalidity, Ali?
The questioner : He (peace and blessings be upon him), when he prohibited this sale, intended not only to urge people, but also to make them desist...
The Shaykh : We want evidence and reasoning?
The questioner : The evidence is that the Prophet (peace and blessings be upon him) said
One amongst you should not enter into a transaction when another is bargaining.
لا يبع بعضكم على بيع بعضThe Shaykh : No, the evidence that it becomes invalid?
The questioner : The saying of the Messenger (peace and blessings be upon him)
One amongst you should not enter into a transaction when another is bargaining.
لا يبع بعضكم على بيع بعضThe Shaykh : Now, he says...
The questioner : The prohibition... on this.
The Shaykh : Yes, what is the evidence that the prohibition implies invalidity?
The questioner : The saying of the Prophet (peace and blessings be upon him)
He who did any act for which there is no sanction from our behalf, that is to be rejected.
من عمل عملا ليس عليه أمرنا فهو ردThe Shaykh : Yes.
The questioner :
Every conditions that is not in the Book of Allah (SWT) is invalid, even if there are one hundred conditions.
كل شرط ليس في كتاب الله فهو باطل وإن كان مائة شرطThe Shaykh :
Every conditions that is not in the Book of Allah (SWT) is invalid, even if there are one hundred conditions.
كل شرط ليس في كتاب الله فهو باطل وإن كان مائة شرطA hundred times
مائة مرةThe questioner : ... .
The Shaykh : Jamal?
The questioner : If we validated this...
The Shaykh : Say what is in your heart, express it.
The questioner : Our ruling...
The Shaykh : Would be contrary to the ruling of Allah and His Messenger, because the prohibition wants us to stay away from it, so if we validate it, this implies that we would practice it and not care. Now, pay attention to this point because it is important. And whoever sells with riba on credit... The reality is that I think you did not understand this phrase. Yes, perhaps my assumption is wrong, but I do not know. One, two, three, four understood it, but the scholar... Now, we will go over it in a beneficial way, if Allah wills.