Hadith 3326

حَدَّثَنَا مُسَدَّدٌ ، حَدَّثَنَا أَبُو مُعَاوِيَةَ ، عَنِ الْأَعْمَشِ ، عَنْ أَبِي وَائِلٍ ، عَنْ قَيْسِ بْنِ أَبِي غَرَزَةَ ، قَالَ : " كُنَّا فِي عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نُسَمَّى السَّمَاسِرَةَ ، فَمَرَّ بِنَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَسَمَّانَا بِاسْمٍ هُوَ أَحْسَنُ مِنْهُ ، فَقَالَ : يَا مَعْشَرَ التُّجَّارِ ، إِنَّ الْبَيْعَ يَحْضُرُهُ اللَّغْوُ ، وَالْحَلِفُ ، فَشُوبُوهُ بِالصَّدَقَةِ " .
Narrated Qays ibn Abu Gharazah: In the time of the Messenger of Allah ﷺ we used to be called brokers, but the Prophet ﷺ came upon us one day, and called us by a better name than that, saying: O company of merchants, unprofitable speech and swearing takes place in business dealings, so mix it with sadaqah (alms).
Hadith Reference سنن ابي داود / كتاب البيوع / 3326
Hadith Grading الألبانی: صحيح  |  زبیر علی زئی: حسن, مشكوة المصابيح (2798), رواه الترمذي (1208 وسنده حسن)
Hadith Takhrij « سنن الترمذی/البیوع 4 (1208)، سنن النسائی/الأیمان 21 (3828)، البیوع 7 (4468)، سنن ابن ماجہ/التجارات 3 (2145)، (تحفة الأشراف: 11103)، وقد أخرجہ: مسند احمد (4/6،280) ( حسن صحیح) »
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
That is, giving wealth in charity (sadaqah) serves as an expiation for the aforementioned wrong actions.
As Allah says:
(إِنَّ الْحَسَنَاتِ يُذْهِبْنَ السَّيِّئَاتِ) (Hud: 114) Good deeds erase bad deeds.
During buying and selling, both parties have the right to freely examine, deliberate, and make decisions at their own discretion.
However, generally, shopkeepers, who are more experienced in business dealings,
use lies,
deception,
and flattering speech to influence the buyer’s independent decision.
Even if an oath is true or false, it inclines the other party’s decision.
Sometimes, these tactics used to sell an item become so severe that, according to the Shari‘ah, they are declared unlawful (haram).
And sometimes these tactics are mild and less harmful,
yet they too become a cause of Allah’s displeasure.
Therefore, traders have been commanded to give charity (sadaqah),
so that Allah’s displeasure may be removed.
Further ahead, in Chapter 6, Hadith 3335, the Prophet (sallallahu alayhi wa sallam) has expressed this matter in the following way:
An oath is a means to sell more goods, but it removes the blessing.
(An oath erases the blessing.)
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3326
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
"Samasirah" is the plural of "simsar."
This is a non-Arabic (foreign) word.
Since, at that time in Arabia, non-Arabs engaged in trade more frequently, this word became common for them.
The Prophet Muhammad (sallallahu alayhi wa sallam) preferred for them the word "tujjar" (traders), which is Arabic.
Originally, "simsar" refers to a person who acts as a broker between the seller (ba'iʿ) and the buyer (mushtari).

2:
That is, make up for it by giving charity.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1208
Maulana Ataullah Sajid
Benefits and Issues:

The singular of (سماسرة) is (سِمْسَارٌ).
Muhammad Fuad Abdul Baqi rahimahullah has explained this word as follows:
(هُوَ الْقَیِّمُ بِأَمْرِ الْبَيْعِ وَالُحَافظُ لَهُ) (Hashiyah Sunan Abi Dawud, Buyu‘, Chapter: On Trade Involving Oaths and Idle Talk)
“He is the overseer of buying and selling transactions and the one who safeguards them.”
That is, the one who looks after and manages the commercial dealings of another.
Al-Allamah Ibn Kathir, in “An-Nihayah,” has defined it as follows:
(هُوَ فِي الْبَيْعِ اسْمٌ لَّلَّذِي يَدْخُلُ بَيْنَ الْبَائِعِ وَالْمُشْتَرِي، مُتَوَسِّطاً لِاِمْضَاءِ الْبَيْعِ)
“In buying and selling, this term refers to the person who enters between the seller and the buyer, acting as an intermediary to complete the sale.”


From this hadith, the permissibility of the work of a broker or commission agent is apparent, whereas in Chapter 15 (Hadith: 2175 to 2177), its prohibition is mentioned.
These hadiths can be reconciled in such a way that helping a brother in buying and selling something as an act of goodwill, without commission, is preferable, and taking a wage or commission for this work is disliked.
Imam Bukhari, in his book “As-Sahih,” has titled a chapter as follows:
(BAB: Should a city-dweller sell for a Bedouin without a wage? And should he assist him or advise him?) (Sahih al-Bukhari, Buyu‘, Chapter: 68)
“Can a city-dweller sell on behalf of a Bedouin without taking a wage? Can he help and advise him?” And along with this, he has mentioned the saying of the Prophet sallallahu alayhi wa sallam:
(إِذَا اسْتَنُصَحَ أحَدُکُمْ أخَاہُ فَلْیِنْصَحُ لَہُ)
“When one of you is asked by his brother for advice, he should advise him.”
Under this heading, he has mentioned the hadith of Jarir radi Allahu anhu that he pledged allegiance to the Messenger of Allah sallallahu alayhi wa sallam on the condition of goodwill for every Muslim, along with some other things.
And regarding the hadith of prohibition from Abdullah ibn Abbas radi Allahu anhu, he has explained its meaning as that one should not become a broker. Therefore, Imam Bukhari has titled the next chapter as:
(BAB: Whoever disliked that a city-dweller sell for a Bedouin for a wage)
(Sahih al-Bukhari, Buyu‘, Chapter: 69)
“It is disliked for a city-dweller to sell for a Bedouin for a wage.”
After this, in the Book of Hiring (Kitab al-Ijarah), under the chapter “The Wage of Brokerage (Ajr al-Simsarah),”
it is stated:
Ibn Sirin, Ata, Ibrahim, and Hasan rahimahumullah did not see any harm in the broker’s wage.
And Abdullah ibn Abbas radi Allahu anhu said:
There is no harm in saying:
Sell this cloth, and whatever amount you get above such-and-such, it is yours.
Ibn Sirin said:
Sell this item for such-and-such, whatever profit is made is yours, or it will be divided between me and you; there is no harm in this.
The Prophet sallallahu alayhi wa sallam said:
“Muslims are bound by their conditions.” See: (Sahih al-Bukhari, Ijarah, Chapter: 14)
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2145
Hafiz Muhammad Ameen
(1) Samasirah is the plural of samsar. This is a non-Arabic word. By it is meant those people who sell others’ goods for a wage. Non-Arabs used to engage in trade more, therefore this word began to be used for all traders. The Prophet sallallahu alayhi wa sallam did not like this word and replaced it with “tujjar” (traders).

(2) The purpose of this hadith is not that traders should continue to take false oaths and lie in trade, and then later give some charity. Allah forbid! Rather, Imam sahib rahimahullah has determined the meaning of this hadith: here, what is meant by oath and lying is the utterance of such words unintentionally, and for this reason, the command to give charity was given. Otherwise, selling goods through a false oath is a very great sin, which falls under the rights of people (huquq al-‘ibad). Even charity cannot erase it. However, one should generally continue to give charity, because charity erases sins.

(3) It is recommended (mustahabb) to address someone by a good name.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3828
Hafiz Muhammad Ameen
Imam (rahimahullah) has indicated through this chapter that in any activity besides trade (for example: games, etc.) where there is a possibility of idle talk, commotion, or unnecessary oaths, charity should also be given there. Similarly, a person who utters oaths unintentionally or has a habit of excessive and meaningless conversation should also continue to give charity.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3831
Hafiz Muhammad Ameen
For details, see Hadith: 3828.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4468