سنن ابي داود
Abu Dawud
كتاب البيوعCommercial Transactions (Kitab Al-Buyu)
باب فِي بَيْعِ الْغَرَرِChapter: Regarding Transactions Involving Ambiguity.
Hadith 3378
اُردوEn
حَدَّثَنَا الْحَسَنُ بْنُ عَلِيٍّ ، حَدَّثَنَا عَبْدُ الرَّزَّاقِ ، أَخْبَرَنَا مَعْمَرٌ ، عَنِ الزُّهْرِيِّ ، عَنْ عَطَاءِ بْنِ يَزِيدَ اللَّيْثِيِّ ، عَنْ أَبِي سَعِيدٍ الْخُدْرِيِّ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، بِهَذَا الْحَدِيثِ زَادَ وَاشْتِمَالُ الصَّمَّاءِ ، أَنْ يَشْتَمِلَ فِي ثَوْبٍ وَاحِدٍ يَضَعُ طَرَفَيِ الثَّوْبِ عَلَى عَاتِقِهِ الْأَيْسَرِ ، وَيُبْرِزُ شِقَّهُ الْأَيْمَنَ ، وَالْمُنَابَذَةُ أَنْ يَقُولَ : إِذَا نَبَذْتُ إِلَيْكَ هَذَا الثَّوْبَ فَقَدْ وَجَبَ الْبَيْعُ ، وَالْمُلَامَسَةُ أَنْ يَمَسَّهُ بِيَدِهِ ، وَلَا يَنْشُرُهُ ، وَلَا يُقَلِّبُهُ ، فَإِذَا مَسَّهُ وَجَبَ الْبَيْعُ .
The tradition mentioned above has also been reported by Abu Saeed al-Khudri from the Prophet ﷺ through a different chain of narrators. This version adds: "Wearing the Samma means that a man puts his garment over his left shoulder and keeps his right side uncovered. Munabadhah means that a man says (to another): If I throw this garment to you, the sale will be certain. Mulamasah means that a man touches it (another's garment) with his hand and neither he unfolds it nor turns it over. When he touched it, the sale becomes binding.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
The second meaning of (ishtimal as-samma’) is that a person wraps himself from head to toe in a single garment,
and no hand or foot remains outside of it.
In such a case, harm may occur in any haste.
It is possible that he may fall and not be able to steady himself,
or he may not be able to defend himself from insects or the like, etc.
➋
One form of bay‘ munabadha is that both parties throw their respective items towards each other for exchange, and neither has the right to inspect, examine, or consider the items.
➌
One meaning of bay‘ mulamasa is that the sale is considered finalized merely by touching the item.
Or, the transaction takes place in the dark, and by touching, the sale becomes binding, and the person is unable to inspect or examine the item.
In short, Islam has prohibited those matters in which there is a possibility of deception and fraud.
➊
The second meaning of (ishtimal as-samma’) is that a person wraps himself from head to toe in a single garment,
and no hand or foot remains outside of it.
In such a case, harm may occur in any haste.
It is possible that he may fall and not be able to steady himself,
or he may not be able to defend himself from insects or the like, etc.
➋
One form of bay‘ munabadha is that both parties throw their respective items towards each other for exchange, and neither has the right to inspect, examine, or consider the items.
➌
One meaning of bay‘ mulamasa is that the sale is considered finalized merely by touching the item.
Or, the transaction takes place in the dark, and by touching, the sale becomes binding, and the person is unable to inspect or examine the item.
In short, Islam has prohibited those matters in which there is a possibility of deception and fraud.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3378
