سنن نسائي
Nasai
كتاب البيوعThe Book of Financial Transactions
بَابُ : الْخَدِيعَةِ فِي الْبَيْعِChapter: Cheating When Trading
Hadith 4490
اُردوEn
أَخْبَرَنَا يُوسُفُ بْنُ حَمَّادٍ , قَالَ : حَدَّثَنَا عَبْدُ الْأَعْلَى , عَنْ سَعِيدٍ , عَنْ قَتَادَةَ , عَنْ أَنَسٍ , أَنَّ رَجُلًا كَانَ فِي عُقْدَتِهِ ضَعْفٌ كَانَ يُبَايِعُ , وَأَنَّ أَهْلَهُ أَتَوْا النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ , فَقَالُوا : يَا نَبِيَّ اللَّهِ , احْجُرْ عَلَيْهِ , فَدَعَاهُ نَبِيُّ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَنَهَاهُ , فَقَالَ : يَا نَبِيَّ اللَّهِ , إِنِّي لَا أَصْبِرُ عَنِ الْبَيْعِ , قَالَ : " إِذَا بِعْتَ فَقُلْ : لَا خِلَابَةَ " .
´It was narrated from Anas that:` there was a man whose mental faculties were lacking, and he used to buy and sell. His family came to the Prophet and said: "O Prophet of Allah stop him." So the Prophet of Allah called him, and told him not to do that. He said: "O Prophet of Allah, I cannot bear to be away from business," He said "If you engaged in a deal then say: 'There is no intention to deceive. "' (Sahih )
Related hadith on this topic
Explanation & Benefits
Hafiz Muhammad Ameen
(1) Deceit in trade and commerce is, according to the Shari‘ah, impermissible and unlawful. Such a trader who deceives people in buying and selling consumes their wealth through invalid means, and this is forbidden.
(2) From this blessed hadith, it is also established that if there is any condition from one party that is permissible according to the Shari‘ah, then it will be considered valid. Not only will the condition be valid, but due to it, the party will also have the right to annul and terminate the transaction.
(3) This hadith also indicates this important issue that a solitary report (khabar wahid) is definitively authoritative (a proof).
(4) Due to a reasonable excuse, a mature (baligh) person can be prohibited from engaging in trade.
(5) “There should be no deceit” — it is as if it is being said: If there is deceit, the transaction will be returned. If a transaction can be returned by explicitly stipulating a condition of return, then what objection can there be to returning it based on an implicit condition of return?
(2) From this blessed hadith, it is also established that if there is any condition from one party that is permissible according to the Shari‘ah, then it will be considered valid. Not only will the condition be valid, but due to it, the party will also have the right to annul and terminate the transaction.
(3) This hadith also indicates this important issue that a solitary report (khabar wahid) is definitively authoritative (a proof).
(4) Due to a reasonable excuse, a mature (baligh) person can be prohibited from engaging in trade.
(5) “There should be no deceit” — it is as if it is being said: If there is deceit, the transaction will be returned. If a transaction can be returned by explicitly stipulating a condition of return, then what objection can there be to returning it based on an implicit condition of return?
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4490
Shaykh Dr. Abdur Rahman Freywai
Commentary:
Explanation:
1:
This refers to Hibban bin Munqidh bin Amr al-Ansari, and according to one opinion, it refers to his father. During a military expedition in which he fought alongside the Prophet (sallallahu alayhi wa sallam), he suffered a severe head injury from a stone, which resulted in a weakness of his memory and intellect, and also caused a change in his speech. However, he had not yet lost his ability to distinguish (right from wrong).
2:
The meaning is that there is no deception or fraud in religion, because religion is the name of sincere advice and goodwill.
3:
It is said that this ruling was specific to Hibban bin Munqidh.
Explanation:
1:
This refers to Hibban bin Munqidh bin Amr al-Ansari, and according to one opinion, it refers to his father. During a military expedition in which he fought alongside the Prophet (sallallahu alayhi wa sallam), he suffered a severe head injury from a stone, which resulted in a weakness of his memory and intellect, and also caused a change in his speech. However, he had not yet lost his ability to distinguish (right from wrong).
2:
The meaning is that there is no deception or fraud in religion, because religion is the name of sincere advice and goodwill.
3:
It is said that this ruling was specific to Hibban bin Munqidh.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1250
Maulana Ataullah Sajid
Benefits and Issues:
(1)
«لاخلابة» is not deception.
The meaning is that if you deceive me in this transaction, then upon discovering it, I have the right to annul the sale.
(2)
He would be deceived because, due to a severe wound to his head at one time, his intellect had been affected.
(3)
A person whose intellect is not sound can, as a rule, be prevented from buying and selling, and his sale can be declared null and void. After that, whoever conducts transactions with him will be personally responsible, because the heirs have the right to declare his transactions null and void.
(1)
«لاخلابة» is not deception.
The meaning is that if you deceive me in this transaction, then upon discovering it, I have the right to annul the sale.
(2)
He would be deceived because, due to a severe wound to his head at one time, his intellect had been affected.
(3)
A person whose intellect is not sound can, as a rule, be prevented from buying and selling, and his sale can be declared null and void. After that, whoever conducts transactions with him will be personally responsible, because the heirs have the right to declare his transactions null and void.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2354
