صحيح البخاري
Bukhari
كتاب البيوعThe Book of Sales (Bargains)
بَابُ مَنْ أَجْرَى أَمْرَ الأَمْصَارِ عَلَى مَا يَتَعَارَفُونَ بَيْنَهُمْ فِي الْبُيُوعِ وَالإِجَارَةِ وَالْمِكْيَالِ، وَالْوَزْنِ، وَسُنَنِهِمْ عَلَى نِيَّاتِهِمْ وَمَذَاهِبِهِمِ الْمَشْهُورَةِ:Chapter. In cases where there is no fixed judgement, the traditions and conventions of each community are to be referred to, to deduce a judgement in such matters as sales, renting, measuring and weighing.
Hadith 2212
اُردوEn
حَدَّثَنِي إِسْحَاقُ ، حَدَّثَنَا ابْنُ نُمَيْرٍ ، أَخْبَرَنَا هِشَامٌ . ح وحَدَّثَنِي مُحَمَّدُ بْنُ سَلَّامٍ ، قَالَ : سَمِعْتُ عُثْمَانَ بْنَ فَرْقَدٍ ، قَالَ : سَمِعْتُ هِشَامَ بْنَ عُرْوَةَ يُحَدِّثُ ، عَنْ أَبِيهِ ، أَنَّهُ سَمِعَ عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا ، تَقُولُ : " وَمَنْ كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ وَمَنْ كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِ سورة النساء آية 6 ، أُنْزِلَتْ فِي وَالِي الْيَتِيمِ الَّذِي يُقِيمُ عَلَيْهِ ، وَيُصْلِحُ فِي مَالِهِ ، إِنْ كَانَ فَقِيرًا أَكَلَ مِنْهُ بِالْمَعْرُوفِ " .
Narrated Hisham bin `Urwa from his father: who heard Aisha saying, "The Holy Verse; 'Whoever amongst the guardians is rich, he should take no wages (from the property of the orphans) but If he is poor, let him have for himself what is just and reasonable (according to his labors)' (4.6) was revealed concerning the guardian of the orphans who looks after them and manages favorably their financial affairs; If the guardian Is poor, he could have from It what Is just and reasonable, (according to his labors).
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Imam Bukhari rahimahullah, through this chapter heading and the presented ahadith, has highlighted the importance of societal custom, that during buying and selling and when settling transactions, the national law and societal custom must be taken into consideration, provided that such law or custom is not contrary to the Shariah. For example:
If a certain currency is in circulation in a country, then at the time of buying and selling, in the absence of a condition specifying another currency, the currency in circulation will be understood as intended.
(2)
In this regard, Imam Bukhari rahimahullah has mentioned three ahadith:
In the first hadith, the Messenger of Allah sallallahu alayhi wa sallam, when having cupping performed, did not stipulate any wage or the like, but relying on custom, ordered that one sa‘ (a measure) of dates be given as payment. Also, the master of Abu Taybah radi Allahu anhu used to take a higher fee from him, but the Messenger of Allah sallallahu alayhi wa sallam had it reduced so that it would be in accordance with custom and law.
In the second hadith, the Messenger of Allah sallallahu alayhi wa sallam gave permission to Hind radi Allahu anha to take from the wealth of Abu Sufyan radi Allahu anhu, but did not specify any limit; rather, he left it to custom and law, that is, according to her status and need, she was instructed to take wealth in accordance with the local custom and practice.
In this, only the customary status will be taken into consideration.
In the third narration, Aisha radi Allahu anha said:
If the guardian of an orphan is poor and needy, he may eat from the wealth he is managing, according to what is customary, that is, if the custom is recognized, then it is part of the religion, and if it is contrary to the religion, then it will have no validity.
(1)
Imam Bukhari rahimahullah, through this chapter heading and the presented ahadith, has highlighted the importance of societal custom, that during buying and selling and when settling transactions, the national law and societal custom must be taken into consideration, provided that such law or custom is not contrary to the Shariah. For example:
If a certain currency is in circulation in a country, then at the time of buying and selling, in the absence of a condition specifying another currency, the currency in circulation will be understood as intended.
(2)
In this regard, Imam Bukhari rahimahullah has mentioned three ahadith:
In the first hadith, the Messenger of Allah sallallahu alayhi wa sallam, when having cupping performed, did not stipulate any wage or the like, but relying on custom, ordered that one sa‘ (a measure) of dates be given as payment. Also, the master of Abu Taybah radi Allahu anhu used to take a higher fee from him, but the Messenger of Allah sallallahu alayhi wa sallam had it reduced so that it would be in accordance with custom and law.
In the second hadith, the Messenger of Allah sallallahu alayhi wa sallam gave permission to Hind radi Allahu anha to take from the wealth of Abu Sufyan radi Allahu anhu, but did not specify any limit; rather, he left it to custom and law, that is, according to her status and need, she was instructed to take wealth in accordance with the local custom and practice.
In this, only the customary status will be taken into consideration.
In the third narration, Aisha radi Allahu anha said:
If the guardian of an orphan is poor and needy, he may eat from the wealth he is managing, according to what is customary, that is, if the custom is recognized, then it is part of the religion, and if it is contrary to the religion, then it will have no validity.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2212
