صحيح البخاري
Bukhari
كتاب البيوعThe Book of Sales (Bargains)
بَابُ إِذَا بَاعَ الثِّمَارَ قَبْلَ أَنْ يَبْدُوَ صَلاَحُهَا ثُمَّ أَصَابَتْهُ عَاهَةٌ فَهُوَ مِنَ الْبَائِعِ:Chapter. If somebody sells fruits before their benefit is evident and free from blights and then they get afflicted with some defects, they will be given back to the seller.
Hadith 2199
اُردوEn
قَالَ اللَّيْثُ :حَدَّثَنِي يُونُسُ ، عَنِ ابْنِ شِهَابٍ ، قَالَ : لَوْ أَنَّ رَجُلًا ابْتَاعَ ثَمَرًا قَبْلَ أَنْ يَبْدُوَ صَلَاحُهُ ، ثُمَّ أَصَابَتْهُ عَاهَةٌ ؟ كَانَ مَا أَصَابَهُ عَلَى رَبِّهِ أَخْبَرَنِي سَالِمُ بْنُ عَبْدِ اللَّهِ ، عَنِ ابْنِ عُمَرَ رَضِيَ اللَّهُ عَنْهُ ، أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : " لَا تَتَبَايَعُوا الثَّمَرَ حَتَّى يَبْدُوَ صَلَاحُهَا ، وَلَا تَبِيعُوا الثَّمَرَ بِالتَّمْرِ " .
Narrated Ibn Shihab: If somebody bought fruits before their benefit is evident and then the fruits were spoiled with blights, the loss would be suffered by the owner (not the buyer). Narrated Salim bin 'Abdullah from Ibn Umar: Allah's Apostle said, "Do not sell or buy fruits before their benefit was evident and do not sell fresh fruits (dates) for dried dates."
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
1.
If a garden is sold before the fruits have ripened, then the seller will be responsible for any loss if a calamity befalls and destroys the garden.
If no loss occurs and the fruit ripens properly, then the sale will be valid.
Despite this detail, our inclination is that a transaction should not be made before the fruits have ripened, because this is what the apparent wording of the ahadith demands.
Many problems can arise in the case of violation.
The ahadith in which there is prohibition are to be understood as advocating this precaution.
(2)
Imam Bukhari rahimahullah’s inclination towards permissibility is conditional, because when the fruit is destroyed and nothing remains in comparison to the price paid by the buyer, then it is invalid for the seller to take the price.
It is narrated in Sahih Muslim that the Messenger of Allah sallallahu alayhi wa sallam said:
“If you sold your brother a garden of fruit and it was destroyed by a calamity, then it is not lawful for you to take any price from him.
How can it be permissible for you to take wealth without right?” (Sahih Muslim, al-Musaqat, Hadith: 3975(1554))
1.
If a garden is sold before the fruits have ripened, then the seller will be responsible for any loss if a calamity befalls and destroys the garden.
If no loss occurs and the fruit ripens properly, then the sale will be valid.
Despite this detail, our inclination is that a transaction should not be made before the fruits have ripened, because this is what the apparent wording of the ahadith demands.
Many problems can arise in the case of violation.
The ahadith in which there is prohibition are to be understood as advocating this precaution.
(2)
Imam Bukhari rahimahullah’s inclination towards permissibility is conditional, because when the fruit is destroyed and nothing remains in comparison to the price paid by the buyer, then it is invalid for the seller to take the price.
It is narrated in Sahih Muslim that the Messenger of Allah sallallahu alayhi wa sallam said:
“If you sold your brother a garden of fruit and it was destroyed by a calamity, then it is not lawful for you to take any price from him.
How can it be permissible for you to take wealth without right?” (Sahih Muslim, al-Musaqat, Hadith: 3975(1554))
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2199
