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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Continuation of the explanation of the statement 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:
We have previously discussed several phrases of this hadith narrated by Abu Hurayrah from the Prophet (peace and blessings be upon him), which is his saying (peace and blessings be upon him and his family):
Don't nurse grudge and don't bid him out for raising the price and don't nurse aversion or enmity لا تحاسدوا ، ولا تناجشوا ، ولا تباغضوا ، ولا تدابروا
Sahih Muslim 2564a
. As for the fifth phrase, it is his saying:
do not urge someone to cancel a sale he has already agreed upon ولا يبع بعضكم على بيع بعض
Sunan an-Nasa'i 4496
: “Do not sell on top of the sale of another,” because this leads to hatred, enmity, and animosity.
An example of this is a person selling on top of his brother’s sale: for instance, if someone goes to a person who bought a commodity from another for one hundred, and says, “I will give you the same for eighty.” Or he goes to a person who bought a commodity for one hundred and says, “I will give you the same for eighty, or something better for one hundred.” The buyer then returns and cancels the first contract and makes a contract with the second. In this, there is a clear encroachment on the right of the first seller, and this encroachment necessitates enmity and animosity between Muslims.
Similarly, buying on top of his buying: buying on top of his buying is like going to a person who sold a commodity for one hundred and saying to him, “I will buy it from you for one hundred and twenty.” The seller then goes and cancels the contract and sells to the second. This is also forbidden, because it is the equivalent of selling on top of a sale.
But is this specific to the period of option, or is it general?
The hadith is general; it is not permissible for you to sell on top of your brother’s sale, whether in the period of option or not. Some scholars said: “It is restricted to when it is in the period of option, because when the period of option ends, he is unable to cancel the contract”. An example of this is: a man sold a car to a person for ten thousand riyals and gave him a three-day option. Then a person went to the buyer and said, “I will give you something better for ten thousand riyals.” It is easy for the buyer to go to the seller and say, “I have canceled the contract,” or a person goes to the seller and says, “I heard that you sold your car to so-and-so for ten thousand riyals. I will give you eleven thousand.” He cancels the sale and sells it to the second.
As for if it is after the period has ended, some scholars said: there is no harm, meaning after he sold it and gave him a three-day option and the three days ended, there is no harm in going to the person who bought it and saying, “I will give you the same for less, or something better for the price you bought it for.” They reasoned this by saying that he cannot cancel the sale at that time because the period of option has ended.
But the apparent meaning of the hadith is generality, because even if he cannot cancel the sale because the period of option has ended, he may try to find a way to invalidate the contract, or at least he will regret his purchase and believe that the seller cheated him and played with him. This causes enmity and animosity, and this is with a short period. Yes, that is correct. But if the period is long, there is no harm, because if the period is long, it is often difficult or an excuse for him to cancel the contract.
The conclusion is that we have three cases:
The first case: that the sale or purchase on top of his brother’s is in the period of option. There is no doubt that it is forbidden.
The second: that it is after the end of the period of option by a short time. There is disagreement among scholars, and the correct view is that it is forbidden.
The third case: that it is after a long time, such as a month, two months, or more. Then there is no harm in it, and there is no blame, because people exchange goods among themselves in this manner, and in other manners.
Similarly, leasing on top of his leasing: leasing on top of his leasing is like a person going to another who rented a house from a person for one thousand riyals for the year, and saying to him, “I have a house for you that is better for eight hundred riyals.” This is forbidden, because it is an encroachment like selling on top of his sale.
Similarly: bidding on top of his bid. This came explicitly in what Muslim narrated: “Do not bid on top of your brother’s bid.” Bidding on top of his bid means: if a person bids on a commodity from another, and the owner of the commodity relies on him, and all that remains is the contract, such as if he says, “Sell it to me for one thousand,” and the seller relies on him, but the contract is not completed, meaning he is determined that he will sell to him, then another person comes and says, “I will give you one thousand and one hundred for it.” Then this is not permissible, because the Prophet (peace and blessings be upon him) said:
Do not bid on top of your brother’s bid. لا يسم على سوم أخيه
.
Similarly, in marriage: if a person proposes to another, it is not permissible for anyone to propose on top of his proposal, due to the saying of the Prophet (peace and blessings be upon him and his family):
nor is he to propose to whom his brother has proposed. ولا يخطب على خطبة أخيه
Jami` at-Tirmidhi 1134Sahih (Darussalam)
.
All of this is out of respect for the rights of Muslims over one another. It is not permissible for a person to encroach on the rights of his brothers, whether by sale, purchase, lease, bidding, marriage, or any other rights. And Allah is the One who grants success.
The reader: In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, Lord of the worlds, and may peace and blessings be upon our Prophet Muhammad, and upon his family and all his Companions.
The author (may Allah have mercy on him) quoted: “From Abu Hurayrah (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him) said:
Do not envy one another, do not bid against one another, do not hate one another, do not turn away from one another, do not sell on top of the sale of another, and be the servants of Allah, brothers. A Muslim is the brother of a Muslim; he does not wrong him, nor belittle him, nor leave him in the lurch. Piety is here, and he pointed to his chest three times. It is enough for a person to be in evil that he belittles his Muslim brother. Every Muslim is forbidden to another Muslim his blood, his wealth, and his honor. لا تحاسدوا ، ولا تناجشوا ، ولا تباغضوا ، ولا تدابروا ، ولا يبع بعضكم على بيع بعض ، وكونوا عباد الله إخواناً ، المسلم أخو المسلم لا يظلمه ولا يحقره ولا يخذله ، التقوى هاهنا ويشير إلى صدره ثلاث مرات ، بحسب امرئ من الشر أن يحقر أخاه المسلم ، كلُّ المسلم على المسلم حرام دمه وماله وعرضه
. Narrated by Muslim”
.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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