Bukhari

Hadith Commentary:

Its situation is as follows: For example, Zaid purchased two maunds of wheat from Amr in exchange for two rupees, and it was agreed with Amr that the wheat would be delivered after two months. Now, Zaid sold this same wheat to Bakr for four rupees. In reality, it is as if Zaid has sold two rupees for four rupees, which is clearly usury (riba), because the wheat does not yet exist—it will only be received after two months—and in effect, money is being exchanged for money.

Hadith Commentary:
(1)
The purpose and reasoning of Imam Bukhari rahimahullah have already been explained in the benefits of the first hadith. Here, we wish to clarify the position of Ibn Abbas radi Allahu anhu, which is as follows: Zaid bought two man (a unit of weight) of grain from Umar for two hundred rupees, with the agreement that the grain would be delivered after two months. Now, Zaid sold the purchased two man of grain to Bakr for four hundred rupees. This is explicit usury (riba), because the grain does not yet exist—it will be received after two months. At this point, money is being sold for money.

(2)
Since the wording (wal-ta‘am murja’an) appears in the narration, Imam Bukhari rahimahullah, in accordance with this, provided a linguistic explanation of the Qur’anic verse: ﴿وَآخَرُونَ مُرْجَوْنَ لِأَمْرِ اللَّـهِ﴾ (), stating that its meaning is “to defer” or “to postpone.”

Hadith Commentary:
That is, when anything is purchased, it should not be sold before taking possession of it.

Hadith Commentary: Benefits and Issues: The intention of Abdullah ibn Abbas (radi Allahu anhuma) was that a person purchased grain, but he had not yet taken possession of it, and he sold it onward. In reality, this is a sale of gold for gold, and in this, any increase or decrease is not permissible. For example, he bought it for one hundred rupees and sold it for one hundred and twenty, and this is an exchange of money for money.

Hadith Footnote:
Vocabulary of the Hadith:
Hatta yastawfiyahu:
Until he measures, weighs, or counts it,
but taking it into possession,
according to this meaning, is not a condition,
however, here this word is in the sense of possession (qabdh),
as in the next hadith, in its place, the wording is hatta yaqbidahu,
until he takes it into possession.
Benefits and Issues:
(1)
The concept of possession (qabdh):
Qabdh is when the item comes into the buyer’s protection, custody, and guarantee (responsibility).
Therefore, according to Imam Malik and the Hanafis, qabdh
is takhliya, i.e., the seller relinquishing the item and giving the buyer the opportunity to take it into his protection, and according to the Shafi‘is and Hanbalis, in immovable items, qabdh
is called takhliya, and in movable items, it is transfer and delivery (i.e., moving it from the place of purchase).
And according to Imam Bukhari, it is the acknowledgment of the right of disposal,
but the correct view is that in movable items, qabdh is called transfer and delivery,
as is the hadith of Zayd ibn Thabit, that the Prophet sallallahu alayhi wa sallam forbade selling goods at the place where they were bought,
until the trader secures them in his own place.
(2)
According to Imam Shafi‘i and Imam Muhammad ibn al-Hasan, as with Ibn Abbas radi Allahu anhuma, it is not permissible to buy or sell anything before taking possession of it,
because until the buyer takes possession of the goods,
the seller’s right of disposal is not completely terminated, and if he gets more profit, he can annul the transaction or delay handing over possession,
and nowadays, according to Allamah Taqi, this wisdom has also become apparent that this practice promotes speculation (satta), which makes goods very expensive,
for example, a ship is bringing a trader’s goods from Japan, and while the goods are still en route, the importing trader sells those goods to another trader, and the second trader sells to a third trader, so before the ship even anchors, the goods are sold multiple times,
thus, the item that left Japan for ten rupees,
by being sold repeatedly en route, reaches a price of one or two hundred, and it has not yet come into anyone’s possession, nor has anyone seen the goods,
even though the goods could be destroyed on the way (Takmilat Fath al-Mulhim: vol. 1, p. 354).
But the question here is that, according to the Hanafis, qabdh means the seller relinquishing the goods, which gives the buyer the right of disposal,
and here, each trader has relinquished his right in favor of the next and has acknowledged his ownership,
therefore he has sold it onward,
so the correct view is that this method is against the hadith narrated by Hakim ibn Hizam radi Allahu anhu,
the Prophet sallallahu alayhi wa sallam said:
la tabi‘ ma laysa ‘indak — Do not sell what you do not possess,
or the statement of Ibn Abbas radi Allahu anhuma applies, that when a thing is bought,
but not yet taken into possession,
and it is sold onward,
then this is a transaction of money for money,
because the goods have not arrived,
nor have they been seen, so a trader, for example, bought it for twenty rupees,
sold it to another for twenty-five,
he sold it to a third for thirty,
thus every trader is transacting money for money,
the goods are still absent, and there is also the possibility of gharar (uncertainty), that the goods may be lost en route.
Imam Ahmad also has a view similar to Imam Shafi‘i,
and Allamah Ghulam Rasul Sa‘idi has accepted this position as correct.
(Sharh Sahih Muslim: vol. 4, p. 162)
(3)
According to Imam Ahmad and Ishaq, it is not permissible to sell items that are measured or weighed before taking possession,
but it is permissible to sell other items,
and according to Allamah Ibn Qudamah, the prohibition according to Imam Ahmad is only related to grain and cereals.
(4)
According to Imam Malik, whether it is grain by measure or by weight,
it is not permissible to sell it before taking possession, and Qadi ‘Iyad al-Maliki has declared the sale of anything before possession impermissible if it is related to measure, weight, or number,
and Sahnun and Ibn Habib have added the condition that it must be grain, and Ibn Wahb said it relates to ribawi (usurious) items.
(5)
According to Imam Abu Hanifah and Imam Abu Yusuf, the prohibition relates to movable items,
not to immovable items.

Explanation:
1:
The fundamental principle of Islamic law (Shari‘ah) in buying and selling is that the purchaser must not sell an item to another person until he has taken complete possession of it.
And this possession (qabdh) will be determined for each item according to the nature of that item.
Furthermore, in this regard, the local custom (‘urf — customary practice) will also be taken into consideration, that is, how possession is recognized for a particular item in that locality. For example, regarding movable items, the Shari‘ah has established a general principle for complete possession: that the buyer transfers the item from the seller’s place to his own place, or, in the case of items measured by volume, he measures it, and in the case of items weighed, he weighs it, and for items estimated by assessment, he changes its location.

Benefits and Issues:
The wisdoms behind these teachings are clear.
The purpose is that there should not be stagnation in the marketplace.
Wealth and capital should remain in circulation.
Laborers should receive wages, and people should obtain sustenance with ease and at affordable prices.
Nowadays, the main reason for the high cost of goods is precisely this:
That merchandise remains stored in one place,
And capitalists keep selling it to one another right there.
Or, the goods have not yet come into the possession of one buyer before he sells them onward,
And then that person sells them onward again.
All these situations are in conflict with the Shariah principles,
And their result is back-breaking inflation.
Wa la hawla wa la quwwata illa billah.

Weighing is also a form of taking possession.

The view of Ibn Abbas (radi Allahu anhu) is correct because, in one narration from the Messenger of Allah (sallallahu alayhi wa sallam), general words are used: "Do not sell anything until you have taken possession of it." In Sunan Abu Dawud, there is a hadith narrated from Zayd bin Thabit (radi Allahu anhu): [أن النبي ﷺ نهى أن تُباعَ السلعُ حيث تُبتاعُ حتى يحوزها التجارُ إلى رحالهم] "Indeed, the Messenger of Allah (sallallahu alayhi wa sallam) forbade selling goods at the place of purchase until the traders have transported them to their own locations (shops, stores, etc.)." (Sunan Abu Dawud, Al-Buyu', Hadith: 3499) This blessed hadith is a clear and explicit proof of the deep understanding of religion (fiqh) possessed by Abdullah bin Abbas (radi Allahu anhu).

Benefit:
In this hadith, an important principle of buying and selling has been stated: that when goods are lying in a place, one should purchase them and take them into one’s possession, and only then can they be sold to someone else. There are countless wisdoms in this, which not everyone is able to comprehend. In the present era, this well-known hadith is being opposed greatly, except for those upon whom my Lord has mercy.