Bukhari

Explanation:
There are certain times during the day and night in which performing prayer is disliked (makruh). These are: at the time of sunrise, exactly at midday, after the ‘Asr prayer until sunset, and after the Fajr prayer until sunrise. However, if an obligatory (fard) prayer has been missed (qada), it is permissible to perform it at these times. And if the Sunnah prayers of Fajr could not be performed before the obligatory prayer, then they may also be performed after the congregational (jama‘ah) obligatory prayer. Those people who continue to perform the Sunnah of Fajr while the congregation is ongoing are acting contrary to the hadith.

By "two garments" is meant: one is «اشتمال صماء», that is, wrapping a single cloth around the entire body in such a way that the hands and so on do not protrude outside; and «احتباء» is sitting with a single cloth tied in such a way that the feet are separated from the stomach and the private parts are exposed towards the sky.

Of the two types of buying and selling, the first is bay‘ munabadhah, which is that when the buyer or seller throws his cloth over the other’s, the sale becomes binding; and bay‘ mulamasah, which is that when the buyer or the seller touches the other’s cloth, the sale is completed. Islam has prohibited all of these.

Hadith Commentary:
(1)
In this chapter, Imam Bukhari rahimahullah has presented a total of four hadiths:
The first and last hadith pertain to actions, while the second and third hadiths are related to timing.
The sole purpose is to clarify the times that are disliked (makruh).
(2)
In this last hadith, the ruling of prohibition has also been stated regarding a few other matters.
"Ishmaal as-Samma’":
To wrap a garment around one's body in such a way that the hands and so on become enclosed within it.
"Ihtiba’":
To sit with the buttocks on the ground and the shins upright, wrapping the arms around the legs.
"Mulamasah":
To finalize a sale by touching the cloth with a bare hand during the day or night, without having unfolded and examined it.
"Munabadhah":
To finalize a sale by throwing a cloth towards another person.
It should be noted that the full details regarding Ishmaal and Ihtiba’ will be found in the Book of Clothing (Kitab al-Libas), and the explanation of Mulamasah and Munabadhah will be found in the Book of Sales (Kitab al-Buyu’).

Hadith Commentary:
In pre-Islamic Arab society, this was also one of the ways of sitting in a gathering.
In this posture of sitting, the private parts would generally become exposed, because the body would be covered with only a single sheet, and with that same sheet, the waist and the shins would be wrapped, tying both together.
This situation was such that there would be no concern left for covering the private parts (awrah), and the one sitting would be helpless, compelled to remain seated in this very posture.

Hadith Commentary:
➊
In the era of ignorance (Jahiliyyah), there were two methods of buying and selling that were prevalent, both of which contained elements of gambling and deception. Therefore, the Shari‘ah prohibited them. One was mulāmasah and the other munābadhah. The form of bay‘ mulāmasah was that in a cloth shop, after verbal negotiation between the seller and the buyer, and after the price was agreed upon, the buyer would close his eyes and place his hand on a bolt of cloth; whichever bolt he touched would become his at the agreed price. No one had the option of majlis (option of session), ‘ayb (option due to defect), or ru’yah (option upon seeing). The Shari‘ah prohibited this. Similarly, the method of munābadhah was that after the verbal price was agreed upon, the seller would close his eyes and throw a bolt of cloth towards the buyer; whichever bolt reached the buyer would become his, whether it was of high quality or inferior. This too has been declared haram by the Shari‘ah. These have no connection with the chapter heading, so we will discuss the related issues in the Book of Sales (Kitab al-Buyu‘).

➋
Ishtimāl as-sammā’ refers to wrapping oneself tightly in a garment, the explanation of which has already been given in the first hadith, and (ihtibā’) is to sit with both buttocks on the ground, raising the shins upright, in such a way that the private parts become exposed. Although in this hadith, sitting in the manner of ihtibā’ is prohibited in absolute terms, its clarification is found in another hadith, which states that his private parts remain exposed towards the sky. (Sahih al-Bukhari, Mawaqit al-Salat, Hadith: 584) This part of the hadith is related to the chapter heading, that sitting in such a naked state is considered undesirable and impermissible in the Shari‘ah.

Sufyan al-Thawri rahimahullah is narrating this hadith of Sahih al-Bukhari from «عن».

Some people object to the narration with “an” and say: establish explicit hearing (sama‘) or corroboration (mutaba‘at).

(8) In Sahih al-Bukhari, Chapter: What should be covered of the ‘awrah, p. 53 (Hadith 368), Muhammad ibn Yahya ibn Hibban has corroborated Sufyan. Also, in Sahih al-Bukhari, Book of Sales, Chapter: The Sale of Munabadha (Hadith 2145):

«حدثنا قتيبة، حدثنا عبد الوهاب، حدثنا ايوب، عن محمد، عن ابي هريرة رضي الله عنه، قال:" نهي عن لبستين، ان يحتبي الرجل فى الثوب الواحد ثم يرفعه على منكبه، وعن بيعتين اللماس والنباذ".»

Qutaybah narrated to us, he said: ‘Abd al-Wahhab narrated to us, from Muhammad ibn Sirin, from Abu Hurayrah radi Allahu anhu, who said: Two types of clothing are forbidden: that a man sits with a single garment wrapped around himself, then throws it over his shoulder (and his private parts remain exposed); and two types of sales are forbidden: one is the sale of mulamasah and the other is the sale of munabadha.

Reference: Fatawa ‘Ilmiyyah (Tawdih al-Ahkam), vol. 2, p. 315

Hadith Commentary:
In this narration, there is no mention of the second garment.
That refers to the "ishtimal as-sama" which has already been mentioned above, meaning to wrap a single cloth around the entire body in such a way that the hands and other limbs cannot come out at all.
In the narration of al-Nasa’i, the explanation of "mulamasah" is mentioned as follows: that a man says to another, "I sell my garment in exchange for your garment," and neither of them sees the other’s garment, but only touches it. As for "munabadha sale," it is that the buyer and seller agree that, "Whatever is with me, I will throw it towards you, and whatever is with you, you throw it towards me."
Thus, the sale is concluded on this condition, and neither knows what and how much wealth the other possesses.
(Wahidi)

Hadith Commentary:
(1)
In this hadith as well, the sale of mulamasah is prohibited.
Its explanation has already been given in the previous hadith.
(2)
In this hadith, two types of clothing are prohibited; of these, only one is mentioned in this hadith, which is ihtiba’.
The second type of clothing is ishtimal as-samma’, which is not mentioned in this hadith.
Its form is that a person wraps a garment in such a way that his hands are completely enclosed within it.
In this, a person may fall with even a slight stumble.
Since this is a dangerous way of wearing clothing, it has been prohibited.
Ihtiba’ is when a sheet is worn as a lower garment (tehband), and then a part of it is thrown over the shoulders.
Since there is a high possibility of becoming exposed (naked) in this, it is also prohibited.
A complete discussion of this will come in the Book of Clothing (Kitab al-Libas).
In sha Allah.

Explanation:
1:
According to the linguists, "samma’" is when a person wraps his body with a sheet in such a way that, when needed, he cannot even take out his hand.
According to the jurists (fuqaha), "samma’" is when a person wraps a single sheet around his body and lifts one edge of it to place it on his shoulder, which causes his private parts (‘awrah) to become exposed.
And "ihtiba’" is when a person sits on his buttocks with both legs upright and wraps a cloth over himself in such a way that nothing covers his private parts.

Benefits and Issues:
The reason for the impermissibility and prohibition of these forms is due to nudity. As for the second form, one possible explanation is that sometimes arrogant types of people walk with the edges of their cloaks thrown over their shoulders in a haughty manner, so resemblance to them has been prohibited.

Commentary:
Benefits and Issues:
(The meaning of "ishtimal as-samma’")
and ("ihtiba’")
has already been explained in the translation and benefits of the previous hadith.

Hadith Authentication:
[وأخرجه البخاري 5821، من حديث مالك به، ورواه مسلم 1511، من حديث ابي الزناد به مختصراً جداً]

Jurisprudential Explanation: :
➊ "Mulamasa" refers to a transaction (sale) in which a person buys a cloth merely by touching it, without unfolding or inspecting it. Similarly, purchasing an item in the dark or by only touching it without seeing it is also called "mulamasa." Since there is a risk of loss to one party in such a transaction, it is not permissible.
➋ "Munabadhah" refers to a transaction in which the shopkeeper throws his cloth (or other item) towards the customer, who is then bound to the sale without being able to unfold or inspect it. Such transactions were prevalent in the pre-Islamic era (Jahiliyyah), in which one party would suffer a loss; therefore, Islam has prohibited such business practices.
➌ The religion of Islam is a complete and perfect religion in which guidance is provided for every aspect of life.
➍ Trade is not the name of deception, but rather it is defined by truthfulness and trustworthiness.
➎ It is obligatory to cover the private parts (awrah) from everyone except one's wife and slave women.
➏ Islam pays special attention to modesty and chastity, and this is the natural religion (din al-fitrah).
➐ It is not permissible to expose the shoulder during prayer. See: [صحيح بخاري 359، وصحيح مسلم 516، دارالسلام : 1151]
➑ Sayyiduna Anas bin Malik radi Allahu anhu used to say that he saw Umar bin al-Khattab (radi Allahu anhu), when he was the Commander of the Faithful, and there were three patches, one above the other, on his shirt between his shoulders. [الموطأ النسخة الباكستانيه ص711، واللفظ له دوسرا نسخه 2/918 ح1771، وسنده صحيح]