Muslim

Hadith Commentary:
Vocabulary of the Hadith:
Jannib:
Superior or selected dates.

(2)
Jam‘:
Mixed; good and inferior (dates) mixed together.

Benefits and Issues:
The individual from Banu ‘Adi whom the Prophet (sallallahu alayhi wa sallam) had sent, due to lack of knowledge and unfamiliarity and ignorance, made an increase or decrease in measure between different types and varieties of the same kind (of dates). So the Prophet (sallallahu alayhi wa sallam) forbade him from this action, that items of the same kind which are related to food, it is permissible to exchange their superior and inferior types only in equal measure, or else one must sell the inferior type and then purchase the superior type with that price. It is evident that in the latter case, the quantity in terms of measure or weight will usually be less, but this will not be a transaction of riba (usury/interest).

Hadith Commentary:
➊
The region of Khaybar was very fertile, and its land was agricultural and suitable for orchards.
After its conquest, this area was given to the Jews on a sharecropping basis.
To collect the share of the produce from there, the Messenger of Allah (sallallahu alayhi wa sallam) appointed a person, who collected the share in such a manner that it encouraged trade and transport.
He brought dates from there as a gift for the Messenger of Allah (sallallahu alayhi wa sallam), so the Messenger of Allah (sallallahu alayhi wa sallam) gave him the aforementioned instruction.

➋
From this hadith, it is understood that if a legal device (hiylah) is used to avoid something unlawful (haram), then it is permissible, as the Messenger of Allah (sallallahu alayhi wa sallam) himself taught him such a legal device.
At times, doing so to avoid the unlawful is recommended (mustahabb), rather, it becomes obligatory (wajib).

➌
A precedent for using a legal device (hiylah) is mentioned in the Qur'an itself in the incident of Prophet Ayyub (alayhis salam).

However, if a legal device is used to avoid an obligation (wajib), then doing so is not permissible and is unlawful (haram), such as transferring jewelry in the wife's name for six months and in the husband's name for six months, so that a full year does not pass in the ownership of either, and thus zakat does not become obligatory on it.
Doing so is impermissible and unlawful (haram).

The Noble Qur'an has condemned such types of legal devices, as is evident from the incident of those who caught fish on the seashore.

Hadith Commentary:
In this way, one will remain safe from interest (riba).
Similarly, if there is a need to exchange one quantity of gold for another in unequal amounts, then first sell the gold for cash or goods.
Then, in exchange for the cash or goods, acquire the other gold.
Hafiz (rahimahullah) states:
"And in the hadith is the permissibility of choosing good food, and the permissibility of agency (wakalah) in sales and other matters, and in it is that invalid sales are to be rejected." That is, this hadith proves that it is permissible to prefer good grain, and that agency in sales and similar matters is valid, and also that an invalid sale can be rejected.

In this hadith, there is mention of Khaybar, which was a Jewish settlement located three or four stages (marahil) to the northeast of Madinah Sharif.
At this place, the Jewish tribes of Madinah were exiled due to their continuous treachery and incitement of sedition.
After coming here, they, along with other Jews, were constantly devising schemes for the eradication of Islam.
Thus, Khaybar had become a center of general agitation and unrest.
To crush these repeated wrongful attempts and to establish peace there, the Messenger of Allah (sallallahu alayhi wa sallam) set out in Muharram of the 7th year of Hijrah with fourteen hundred devoted Companions (radi Allahu anhum).
Upon receiving this news, the Jews of Khaybar sent their envoys and messengers to all the Arab tribes seeking assistance, but only Banu Fazarah came in the name of support.
Even they, finding an opportunity, plundered the camels of the Muslims and fled, leaving the Jews alone.
A fierce battle ensued; in the end, Allah the Exalted granted His true Messenger (sallallahu alayhi wa sallam) a clear victory, and the Jews suffered a crushing defeat.

There were also various Jewish settlements in the surrounding areas.
The inhabitants of Wateeh, Salalim, Fadak, etc., themselves surrendered to the Noble Messenger (sallallahu alayhi wa sallam) and sought pardon.
The Messenger of Allah (sallallahu alayhi wa sallam), with great generosity, pardoned all of them; no interference was made in their movable or immovable property.
They were also granted complete religious freedom, and the responsibility for their protection was taken in exchange for half the produce of the land.
And a person was appointed as a collector (tax officer) for the collection of grain from there.
This is what is mentioned in this hadith, and this transaction of sale also pertains to that collector.
Further details will come at their appropriate place.

Hadith Commentary:
(1)
In light of this hadith, such stratagems (hiyal) in usurious (riba) transactions have been deemed permissible. For example: if there is a need to exchange gold of a higher quality for gold of a lower carat with an increase or decrease, then first the higher quality gold should be sold for cash, and then with that cash, the other gold should be purchased. The exchange of like-for-like items with an increase or decrease is usury (riba), even if it is done on the spot (hand to hand). The Messenger of Allah (sallallahu alayhi wa sallam) forbade this and commanded that the exchange be equal for equal, as is mentioned in a narration of Sahih Muslim.
(Sahih Muslim, al-Musaqat, Hadith: 4081(1593))
The Messenger of Allah (sallallahu alayhi wa sallam) declared such a transaction to be riba and ordered it to be returned, as is explicitly stated in a narration from Abu Sa'id al-Khudri (radi Allahu anhu).
(Sahih Muslim, al-Musaqat, Hadith: 4083(1594))
A similar incident is also narrated from Bilal (radi Allahu anhu), regarding which the Messenger of Allah (sallallahu alayhi wa sallam) said:
"Alas! This is exactly riba, do not do this again."
(Sahih Muslim, al-Musaqat, Hadith: 4087(1594))
Regarding the mutual buying and selling of like-for-like items, a common question nowadays is: if one type, for example, dates, is of a better quality and the other is of a lesser quality, as in the aforementioned incident, then how can it be just to keep both quantities equal when Islam has commanded us to act with justice and fairness? The answer is that every type of date or wheat, fundamentally, satisfies human hunger; merely due to diversity or difference in taste, there is room for exchange, but in terms of satisfying hunger, both are equal.
On this basis, at the time of exchange, the quantities of both should be kept equal.
This is what justice and fairness demand.
If someone thinks that in fulfilling nutritional needs, one type is better than the other, and therefore, the difference should be considered at the time of exchange, then the common person does not possess any instrument or scale that can, in accordance with justice and fairness, accurately determine the quantities of both qualities at the time of exchange. Therefore, the Messenger of Allah (sallallahu alayhi wa sallam) provided the solution that the price of the inferior quality should be determined in cash and sold for that agreed cash amount, then the price of the superior quality should also be determined in cash and purchased for that cash amount.
In this way, the requirements of justice and fairness will be truly fulfilled.
The difference in quality cannot be determined by weight or measure, but can be determined by price; for determining quality, price is the most impartial and appropriate means.
If the method of price is not adopted, and instead, one tries to manage merely by increasing or decreasing the weight, then the right of one of the parties will certainly be violated.
If weight is made the standard for determining the difference in quality, then the requirements of mutual consent will also not be fulfilled, which is necessary for the validity of a sale.
And Allah knows best.
(2)
The author of Tadabbur-e-Qur'an, as per his habit, has also engaged in confusion at this point.
His knowledge of hadith is such that he has written:
"The Messenger of Allah (sallallahu alayhi wa sallam) did not command that the exchange of dates must be in equal quantities."
(Tadabbur Hadith: 1/486)
Whereas, in one narration, it is explicitly stated that the Messenger of Allah (sallallahu alayhi wa sallam) said:
"Do not do this, rather keep the quantities equal, or sell one for a price and then buy the other dates with that price."
(Sahih al-Bukhari, al-I'tisam, Hadith: 7351, 7350)

Hadith Commentary:
➊
Imam Bukhari rahimahullah has established a similar chapter heading in the Book of Rulings (Kitab al-Ahkam) with these words:
(Bab: If a judge passes a judgment based on injustice or contrary to the people of knowledge, then it is rejected)
“When a judge gives a verdict that is contrary to the people of knowledge or based on injustice, then it is rejected.”
(Sahih al-Bukhari, al-Ahkam, Chapter: No. 35)
This is not repetition; rather, the first heading concerns rejecting judgments that are against consensus (ijma‘), and the aforementioned heading concerns rejecting judgments that are against the Sunnah.

➋
The purpose of Imam Bukhari rahimahullah is that if someone gives a judgment contrary to the Sunnah, whether due to ignorance or mistake, then after the truth becomes clear, it is necessary to retract from it, because Allah the Exalted has made obedience to the Messenger of Allah sallallahu alayhi wa sallam obligatory.
There are so many rulings of the noble Companions radi Allahu anhum ajma‘in that, after the truth became clear to them, they retracted and abandoned their incorrect position.
Hafiz Ibn Hajar rahimahullah says:
The relevance of this hadith to the chapter heading is that a Companion exercised ijtihad and, by giving inferior dates, took a lesser quantity and received superior dates, but the Messenger of Allah sallallahu alayhi wa sallam declared his action to be incorrect, even though he was considered excused due to his ijtihad.
In one narration, the Messenger of Allah sallallahu alayhi wa sallam said:
“Oh! This is pure usury (riba). Do not do this. Do not do such a thing in the future,” meaning, he sallallahu alayhi wa sallam did not uphold his action but rather declared it wrong and rejected it.
(Sahih al-Bukhari, al-Wakala, Hadith: 2312 and Fath al-Bari: 13/389)

(1) To exchange dates for dates with an increase or decrease (in quantity) is prohibited, regardless of how superior and excellent one type of date is and how inferior the other may be.

(2) This hadith explicitly indicates that engaging in usurious transactions is absolutely forbidden, and any such transaction will not be valid.

(3) In some matters, a person who commits a prohibited act will be considered excused until he becomes aware of its prohibition. It should be remembered that ignorance as an excuse is not absolutely acceptable; however, in certain matters which the pure Shariah and common custom take into consideration, such an excuse will be accepted.

(4) This blessed hadith refutes the self-invented asceticism of certain Sufis who avoid using good things and, in their false assumption, consider this to be piety, subjecting themselves to hardship and calling it self-mortification. Who could be a greater worshipper and ascetic than the Messenger of Allah (sallallahu alayhi wa sallam) and the noble Companions (radi Allahu anhum)? Yet, despite this, they preferred and purchased good and excellent dates for their own use in exchange for inferior dates.

(5) The Imam and a person with religious and spiritual responsibility should especially give importance to matters of religion. Those who are unaware of them should be taught, and they should be warned against unlawful and prohibited matters and guided towards lawful, permissible, and halal matters, just as the Messenger of Allah (sallallahu alayhi wa sallam) guided his Companion, turning him away from the prohibited act and showing him the path to what is lawful.

(6) This hadith is an explicit proof for the prohibition of riba al-fadl (usury through excess).

(7) One should continue to assist a person who is entangled in doubts and uncertainties in his search for the truth until the truth becomes clear to him.

(8) Janib was a superior type of date, and "jamm'" was an inferior date that did not contain a pit. Or, by "jamm'" is meant mixed dates, some of one kind and some of another, as is common in charity and ushr (tithe). Since in Khaybar, shares were also collected from all types of dates, they were therefore mixed.

Hadith Commentary:
In this way, one will remain safe from interest (riba).
Similarly, if there is a need to exchange one quantity of gold for another in unequal amounts, then the first gold should be sold in exchange for cash or goods.
Then, with that cash or goods, the second gold should be purchased.
Hafiz (rahimahullah) states:
And in the hadith is the permissibility of choosing good food, and the permissibility of agency (wakalah) in selling and other matters, and in it is that invalid sales are to be rejected, i.e., from this hadith it is established that it is permissible to prefer good grain, and that agency in sales and similar matters is valid, and also that an invalid sale can be rejected.

In this hadith, there is mention of Khaybar, which was a Jewish settlement located three or four stages (marhalah) to the northeast of Madinah Sharif.
At this place, the Jewish tribes of Madinah were exiled due to their continuous treachery and incitement of sedition.
After coming here, they, along with other Jews, were constantly plotting for the eradication of Islam.
Thus, Khaybar had become a center of general agitation and unrest.
To crush these repeated wrongful attempts and to establish peace there, the Messenger of Allah (sallallahu alayhi wa sallam) set out in Muharram of the 7th year of Hijrah with fourteen hundred devoted Companions (radi Allahu anhum).
Upon receiving this news, the Jews of Khaybar sent their envoys and messengers to all the Arab tribes seeking assistance, but only Banu Fazarah came in the name of support.
Even they, finding an opportunity, plundered the Muslims’ herds of camels and fled, leaving the Jews alone.
A fierce battle ensued; in the end, Allah the Exalted granted His true Messenger (sallallahu alayhi wa sallam) a clear victory, and the Jews suffered a crushing defeat.

There were also various Jewish settlements in the surrounding areas.
The inhabitants of Wateeh, Salalim, Fadak, etc., themselves surrendered to the Noble Messenger (sallallahu alayhi wa sallam) and sought pardon.
The Messenger of Allah (sallallahu alayhi wa sallam), with great generosity, pardoned all of them; there was no interference in their movable or immovable property.
They were also granted complete religious freedom, and the responsibility for their protection was taken in exchange for half the produce of the land.
And a person was appointed as a collector (tax officer) for the collection of grain from there.
This is what is mentioned in this hadith, and this transaction of sale also pertains to that collector.
Further details will come at their appropriate place.

Hadith Commentary:
(1)
In light of this hadith, such stratagems in usurious transactions have been deemed permissible. For example: if there is a need to exchange gold of a higher quality for gold of a lower carat with an increase or decrease, then first the higher quality gold should be sold for cash, and then with that cash, the other gold should be purchased. Exchanging items of the same kind with an increase or decrease is usury (riba), even if it is done hand to hand. The Messenger of Allah (sallallahu alayhi wa sallam) forbade this and commanded that the exchange be equal for equal, as is mentioned in a narration of Sahih Muslim.
(Sahih Muslim, al-Musaqat, Hadith: 4081(1593))
The Messenger of Allah (sallallahu alayhi wa sallam) declared such a transaction to be usury and ordered it to be returned. This is explicitly stated in a narration from Abu Sa'id al-Khudri (radi Allahu anhu).
(Sahih Muslim, al-Musaqat, Hadith: 4083(1594))
A similar incident is also narrated from Bilal (radi Allahu anhu), regarding which the Messenger of Allah (sallallahu alayhi wa sallam) said:
"Alas! This is exactly usury, do not do this again."
(Sahih Muslim, al-Musaqat, Hadith: 4087(1594))
Regarding the mutual buying and selling of items of the same kind, a common question nowadays is: if one type, for example, dates, is of a better quality and the other is of a lesser quality, as in the aforementioned incident, then how can it be just to keep both quantities equal when Islam has commanded us to uphold justice and fairness? The answer is that every type of date or wheat, in essence, satisfies human hunger; merely due to diversity or difference in taste, there is allowance for exchange, but in terms of quenching hunger, both are equal.
On this basis, at the time of exchange, the quantities of both should be kept equal.
This is what justice and fairness demand.
If someone thinks that in fulfilling nutritional needs, one type is better than the other, and therefore, the difference should be considered at the time of exchange, then the common person does not possess any instrument or scale that can, in accordance with justice and fairness, accurately determine the quantities of both qualities in exchange. Therefore, the Messenger of Allah (sallallahu alayhi wa sallam) provided the solution that the price of the inferior quality should be determined in cash and sold for that agreed cash amount, then the price of the superior quality should also be determined in cash and purchased for that cash amount.
In this way, the requirements of justice and fairness will be truly fulfilled.
The difference in quality cannot be determined by weight or measure, but can be determined by price; for determining quality, price is the most impartial and appropriate means.
If the method of price is not adopted, and instead, an attempt is made to settle the matter merely by increasing or decreasing the weight, then the right of one of the parties will certainly be violated.
If weight is made the standard for determining the difference in quality, then the requirements of mutual consent will also not be fulfilled, which is necessary for the validity of a sale.
And Allah knows best.
(2)
The author of Tadabbur-e-Qur'an, as per his habit, has again engaged in confusion at this point.
His knowledge of hadith is such that he has written:
"The Messenger of Allah (sallallahu alayhi wa sallam) did not command that the exchange of dates must be in equal quantities."
(Tadabbur Hadith: 1/486)
Whereas, in one narration, it is explicitly stated that the Messenger of Allah (sallallahu alayhi wa sallam) said:
"Do not do this, rather keep the quantities equal, or sell one for a price and then buy the other dates with that price."
(Sahih al-Bukhari, al-I'tisam, Hadith: 7351, 7350)

Hadith Authentication:
[وأخرجه البخاري 2201، 2202، ومسلم 95/1592، من حديث مالك به * وفي حديث يحيى بن يحيى : ”بِالدَّرَاهِمِ“]

Jurisprudential Understanding:
➊ If the commodity is of the same kind, then in trade, it is not permissible to give one commodity and take the same commodity in return in a greater or lesser amount.