Hadith 2117

حَدَّثَنَا عَبْدُ اللَّهِ بْنُ يُوسُفَ ، أَخْبَرَنَا مَالِكٌ ، عَنْ عَبْدِ اللَّهِ بْنِ دِينَارٍ ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ رَضِيَ اللَّهُ عَنْهُ ، أَنَّ رَجُلًا ذَكَرَ لِلنَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ ، وَسَلَّمَ أَنَّهُ يُخْدَعُ فِي الْبُيُوعِ ، فَقَالَ : " إِذَا بَايَعْتَ ، فَقُلْ : لَا خِلَابَةَ " .
Narrated `Abdullah bin `Umar: A person came to the Prophet and told him that he was always betrayed in purchasing. The Prophet told him to say at the time of buying, "No cheating."
Hadith Reference صحيح البخاري / كتاب البيوع / 2117
Hadith Grading محدثین: أحاديث صحيح البخاريّ كلّها صحيحة
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
In the narration of Bayhaqi, it is further mentioned: "And whatever you purchase, you will have the option (of returning it) for three days."
Imam Ahmad rahimahullah has derived from this hadith the ruling that if a person does not know the price of goods, and he pays one-third more or one-sixth more than the actual price, then he can return the goods to the seller. The Hanafis and Shafi'is have rejected this view.
This (narrator) is Habban bin Munqidh radi Allahu anhu, a Companion, who suffered a head injury in the Battle of Uhud, due to which his intellect was affected.
(Wahidi)
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2117
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
This person was Hazrat Hibban bin Unqadh radi Allahu anhu.
During battle, a stone struck his head, which affected both his speech and his intellect.
Because of this, he would often incur losses when buying and selling.
When he complained, the Messenger of Allah sallallahu alayhi wa sallam said:
“When you buy something, make it a condition with the seller that there should be no deception in it.”
Because the religion is the name of goodwill.
(2)
From this hadith, it is understood that deception and fraud in buying and selling are forbidden.
In one narration, there is this addition:
“When you buy something, you will have the option (to cancel the sale) for three days.”
(al-Sunan al-Kubra lil-Bayhaqi: 5/273)
This means that by using such words, the buyer is given the right to annul the sale.
(Fath al-Bari: 4/427)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2117
Maulana Dawood Raz
Hadith Commentary:
In one narration, it is further mentioned: "And I have the choice for three days."
This hadith has already been mentioned above.
The relevance to the chapter here is that the Messenger of Allah (sallallahu alayhi wa sallam) considered the destruction of wealth to be reprehensible.
Therefore, he instructed that at the time of sale, one should say this, as deceit and fraud are not permissible.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2407
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The meaning of "la khilabah" is that if any deception is proven, the property will be returned.
(2)
The relevance of this hadith to the chapter heading is that the Messenger of Allah (sallallahu alayhi wa sallam) considered the wasting and destruction of wealth to be reprehensible. Therefore, he instructed that one should declare at the time of buying and selling that there will be no deception or fraud in this transaction.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2407
Maulana Dawood Raz
Hadith Commentary:
If deception is discovered, then he is entitled to return the entire property.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6964
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:

The meaning of (لاَخِلاَبَةَ) is that there should be no deception with me; it is as if he is making a conditional sale, meaning that if deception becomes apparent in the transaction, then this agreement will not be valid.


Hafiz Ibn Hajar rahimahullah has written, quoting from Muhallab, that if there is exaggeration in praising the sold item and its commendation is taken to extremes, this will not be considered as deception, because such things are not included in transactions.
(Fath al-Bari: 12/421)


The purpose of Imam Bukhari rahimahullah is that trickery (hiyal) is also a type of deception; therefore, it does not befit a Muslim to resort to trickery and evade the Shari'ah rulings. If someone does so, he will be held accountable by Allah ta'ala.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6964
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit.
If, with this condition and explicit statement, it later becomes clear that the other party has engaged in any deception,
then he will retain the right to annul (fasakh) the sale.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3500
Hafiz Muhammad Ameen
In the narration of Sunan al-Bayhaqi (5/273), it is stated: "Then you will have the right to return the transaction for three days." That is, when it is made clear in the transaction that deception will not be tolerated—meaning, do not deceive me, I am a simple person—yet the other party still acts cunningly, then this simple person will have the right to return the transaction for three days. Some jurists have restricted this concession only to the person from whom this issue originated, although there is no reason for such a restriction. Do simple people not have the right to live in this world? Or is it legally permissible to deceive them? Islam does not permit such selfishness; therefore, support should be given to simple believers instead of cunning people, and those who deceive should be discouraged, and this is precisely in the aforementioned situation.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4489
Hafiz Zubair Ali Zai
Hadith Authentication: [وأخرجه البخاري 2117، 6964، من حديث مالك، ومسلم 1533، من حديث عبدالله بن دينار به]
Jurisprudential Points:
➊ If, during a transaction, someone says, "There is no deception," and later it is established that he was deceived, then he has the right to return the transaction.
➋ The person mentioned in this hadith was Sayyiduna Munqidh bin Huban radi Allahu anhu.
➌ Islam is the name of wishing well for every person.
➍ Buying and selling with the mutual consent of both parties is lawful, provided it does not contradict any command of the Book and Sunnah.
➎ The famous Tabi‘i Sa‘id ibn al-Musayyib rahimahullah said: When you go to a place where full measure and weight is given, then stay in that place for a long time; and if you go to a place where full measure and weight is not given, then do not stay there for long. [الموطأ 2/685 ح1430، وسنده صحيح]
➏ Imam Muhammad ibn al-Munkadir (Tabi‘i) rahimahullah used to say: Allah loves the servant who is gentle when selling, gentle when buying, gentle when paying a debt, and gentle when collecting a debt. [الموطأ 2/685 ح1431، وسنده صحيح]
➐ Imam Ibn Shihab al-Zuhri rahimahullah was asked: A person rents an animal from someone and then rents it out to someone else for a higher price—so he replied: There is no harm in this. [الموطأ 2/686 ح432 وسنده صحيح]
Source: Muwatta Imam Malik (Narration of Ibn al-Qasim): Commentary by Zubair Ali Zai, Page: 288
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«  أخرجه البخاري، البيوع، باب ما يكره من الخداع في البيع، حديث:2117، ومسلم، البيوع، باب من يخدع في البيع، حديث:1533.»©Explanation:
➊ From this hadith, it is understood that upon discovering a clear case of fraud (ghabn fahish), the option (of rescinding the sale) is established. This is the opinion of Imam Ahmad and Imam Malik rahimahumullah; however, the majority of scholars do not hold this view. They say that this permission was given specifically to Habbān ibn Munqidh because he had developed a weakness in his intellect and speech, as is mentioned in the hadith of Anas radi Allahu anhu in Musnad Ahmad. (Musnad Ahmad: 3/217) The correct view is that announcing "la khilābah" (no deception) in itself is a kind of condition, from which it is established that in the case of deceit and fraud, the buyer has the option (of rescinding the sale), and this is also what is called khiyār al-shart (option with condition).
➋ The words that the Prophet sallallahu alayhi wa sallam taught him, by the blessing of those words, he was never deceived thereafter.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 694
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
Despite this warning, if someone still resorts to deception, then the person who made the transaction has the option to return it within three days.
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 680