صحيح البخاري
Bukhari
كتاب الوكالةThe Book of Representation
بَابُ الْوَكَالَةِ فِي الصَّرْفِ وَالْمِيزَانِ:Chapter. To deputize one in exchanging money and weighing goods.
Hadith 2302
اُردوEn
وَقَدْ وَكَّلَ عُمَرُ ، وَابْنُ عُمَرَ فِي الصَّرْفِ .
And ‘Umar (may Allah be pleased with him) and ‘Abdullah ibn ‘Umar (may Allah be pleased with them both) appointed an agent in «صرفي».
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ يُوسُفَ ، أَخْبَرَنَا مَالِكٌ ، عَنْ عَبْدِ الْمَجِيدِ بْنِ سُهَيْلِ بْنِ عَبْدِ الرَّحْمَنِ بْنِ عَوْفٍ ، عَنْ سَعِيدِ بْنِ الْمُسَيِّبِ ، عَنْ أَبِي سَعِيدٍ الْخُدْرِيِّ عنه ، " أن رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ اسْتَعْمَلَ رَجُلًا عَلَى خَيْبَرَ ، فَجَاءَهُمْ بِتَمْرٍ جَنِيبٍ ، فَقَالَ : أَكُلُّ تَمْرِ خَيْبَرَ هَكَذَا ، فَقَالَ : إِنَّا لَنَأْخُذُ الصَّاعَ مِنْ هَذَا بِالصَّاعَيْنِ ، وَالصَّاعَيْنِ بِالثَّلَاثَةِ ، فَقَالَ : لَا تَفْعَلْ ، بِعِ الْجَمْعَ بِالدَّرَاهِمِ ، ثُمَّ ابْتَعْ بِالدَّرَاهِمِ جَنِيبًا " ، وَقَالَ : فِي الْمِيزَانِ مِثْلَ ذَلِكَ .
Narrated Abu Sa`id Al-Khudri and Abu Huraira: Allah's Apostle employed someone as a governor at Khaibar. When the man came to Medina, he brought with him dates called Janib. The Prophet asked him, "Are all the dates of Khaibar of this kind?" The man replied, "(No), we exchange two Sa's of bad dates for one Sa of this kind of dates (i.e. Janib), or exchange three Sa's for two." On that, the Prophet said, "Don't do so, as it is a kind of usury (Riba) but sell the dates of inferior quality for money, and then buy Janib with the money". The Prophet said the same thing about dates sold by weight. (See Hadith No. 506).
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
Abdullah bin Yusuf narrated to us, he said that Imam Malik informed us, from Abdul Majeed bin Sahl bin Abdur Rahman bin Awf, from Saeed bin Musayyib, and from him Abu Saeed Khudri and Abu Hurairah (radi Allahu anhuma) that the Messenger of Allah (sallallahu alayhi wa sallam) appointed a man as the collector of Khyber.
He brought dates of a superior quality, so the Prophet (sallallahu alayhi wa sallam) asked him, “Are all the dates of Khyber of this kind?”
He replied, “We buy one sa’ (a measure) of this kind of dates (of superior quality) in exchange for two sa’ of (inferior quality), and two sa’ for three sa’.”
The Prophet (sallallahu alayhi wa sallam) instructed him, “Do not do so. Rather, sell the inferior dates for money, then buy the superior dates with that money.”
And regarding things that are weighed, the Prophet (sallallahu alayhi wa sallam) gave the same ruling.
Abdullah bin Yusuf narrated to us, he said that Imam Malik informed us, from Abdul Majeed bin Sahl bin Abdur Rahman bin Awf, from Saeed bin Musayyib, and from him Abu Saeed Khudri and Abu Hurairah (radi Allahu anhuma) that the Messenger of Allah (sallallahu alayhi wa sallam) appointed a man as the collector of Khyber.
He brought dates of a superior quality, so the Prophet (sallallahu alayhi wa sallam) asked him, “Are all the dates of Khyber of this kind?”
He replied, “We buy one sa’ (a measure) of this kind of dates (of superior quality) in exchange for two sa’ of (inferior quality), and two sa’ for three sa’.”
The Prophet (sallallahu alayhi wa sallam) instructed him, “Do not do so. Rather, sell the inferior dates for money, then buy the superior dates with that money.”
And regarding things that are weighed, the Prophet (sallallahu alayhi wa sallam) gave the same ruling.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2302
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The exchange of gold, silver, and currency is called ṣarf (currency exchange).
In this transaction, there may be a misconception that perhaps agency (wakālah) is not permissible in it, because in this sale, it is not permissible to separate (tafarraq) before taking possession (qabḍ) of both counter-values (gold or silver). In agency, the principal (muʾakkil) is the original party, who is not present at the time of the contract, so separation without possession would necessarily occur. Imam Bukhari rahimahullah has dispelled this misconception by stating that the agent (wakīl) is the one who directly conducts the contract; therefore, all rights will revert to him. The possession of the agent is considered the possession of the principal.
In any case, the sale of ṣarf through agency is permissible, and the possession of the agent in place of the principal is also valid.
(2)
In this hadith, it is stated that for items sold by measure, do not exchange one sāʿ for two sāʿs; rather, sell them for dirhams, then buy the better quality dates with those dirhams. The same ruling applies to items sold by weight.
(3)
The relevance of this hadith to the chapter heading is as follows: when the agent was prohibited from taking one sāʿ in exchange for two sāʿs, it is understood that the sale of dirham for dirham and dinar for dinar is also subject to the same ruling.
The meaning of agency (tawkīl) is also clarified in this, because the Messenger of Allah sallallahu alayhi wa sallam appointed the worker of Khaybar as an agent to act in this manner.
(1)
The exchange of gold, silver, and currency is called ṣarf (currency exchange).
In this transaction, there may be a misconception that perhaps agency (wakālah) is not permissible in it, because in this sale, it is not permissible to separate (tafarraq) before taking possession (qabḍ) of both counter-values (gold or silver). In agency, the principal (muʾakkil) is the original party, who is not present at the time of the contract, so separation without possession would necessarily occur. Imam Bukhari rahimahullah has dispelled this misconception by stating that the agent (wakīl) is the one who directly conducts the contract; therefore, all rights will revert to him. The possession of the agent is considered the possession of the principal.
In any case, the sale of ṣarf through agency is permissible, and the possession of the agent in place of the principal is also valid.
(2)
In this hadith, it is stated that for items sold by measure, do not exchange one sāʿ for two sāʿs; rather, sell them for dirhams, then buy the better quality dates with those dirhams. The same ruling applies to items sold by weight.
(3)
The relevance of this hadith to the chapter heading is as follows: when the agent was prohibited from taking one sāʿ in exchange for two sāʿs, it is understood that the sale of dirham for dirham and dinar for dinar is also subject to the same ruling.
The meaning of agency (tawkīl) is also clarified in this, because the Messenger of Allah sallallahu alayhi wa sallam appointed the worker of Khaybar as an agent to act in this manner.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2302
