Explanation of the words of Imam al-Nawawi (may Allah have mercy on him) regarding what he quoted: "
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful:
The author (may Allah have mercy on him) stated, regarding what was quoted from Hakim ibn Hizam (may Allah be pleased with him), that the Prophet (peace and blessings be upon him) said:Sahih Muslim 1532a “The two sellers” means the seller and the buyer, but the name “sellers” was applied to both by way of predominance, just as “the two moons” is said for the sun and the moon, and “the two 'Umar” is said for Abu Bakr and 'Umar. So “the two sellers” means the seller and the buyer. means that each of them chooses what he wants. If the seller wishes, he can annul the sale, and if the buyer wishes, he can annul the sale.
This is from the grace of Allah (Glorified and Exalted is He) and His expansion of mercy upon the servants, because when a person has a commodity in the possession of another, it becomes valuable in his own estimation, and he loves to obtain it by any means. Once he obtains it, his desire for it may wane because he has secured it. So the Lawgiver gave him the option so that he may reflect and proceed with deliberation and consideration. As long as the two men, the seller and the buyer, have not separated, they have the option, even if they remain for ten hours. If he sold him the commodity at the beginning of the day and they remained together until midday, they have the option, because the Prophet (peace and blessings be upon him) said: In the hadith of Ibn 'Umar: Sahih al-Bukhari 2112
Or they may both agree to trade without any option, saying: “There is no option between us.” So the scenarios are now four:
Either the option is established for both, which is in the absolute sale that has no condition. In this case, the option belongs to both the seller and the buyer; each of them has the right to annul the contract.
Or they may trade on the condition that neither has an option. In that case, the sale is binding immediately upon the contract, and neither has an option.
Or they may trade on the condition that the option belongs to the seller alone, not the buyer. In this case, the option belongs to the seller, and the buyer has no option.
Or they may trade on the condition that the option belongs to the buyer, and the seller has no option. In that case, the option belongs to the buyer, and the seller has no option. This is because this right, the option for the seller and the buyer, is a right belonging to them. If one of them agrees to waive it, or if one agrees while the other does not, the right belongs to them and does not extend beyond them. The Prophet (peace and blessings be upon him) said: And the statement of the Prophet (peace and blessings be upon him): did not specify the separation, but the intended meaning is separation of the bodies, meaning as long as one has not parted from the other. If they separate, the option is void and the sale is binding. The Prophet (peace and blessings be upon him) said: Sahih Muslim 1532a This is the evidence for the hadith of the chapter, because the chapter is the chapter of truthfulness: Sahih Muslim 1532a If they are truthful in anything and disclose anything. If they are truthful in what they describe the commodity with from desirable attributes, and disclose what they describe the commodity with from disliked, detested attributes. For example: if he sells him this car and says, “This car is new, model such-and-such, clean, and has such-and-such,” praising it with what it does not have, we say: this is a lie; he lied in what he said. And if he sells him the car and it has a defect and he does not inform him of the defect, we say: this is concealment, and he did not disclose. The blessing is in truthfulness and disclosure. The difference between truthfulness and disclosure is that truthfulness is regarding what is desirable among the attributes, and disclosure is regarding what is disliked among the attributes.
Concealing a defect is the opposite of disclosure, and describing the commodity with what it does not have is the opposite of what? The opposite of truthfulness. Similarly, for example, he sells him a sheep and says: “This sheep has a lot of milk, it has such-and-such milk,” and he is lying. This is the opposite of truthfulness because he described the commodity with desirable, wanted attributes. He sells him a sheep and it has a disease, a disease that is not obvious, but he concealed it. We say: this is not disclosure. So disclosure is for the disliked attributes, and truthfulness is for the desired attributes. If he describes it with what it does not have from the desired attributes, then he has lied and not been truthful. If he conceals what it has from the disliked attributes, then this is concealment and not disclosure.
Among this is what some people do now, may Allah grant us safety. They put the good of the money on top and the bad at the bottom. This is not disclosure. Rather, we say: he did not disclose, and he did not tell the truth either. He did not disclose because he did not disclose the defective dates, and he did not tell the truth because he displayed the dates in a good appearance when they are not so.
Among this is what some of those who sell cars do. They sell them in the showrooms, and the seller knows with certainty that there is a defect in it, but he conceals it. He says to the buyer: “Be patient with every defect in it,” so the buyer is patient. But if he specifies the defect for him, he says: “You see the such-and-such defect in it; I would not have bought it.” Rather, they deceive people and say: “I sold it to you; you see every defect in it; I did not sell you anything but the tires and the light bulbs,” and he is lying. He knows that there is a defect but does not inform him. This is forbidden, not for the broker who is the owner of the showroom, nor for the owner of the car. It is obligatory that he disclose and say: “There is the such-and-such defect; are you satisfied or not?” But if a person does not know about it, such as a car he bought from a relative and does not know about its defects, then there is nothing wrong with him selling it and stipulating that he is free from every defect. And success is from Allah.
The author (may Allah have mercy on him) stated, regarding what was quoted from Hakim ibn Hizam (may Allah be pleased with him), that the Prophet (peace and blessings be upon him) said:
Both parties in a business transaction have the right to annul it so long as they have not separated; and if they speak the truth and make everything clear they will be blessed in their transaction; but if they tell a lie and conceal anything the blessing on their transaction will be blotted out.
البيعان بالخيار ما لم يتفرقا ، فإن صدقا وبينا بورك لهما في بيعها وإن كذبا وكتما مُحقت بركة بيعهماhave the option
بالخيارas long as they have not separated
ما لم يتفرقاThis is from the grace of Allah (Glorified and Exalted is He) and His expansion of mercy upon the servants, because when a person has a commodity in the possession of another, it becomes valuable in his own estimation, and he loves to obtain it by any means. Once he obtains it, his desire for it may wane because he has secured it. So the Lawgiver gave him the option so that he may reflect and proceed with deliberation and consideration. As long as the two men, the seller and the buyer, have not separated, they have the option, even if they remain for ten hours. If he sold him the commodity at the beginning of the day and they remained together until midday, they have the option, because the Prophet (peace and blessings be upon him) said:
as long as they have not separated
ما لم يتفرقاor one of them gives the other the option
أو يخير أحدهما الآخرOr they may both agree to trade without any option, saying: “There is no option between us.” So the scenarios are now four:
Either the option is established for both, which is in the absolute sale that has no condition. In this case, the option belongs to both the seller and the buyer; each of them has the right to annul the contract.
Or they may trade on the condition that neither has an option. In that case, the sale is binding immediately upon the contract, and neither has an option.
Or they may trade on the condition that the option belongs to the seller alone, not the buyer. In this case, the option belongs to the seller, and the buyer has no option.
Or they may trade on the condition that the option belongs to the buyer, and the seller has no option. In that case, the option belongs to the buyer, and the seller has no option. This is because this right, the option for the seller and the buyer, is a right belonging to them. If one of them agrees to waive it, or if one agrees while the other does not, the right belongs to them and does not extend beyond them. The Prophet (peace and blessings be upon him) said:
Muslims are bound by their conditions, except a condition that makes lawful what is forbidden or makes forbidden what is lawful
المسلمون على شروطهم إلا شرطا أحل حراما أو حرم حلالاas long as they have not separated
ما لم يتفرقاand if they speak the truth and make everything clear they will be blessed in their transaction
فإن صدقا وبينا بورك لهما في بيعهماand if they speak the truth and make everything clear they will be blessed in their transaction
إن صدقا وبينا بورك لهما في بيعهماConcealing a defect is the opposite of disclosure, and describing the commodity with what it does not have is the opposite of what? The opposite of truthfulness. Similarly, for example, he sells him a sheep and says: “This sheep has a lot of milk, it has such-and-such milk,” and he is lying. This is the opposite of truthfulness because he described the commodity with desirable, wanted attributes. He sells him a sheep and it has a disease, a disease that is not obvious, but he concealed it. We say: this is not disclosure. So disclosure is for the disliked attributes, and truthfulness is for the desired attributes. If he describes it with what it does not have from the desired attributes, then he has lied and not been truthful. If he conceals what it has from the disliked attributes, then this is concealment and not disclosure.
Among this is what some people do now, may Allah grant us safety. They put the good of the money on top and the bad at the bottom. This is not disclosure. Rather, we say: he did not disclose, and he did not tell the truth either. He did not disclose because he did not disclose the defective dates, and he did not tell the truth because he displayed the dates in a good appearance when they are not so.
Among this is what some of those who sell cars do. They sell them in the showrooms, and the seller knows with certainty that there is a defect in it, but he conceals it. He says to the buyer: “Be patient with every defect in it,” so the buyer is patient. But if he specifies the defect for him, he says: “You see the such-and-such defect in it; I would not have bought it.” Rather, they deceive people and say: “I sold it to you; you see every defect in it; I did not sell you anything but the tires and the light bulbs,” and he is lying. He knows that there is a defect but does not inform him. This is forbidden, not for the broker who is the owner of the showroom, nor for the owner of the car. It is obligatory that he disclose and say: “There is the such-and-such defect; are you satisfied or not?” But if a person does not know about it, such as a car he bought from a relative and does not know about its defects, then there is nothing wrong with him selling it and stipulating that he is free from every defect. And success is from Allah.