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موطا امام مالك رواية ابن القاسم
Muwatta Malik (Qasim)
Issues of Buying and Selling
It is not permissible to sell cash for deferred payment with increase or decrease
Hadith 510
اُردوEn
259- مالك عن نافع عن أبى سعيد الخدري أن رسول الله صلى الله عليه وسلم قال: ”لا تبيعوا الذهب بالذهب إلا مثلا بمثل، ولا تشفوا بعضها على بعض، ولا تبيعوا الورق بالورق إلا مثلا بمثل ولا تشفوا بعضها على بعض، ولا تبيعوا منها شيئا غائبا بناجز.“
It is narrated from Sayyiduna Abu Sa'id al-Khudri (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: "Do not sell gold for gold except equal for equal, and do not give some of it more than the other; and do not sell silver for silver except equal for equal, and do not give some of it more than the other; and do not sell any of these things for deferred payment in exchange for immediate payment."
Related hadith on this topic
Explanation & Benefits
Hafiz Zubair Ali Zai
Hadith Authentication: [و اخرجه البخاري 2177، و مسلم 1584، من حديث مالك به]
Jurisprudential Explanation:
➊ Any increase in the exchange of gold and silver is forbidden, whether it is on the spot or deferred.
➋ If the commodities are different, then currency exchange is permissible, for example, giving riyals to take rupees or giving rupees to take riyals, etc.
➌ Muhammad Tahir al-Qadri (Barelvi) has quoted from Ahmad Raza Khan Barelvi that “if a person sells a ten-rupee note to another person for twelve (12) rupees on a promise of one year, then this is permissible.” [بلا سُود بنکاری/عبوری خاکہ طبع سوم جولائی 1987ء ص100]
Barelvi Sahib’s declaring this act permissible is completely incorrect; rather, the truth is that this is explicit usury (riba). Sayyiduna Fadala bin Ubaid radi Allahu anhu said: «كل قرض جر منفعته فهو وجه من وجوه الربا» Every loan that draws a benefit is one of the types of usury. [السنن الكبريٰ للبيهقي 5/350 وسنده صحيح وأخطأ من ضعفه]
Jurisprudential Explanation:
➊ Any increase in the exchange of gold and silver is forbidden, whether it is on the spot or deferred.
➋ If the commodities are different, then currency exchange is permissible, for example, giving riyals to take rupees or giving rupees to take riyals, etc.
➌ Muhammad Tahir al-Qadri (Barelvi) has quoted from Ahmad Raza Khan Barelvi that “if a person sells a ten-rupee note to another person for twelve (12) rupees on a promise of one year, then this is permissible.” [بلا سُود بنکاری/عبوری خاکہ طبع سوم جولائی 1987ء ص100]
Barelvi Sahib’s declaring this act permissible is completely incorrect; rather, the truth is that this is explicit usury (riba). Sayyiduna Fadala bin Ubaid radi Allahu anhu said: «كل قرض جر منفعته فهو وجه من وجوه الربا» Every loan that draws a benefit is one of the types of usury. [السنن الكبريٰ للبيهقي 5/350 وسنده صحيح وأخطأ من ضعفه]
Source: Muwatta Imam Malik (Narration of Ibn al-Qasim): Commentary by Zubair Ali Zai, Page: 259
Maulana Dawood Raz
Hadith Commentary:
In this hadith, there is proof for Imam Shafi‘i rahimahullah that if one person owes another dirhams as a debt, and the other owes him dinars as a debt, then their sale (exchange) is not permissible, because this is the sale of al-kali bil-kali (selling a deferred payment for another deferred payment).
That is, selling credit for credit.
And in another hadith, this is explicitly prohibited, and the authors of the Sunan have narrated from Ibn ‘Umar radi Allahu anhu that he used to sell camels in Baqi‘, sometimes selling for dinars and taking dirhams, and sometimes selling for dirhams and taking dinars.
He asked the Messenger of Allah sallallahu alayhi wa sallam about this issue, and he (sallallahu alayhi wa sallam) said: There is no objection to it,
provided that it is taken at the rate of that same day,
and that they do not separate from each other without taking (possession).
In this hadith, there is proof for Imam Shafi‘i rahimahullah that if one person owes another dirhams as a debt, and the other owes him dinars as a debt, then their sale (exchange) is not permissible, because this is the sale of al-kali bil-kali (selling a deferred payment for another deferred payment).
That is, selling credit for credit.
And in another hadith, this is explicitly prohibited, and the authors of the Sunan have narrated from Ibn ‘Umar radi Allahu anhu that he used to sell camels in Baqi‘, sometimes selling for dinars and taking dirhams, and sometimes selling for dirhams and taking dinars.
He asked the Messenger of Allah sallallahu alayhi wa sallam about this issue, and he (sallallahu alayhi wa sallam) said: There is no objection to it,
provided that it is taken at the rate of that same day,
and that they do not separate from each other without taking (possession).
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2177
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Hafiz Ibn Hajar rahimahullah states:
By "mithlu dhalik" (like that), it is meant that Abu Sa'id al-Khudri radi Allahu anhu narrated the hadith in a manner similar to the one narrated from Umar radi Allahu anhu, as is evident from the narration of Isma'ili.
In it, there is explicit mention that the content of Abu Sa'id al-Khudri's radi Allahu anhu hadith was the same as that of the hadith narrated from Umar radi Allahu anhu, and furthermore, this incident occurred with Ibn Umar radi Allahu anhu.
There is also an incident of Abu Sa'id al-Khudri radi Allahu anhu with Ibn Abbas radi Allahu anhu, which will be mentioned later (Hadith: 2178, 2179).
(2)
It should be noted that if a person is owed dirhams by someone, and another person is owed dinars by him, then these two cannot engage in buying and selling dirhams and dinars with each other. This is because if it is not permissible to buy and sell on credit from one side and cash from the other, then how can it be valid to sell on credit from both sides?
(Fath al-Bari: 4/481)
(1)
Hafiz Ibn Hajar rahimahullah states:
By "mithlu dhalik" (like that), it is meant that Abu Sa'id al-Khudri radi Allahu anhu narrated the hadith in a manner similar to the one narrated from Umar radi Allahu anhu, as is evident from the narration of Isma'ili.
In it, there is explicit mention that the content of Abu Sa'id al-Khudri's radi Allahu anhu hadith was the same as that of the hadith narrated from Umar radi Allahu anhu, and furthermore, this incident occurred with Ibn Umar radi Allahu anhu.
There is also an incident of Abu Sa'id al-Khudri radi Allahu anhu with Ibn Abbas radi Allahu anhu, which will be mentioned later (Hadith: 2178, 2179).
(2)
It should be noted that if a person is owed dirhams by someone, and another person is owed dinars by him, then these two cannot engage in buying and selling dirhams and dinars with each other. This is because if it is not permissible to buy and sell on credit from one side and cash from the other, then how can it be valid to sell on credit from both sides?
(Fath al-Bari: 4/481)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2177
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: It has already been mentioned above that Dhu’l-Hulayfah was not the final destination of the journey of the Messenger of Allah (sallallahu alayhi wa sallam), such that he (sallallahu alayhi wa sallam) did not go beyond it. During the journey, at various times, he (sallallahu alayhi wa sallam) stayed there temporarily and performed shortened prayers (qasr), because he (sallallahu alayhi wa sallam) was a traveler, and a traveler, when coming or going, may perform shortened prayers outside the populated area.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 1584
Shaykh Dr. Abdur Rahman Freywai
Explanation: 1؎ :
Selling gold and silver in exchange for gold and silver on the spot is called "bay‘ sarf" (currency exchange transaction).
Selling gold and silver in exchange for gold and silver on the spot is called "bay‘ sarf" (currency exchange transaction).
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1241
Hafiz Muhammad Ameen
"Do not trade," meaning that credit transactions are not permissible because the value and mutual ratio of gold and silver keep changing. In such a situation, there is a possibility of dispute. The Shari'ah does not approve of discord.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4574
