Nasai

Hadith Commentary:
If a co-wife stipulates as a condition that her sister be divorced, then this condition will not be valid. The chapter and the hadith are in accordance with this.

Hadith Commentary:
(1)
No woman should say to any man that he should divorce his wife and marry her. In this way, she would be attacking the marital rights that belong to the other woman and seizing them for herself.

(2)
At the time of marriage, if a woman demands that her co-wife be divorced, then such a condition is impermissible and unlawful (haram). If she wishes to marry, she should not devise a plan for the ruin of the other wife; rather, she should marry quietly and be content with whatever is decreed for her.

Hadith Commentary:
The wording of the chapter heading is derived from the hadith phrase “and that a woman stipulates the divorce of her sister,” because if she makes the divorce of the co-wife a condition and the husband divorces in accordance with the condition, then the divorce will take effect; otherwise, there would be no benefit in prohibiting the stipulation.

Najsh is to artificially raise the price with the intention of deceiving, so that another person may quickly purchase it, or to mention faults in an item being sold so that the buyer leaves it and turns elsewhere; and tasriya is to deceive the buyer by withholding the animal’s milk in its udders.

Imam Muslim has connected the narrations of Mu’adh ibn Mu’adh, and the narrations of ‘Abd al-Samad and Ghundar. The narration of ‘Abd al-Rahman ibn Mahdi was not found by the Hafiz in a connected form, and the narration of Hajjaj was connected by al-Bayhaqi, and the narration of Adam was connected in his own copy, and the narration of Nadr was connected by Ishaq ibn Rahwayh.

(All praise is due to Allah that the tenth part has been completed.)

All praise is due to Allah! Today, on the date of 10 April 1970, Friday, I have completed the recitation of the blessed text of the tenth part of Sahih al-Bukhari, while sitting in the shade of the Green Dome in the Prophet’s Mosque, facing the noble resting place of the Messenger of Allah (sallallahu alayhi wa sallam), and I am supplicating that the Lord grant me sincerity and success in this great service to the hadith, as I have made the dissemination of the blessed sayings of Your beloved Prophet the sole purpose of my life.

Protect me from errors in its translation and explanations, grant my heart and mind faith and spiritual illumination so that I may perform this service in the best manner, and guide me at every step. I believe that this blessed book is a priceless treasure of the blessed sayings of Your beloved Prophet (sallallahu alayhi wa sallam).

Its dissemination in this era is the greatest jihad.

O Allah! Grant the best reward to all my brothers, wherever they may be, who are able to participate and assist me in this pure service, and honor them with the intercession of Your beloved Prophet (sallallahu alayhi wa sallam) on the Day of Judgment, and grant them Paradise. Amin, O Lord of the worlds.

(2 Safar 1390 AH, Friday.
Madinah Tayyibah)

All praise is due to Allah that today I have completed the translation and explanations. Whatever effort has been made in this regard, and the depth with which every word has been examined, Allah knows best.

Still, the possibility of mistakes remains, so I respectfully request the people of knowledge that wherever they notice an error, they should inform me and earn my prayers.

“Man is composed of error and forgetfulness” is a well-known saying.

More than a year has been spent on the translation and explanations of this part, and how many times the text and translation have been reviewed, even I do not remember.

This strenuous effort was borne solely because this is a priceless treasure of the pure, lofty sayings of the Master of the Worlds, the Noble Messenger, Ahmad al-Mujtaba, Muhammad al-Mustafa (sallallahu alayhi wa sallam).

Reflection upon it is a means of salvation in both worlds.

And its service and dissemination are causes of immense reward.

O Allah! This humble service is being performed solely to attain Your pleasure and that of Your beloved Messenger (sallallahu alayhi wa sallam).

Grant it sincerity and success, for that is Your work.

Just as You enabled the completion of this tenth part, enable me to complete the remaining twenty parts even better, and grant my loved ones the ability to continue this blessed service of hadith even after I depart from this world, for everything is in Your power; You do whatever You will.

Indeed, You have power over all things.

Whatever has happened, has happened by Your grace; whatever will happen, will happen by Your grace.

Servant of the Prophetic Hadith, Muhammad Dawud Raz al-Salafi al-Dihlawi, Rahpawah, District Gurgaon (Haryana, India)
1 Muharram al-Haram 1391 AH

Hadith Commentary:
If, at the time of marriage, a woman stipulates as a condition that her Muslim sister be divorced by the husband, and the husband divorces her according to this condition, then the divorce will take effect, because in a conditional (mu‘allaq) divorce, when the condition is fulfilled, the divorce takes place.

If, in the aforementioned situation, the divorce were not to take effect, then there would be no benefit in prohibiting it.

The narrations of Mu‘adh, ‘Abd al-Samad, and Ghundar have been narrated by Imam Muslim rahimahullah with a connected chain.

(Sahih Muslim, al-Buyu‘, Hadith: 3817, 3816(1515))

Similarly, the narration of Nadr has been mentioned by Ishaq ibn Rahwayh, and the narration of Hajjaj ibn Minhal has been mentioned by Imam Bayhaqi rahimahullah as connected.

(Fath al-Bari: 5/399)

Hadith Commentary:
Imam Shawkani rahimahullah states: “Abu ‘Awanah has narrated in his Sahih from Ibn Sirin, who said: I met Anas bin Malik radi Allahu anhu and asked, ‘Is it really the case that no townsman should sell or buy anything on behalf of a Bedouin?’ He replied in the affirmative.”

And this is also supported by the Prophetic hadith, in which the Prophet sallallahu alayhi wa sallam said: “Leave the people to their own state; Allah provides sustenance to some of them through others.”

That is, leave people as they are, for Allah grants provision to some through others.

Hadith Commentary:
(1)
The meaning of *talaqqi* is to go out to meet (i.e., to intercept).
There are two forms of this:
➊ In times of famine, a buyer goes outside the city to purchase grain from villagers at a cheap price and then brings it into the city to sell at a higher price.
➋ The villagers are unaware of the city’s market rates; the buyer goes outside the city to purchase at a low rate and then sells it at a higher rate.
Both of these forms are legally prohibited (shar'an mamnu‘).

(2)
According to Imam Bukhari rahimahullah, such a transaction is invalid, because a prohibition (nahi) regarding an action necessitates its corruption (fasad).
This is also the view of the Zahiri scholars, whereas some researchers say:
The sale is valid (sahih), but the right of option (khiyar) will be established, because the prohibition of intercepting caravans is to prevent harm to the caravan people, and their harm can be removed by granting them the right of option.

Hadith Commentary:

That is, outsiders who bring grain or goods from outside often sell them cheaply to the townspeople and then return to their homes. Now, if a city dweller deceives them and says, "Do not sell yet; hand over this merchandise to me, I will sell it at a higher price," then this has been prohibited, because it causes harm to the townspeople.

Similarly, some people raise bids merely to inflate prices, while they have no intention of actually purchasing. This is a grave sin, as it causes harm to one's fellow brother.

In the same way, if a man has sent a marriage proposal to a woman, then no other person should send her a proposal, for this too is a violation of his brother's right.

Likewise, if a woman wishes to marry a married man, it is not permissible for her to set the condition that his first existing wife be divorced, for this is a severe violation of that sister's right.

In such a case, both the woman and the man will be sinful.

Hadith Commentary:
(1)
Imam Bukhari rahimahullah has restricted his chapter heading with the condition of permission or abandonment, whereas this is not mentioned in the hadiths themselves. Hafiz Ibn Hajar rahimahullah writes: Imam Bukhari rahimahullah has alluded to the narration of Sahih Muslim in which this restriction is explicitly mentioned. (Sahih Muslim, Al-Buyu', Hadith: 3812(1412)) Likewise, the mention of bidding over someone else's bid is not found in these hadiths, however, the narration which Imam Bukhari has mentioned in the Book of Conditions contains the following words: "No man should bid over his brother's bid." (Sahih al-Bukhari, Al-Shurut, Hadith: 2727)

(2)
It should be clear that five rulings are mentioned in these hadiths, the details of which are as follows:
➊ To interfere in someone else's transaction of buying and selling—this is far removed from noble character, that while a person is selling his goods or someone is buying something, another person jumps in and interferes in their deal.
➋ The rural people who sell their goods to the city dwellers at cheaper prices—if a city dweller says to them, "Do not sell it, rather leave it with me, I will sell it at a higher price," then doing so is prohibited because it causes harm to the people of the city.
➌ Some people raise the price by bidding, but they have no intention of actually buying—doing so is impermissible in the Shari'ah because it causes harm to others. However, in an auction, it is permissible to bid higher with the intention of purchasing.
➍ If a man has sent a marriage proposal to a woman, and the matter has not yet reached any logical conclusion, and another person sends her a proposal, then this is not permissible because it infringes upon the right of the first man.
➎ If a woman wishes to marry a married man and sets the condition that he must divorce his first wife, then this is also not permissible. By doing so, both the man and the woman will be sinful.

Hadith Commentary:
In this hadith, several business methods have been prohibited.

"Talaqqi al-rukban" and "talaqqi al-buyu‘" are two names for the same practice, for example:
The townspeople receive news that merchandise is arriving from outside. They go far outside the city and, before the traders can enter the city and learn the market rates, they purchase the merchandise from them at a price lower than its value. Then, after bringing it into the city, they sell it at a higher price. Doing so is not permissible.

The explanation of the other transactions mentioned in the hadith has already been given previously.

Hadith Commentary: Benefits and Issues: 1.
The principle or rule is that if, in the hypothetical case of one of two women being considered a man, it would not be permissible for him to marry the other, then it is not permissible to combine both in one marriage contract.
Therefore, an aunt (khala) and her niece,
or a paternal aunt (phuphi) and her niece,
cannot be kept together in marriage at the same time, whether this relationship is by lineage and blood or by milk (i.e., through breastfeeding).
Except for the Khawarij and some Shia, the entire Ummah is unanimous on this.
A paternal aunt may be the father's sister or, in terms of lineage, the sister of the grandfather or above; similarly, a maternal aunt may be the mother's sister or, in terms of lineage, the sister of the grandmother or above.
The Khawarij and Shia have argued from the Qur'anic verse: ﴿وَأُحِلَّ لَكُم مَّا وَرَاءَ ذَٰلِكُمْ﴾ ("And lawful to you are [all others] beyond these")
(Qur'an, al-Nisa, verse 24),
whereas in another verse of the Noble Qur'an: ﴿وَلَا تَنكِحُوا الْمُشْرِكَاتِ﴾ ("And do not marry polytheist women")
(Qur'an, al-Baqarah, verse 221),
marriage with polytheist women has already been prohibited. After the specification of the generality of the verse, specification by a solitary report (khabar wahid) is also permissible according to the Hanafis, and according to the rest of the Imams, specification of an unqualified verse by a solitary report is permissible without restriction. And this hadith is narrated from several Companions.
2.
If a man has already proposed marriage to a woman and her guardian has shown inclination towards him or has accepted,
then it is not permissible for another man to propose.
Similarly, if a transaction is being negotiated or has already been agreed upon between two people, it is not permissible for another to interfere.
If a man wishes to marry a woman while his first wife is present,
it is not permissible for the second woman to demand the divorce of the first wife,
because in this way, the first wife may, due to apparent causes, be deprived of maintenance, home, and husband.
Thus, it is not permissible to harm her in this way.
Let him marry the second; whatever is destined for her will reach her.
There is no need to harm the first for this purpose.

Hadith Commentary: Benefits and Issues: According to Imam Abu Hanifah rahimahullah and Imam Shafi'i, the one who does so will be considered a wrongdoer and sinful, but the sale will still be valid. According to Imam Dawud al-Zahiri, this sale will not be effective. Both opinions have been transmitted from the Malikis and Hanbalis.

Hadith Commentary:

Benefits and Issues:
If the price has been settled between the two parties, then it is not permissible to bid further. However, if the price has not been settled, then regarding increasing the bid or auctioning, there are three opinions:

➊ When one person has placed a bid, then it is not permissible for another to increase upon that and purchase the item. This is the position of Ibrahim al-Nakha’i.

➋ In the case of spoils of war (ghana’im) and inheritances (mawarith), it is permissible to increase the bid; in other cases, it is not permissible. This is the view of Imam Awza’i and Imam Ishaq.

➌ When the price has not been settled, bidding is ongoing, and a person genuinely wants to purchase the item—not merely increasing the bid to deceive—then according to the majority, this is permissible. And this is the correct position, because the Prophet (sallallahu alayhi wa sallam) forbade increasing the bid in the case of najsh (deceptive bidding).

Hadith Commentary: Benefits and Issues: In the case of talaqqi (intercepting rural sellers before they reach the market), the sale that takes place is, according to the majority (jumhur), valid and binding, and the one who intercepts is considered sinful. However, according to the Zahiri scholars, such a sale is invalid and does not take effect. One narration from Imam Ahmad is also in agreement with this. However, this hadith establishes that when the owner of the goods comes to the market and learns the market price, he will have the choice to either annul or uphold the sale. This is the view of Imam Malik, Imam Shafi'i, and Imam Ahmad, and this is correct: that the owner has the right to reject the sale. However, according to Imam Abu Hanifah rahimahullah, the owner does not have this right. The Hanafis have made futile attempts to justify Imam Abu Hanifah’s position by offering various explanations of this hadith. For this reason, Allamah Ibn Humam has abandoned Imam Abu Hanifah’s position here, considering it to be contrary to the authentic hadith. Taqi Usmani Sahib and Ghulam Rasool Saeedi Sahib have also supported Ibn Humam’s stance.
(Takmilah Fath al-Mulhim:
vol. 1, p. 333,
Sharh Sahih Muslim,
Saeedi:
vol. 4, p. 143)

Hadith Commentary: Benefits and Issues:
Jalb:
If it is a verbal noun (masdar), then it will have the meaning of the object (maf’ul),
that is, the goods which are brought for sale; and if it is the plural of "jaalib" (as "khadam" is the plural of "khaadim"),
then it will refer to the traders who bring the goods.

Hadith Commentary: Benefits and Issues: Meeting a caravan on the way, a city dweller selling the goods of a Bedouin, and collecting milk in the udders of animals—these three issues will be discussed in detail in the upcoming independent chapters, so their meaning will be explained there. The meaning of najsh is to incite, provoke, deceive, or to exaggerate in praise and commendation of something. Here, the intent is that a person increases the price so that another person, becoming excited or provoked, raises the price and is thereby deceived. According to the four Imams (a’immah arba‘ah), this act is unanimously impermissible, and if it is done with the collusion of the owner, then both are guilty. If it is done without his knowledge, then only the one who incites the bidding is guilty. However, if the intention is not to entrap another, but rather to bring the item to its correct and appropriate price, then according to the Malikis and Hanafis, it is valid. According to Imam Shafi‘i and the Hanafis, even though it is impermissible, the sale will still be valid. However, according to the Ahl al-Hadith and the Zahiris, it will be void (if it becomes known). This is also one opinion of Imam Malik and Imam Ahmad, and another opinion is that in this case, if the buyer suffers significant loss, he has the option to annul (break) the sale. According to some Shafi‘is, if this act was done with the consent of the seller, then the buyer will have the option to annul the sale; otherwise, not. The root cause of this difference is that, according to the Hanafis, prohibition of an act necessitates its being a crime and a sin, but not its being corrupt or void. Whereas, according to the majority, prohibition necessitates corruption, as Imam Shawkani has established in Irshad al-Fuhul, p. 97, 98.

Hadith Commentary: Benefits and Issues: It is not permissible for any woman to say to a married man, "Divorce your wife, and I will marry you," nor is it permissible for a married man, when proposing to a woman, to be told by her, "I will marry you on the condition that you divorce your first wife."

Explanation: 1:

That is, he should not act as a broker for him, because doing so causes a loss to the people of the town. If the outsider sells himself, then due to being a traveler, he will sell at the price of the day he arrives in the market and return to his home. This will benefit the buyers.

Explanation:
1:
The situation is as follows: a city dweller meets a Bedouin (villager) before he reaches the city market, so that he may inform him about the prices and buy his goods from him at a cheaper rate.
The purpose of prohibiting this is to protect the owner of the goods from deception and loss.
Since the seller has not yet become aware of the market price, buying his goods before he reaches the market may result in him being deceived.
For this reason, this prohibition has been mentioned.

Benefits and Issues:
Benefit:
The general purpose of meeting the one bringing goods on the way and making a deal is only this:
That the goods may be bought at a price lower than the market,
and the owner does not become aware of the market rate.
This method is an obstacle to the free flow of trade.
Such interference in market forces is prohibited.
It is an attempt to take advantage of a fellow Muslim brother’s unawareness,
which is blameworthy.
Therefore, along with the prohibition, it has also been established that if a deal is made on the way and afterwards the seller comes to know that he has been deceived,
then he will have the right to revoke the sale.

Benefits and Issues:
Benefit:
In the aforementioned chapter, the fundamental issue discussed is that it is forbidden (haram) to withhold the milk of a milking animal in order to obtain a higher price, so that the customer, thinking it is an animal that gives more milk, pays more.
The buyer is permitted to try (the animal) for three days.
If he does not wish to keep such an animal,
he may return it and take back his money.
However, the milk that was in the animal’s udders before the time of purchase,
and which, upon completion of the sale, was left by the seller of his own will,
its due compensation is also necessary.
After the buyer has received his full refund, he no longer has any right over it.
According to the highest standard of justice, the buyer should give in exchange one sa‘ (approximately two and a half kilograms) of dates.
Dates were locally produced in Arabia
and were inexpensive.
Wheat, especially of good quality, was imported from outside
and was therefore expensive.
The Messenger of Allah (sallallahu alayhi wa sallam) ordered that a common food commodity be given,
and that there was no need to give samra’ (i.e., superior wheat).
The wisdom in this appears to be that one should not demand a better food from the one returning (the animal).
In this regard, besides Abu Hurairah (radi Allahu anhu), the fatwa of Abdullah ibn Mas‘ud (radi Allahu anhu) is also the same, and in fact, none of the Companions (radi Allahu anhum ajma‘in) differed from this.
(Fath al-Bari, Kitab al-Buyu‘, Bab al-Nahy lil-Ba’i‘ an la Yahfal.
...) Only some among the Hanafis hold an opposing view.
Whereas Imam Zufar, and according to one narration, Imam Abu Yusuf as well, are with the majority.
However, Imam Abu Yusuf disagrees with the obligation to always give a sa‘ of dates,
and considers it permissible to pay its price instead.
(Fath al-Bari, Kitab al-Buyu‘, Bab al-Nahy lil-Ba’i‘ an la Yahfal.
...) Now Islam has spread very far.
In countries like Indonesia and Nigeria, dates are not available.
Therefore, a locally available food commodity will take the place of dates in such regions.
And just as Imam Abu Yusuf’s viewpoint is,
it will also be correct to pay the price of such a commodity.
And Allah knows best.

“Until she marries”—that is, the second person should wait and see which way the matter turns out. If their discussions are successful and the marriage takes place, then that is very good. But if the matter cannot be settled, then the second person may also send a proposal.

(1) "Do not artificially raise prices." That is, when one does not actually intend to purchase an item, but only offers a higher price with the intention of deceiving the customer so that he gets trapped. This is deception and oppression, therefore it is prohibited.

(2) "Do not sell goods." Because in this way, prices will increase. However, it is permissible to purchase goods for oneself, because in this there is no risk of price inflation; rather, it will lead to a decrease in prices.

(3) "Do not make a deal." As long as the first person is negotiating a deal, no one else is permitted to interfere by offering a different price. However, if their deal does not go through, then another person may make a deal.

(4) "To make a demand." That is, for example, saying to a man: 'Divorce your first wife, otherwise I will not marry you.' This is impermissible because it is selfishness.

(1) The meaning of the chapter established by the author rahimahullah is that no Muslim has the right to make a deal over the deal of his Muslim brother. It should be remembered that both buying and selling are included in a transaction. The detail is as follows: if someone says to the buyer, “Do not buy this item from him; I will give it to you for a cheaper price than him,” or if someone says to the seller, “Do not sell it to him; I will buy it from you for a higher price than he is offering,” then both these actions are forbidden (haram).

(2) This blessed hadith also prohibits that a city-dweller should sell the goods of a villager, because it is forbidden (haram) for a city-dweller to say to a villager, “Leave your goods with me; when the price increases, I will sell your goods at a higher price.” However, if the villager has no knowledge of the market rates, or there is a risk that buyers, considering him a “rustic,” might deceive him and buy his goods at a low price, and due to his ignorance he may not receive the real and fair price for his goods, and if a city-dweller, out of sympathy, sells his goods at the proper price as is his due, then this act is praiseworthy and such a person is deserving of reward from Allah. The prohibition applies where the city-dweller is only seeking his own benefit and has no intention of the villager’s welfare.

(3) This blessed hadith is also evidence for the prohibition of najsh sale (bay‘ najsh). The form of bay‘ najsh is that a person has no intention of buying the item at all, but comes to the two parties making a deal and bids a higher price for the item being sold, so that the buyer is deceived and buys a low-priced item at a higher price. Usually, such people are “hired” agents of shopkeepers, and they take regular payment for this unlawful and un-Islamic act. In summary, every situation is unlawful and forbidden in which the intention is to harm another Muslim, and that situation is permissible and commendable in which the intention is the welfare of another Muslim and no requirement of the Shari‘ah is violated thereby. And Allah knows best.

(4) This blessed hadith is also clear evidence for this important principle: the Shari‘ah has completely uprooted every cause and means that leads to mutual hatred and enmity, or that leads to miserliness, jealousy, and rancor, etc. In short, the pure Shari‘ah has closed every door that leads to these or similar matters.

(5) “Pour out the vessel,” meaning: deprive him of the benefits of marriage. For the rest, see narration: 4496.

(1) The sale of the musarrat (tied-udder animal) is impermissible and haram because it involves deception and fraud, which are religiously forbidden.

(2) Regarding this hadith, Imam Ibn Abd al-Barr rahimahullah states that this hadith is foundational in the prohibition of deceit, the buyer’s right to return an item upon discovering a defect, and the determination of the period of this right. It is also understood from this that the original sale is not haram (unless the buyer is not satisfied with it, meaning that even after discovering a hidden defect, if the buyer does not wish to return the item, i.e., does not wish to annul the sale, then he has the right not to annul it).

(3) The milk is withheld in the animal’s udders so that the buyer perceives the animal to be a high-yielding (giving much milk) one. Due to such deception, the buyer becomes willing to pay a higher price.

(4) The explanation of tasriya (tying the udder) has already been mentioned in the chapter. Since its purpose is to deceive the buyer, and such deception is very likely, the Shariah has given the buyer the right to annul the transaction. There is no objection in this. The majority of scholars hold this view; however, the Hanafis find it contrary to principle that a finalized transaction can be annulled by one party. Yet, deception is a major cause that can annul any contract. The Hanafis themselves accept annulment of a sale due to a defect. If a sale can be annulled upon discovering a defect, why can it not be annulled upon discovering deception?

(5) “One sa‘ (approx. 2.5–3 kg) of dates” is compensation for the milk that had accumulated in the animal’s udders while it was still with the previous owner and which the buyer consumed. As for the issue that the amount of milk could be more or less, why was the compensation fixed? This is actually to prevent disputes, otherwise there could be mutual disagreement over the determination of the price. The Shariah is wiser than us in such matters. That is why, in the case of a fetus lost due to injury, the Shariah has fixed the compensation as a slave or a horse. That fetus could be five months old or nine months old, and it is not necessary that the price of a slave and a horse be equal. In fact, the price of one slave to another, or one horse to another, can also differ. Similarly, the Shariah has fixed the blood money for each finger of the hands and feet as ten camels, whether it is the little finger or the thumb, whether from the hand or the foot, even though their size or benefit is not equal. And the price of camels is also not the same. Why was a sa‘ fixed? Some have even vented their anger at the narrator of the hadith, Abu Hurayrah radi Allahu anhu, claiming he was not a jurist. One may ask: if that Companion, who benefited from the Messenger of Allah sallallahu alayhi wa sallam morning and evening for four years, did not become a jurist, then what is the proof of your own jurisprudence? One should not spit at the moon, for otherwise one will not be able to show one’s own face; the moon is not harmed. Moreover, this narration is not Abu Hurayrah radi Allahu anhu’s own fatwa to object to him, but rather it is the statement of the Messenger of Allah sallallahu alayhi wa sallam which he transmitted. Furthermore, this narration also comes from the well-known jurist Companion of the Hanafis, Abdullah ibn Mas‘ud radi Allahu anhu. Now, they would not want to undermine their own foundation. It is better to accept the authentic statement of the Messenger proven by sound chain without objection, and to entrust the subtleties of the Shariah to the insight of the Lawgiver alayhi as-salam, for “the secrets of the kingdom are known to the kings.” In summary, the Messenger of Allah sallallahu alayhi wa sallam ordered the giving of one sa‘ of dates with such an animal so that it would serve as compensation for the milk obtained from that animal. The real reason is that when the buyer purchased the animal, some milk had been produced before it came into his ownership, and some after, but it is absolutely impossible to determine how much milk’s price the buyer paid for and how much was new. Therefore, returning the milk or its price was not possible, so the Messenger of Allah sallallahu alayhi wa sallam fixed one sa‘ of dates as compensation for that milk, so that no dispute would arise between buyer and seller. The sa‘ thus becomes compensation for the milk the buyer obtained. In this matter, it is not considered whether the milk was more or less than the compensation. The reality is that there is no instrument or measure to determine whether the milk was more or less, nor can there ever be. And Allah knows best.

(6) In regions where dates are not abundant, the staple food of that area may be given, for example: in our region, wheat may be given. Here, a sa‘ of dates would be very expensive. The specification of dates is due to the Arab context, where dates were the staple food and were easily and abundantly available, just as wheat is for us. However, even in this case, it is preferable to give a full sa‘ of wheat. Similarly, in regions where rice is the staple food, one sa‘ of rice may be given. And Allah knows best.

"Return it," because the trader has deceived him, and deception is not permissible in the Shariah. Therefore, the sale can be annulled on the condition that the owner feels that the goods were purchased from him at a price lower than the market value by means of deception.

Urdu marginal note:
"Do not entice with the greed of an increase"—that is, a person has already finalized a transaction. Now, if another person entices the shopkeeper with the prospect of a higher price, encouraging him to cancel the previous transaction and make a new deal with himself, this is prohibited because it involves depriving the first person, who has already made the deal, of his right. In such a case, the second transaction will not be valid; rather, it will be null and void.

(1) “Go out and meet [the caravan]”: This was a method used to deceive trading caravans, whereby deals would be made with the caravan before it entered the market, so that the caravan members would not know the market rates and their goods could be bought cheaply from them. In reality, deception is intended in this, therefore the Shariah has prohibited it. Rather, the caravan should be allowed to enter the market, and then deals should be made with them.

(2) “No townsman should sell for a Bedouin”: In the hadith, the word “muhajir” is used because at that time, most traders were Muhajirun, while the Ansar were landowners. The purpose of this command is that a townsman should not sell the goods of a villager, because this would cause prices to rise. After all, the townsman will also take his own commission. If the villager sells his goods himself, it is obvious that he will sell cheaply, because he intends to sell on the same day and return home, whereas the townsman says to him, “Leave your goods with me; when the prices rise, I will sell them.” In this way, prices increase, which is why it has been prohibited. However, if a townsman buys something for a villager, it is permitted, because this will not cause prices to rise; rather, he will buy something inexpensive so that he can save something for himself as well.

(3) “Artificially inflating prices”: A person does not actually intend to buy something, but deliberately bids a higher price for an item so that the real buyer is deceived and buys it at a higher price. Generally, such people are agents of the shopkeeper who take a commission. In reality, this too is deception, and thus it has been prohibited.

(4) “Demanding divorce”: If a woman, at the time of marriage or afterwards, stipulates the condition that the man must divorce his first wife, or if the first wife demands the divorce of the second wife, this is impermissible, because selfishness and jealousy are at play here. Every woman has her own destiny, with which she should be content.

Benefits and Issues:

➊
The meaning of "sale upon sale" is that a person says to the buyer:
"The item you have purchased, return it, and I will give you a similar item for a lower price."
Or he says to the seller:
"The item you have sold, take it back, and I will give you a higher price for it."
Both of these actions are prohibited because such things lead to disputes and corruption.

➋
The meaning of "bargaining over a bargain" is that a man is buying something and says:
"I will pay such-and-such price."
Then another man offers a higher price so that the first man is deceived and ends up buying at a higher price.

➌
When the buyer and seller have agreed upon a price, it is not permissible for a third person to interfere. However, if their transaction is not finalized and the matter ends, then a third person may speak to the buyer or the seller.

➍
It is necessary to avoid such actions that cause disputes among Muslims or result in someone’s rights being violated.

Benefits and Issues:
➊
A person coming from outside does not know the situation of the marketplace.
If someone from among the townspeople goes out and meets him, and buys his goods from the owner at a cheap price, this is prohibited.

➋
The wisdom behind this prohibition is that neither the owner nor the public should suffer any loss, because when the owner reaches the city, he finds out that the goods could have been sold at a higher price, and he regrets this loss.
Another reason is that the outsider has to return, so sometimes he sells things cheaply.
This benefits the people of the city.
But when a city dweller has bought it, he can hoard it and sell it gradually at a higher price.
This causes harm to the public.

Takhrij al-Hadith:
[وأخرجه البخاري 2150، ومسلم 11/1515، من حديث مالك به]
Jurisprudential Points:
➊ It is forbidden to harm Muslims.
➋ Purchasing goods at a cheap price from someone unaware of the market rates, with the intention of selling them at a high price to Muslims, is forbidden.
➌ Placing a false bid is not permissible.
➍ Withholding milk in an animal’s udders in order to sell the animal is forbidden. This is clear deception.
➎ If someone buys an animal whose milk has been withheld in its udders, then he has the option to return it to the seller within three days, and along with it, he should give one sa‘ (approximately two and a half kilograms) of dates.
◄ The eminent jurist Companion, Sayyiduna Abdullah ibn Mas‘ud radi Allahu anhu used to say: Whoever buys a goat whose milk has been withheld in its udders should return it along with one sa‘ of dates. [صحيح بخاري : 2149، وصحيح مسلم : 1518]
● It is evident that the above hadith is not contrary to analogy (qiyas); therefore, it is incorrect for some deniers of hadith to criticize Sayyiduna Abu Hurairah radi Allahu anhu in relation to this hadith or to call him non-jurist.