Bukhari

Hadith Commentary:
The meaning of "a sale upon a sale" is evident: when a person is purchasing some goods from the shop of his Muslim brother, and we go and begin to entice him, saying, "Do not buy this item from here; we will get it for you even cheaper."
To say such things is also forbidden (haram).
Similarly, to go somewhere and artificially raise the price merely to harm the buyer, even though one has no intention of actually purchasing—
All these are forms of deceitful trickery and causing harm to others, all of which are forbidden (haram) and impermissible (najaa'iz).

Hadith Commentary:
(1)
The meaning of selling over a sale is that when the seller and the buyer have both agreed upon a price, then another person comes to the owner and says: "Sell this item to me for a higher price," or he says to the buyer, "I will give you a cheaper item than this." In this way, interfering between the two is forbidden (haram). If the price has not yet been settled, then at that time bidding on the item and increasing the price is permissible.

(2)
In this hadith, there is a prohibition against going out and purchasing goods from caravans. The situation is such that a city dweller meets those bringing merchandise before they reach the city market, so that by misrepresenting the market price, he buys from them at a lower price and acquires the goods for less than their actual value. The purpose of this prohibition is to protect the seller from being deceived and harmed. According to Imam Abu Hanifah rahimahullah, such an act is permissible, whereas these ahadith refute that view. In short, sometimes it happens that city merchants go out of the city to purchase grain supplies from outside caravans and then sell them in the market at high prices. According to Imam Bukhari rahimahullah, such a sale is forbidden (haram). According to some hadith scholars (muhaddithin), this sale is valid, but the owner has the option, after learning the market price, to either uphold the transaction or annul it. And Allah knows best.

Hadith Commentary:

Honesty and trustworthiness require that one should not interfere in a brother’s transaction or his engagement; however, if he himself withdraws, then that is a different matter.

Hadith Commentary:
The statement of Ibn Abbas (radi Allahu anhu) has been mentioned above, that the resident of a town should not act as a broker for an outsider;
that is, he should not, in exchange for a fee, sell the outsider’s goods, and this is also the meaning of the chapter heading.
Imam Shawkani (rahimahullah) states: “And know that just as it is not permissible for the resident to sell the goods of the outsider, likewise it is not permissible for him to purchase anything for him, etc.”
That is, just as it is forbidden for a city-dweller to sell the goods of a villager, in the same way, it is also forbidden for any city-dweller to purchase any goods for a villager without his knowledge and approval.
All these rulings are, in reality, so that no city-dweller may, in any way, take undue advantage of a villager.

Hadith Commentary:
In this hadith of Ibn Umar (radi Allahu anhu), there is no mention of the prohibition of a townsman buying and selling for a villager in exchange for a wage, but due to the previous explanation of Ibn Abbas (radi Allahu anhu), it has been considered restricted.

(2)
Imam Bukhari (rahimahullah)'s intent is that it is impermissible to buy and sell on behalf of someone else in exchange for a wage, but it can be done as an act of goodwill without a wage.

According to us, the following five conditions are necessary for the prohibition:
➊ A person from the village comes to sell his goods.
➋ He wants to sell the goods at the price of that very day.
➌ He is unaware of the market price.
➍ A townsman intentionally goes to him.
➎ The Muslims are in need of the villager's goods.

If these conditions are present, then it is impermissible for the townsman to buy and sell on behalf of the villager; otherwise, it is permissible.

All these rulings are, in reality, so that no townsman may, under any circumstance, take undue advantage of a villager.

Hadith Commentary:

Benefits and Issues:
➊ When a person sells something to another person or buys something from him, but they still have the option to annul the sale, and then a third person comes and says, "Cancel this sale; I will give you the same item for a lower price," or, "I will give you a better and superior item at this price," or says to the seller, "I will buy it from you for a higher price," all these situations are impermissible because they cause harm to one of the parties, which can lead to discord and conflict among them.

Hadith Commentary:

Benefits and Issues:
Talaqqi al-jalab, talaqqi al-buyu’, talaqqi al-rukban, talaqqi al-sila’, and talaqqi—all have the same objective: to go out and meet the trading caravan outside the city, before they become aware of the city’s market rate, and purchase their merchandise from them. This practice can result in two harms: the merchant or the trader coming from outside is unaware of the city’s prices, so he may sell his goods at a price lower than what he could get in the market. The residents of the city are harmed in that the trader who bought the goods outside the city can now sell that item at his own discretion; people are in need of that item, but he either does not sell it or sells it at a very high price. If the goods had been brought into the city and sold there, other people would also have had the opportunity to buy.

There is consensus among the four Imams (a’immah arba’ah) that it is not permissible to meet a trading caravan outside the city to purchase their goods.

However, if the caravan members are aware of the city’s market rate and there is no harm to the city’s residents, then according to Imam Abu Hanifah, it is permissible. Some Shafi’is and some Malikis also hold this view, as is evident from the hadith of Ibn ‘Umar radi Allahu anhuma in Sahih al-Bukhari, where he states that we used to meet the caravan members and buy grain from them, but the Prophet sallallahu alayhi wa sallam forbade us from selling it before bringing it to the grain market. Imam al-Bukhari has explained this by stating that talaqqi outside the city is prohibited, but if one comes to the beginning of the market and, without bringing it into the market, buys it due to knowledge of the price, then it is permissible, and later it can be sold in the market. From this, it is understood that if there is no harm to the city’s residents and the caravan members are not unaware of the market rate, then there is no objection to talaqqi.

Hadith Commentary: Benefits and Issues: Some scholars have derived from the word "his brother" that it is not permissible to transact a sale over the sale of a Muslim, but it is permissible over the sale of a disbeliever. However, according to the majority, this restriction is either predominant or coincidental. Otherwise, the same ruling applies to those disbelievers who reside in a Muslim country or with whom there is a treaty. The matter of permission pertains to both sale and proposal (engagement), because when permission has been granted, then the risk of mutual envy, enmity, and quarrels no longer remains.

Explanation:
1:
The scenario of selling over another's sale is as follows:
After a sale has been concluded, within the option period (khiyar), if someone comes and says, "You cancel this sale, and I will give you a better item at a lower price than this," then saying this is not permissible.

Benefits and Issues:
➊
When two people are engaged in a transaction with each other,
it is not permissible for a third person to interfere in their transaction, spoil it, or purchase it himself.

➋
The clarification of the second issue is found in the following hadith.

Benefits and Issues:
If a person has sent a marriage proposal to a household, then another person, knowing that a proposal has already been sent and that no response of acceptance or rejection has yet been given, should not send his own proposal.
Except if it becomes clear that their silence is in fact a sign of refusal.
If the engagement (nisbah) has already been settled, then to send one’s own proposal and attempt to break the first engagement is forbidden (haram).
Because in this way, there is a strong likelihood of conflict and enmity arising between two Muslim brothers or families. However, if the first party gives permission, then there is no harm.

For details, see: Hadith: 4496, Benefit: 1.

(1) Sending a proposal in response to someone else’s proposal is contrary to good character; rather, it reflects envy and selfishness. Therefore, Islam has prohibited this. It is a distinctive feature of Islamic law that it reforms both the individual and society, encourages mutual affection and love, and prevents everything that leads to discord, enmity, and hatred.

(2) However, if the proposal is rejected, or the woman and her guardian desire further proposals, or the first proposer grants permission, or if two or three proposals arrive at the same time, then there is no harm; a proposal may be sent. The prohibition applies when discussions are ongoing and there is already an inclination, or the proposal has been accepted or is close to acceptance.

Urdu marginal note:
The details of the hadith have already been explained in Hadith: 4496.

For details, see Hadith: 4496, Benefit: 4.

If a person is conducting a transaction, it is not permissible for another person to initiate a transaction (over it), let alone if the transaction has already been completed.

Benefits and Issues:

➊ (Khutbah)
With the kasrah under the letter "kha", it means to initiate conversation for marriage, that is, to request the guardians of a woman to give her in marriage. When discussions are ongoing with a woman's family and there is hope that the marriage will be settled, another man should not begin negotiations for that woman.

➋
If it is felt that the woman has not yet decided to accept that man and there is no clear inclination towards him, then another man may also send a proposal so that the woman can decide which of the two men is more suitable for her, and her guardians can also consider the matter in a better manner.

➌
The wisdom in this prohibition is to prevent discord in the mutual affairs of Muslims and to avoid the creation of resentment among them.

Hadith Authentication: [وأخرجه البخاري 2165، ومسلم 7/1412 بعد ح1514، من حديث مالك به]
Jurisprudential Explanation:
➊ If a person is in the process of purchasing goods, another person should not attempt to buy those same goods from him. However, if the goods are being auctioned, this is an exception.
➋ Also see H353.
➌ It is not necessary that every issue be explicitly mentioned in the Noble Qur’an; therefore, if something is established through an authentic hadith or the reports of the righteous predecessors (salaf salihin), then it is correct to use it as evidence. It is obligatory and mandatory to use authentic hadith as evidence, and it is permissible to use the reports (athar) as evidence.

Takhrij:
«أخرجه البخاري، النكاح، باب لا يخطب علي خطبة أخيه حتي ينكح أويدع، حديث:5142، ومسلم، النكاح، باب تحريم الخطبة علي خطبة أخيه حتي يأذن أويترك، حديث:1412.»©Explanation:
➊ According to this hadith, it is not permissible to give a marriage proposal (nikah proposal) over an existing proposal. However, from the incident of Fatimah bint Qays radi Allahu anha, it apparently seems that two or three proposals can be given at the same time, because this woman received two marriage proposals and then came to the Prophet sallallahu alayhi wa sallam for consultation, explained the situation, and sought advice. However, this is not contrary to the narration. It is possible that the one giving the second proposal was unaware of the first proposal.
➋ Some have said that the prohibition of giving a marriage proposal applies after the engagement (mangni) has been settled, not before.
➌ According to the majority of scholars, this prohibition is one of prohibition (tahrimi), and this is the preferred opinion.