صحيح البخاري
Bukhari
كتاب البيوعThe Book of Sales (Bargains)
بَابُ مَنْ بَاعَ نَخْلاً قَدْ أُبِّرَتْ أَوْ أَرْضًا مَزْرُوعَةً أَوْ بِإِجَارَةٍ:Chapter. Whoever sold or rented date-palms which were pollinated, or land which was sown (with wheat or barley).
Hadith 2203
اُردوEn
قَالَ أَبُو عَبْد اللَّهِ : قَالَ لِي إِبْرَاهِيمُ أَخْبَرَنَا هِشَامٌ ، أَخْبَرَنَا ابْنُ جُرَيْجٍ ، قَالَ : سَمِعْتُ ابْنَ أَبِي مُلَيْكَةَ يُخْبِرُ ، عَنْ نَافِعٍ مَوْلَى ابْنِ عُمَرَ ، أَنَّهُ قَالَ : " أَيُّمَا نَخْلٍ بِيعَتْ قَدْ أُبِّرَتْ لَمْ يُذْكَرِ الثَّمَرُ ، فَالثَّمَرُ لِلَّذِي أَبَّرَهَا ، وَكَذَلِكَ الْعَبْدُ وَالْحَرْثُ سَمَّى لَهُ نَافِعٌ هَؤُلَاءِ الثَّلَاثَ " .
Narrated Nafi', the freed slave of Ibn 'Umar: If pollinated date-palms are sold and nothing is mentioned (in the contract) about their fruits, the fruits will go to the person who has pollinated them, and so will be the case with the slave and the cultivator. Nafi' mentioned those three things.
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
That is, if a slave is sold and he possesses some wealth, then that wealth will belong to the seller.
Similarly, if a slave woman is sold, her child who has already been born will belong to the seller.
The unborn child in the womb will belong to the buyer. However, if the buyer stipulates at the time of the transaction that he will also take those fruits or items related to the slave or slave woman, and the owner agrees to this, then those fruits or all such items of the slave or slave woman will belong to that buyer.
The intent of the Shariah is that in matters of buying and selling, it is necessary for both parties to mutually agree upon all the details and for both sides to accept them, so that no dispute or discord arises in the future.
That is, if a slave is sold and he possesses some wealth, then that wealth will belong to the seller.
Similarly, if a slave woman is sold, her child who has already been born will belong to the seller.
The unborn child in the womb will belong to the buyer. However, if the buyer stipulates at the time of the transaction that he will also take those fruits or items related to the slave or slave woman, and the owner agrees to this, then those fruits or all such items of the slave or slave woman will belong to that buyer.
The intent of the Shariah is that in matters of buying and selling, it is necessary for both parties to mutually agree upon all the details and for both sides to accept them, so that no dispute or discord arises in the future.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2203
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
It is narrated in Sahih Muslim that Ibn Umar (radi Allahu anhu) reports from the Messenger of Allah (sallallahu alayhi wa sallam) that he said:
“Whoever sells a date-palm tree after it has been pollinated, then its fruit belongs to the seller, unless the buyer stipulates it as a condition.
And whoever sells a slave, then his property belongs to the seller, unless the buyer stipulates it as a condition.”
(Sahih Muslim, Al-Buyu’, Hadith: 3905(1543))
(2)
All these transactions are based on custom and usage.
If something customary in society is not contrary to the Shari‘ah, then the Shari‘ah has permitted it and has not declared it unlawful.
(1)
It is narrated in Sahih Muslim that Ibn Umar (radi Allahu anhu) reports from the Messenger of Allah (sallallahu alayhi wa sallam) that he said:
“Whoever sells a date-palm tree after it has been pollinated, then its fruit belongs to the seller, unless the buyer stipulates it as a condition.
And whoever sells a slave, then his property belongs to the seller, unless the buyer stipulates it as a condition.”
(Sahih Muslim, Al-Buyu’, Hadith: 3905(1543))
(2)
All these transactions are based on custom and usage.
If something customary in society is not contrary to the Shari‘ah, then the Shari‘ah has permitted it and has not declared it unlawful.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2203
