صحيح البخاري
Bukhari
كتاب السلمThe Book of As-Salam
بَابُ السَّلَمِ فِي النَّخْلِ:Chapter. As-Salam for (the fruits of) date-palms.
Hadith 2250
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ بَشَّارٍ ، حَدَّثَنَا غُنْدَرٌ ، حَدَّثَنَا شُعْبَةُ ، عَنْ عَمْرٍو ، عَنْ أَبِي الْبَخْتَرِيِّ ، سَأَلْتُ ابْنَ عُمَرَ رَضِيَ اللَّهُ عَنْهُ ، عَنِ السَّلَمِ فِي النَّخْلِ ؟ فَقَالَ : نَهَى النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعِ الثَّمَرِ حَتَّى يَصْلُحَ ، وَنَهَى عَنِ الْوَرِقِ بِالذَّهَبِ نَسَاءً بِنَاجِزٍ ، وَسَأَلْتُ ابْنَ عَبَّاسٍ ، فَقَالَ : " نَهَى النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعِ النَّخْلِ حَتَّى يَأْكُلَ ، أَوْ يُؤْكَلَ وَحَتَّى يُوزَنَ " ، قُلْتُ : وَمَا يُوزَنُ ، قَالَ رَجُلٌ عِنْدَهُ : حَتَّى يُحْرَزَ .
Narrated Abu Al-Bakhtari: I asked Ibn `Umar about Salam for dates. Ibn `Umar replied, "The Prophet forbade the sale (the fruits) of date-palms until they were fit for eating and also forbade the sale of silver for gold on credit." I also asked Ibn `Abbas about it. Ibn `Abbas replied, "The Prophet forbade the sale of dates till they were fit for eating, and could be weighed." I asked him, "What is to be weighed (as the dates are on the trees)?" A man sitting by Ibn `Abbas said, "It means till they are cut and stored."
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The meaning is that the buying and selling of dates still attached to the tree is permissible only when they become fit for consumption, that is, when they are usable—even if not fully ripe, it is necessary that they be at least partially ripe. Before this stage, their sale and purchase is not permissible. However, if the transaction is settled without mentioning the tree, in such a way that a certain weight or a certain number of baskets of dates are required and their price is paid in advance, then a forward sale (bay‘ salam) is permissible. The seller may provide them from wherever he wishes, even if he does not own a single date tree. As a contractor, this transaction is legally permissible. It is impossible to weigh dates while they are still on the tree; therefore, the meaning of weighing here is interpreted as picking and storing them. The terms estimation (kharṣ), weighing, and eating all have the same meaning here: that they become fit for consumption.
(2)
Imam Bukhari rahimahullah’s purpose in citing these ahadith is to show that a forward sale (bay‘ salam) regarding dates still attached to the tree is not valid, because there is a risk of deception and loss in such a transaction.
(1)
The meaning is that the buying and selling of dates still attached to the tree is permissible only when they become fit for consumption, that is, when they are usable—even if not fully ripe, it is necessary that they be at least partially ripe. Before this stage, their sale and purchase is not permissible. However, if the transaction is settled without mentioning the tree, in such a way that a certain weight or a certain number of baskets of dates are required and their price is paid in advance, then a forward sale (bay‘ salam) is permissible. The seller may provide them from wherever he wishes, even if he does not own a single date tree. As a contractor, this transaction is legally permissible. It is impossible to weigh dates while they are still on the tree; therefore, the meaning of weighing here is interpreted as picking and storing them. The terms estimation (kharṣ), weighing, and eating all have the same meaning here: that they become fit for consumption.
(2)
Imam Bukhari rahimahullah’s purpose in citing these ahadith is to show that a forward sale (bay‘ salam) regarding dates still attached to the tree is not valid, because there is a risk of deception and loss in such a transaction.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2250
