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مسند اسحاق بن راهويه
Musnad Ishaq
كتاب البيوعBook of Transactions
Prohibition of making a sale over another’s sale
Hadith 437
اُردوEn
أَخْبَرَنَا مُوسَى الْقَارِيُّ، نا الْمُفَضَّلُ، عَنِ الْأَوْزَاعِيِّ، قَالَ: سَمِعْتُ أَبَا كَثِيرٍ، يَقُولُ: سَمِعْتُ أَبَا هُرَيْرَةَ، يَقُولُ: قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: ((لَا يَسْتَامُ الرَّجُلُ عَلَى سَوْمِ أَخِيهِ حَتَّى يَشْتَرِيَ أَوْ يَتْرُكَ، وَلَا يَخْطُبُ الرَّجُلُ عَلَى خِطْبَةِ أَخِيهِ حَتَّى يَنْكِحَ أَوْ يَرُدَّ، وَلَا تَسَأَلُ الْمَرْأَةُ طَلَاقَ أُخْتِهَا لِتُفْرِغَ صَحْفَتَهَا؛ فَإِنَّ الْمُسْلِمَةَ أُخْتُ الْمُسْلِمَةِ)).
Sayyiduna Abu Huraira (may Allah be pleased with him) narrates that the Messenger of Allah (peace and blessings be upon him) said: "A man should not bid over the bid of his (Muslim) brother until he buys or leaves it; a man should not propose marriage over the proposal of his brother until he marries or receives a response; a woman should not demand the divorce of her (Muslim) sister so that she may empty her plate (vessel), for a Muslim woman is the sister of a Muslim woman."
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
➊ From the mentioned hadith, it is understood that one should not conduct a sale over another’s sale. This is in the manner that two people have finalized a transaction and have given an option that for a certain number of days, you have the choice to return it or keep it, or similarly, the seller says that if I wish, I can take the item back from you within a certain number of days. Then, another person comes to the buyer and says, “Return this item, I will give you a better one than this,” or, “I will give you a similar item for a cheaper price,” or similarly, he says to the owner, “Take your item back, and I will buy it from you for a higher price.” This is not permissible.
Hafiz Ibn Hajar rahimahullah states that there is no difference of opinion regarding its prohibition. (Fath al-Bari: 5/88)
➋ ... It is understood that proposing over someone else’s proposal (engagement) is forbidden. This is in the case where a man sends a marriage proposal to a household, and both families agree, with only the marriage contract (nikah) remaining, then another man sends a proposal and says, “Leave the previous proposal and marry me.” Doing so is prohibited. The second man is only permitted to send a proposal if the first man withdraws his proposal or gives permission, as is mentioned in the hadith: ((حَتَّی یَتْرُكَ الْخَاطِبُ قَبْلَهٗ اَوْ یَاْذَنَ لَهٗ الْخَاطِبُ)) (Bukhari, Kitab al-Nikah, No: 5142) ... “Until the one who sent the proposal before him withdraws his intention, or gives him permission to send a proposal, then it is permissible.”
Imam Nawawi rahimahullah, in his commentary on the mentioned hadith, states: This (hadith and all such) ahadith indicate the prohibition of proposing over the proposal of one’s brother. (Sharh Muslim, by al-Nawawi: 5/214)
➌ ... No woman should demand the divorce of her Muslim sister. There are two forms of this, which are as follows: 1. That a man wishes to marry a woman, and the woman says, “Divorce your first wife, then I will marry you.” In doing so, she is violating the rights of the first wife. 2. The second is that a woman demands the divorce of her co-wife, with the intention that the facilities and expenses provided by the husband to the co-wife should also come to her. Doing so is also forbidden.
➊ From the mentioned hadith, it is understood that one should not conduct a sale over another’s sale. This is in the manner that two people have finalized a transaction and have given an option that for a certain number of days, you have the choice to return it or keep it, or similarly, the seller says that if I wish, I can take the item back from you within a certain number of days. Then, another person comes to the buyer and says, “Return this item, I will give you a better one than this,” or, “I will give you a similar item for a cheaper price,” or similarly, he says to the owner, “Take your item back, and I will buy it from you for a higher price.” This is not permissible.
Hafiz Ibn Hajar rahimahullah states that there is no difference of opinion regarding its prohibition. (Fath al-Bari: 5/88)
➋ ... It is understood that proposing over someone else’s proposal (engagement) is forbidden. This is in the case where a man sends a marriage proposal to a household, and both families agree, with only the marriage contract (nikah) remaining, then another man sends a proposal and says, “Leave the previous proposal and marry me.” Doing so is prohibited. The second man is only permitted to send a proposal if the first man withdraws his proposal or gives permission, as is mentioned in the hadith: ((حَتَّی یَتْرُكَ الْخَاطِبُ قَبْلَهٗ اَوْ یَاْذَنَ لَهٗ الْخَاطِبُ)) (Bukhari, Kitab al-Nikah, No: 5142) ... “Until the one who sent the proposal before him withdraws his intention, or gives him permission to send a proposal, then it is permissible.”
Imam Nawawi rahimahullah, in his commentary on the mentioned hadith, states: This (hadith and all such) ahadith indicate the prohibition of proposing over the proposal of one’s brother. (Sharh Muslim, by al-Nawawi: 5/214)
➌ ... No woman should demand the divorce of her Muslim sister. There are two forms of this, which are as follows: 1. That a man wishes to marry a woman, and the woman says, “Divorce your first wife, then I will marry you.” In doing so, she is violating the rights of the first wife. 2. The second is that a woman demands the divorce of her co-wife, with the intention that the facilities and expenses provided by the husband to the co-wife should also come to her. Doing so is also forbidden.
Source: Musnad Ishaq bin Rahwayh, Page: 437
