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سنن ابي داود
Abu Dawud
كتاب الإجارةWages (Kitab Al-Ijarah)
باب فِيمَنْ بَاعَ بَيْعَتَيْنِ فِي بَيْعَةٍChapter: Regarding One Who Does Two Transactions In One.
Hadith 3461
اُردوEn
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ ، عَنْ يَحْيَى بْنِ زَكَرِيَّا ، عَنْ مُحَمَّدِ بْنِ عَمْرٍو ، عَنْ أَبِي سَلَمَةَ ، عَنْ أَبِي هُرَيْرَةَ ، قَالَ : قَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " مَنْ بَاعَ بَيْعَتَيْنِ فِي بَيْعَةٍ فَلَهُ أَوْكَسُهُمَا أَوِ الرِّبَا " .
Narrated Abu Hurairah: The Prophet ﷺ said: If anyone makes two transactions combined in one bargain, he should have the lesser of the two or it will involve usury.
Related hadith on this topic
Brief Explanation
1؎: «بيعتين في بيعة» Engaging in two types of sales within a single transaction for one item, such as when the seller says to the buyer: "This cloth is for one dinar, and this one is for two dinars," and the buyer must choose one of the two. Some have said its example is that the seller says to the buyer: "I have sold you this cloth for ten rupees in cash and for fifteen rupees on credit." Others have said: the seller says to the buyer: "I have sold you my garden on the condition that you sell me your house." However, the second scenario is more appropriate to the content of this hadith, because in two sales for one item, there are two prices—one lower and one higher—and if the lower is not chosen, usury (riba) will necessarily occur. Ibn al-Qayyim has explained the meaning of two sales in one sale as follows: The seller sells an item to the buyer for one hundred rupees on credit, then buys the same item back from the buyer for eighty rupees in cash. Since this sale leads to usury, it is therefore impermissible.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Explanation:
In clarification of this, the esteemed jurists say that if someone says, “The cash price of this item is one hundred rupees, and the credit price is two hundred rupees,” and both parties proceed with the transaction, but do not clearly specify whether it is to be cash or credit, then this will be considered two transactions in one deal. In this, since a single price is not determined, the sale is invalid (fasid).
The second scenario is that someone says, “I sell you this item for one hundred rupees, on the condition that you sell me your such-and-such item for fifty rupees.” This too is two transactions in one deal, and the intention is to acquire the other item at a cheaper price. This contains an element of interest (riba). This scenario, like the one mentioned in the above chapter, is a means of adopting interest (riba) through a legal trick (hila).
Allamah Ibn Athir rahimahullah has also written another form of two transactions in one deal: that one person gives five hundred rupees to another, saying, “Give me a sack of wheat in one month.” But when the time comes, he is unable to provide the wheat, so the other says in advance, “Sell me that sack, and I will give you two sacks after one month.” This is outright interest (riba). Moreover, it is also the sale of a non-existent item (ma’dum), which is not permissible.
It should be noted that in the first scenario, if both parties agree upon a single price and then separate, there is no harm. This sale will be completely valid. The majority of scholars and jurists hold it to be permissible. Therefore, according to these jurists, a difference in price between cash and credit is permissible, and thus business on installments is also permissible.
However, a group of scholars does not consider this permissible. In their view, the difference in price between cash and credit, in light of the words of the hadith (fa lahu awkasuha aw al-riba) (), clearly contains the possibility of riba (interest). Therefore, installment-based business is not free from the suspicion of riba (interest). If this is the case, then it is better to avoid such business in any case. Similarly, purchasing items on installments is also contrary to what is preferable (khilaf awla). And Allah knows best.
Explanation:
In clarification of this, the esteemed jurists say that if someone says, “The cash price of this item is one hundred rupees, and the credit price is two hundred rupees,” and both parties proceed with the transaction, but do not clearly specify whether it is to be cash or credit, then this will be considered two transactions in one deal. In this, since a single price is not determined, the sale is invalid (fasid).
The second scenario is that someone says, “I sell you this item for one hundred rupees, on the condition that you sell me your such-and-such item for fifty rupees.” This too is two transactions in one deal, and the intention is to acquire the other item at a cheaper price. This contains an element of interest (riba). This scenario, like the one mentioned in the above chapter, is a means of adopting interest (riba) through a legal trick (hila).
Allamah Ibn Athir rahimahullah has also written another form of two transactions in one deal: that one person gives five hundred rupees to another, saying, “Give me a sack of wheat in one month.” But when the time comes, he is unable to provide the wheat, so the other says in advance, “Sell me that sack, and I will give you two sacks after one month.” This is outright interest (riba). Moreover, it is also the sale of a non-existent item (ma’dum), which is not permissible.
It should be noted that in the first scenario, if both parties agree upon a single price and then separate, there is no harm. This sale will be completely valid. The majority of scholars and jurists hold it to be permissible. Therefore, according to these jurists, a difference in price between cash and credit is permissible, and thus business on installments is also permissible.
However, a group of scholars does not consider this permissible. In their view, the difference in price between cash and credit, in light of the words of the hadith (fa lahu awkasuha aw al-riba) (), clearly contains the possibility of riba (interest). Therefore, installment-based business is not free from the suspicion of riba (interest). If this is the case, then it is better to avoid such business in any case. Similarly, purchasing items on installments is also contrary to what is preferable (khilaf awla). And Allah knows best.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3461
