سنن ابي داود
Abu Dawud
كتاب البيوعCommercial Transactions (Kitab Al-Buyu)
باب فِي بَيْعِ الْمُضْطَرِّChapter: Regarding Forced Sales.
Hadith 3382
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ عِيسَى ، حَدَّثَنَا هُشَيْمٌ ، أَخْبَرَنَا صَالِحُ أَبُو عَامِرٍ ، قَالَ أَبُو دَاوُد : كَذَا ، قَالَ مُحَمَّدٌ ، حَدَّثَنَا شَيْخٌ مِنْ بَنِي تَمِيمٍ ، قَالَ : خَطَبَنَا عَلِيُّ بْنُ أَبِي طَالِبٍ ، أَوْ قَالَ : قَالَ عَلِيٌّ : قَالَ ابْنُ عِيسَى : هَكَذَا حَدَّثَنَا هُشَيْمٌ ، قَالَ : " سَيَأْتِي عَلَى النَّاسِ زَمَانٌ عَضُوضٌ يَعَضُّ الْمُوسِرُ عَلَى مَا فِي يَدَيْهِ ، وَلَمْ يُؤْمَرْ بِذَلِكَ ، قَالَ اللَّهُ تَعَالَى وَلا تَنْسَوُا الْفَضْلَ بَيْنَكُمْ سورة البقرة آية 237 وَيُبَايِعُ الْمُضْطَرُّونَ ، وَقَدْ نَهَى النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعِ الْمُضْطَرِّ ، وَبَيْعِ الْغَرَرِ ، وَبَيْعِ الثَّمَرَةِ ، قَبْلَ أَنْ تُدْرِكَ " .
Narrated Ali ibn Abu Talib: A time is certainly coming to mankind when people will bite each other and a rich man will hold fast, what he has in his possession (i. e. his property), though he was not commanded for that. Allah, Most High, said: "And do not forget liberality between yourselves. " The men who are forced will contract sale while the Prophet ﷺ forbade forced contract, one which involves some uncertainty, and the sale of fruit before it is ripe.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
This narration is weak in its chain of transmission.
However, a forced sale (mujburi ki bai‘) is of two types.
➊ If an oppressor compels someone through coercion and force to sell his property, then this sale is invalid (fasid).
➋ If a person is in debt and, in order to repay the debt, is compelled to sell his essential items at a loss (for a low price), then this sale does take place.
However, it is against Islamic etiquette to purchase such items at a low price in this manner.
The debtor should be granted respite.
And as much as possible, cooperation should be extended to him.
As has been mentioned in Surah al-Baqarah, verse number 237 ().
However, if the debtor sells items that are surplus to his needs, then there is no harm in this. Similarly, it is not permissible in an absolute sense to compel people at war (harbi) to sell their belongings; however, if the intention is to punish them, then one form of punishment could be to order them to sell their possessions and leave, just as was done in the case of Banu Nadir.
This narration is weak in its chain of transmission.
However, a forced sale (mujburi ki bai‘) is of two types.
➊ If an oppressor compels someone through coercion and force to sell his property, then this sale is invalid (fasid).
➋ If a person is in debt and, in order to repay the debt, is compelled to sell his essential items at a loss (for a low price), then this sale does take place.
However, it is against Islamic etiquette to purchase such items at a low price in this manner.
The debtor should be granted respite.
And as much as possible, cooperation should be extended to him.
As has been mentioned in Surah al-Baqarah, verse number 237 ().
However, if the debtor sells items that are surplus to his needs, then there is no harm in this. Similarly, it is not permissible in an absolute sense to compel people at war (harbi) to sell their belongings; however, if the intention is to punish them, then one form of punishment could be to order them to sell their possessions and leave, just as was done in the case of Banu Nadir.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3382
