And prayers and peace be upon our Prophet Muhammad, and upon his family and all his Companions: He said -may Allah have mercy on him-
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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:
He said -may Allah have mercy on him-: "Chapter on the prohibition of a resident selling to a Bedouin, intercepting travelers, selling over the sale of his brother, and proposing marriage over the proposal of his brother, unless he gives permission or it is rejected:
Anas (may Allah be pleased with him) said:Riyad as-Salihin 1775 Agreed upon.
And Ibn 'Umar said: The Messenger of Allah (peace and blessings be upon him) said:Riyad as-Salihin 1776 Agreed upon.
And Ibn 'Abbas (may Allah be pleased with them both) said: The Messenger of Allah (peace and blessings be upon him) said:Riyad as-Salihin 1777, then Tawus asked him: What does it mean that a resident should not sell to a Bedouin? He said: He should not act as his broker, Agreed upon".
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful:
These are three matters for which the author -may Allah have mercy on him- established a chapter in his book *Riyad al-Salihin*:
Among them is: a resident selling to a Bedouin, and among them is: intercepting travelers, and among them is: selling over the sale of his brother:
As for a resident selling to a Bedouin: it is when a person comes from the desert with his sheep or camels or fat or milk or dried cheese to sell in the market, and a person from the town comes to him and says: O so-and-so, I will sell to you. This is not permissible, because the Prophet (peace and blessings be upon him) said:Sahih Muslim 1522a: Let the Bedouin sell, perhaps he wants to sell cheaply because he wants to return to his family. Also, when the Bedouin sells, the custom is that the resident pays the price in cash and does not delay it, because he knows that he is a Bedouin who wants to return, so there is a benefit for the seller, who is the Bedouin, in that he is paid the price in cash, and a benefit for the buyer, which is that it is the norm that the Bedouin sells cheaply because he is in a hurry and does not wait for an increase, , and the scholars -may Allah have mercy on them- used the cause as evidence that if the Bedouin, meaning the one from the desert, comes to the resident and says: O so-and-so, sell this commodity to me, then there is no harm in that, because the Bedouin now knows that if the resident sells to him, the price will generally be higher, and it does not matter to him if he stays a day or two in order to take the price.
But the apparent meaning of the hadith is general, that the resident does not sell to the Bedouin, and that if he comes to him and says: O so-and-so, take my commodity and sell it, he says: No, sell it yourself.
Likewise, the scholars -may Allah have mercy on them- derived from this cause:Sahih Muslim 1522a: that if the price is the same, whether the Bedouin sells or the resident sells, then there is no harm in the resident selling to the Bedouin, because the price will not change. An example of this is if the state has decided on a specific price for this type of commodity that does not increase or decrease, then there is no difference between the resident selling it or the Bedouin selling it; the resident has no profit or benefit in that. So they said: "If the price is known, then there is no harm in the resident selling to the Bedouin".
Some scholars derived from the cause: "That it is necessary that this commodity be something people need": meaning something that people's needs are connected to. As for a thing that people do not need except rarely, there is no harm. But this derivation is weak, and the correct view is that there is no difference between the commodity that people need and the commodity that they do not need except rarely.
The second issue is: intercepting travelers. This is because in the past, it was known that the Bedouins would bring goods, for example, at the beginning of the day on Friday. You would find some people going out of the town to a place near it, then intercepting the travelers and buying from them before they reached the market. This cuts off the livelihood of the townspeople who are waiting for the travelers. Also, the interceptors cheat the travelers by buying from them at less than the market price. So, by intercepting the goods and the travelers, two harms occur:
The first harm is on the townspeople who are waiting for the arrival of the travelers in order to buy from them cheaply.
And the second is the harm to the intercepted travelers, because the one who intercepts them will cheat them and buy from them at less than the market price, and they have not reached the market to know the price. For this reason, the Prophet (peace and blessings be upon him) said:: meaning that if the bringer is intercepted by a person outside the town and he buys from him, then he enters the town and finds that he has been cheated, he has the option to return the sale, because he was deceived and cheated. These are our two issues.
As for the third issue, which is a Muslim selling over the sale of his brother, it is also forbidden, and proposing marriage over the proposal of his brother is forbidden.
Selling over his sale is when he says to the one who bought a commodity for ten: I will sell you the like of it for eight. This is forbidden, because the buyer will try to break the contract in order to take the commodity cheaply.
And likewise, proposing marriage over the proposal of his brother: meaning, for example, if you hear that a man has proposed to a family for their daughter, and you go and propose to them, this is not permissible.
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:
He said -may Allah have mercy on him-: "Chapter on the prohibition of a resident selling to a Bedouin, intercepting travelers, selling over the sale of his brother, and proposing marriage over the proposal of his brother, unless he gives permission or it is rejected:
Anas (may Allah be pleased with him) said:
The Messenger of Allah (ﷺ) forbade that a person in the city should make a deal on behalf of a villager on commission even if he is his real brother.
نهى رسول الله صلى الله عليه وسلم أن يبيع حاضر لباد وإن كان أخاه لأبيه وأمهAnd Ibn 'Umar said: The Messenger of Allah (peace and blessings be upon him) said:
Do not meet the merchandise till they arrive in the market.
لا تتلقوا السلع حتى يُهبط بها إلى الأسواقAnd Ibn 'Abbas (may Allah be pleased with them both) said: The Messenger of Allah (peace and blessings be upon him) said:
The caravans carrying merchandise should not be met on the way to purchase from them; a man in the city should not sell for a man of the desert.
لا تتلقوا الركبان، ولا يبع حاضر لبادThe Shaykh : In the name of Allah, the Most Gracious, the Most Merciful:
These are three matters for which the author -may Allah have mercy on him- established a chapter in his book *Riyad al-Salihin*:
Among them is: a resident selling to a Bedouin, and among them is: intercepting travelers, and among them is: selling over the sale of his brother:
As for a resident selling to a Bedouin: it is when a person comes from the desert with his sheep or camels or fat or milk or dried cheese to sell in the market, and a person from the town comes to him and says: O so-and-so, I will sell to you. This is not permissible, because the Prophet (peace and blessings be upon him) said:
leave the people alone, Allah will give them provision from one another.
دعوا الناس يرزق الله بعضهم من بعضFor this reason, the Prophet (peace and blessings be upon him and his family) prohibited a resident from selling to a Bedouin
ولهذا نهى النبي صلى الله عليه وعلى آله وسلم أن يبيع حاضر لباديBut the apparent meaning of the hadith is general, that the resident does not sell to the Bedouin, and that if he comes to him and says: O so-and-so, take my commodity and sell it, he says: No, sell it yourself.
Likewise, the scholars -may Allah have mercy on them- derived from this cause:
leave the people alone, Allah will give them provision from one another.
دعوا الناس يرزق الله بعضهم من بعضSome scholars derived from the cause: "That it is necessary that this commodity be something people need": meaning something that people's needs are connected to. As for a thing that people do not need except rarely, there is no harm. But this derivation is weak, and the correct view is that there is no difference between the commodity that people need and the commodity that they do not need except rarely.
The second issue is: intercepting travelers. This is because in the past, it was known that the Bedouins would bring goods, for example, at the beginning of the day on Friday. You would find some people going out of the town to a place near it, then intercepting the travelers and buying from them before they reached the market. This cuts off the livelihood of the townspeople who are waiting for the travelers. Also, the interceptors cheat the travelers by buying from them at less than the market price. So, by intercepting the goods and the travelers, two harms occur:
The first harm is on the townspeople who are waiting for the arrival of the travelers in order to buy from them cheaply.
And the second is the harm to the intercepted travelers, because the one who intercepts them will cheat them and buy from them at less than the market price, and they have not reached the market to know the price. For this reason, the Prophet (peace and blessings be upon him) said:
So whoever is intercepted and he buys from him, then he comes to the market, he has the option
فمن تُلقى فاشتري منه فأتى السوق فهو بالخيارAs for the third issue, which is a Muslim selling over the sale of his brother, it is also forbidden, and proposing marriage over the proposal of his brother is forbidden.
Selling over his sale is when he says to the one who bought a commodity for ten: I will sell you the like of it for eight. This is forbidden, because the buyer will try to break the contract in order to take the commodity cheaply.
And likewise, proposing marriage over the proposal of his brother: meaning, for example, if you hear that a man has proposed to a family for their daughter, and you go and propose to them, this is not permissible.