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مسند اسحاق بن راهويه
Musnad Ishaq
كتاب البيوعBook of Transactions
Buying and selling of animals with withheld milk
Hadith 435
اُردوEn
أَخْبَرَنَا النَّضْرُ، نا عَوْفٌ، عَنْ خِلَاسِ بْنِ عَمْرٍو، وَمُحَمَّدٍ، عَنْ أَبِي هُرَيْرَةَ، عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: ((مَنِ اشْتَرَى لِقْحَةً مُصَرَّاةً أَوْ شَاةً مُصَرَّاةً فَحَلَبَهَا فَهُوَ بِأَحَدِ النَّظَرَيْنِ، إِنْ شَاءَ أَخَذَهَا وَإِنْ شَاءَ رَدَّهَا وَمَعَهَا إِنَاءٌ مِنْ طَعَامٍ)) ، قَالَ عَوْفٌ: وَذَلِكَ إِذَا نَقَصَ مِنْ لَبَنِهَا وَقَالَ الْحَسَنُ: قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مِثْلَهُ.
Sayyiduna Abu Huraira (may Allah be pleased with him) narrated from the Messenger of Allah (peace and blessings be upon him), he (peace be upon him) said: "Whoever buys a she-camel or a goat whose udders have been tied up (to accumulate milk), and then he milks it, he has the right to choose between two options: if he wishes, he may keep it, and if he wishes, he may return it and give along with it a container full of grain." ‘Awf narrated: This is when there is a deficiency in its milk. Hasan (may Allah have mercy on him) narrated that the Messenger of Allah (peace and blessings be upon him) said the same.
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
From the aforementioned hadith, it is understood that it is forbidden (haram) to withhold milk in the udders of a she-camel, cow, buffalo, goat, etc., in order to deceive the buyer. And if someone does so, the buyer has the option to return the animal within three days. As the Noble Prophet sallallahu alayhi wa sallam said: “Whoever buys a goat whose milk has been withheld, he has the option for three days; if he wishes, he may return it, and along with it, he should return one sa‘ (a measure) of food.” (Muslim, Kitab al-Buyu‘, no. 1524. Sunan Abi Dawud, no. 344)
One sa‘ of food has been prescribed to resolve the dispute between them, because at the time of purchase, some milk was already withheld in the udders, and some was produced after the animal came to the buyer. Now, it is difficult to distinguish how much milk was bought with the animal and how much was produced later, and this difficulty has been resolved by stipulating one sa‘ of dates. The position of Sayyiduna ‘Abdullah ibn Mas‘ud, Sayyiduna Abu Hurayrah radi Allahu anhuma, the majority of scholars, Companions, and Followers (Tabi‘in) is in accordance with this hadith.
However, the Hanafis have said that due to this defect, there is neither any option to annul the sale nor is it obligatory to return one sa‘ of dates. (Bidayat al-Mujtahid: 2/144. Al-Mughni: 6/216. Kitab al-Umm: 3/82)
To reject the aforementioned hadith, the Hanafis have presented the excuse that the narrator of this hadith, Sayyiduna Abu Hurayrah radi Allahu anhu, was not a jurist (faqih). Therefore, his narration which goes against clear analogy (qiyas jali) will not be accepted. In reality, this narration is entirely in accordance with analogy, and its narrator Abu Hurayrah is titled Faqih al-A’immah (the jurist of the Imams), and this hadith is neither irregular (mudtarib) nor abrogated (mansukh). (I‘lam al-Muwaqqi‘in: 2/220)
However, this hadith has also been narrated by Sayyiduna ‘Abdullah ibn Mas‘ud radi Allahu anhu, and he also issued a fatwa in accordance with it, who, according to the Hanafis, was an Imam in jurisprudence (fiqh) and independent reasoning (ijtihad). (See: Fath al-Bari: 5/102, 106. Nayl al-Awtar: 3/598)
From the aforementioned hadith, it is understood that it is forbidden (haram) to withhold milk in the udders of a she-camel, cow, buffalo, goat, etc., in order to deceive the buyer. And if someone does so, the buyer has the option to return the animal within three days. As the Noble Prophet sallallahu alayhi wa sallam said: “Whoever buys a goat whose milk has been withheld, he has the option for three days; if he wishes, he may return it, and along with it, he should return one sa‘ (a measure) of food.” (Muslim, Kitab al-Buyu‘, no. 1524. Sunan Abi Dawud, no. 344)
One sa‘ of food has been prescribed to resolve the dispute between them, because at the time of purchase, some milk was already withheld in the udders, and some was produced after the animal came to the buyer. Now, it is difficult to distinguish how much milk was bought with the animal and how much was produced later, and this difficulty has been resolved by stipulating one sa‘ of dates. The position of Sayyiduna ‘Abdullah ibn Mas‘ud, Sayyiduna Abu Hurayrah radi Allahu anhuma, the majority of scholars, Companions, and Followers (Tabi‘in) is in accordance with this hadith.
However, the Hanafis have said that due to this defect, there is neither any option to annul the sale nor is it obligatory to return one sa‘ of dates. (Bidayat al-Mujtahid: 2/144. Al-Mughni: 6/216. Kitab al-Umm: 3/82)
To reject the aforementioned hadith, the Hanafis have presented the excuse that the narrator of this hadith, Sayyiduna Abu Hurayrah radi Allahu anhu, was not a jurist (faqih). Therefore, his narration which goes against clear analogy (qiyas jali) will not be accepted. In reality, this narration is entirely in accordance with analogy, and its narrator Abu Hurayrah is titled Faqih al-A’immah (the jurist of the Imams), and this hadith is neither irregular (mudtarib) nor abrogated (mansukh). (I‘lam al-Muwaqqi‘in: 2/220)
However, this hadith has also been narrated by Sayyiduna ‘Abdullah ibn Mas‘ud radi Allahu anhu, and he also issued a fatwa in accordance with it, who, according to the Hanafis, was an Imam in jurisprudence (fiqh) and independent reasoning (ijtihad). (See: Fath al-Bari: 5/102, 106. Nayl al-Awtar: 3/598)
Source: Musnad Ishaq bin Rahwayh, Page: 435
