صحيح مسلم
Muslim
كتاب المساقاةThe Book of Musaqah
باب بَيْعِ الطَّعَامِ مِثْلاً بِمِثْلٍ:Chapter: Selling Food Like for Like
حَدَّثَنَا إِسْحَاق بْنُ إِبْرَاهِيمَ ، أَخْبَرَنَا عَبْدُ الْأَعْلَى ، أَخْبَرَنَا دَاوُدُ ، عَنْ أَبِي نَضْرَةَ ، قَالَ : " سَأَلْتُ ابْنَ عُمَرَ ، وَابْنَ عَبَّاسٍ ، عَنِ الصَّرْفِ ، فَلَمْ يَرَيَا بِهِ بَأْسًا ، فَإِنِّي لَقَاعِدٌ عِنْدَ أَبِي سَعِيدٍ الْخُدْرِيِّ ، فَسَأَلْتُهُ عَنِ الصَّرْفِ ، فَقَالَ : مَا زَادَ فَهُوَ رِبًا ، فَأَنْكَرْتُ ذَلِكَ لِقَوْلِهِمَا ، فَقَالَ : لَا أُحَدِّثُكَ إِلَّا مَا سَمِعْتُ مِنْ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، جَاءَهُ صَاحِبُ نَخْلِهِ بِصَاعٍ مِنْ تَمْرٍ طَيِّبٍ وَكَانَ تَمْرُ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ هَذَا اللَّوْنَ ، فَقَالَ لَهُ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : أَنَّى لَكَ هَذَا ، قَالَ : انْطَلَقْتُ بِصَاعَيْنِ فَاشْتَرَيْتُ بِهِ هَذَا الصَّاعَ ، فَإِنَّ سِعْرَ هَذَا فِي السُّوقِ كَذَا وَسِعْرَ هَذَا كَذَا ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : وَيْلَكَ أَرْبَيْتَ إِذَا أَرَدْتَ ذَلِكَ ، فَبِعْ تَمْرَكَ بِسِلْعَةٍ ثُمَّ اشْتَرِ بِسِلْعَتِكَ أَيَّ تَمْرٍ شِئْتَ " ، قَالَ أَبُو سَعِيدٍ : فَالتَّمْرُ بِالتَّمْرِ أَحَقُّ أَنْ يَكُونَ رِبًا ، أَمْ الْفِضَّةُ بِالْفِضَّةِ ، قَالَ : فَأَتَيْتُ ابْنَ عُمَرَ بَعْدُ ، فَنَهَانِي وَلَمْ آتِ ابْنَ عَبَّاسٍ ، قَالَ : فَحَدَّثَنِي أَبُو الصَّهْبَاءِ أَنَّهُ سَأَلَ ابْنَ عَبَّاسٍ عَنْهُ بِمَكَّةَ فَكَرِهَهُ .
Abu Nadra reported: I asked Ibn 'Umar (RA) and Ibn Abbas (RA) about the conversion of gold with gold but they did not find any harm in that. I was sitting in the company of Abd Sa'id al-Khudri (RA) and asked him about this exchange, and he said: Whatever is addition is an' interest. I refused to accept it on account of their statement (statement of Ibn 'Abbas and Ibn 'Umar). He said: I am not narrating to you except what I heard from Allah's Messenger (ﷺ) . There came to him the owner of a date-palm with one sa' of fine dates, and the dates of Allah's Apostle (ﷺ) were of that colour. Allah's Apostle (ﷺ) said to him: Where did you get these dates? I went with two sa's of (inferior dates) and bought one sa' of (these fine dates), for that is the prevailing price (of inferior dates) in the market and that is the price (of the fine quality of dates in the market), whereupon Allah's Messenger (ﷺ) said: Woe be upon you! You have dealt in interest, when you decide to do it (i. e. exchange superior quality of dates for inferior quality) ; so you should sell your dates for another commodity (or currency) and then with the help of that commodity buy the dates you like. Abu Sa'ad said: When dates are exchanged for dates (with different qualities) there is the possibility (of the element of) interest (creeping into that) or when gold is exchanged for gold having different qualities. I subsequently came to Ibn 'Umar and he forbade me (to do it), but I did not come to Ibn 'Abbas; (RA) . He (the narrator) said: Abu as-Sahba' narrated to me: He asked Ibn Abbas (RA) in Makkah, and he too disapproved of it.
Related hadith on this topic
Explanation & Benefits
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: Abu Sabha, who is a student of Ibn Abbas (radi Allahu anhuma),
from his statement it is established that Ibn Abbas (radi Allahu anhuma) also retracted his position just as Ibn Umar (radi Allahu anhuma) did.
from his statement it is established that Ibn Abbas (radi Allahu anhuma) also retracted his position just as Ibn Umar (radi Allahu anhuma) did.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 4087
Maulana Dawood Raz
Hadith Commentary: Hafiz (rahimahullah) said that the one who was appointed as the administrator (ʿāmil) over Khaybar was Suwad bin Ghaziyyah (radi Allahu anhu).
It is understood from this that any commodity, even if it is of inferior quality, must be weighed equally with the superior quality commodity when exchanging.
Otherwise, the inferior item should be sold separately and with its money, the superior commodity should be purchased.
It is understood from this that any commodity, even if it is of inferior quality, must be weighed equally with the superior quality commodity when exchanging.
Otherwise, the inferior item should be sold separately and with its money, the superior commodity should be purchased.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2303
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The exchange of gold, silver, and currency is called sarf (currency exchange).
In this transaction, there may be a misconception that perhaps agency (wakalah) is not permissible in it, because in this sale, it is not permissible to separate (tafaruq) before taking possession (qabdh) of both counter-values (gold or silver). In agency, the principal (mu’akkil) 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 (wakil) 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 sarf is permissible through agency, 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 take one sa‘ (measure) in exchange for two sa‘, but 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 sa‘ in exchange for two sa‘, it is understood that the sale of dirhams for dirhams and dinars for dinars is also subject to the same ruling.
The meaning of agency (tawkil) is also clear in this, because the Messenger of Allah sallallahu alayhi wa sallam appointed the worker of Khaybar as an agent (wakil) to act in this manner.
(1)
The exchange of gold, silver, and currency is called sarf (currency exchange).
In this transaction, there may be a misconception that perhaps agency (wakalah) is not permissible in it, because in this sale, it is not permissible to separate (tafaruq) before taking possession (qabdh) of both counter-values (gold or silver). In agency, the principal (mu’akkil) 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 (wakil) 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 sarf is permissible through agency, 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 take one sa‘ (measure) in exchange for two sa‘, but 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 sa‘ in exchange for two sa‘, it is understood that the sale of dirhams for dirhams and dinars for dinars is also subject to the same ruling.
The meaning of agency (tawkil) is also clear in this, because the Messenger of Allah sallallahu alayhi wa sallam appointed the worker of Khaybar as an agent (wakil) to act in this manner.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2303
Maulana Dawood Raz
Hadith Commentary: The purpose of Imam Bukhari rahimahullah is to clarify that the sale of such mixed dates is permissible because whatever defect exists in them is apparent, and whatever quality exists is also apparent—there is no deception involved. Therefore, such mixed dates can be sold.
The guidance that the Prophet sallallahu alayhi wa sallam gave regarding this is evident from the hadith.
The guidance that the Prophet sallallahu alayhi wa sallam gave regarding this is evident from the hadith.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2080
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
This ruling applies to all edible items.
When an exchange is made between items of the same kind, neither excess nor deferment is permissible. However, at this point, the purpose of Imam Bukhari rahimahullah is to show that the sale of such mixed dates is permissible because whatever defect exists in them is apparent, and whatever excellence there is, that too is clear.
There is no deception or fraud involved; therefore, such mixed dates can be sold. However, the guidance of the Messenger of Allah sallallahu alayhi wa sallam, as stated in the hadith, must be kept in mind, because whether the dates are of the "ruwi" type or of a superior quality, all are of the same kind, and it is not permissible to take profit in an exchange of the same kind.
Hafiz Ibn Hajar rahimahullah has written:
What is meant here is a heap of mixed types of dates, but if such dates are packed in such a way that the superior dates are visible and the "ruwi" dates are hidden from sight, then in that case their sale will not be permissible.
(Fath al-Bari: 4/394)
This ruling applies to all edible items.
When an exchange is made between items of the same kind, neither excess nor deferment is permissible. However, at this point, the purpose of Imam Bukhari rahimahullah is to show that the sale of such mixed dates is permissible because whatever defect exists in them is apparent, and whatever excellence there is, that too is clear.
There is no deception or fraud involved; therefore, such mixed dates can be sold. However, the guidance of the Messenger of Allah sallallahu alayhi wa sallam, as stated in the hadith, must be kept in mind, because whether the dates are of the "ruwi" type or of a superior quality, all are of the same kind, and it is not permissible to take profit in an exchange of the same kind.
Hafiz Ibn Hajar rahimahullah has written:
What is meant here is a heap of mixed types of dates, but if such dates are packed in such a way that the superior dates are visible and the "ruwi" dates are hidden from sight, then in that case their sale will not be permissible.
(Fath al-Bari: 4/394)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2080
Hafiz Muhammad Ameen
Urdu marginal note:
"Thick, plump dates" refers to the dates of those trees which received abundant water. Obviously, such dates would be like this, and those trees which did not receive water, they would obtain their nourishment only from the water in the ground. Clearly, the dates from such trees would be dry.
"Thick, plump dates" refers to the dates of those trees which received abundant water. Obviously, such dates would be like this, and those trees which did not receive water, they would obtain their nourishment only from the water in the ground. Clearly, the dates from such trees would be dry.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4558
Maulana Ataullah Sajid
Benefits and Issues:
➊
The exchange of dates for dates with a difference in weight is not permissible. Similarly, if items are of the same kind, their mutual exchange with a difference in weight is not permissible.
➋
In the Prophetic era, various types of dirhams and dinars were in circulation, but every dirham was considered equal to another dirham, and likewise, one type of dinar was considered equal to another type of dinar. Therefore, minor differences in their weight were overlooked.
➌
The exchange of old and new currency notes, or exchanging a large denomination note for smaller denomination notes, should be on the basis of equality. To give one hundred and ten rupees in old notes in exchange for new one hundred rupee notes, or to receive fewer one-rupee notes or coins in exchange for a one hundred rupee note, is not permissible, because in the market, there is no difference in value between new and old notes or coins for buying and selling.
➊
The exchange of dates for dates with a difference in weight is not permissible. Similarly, if items are of the same kind, their mutual exchange with a difference in weight is not permissible.
➋
In the Prophetic era, various types of dirhams and dinars were in circulation, but every dirham was considered equal to another dirham, and likewise, one type of dinar was considered equal to another type of dinar. Therefore, minor differences in their weight were overlooked.
➌
The exchange of old and new currency notes, or exchanging a large denomination note for smaller denomination notes, should be on the basis of equality. To give one hundred and ten rupees in old notes in exchange for new one hundred rupee notes, or to receive fewer one-rupee notes or coins in exchange for a one hundred rupee note, is not permissible, because in the market, there is no difference in value between new and old notes or coins for buying and selling.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2256
