Nasai

English translation:

“Grain purchased by measure”—because the first time, the seller would have measured it, as is customary. Now the buyer should also measure it himself. The purpose of this chapter is that the seller’s measuring should not be considered sufficient; rather, one should measure it oneself so that it can be sold further with confidence. The purpose of the chapter in the hadith is not that if grain is purchased without measuring, then it is permissible to sell it without taking possession. This is because, in other narrations, the condition of taking possession is general.

Hadith Commentary:
(1)
The principle of trade is that when grain or similar goods are purchased, possession (qabdh) must be taken of them. After taking possession, it is permissible to sell them further. However, during the blessed era of the Messenger of Allah (sallallahu alayhi wa sallam), the buyer would sell the purchased item further without taking possession, and for this he would be beaten. This beating was as a form of warning and disciplinary action (ta'zir). From this, it is understood that bodily punishment can also be given as a warning, provided that it is not inflicted on the face and does not leave marks or the like.

(2)
Hafiz Ibn Hajar (rahimahullah) writes: Any person who, in opposition to the Shari'ah, engages in unlawful business transactions can be given bodily punishment. Furthermore, it is necessary for there to be a market inspector (muhtasib) in the marketplace who keeps an eye on such people, and then those who do not desist despite being prohibited should be punished. (Fath al-Bari: 12/222)

Hadith Commentary:
It is derived from the hadith that the Islamic ruler can administer punishment for a corrupt (fasid) sale.
Imam Malik's position is that an item purchased by estimation, without precise measurement or weighing, may be sold before taking possession.
This hadith refutes his view.

Hadith Commentary:
(1)
The details regarding taking possession are as follows: If the purchased item can be held in the hand, such as dirhams and dinars or market goods, salk, etc., then taking it in the hand completes the possession.
If some property, etc., is movable, then its possession is that the owner withdraws from it. For example:
The possession of land or a garden is that the owner hands it over to the buyer, and if something can be transferred from one place to another, then its possession is that the buyer moves it to a place where the owner has no involvement, as happens at the time of buying and selling grain and animals.
Imam Bukhari rahimahullah's position is that if the sale is measured or weighed and left with the owner, it will not be considered a legal (shar‘i) possession until the buyer moves it to a place where the owner has no involvement.

(2)
The purpose of this chapter heading and the presented hadith is that it is not permissible to sell a purchased item—whether it was bought by measure, weight, or estimation—before taking possession of it. However, Imam Malik rahimahullah says:
An item that is bought only by estimation, without measure or weight, can be sold further even without taking possession.
This position was contrary to the hadith, so its refutation was necessary.

(3)
It is also understood from this hadith that the ruler of the time can punish for buying and selling contrary to the Shari‘ah.
The ruler should appoint his agents in the markets who supervise actions contrary to the Shari‘ah.
(Fath al-Bari: 4/444)

Hadith Commentary:
In all these transmitted hadiths, in one way or another, the coming and going of the Prophet (sallallahu alayhi wa sallam) or the noble Companions (radi Allahu anhum) to the marketplaces is mentioned.
In hadith number 2119, the difference between the reward of congregational prayer in the marketplaces and in the mosque is discussed.
In hadith number 2122, it is mentioned that the Prophet (sallallahu alayhi wa sallam) came to the marketplace of Qaynuqa‘, and upon returning from there, went to the house of Fatimah (radi Allahu anha), where he (sallallahu alayhi wa sallam) showed affection to his beloved grandson Hasan (radi Allahu anhu) and made supplication of goodness for him.
In short, coming and going to the marketplaces and conducting transactions is not a blameworthy matter.
For the necessities of life, in any case, everyone cannot manage without going to the marketplace; this is precisely what Imam Bukhari (rahimahullah) intends to clarify.
Because buying and selling is mostly connected to the marketplaces.
Further statements related to this topic will follow.

Hadith Commentary:
(1)
In this hadith, the coming and going of the noble Companions (radi Allahu anhum) to the marketplace is mentioned. Although the marketplace is not explicitly stated here, most of the time, grain and similar items are sold in the market or marketplace, thus the permissibility of going to the market is established.

(2)
It is also understood from this that it is not permissible to sell a purchased item before taking possession of it. We will clarify this further ahead, insha Allah.

(3)
The disbelievers of Makkah made several ignorant objections against the Messenger of Allah (sallallahu alayhi wa sallam). One of these was that a Messenger should at least be a superhuman being, free from human needs (hawa’ij bashariyyah). At the very least, he should be detached from worldly affairs and be among those who renounce the world. In their view, coming and going in the marketplaces and striving for livelihood was contrary to the dignity of prophethood. The Noble Qur’an has conveyed their objection in these words:
﴿مَالِ هَـٰذَا الرَّسُولِ يَأْكُلُ الطَّعَامَ وَيَمْشِي فِي الْأَسْوَاقِ﴾ “What sort of Messenger is this who eats food and walks in the marketplaces?” Allah the Exalted responded to this objection in the following manner:
﴿وَمَا أَرْسَلْنَا قَبْلَكَ مِنَ الْمُرْسَلِينَ إِلَّا إِنَّهُمْ لَيَأْكُلُونَ الطَّعَامَ وَيَمْشُونَ فِي الْأَسْوَاقِ﴾ “We did not send any Messengers before you except that they surely ate food and walked in the marketplaces.” That is, these disbelievers of Makkah are well aware that Sayyiduna Nuh, Sayyiduna Ibrahim, Sayyiduna Musa, and Sayyiduna Isa (alayhim as-salam) were all human beings. The necessities of life and human needs were attached to them, and for the preservation of their lives, they would eat and drink, and for earning a livelihood or for buying and selling, they would also walk in the marketplaces. Despite all these things, people accepted them as Messengers.

(4)
From this, it is understood that eating, drinking, and walking in the marketplaces are not contrary to piety or prophethood. The prohibition regarding the marketplace will be mentioned in the following chapter.

Hadith Commentary:
(1)
In one narration of Sahih Muslim, it is stated that whoever purchases grain should not sell it further until he has measured it completely and taken possession of it.
(Sahih Muslim, Al-Buyu', Hadith: 3839(1525))

(2)
From this, it is understood that measuring is the responsibility of the seller.
The aforementioned heading is also established in this way: in this hadith, the sale of foodstuff is prohibited until possession is taken, and after taking possession, when he sells it further, then measuring and handing it over is the responsibility of the seller, i.e., the one selling.
('Umdat al-Qari: 410/8)
In any case, the responsibility of weighing or measuring lies with the seller, not the buyer.
If he does not weigh it himself and hand it over, then he will bear the cost of weighing.

Hadith Commentary:
(1)
Linguistically, withholding essential items from sale is called ihtikar (hoarding). In the Shariah, ihtikar is to withhold essential items from sale in anticipation of a price increase, not selling them while the public is in dire need of them, and the one who is hoarding is not himself in need. However, if a person buys grain during times when it is cheap and stores it, or if someone buys it during times of high prices to fulfill his own need, or buys it and immediately sells it, then this is not ihtikar, nor is such an act forbidden.

(2)
Hafiz Ibn Hajar rahimahullah writes: Imam Bukhari rahimahullah has presented the permissibility of ihtikar from these ahadith, because in the mentioned hadith, selling grain before transferring it to one's house or shop is prohibited. If ihtikar were forbidden, the Prophet would not have given this ruling; rather, he would have ordered its sale immediately upon purchase. Perhaps, in his view, the hadith reported by Imam Muslim is not established, in which it is stated that only a sinner engages in hoarding. (Sahih Muslim, al-Musaqat, Hadith: 4122(1605))

Also, it is narrated from Ibn Umar radi Allahu anhuma that the Messenger of Allah sallallahu alayhi wa sallam said: "Whoever hoards grain from the people, Allah will afflict him with leprosy and bankruptcy." (Sunan Ibn Majah, al-Tijarat, Hadith: 2155) Hafiz Ibn Hajar rahimahullah has graded its chain as hasan. (Fath al-Bari: 4/440)

However, merely transferring grain to one's house is not considered ihtikar in the Shariah. Therefore, it is more appropriate to say regarding Imam Bukhari rahimahullah that, in his view, hoarding is prohibited in specific circumstances and under specific conditions, and there are numerous ahadith reported condemning it. In present times, hoarding is a grave crime when people are in need and suffering from famine. If essential items are easily available to people, then buying and storing grain is not prohibited.

Wallahu a‘lam.

Hadith Commentary:
(1)
Imam Bukhari rahimahullah has presented this hadith as evidence for the permissibility of hoarding (ihtikar), the explanation of which has already been given earlier. There is a difference of opinion regarding whether hoarding is prohibited in both food and non-food items, or only in items consumed by humans and animals. According to our view, hoarding of any item is prohibited, provided that it is not available to people and they are in need of it, but the person intends to make it expensive for the general public. Although in some ahadith the word "food" (ta‘am) is explicitly mentioned, it is not appropriate to restrict the ahadith that prohibit hoarding in absolute terms by those that are restricted, because there is no contradiction between such ahadith. According to us, anything whose withholding causes hardship to people falls under hoarding, whether it is gold, cloth, grain, etc.

(2)
It should be noted that when Sa‘id ibn al-Musayyib rahimahullah narrated the hadith regarding hoarding, someone asked him, "Why do you hoard?" He replied that the narrator of this hadith, Ma‘mar radi Allahu anhu, also used to hoard. (Sahih Muslim, al-Musaqat, Hadith: 4122(1805)) Both of them used to hoard oil, that is, olive oil, but this was at a time when it was commonly available in the market, because for a Companion to hoard necessities when they are scarce in the market is beyond comprehension.

Hadith Commentary:
(1)
In both these hadiths, there is mention of the prohibition of selling a purchased item to someone else before taking possession of it.
The prohibition of selling something that is not present (i.e., not in one’s possession) is not explicitly mentioned in these hadiths, but this prohibition is included in the first part, because selling something that is not in one’s possession is equivalent to selling it before taking possession.
This is explicitly stated in the incident of Hakim bin Hizam (radi Allahu anhu).
He once said to the Messenger of Allah (sallallahu alayhi wa sallam):
“O Messenger of Allah! A person comes to me and wants to buy something from me which I do not have. I make a deal with him and then buy that item from the market and give it to him?” The Prophet (sallallahu alayhi wa sallam) said:
“Do not sell that which is not with you.”
(Musnad Ahmad: 402/3)
From this it is understood that it is not permissible to buy and sell such an item which, at the time of sale, is not in the ownership of the seller.

(2)
It should be clear that sometimes the buyer purchases something and, after it is weighed, leaves it with the seller, i.e., he does not take it into his own possession. The sale of such an item to someone else is not permissible.
Imam Bukhari, through the addition of Isma’il bin Abu Uways, has pointed to this very point.
(Fath al-Bari: 442/4)
In the hadith narrated from Ibn Abbas (radi Allahu anhu), since grain was mentioned, he made an analogy that every item is, in ruling, like grain.
In reality, he was not aware of the hadith narrated from Hakim bin Hizam (radi Allahu anhu) in which the Messenger of Allah (sallallahu alayhi wa sallam) said:
“When you buy something, do not sell it before taking possession of it.”
(Musnad Ahmad: 402/3)
Similarly, it is narrated from Zayd bin Thabit (radi Allahu anhu) that the Messenger of Allah (sallallahu alayhi wa sallam) forbade selling a transaction at the place where it was purchased until people take it to their own places.
(al-Mustadrak lil-Hakim: 40/2)
In any case, whether the purchased item is grain or anything else, it is prohibited to sell it to someone else before taking possession of it.
In our context, cottonseed is purchased and left in the factory itself.
The owner pays the price and takes a receipt for it, and then this receipt is sold to someone else. Doing so is not permissible according to the Shari’ah.

Hadith Commentary:
It is understood from this that when a caravan arrives at the marketplace, it is not permissible to go ahead and meet it before it enters.
Some have said that it is permissible to go ahead and meet up to the boundary of the settlement.
It is not permissible to go outside the settlement to meet the caravan.
The Malikis (Malikiyyah) have stated that there is a difference of opinion in this matter: some say it is permissible to go ahead and meet if it is less than one mile, some say if it is less than six miles, and some say if it is less than two days’ journey.

Hadith Commentary:
(1)
Imam Bukhari rahimahullah has defined the limits of permissibility and impermissibility regarding the reception of caravans coming from outside. According to some scholars, the prohibited reception is up to the entrance of the city, whether the caravan enters the marketplace or not. The real matter is that when the caravan people enter the city and it becomes possible for them to know the market rates, then it is permissible to receive them and purchase grain from them, because while they are outside the city, it is impossible at that time to know the market rates, hence it was prohibited. If, after entering the city, they do not inquire about the rates, then that is their own fault.

(2)
Imam Bukhari rahimahullah has considered the beginning of the prohibited reception to be the exit from the marketplace. If they enter the marketplace, then their reception is not prohibited, and reception outside the marketplace is prohibited even if they have entered the city. In short, the furthest point ahead where it is permissible to purchase grain from incoming caravans is the last edge of the marketplace, and the place where it is prohibited to purchase is the exit from the marketplace, because the Messenger of Allah sallallahu alayhi wa sallam forbade people from buying and selling goods at that place. From this, it is understood that such a reception is not prohibited. The prohibited reception is outside the marketplace, and there is no limit to its extent. And Allah knows best.

Hadith Commentary:
In this narration, it is mentioned that Abdullah ibn Umar (radi Allahu anhu) would go ahead to meet the caravan people. This does not mean that he would leave the settlement to do so, for that was prohibited and forbidden.
Rather, the intent of Abdullah (radi Allahu anhu) is that after arriving at the marketplace, we would meet them at its edge.
Because in this narration, the prohibition is regarding selling the grain at the same place where it was purchased, and there is no prohibition in this narration about going ahead to meet the caravan people.
In such a case, this narration cannot serve as evidence for those who consider it permissible to go ahead to meet the caravan people.

Hadith Commentary:
Benefits and Issues:
Hafiz Ibn Hajar and Allamah ‘Ayni have stated the purpose of this hadith is that the buyer should not sell the grain without first taking possession of it.
The condition of transferring it to another place
is predominant, as generally, after purchasing, the item is transferred to another place.

Hadith Commentary:
Vocabulary of the Hadith:
Juzaf:
This is the verbal noun (masdar) of the form "mufa‘alah" from "jazaf."
Therefore, pronouncing the letter "jeem" with a kasrah (i.e., with an "i" sound) is more eloquent.
Although it has also been recited with a fathah (a) and a dammah (u), and it is derived in Arabic from "ghizaf."
That is, to take something by estimation.

Benefits and Issues:
Just as it is necessary to take possession (qabdh) of items purchased by estimation, it is not permissible to sell them without taking possession.
According to the majority of the scholars (jumhur a’immah), the same ruling applies to items acquired by measure or weight.
And according to the majority, it is permissible to purchase a heap of items measured or weighed by estimation; however, if there is mutual exchange of goods, and if the items are of the same kind and there is a possibility of riba al-fadl (usury of excess), then it is not permissible.
The following hadith also establishes that it is correct to impose disciplinary action (ta‘zir) on those who engage in unlawful buying and selling.

Hadith Commentary: Benefits and Issues: ➊ If a person has purchased something by measure or weight, and intends to sell it further in the same manner, then it must be measured or weighed again. ➋ And if a heap has been purchased, then after taking possession of it, selling it as a heap is permissible. ➌ If something has been measured or weighed, then after taking possession, it can be sold as a heap. ➍ If a heap has been purchased, then giving it by measuring or weighing is also permissible. ➎ However, if a person has purchased goods or grain by measure or weight, and he wants to give it to another person by measure or weight, and the second person is observing the first measurement or weighing, then can the first measurement or weighing be considered sufficient, or must it be measured or weighed again? In this case, it is better that the measurement or weighing be done again.

Benefits and Issues:
The meaning of (jazafan) is that its measure or weight is not specified.
Rather, a transaction is made for a heap as it is.
And then, without weighing it and without taking possession, it is sold in the form of a heap.
Some individuals have declared this permissible.
But from the wording of the ahadith, it is apparent
that the grain should be measured or weighed.
It is not permissible to sell it in the form of a heap without measuring or weighing it and without taking possession.
And the possession of the heap is
that it should be transferred to another place.

(1) When a person purchases food grains, he cannot sell them further until he has taken complete possession of them. If the item is measured by volume, he must measure it fully, and if it is weighed, he must weigh it completely. If he measures it but sells it without taking possession, then according to the Shari‘ah, this act is impermissible and unlawful. All the ahadith mentioned under this chapter clarify this issue in detail, whereas nowadays this malpractice is widespread among us: traders commonly make deal upon deal while the actual item (the subject of sale) remains in one place, such as a store, and no buyer even sees it, nor does he know its weight or measure. Rather, it is sold on and on, and thus they keep earning profit upon profit merely on their money, without even bothering to see the item. Nor do they know whether the item being sold is in good condition or has become spoiled. In short, no one knows anything, but the item keeps being sold further. Ultimately, the result is that the final buyer suffers a loss, and this very practice becomes the cause of mutual disputes and discord. The ruling of the pure Shari‘ah is absolutely clear and categorical: when a person purchases a food item, such as grain, he should pick it up from there and take it into his possession, and then sell it at another place.

(2) In this hadith, this ruling is specifically about grain. This also appears to be the understanding of Imam al-Nasa’i. The position of Imam Malik rahimahullah is also that the condition of possession before sale applies only to grain. Imam al-Shafi‘i rahimahullah considers possession necessary before sale in every item. Imam Abu Hanifah and Imam Ahmad rahimahullah apply this ruling to all items except land and buildings. That is, they have differentiated between movable and immovable property: in movable property, possession is necessary. As for immovable property, how can it be picked up or transferred, such that the condition of possession would be necessary for it?

(3) One purpose of stipulating possession before sale is that by taking possession, the goods can be inspected and their actual condition ascertained. Furthermore, the buyer should also exert some effort after purchasing the item; for example, he should take the grain from there to his own shop. If the pile had not been weighed, he should weigh it, so that this effort can justify the profit he will earn by selling it. If someone buys an item and sells it at the same place without moving it, then it is as if he has done nothing except invest money, and by investing a little money, he has earned much more. This resembles usury (riba): someone gives money and after some time takes back more. Islam considers profit without effort as gambling and usury. Lawful earning is only that which is in exchange for effort and work. Taking interest on money, buying bonds or obtaining prizes through any other means (such as by lottery) — all these are unlawful because they are devoid of effort.

(1) The Messenger of Allah (sallallahu alayhi wa sallam) forbade selling in this manner. In fact, for this very purpose, he appointed individuals who would prevent people from selling a purchased item before it had been moved from its original place.

(2) From this hadith, it is also understood that it is permissible to sell a heap of goods by estimation, even if the exact weight or quantity is not known. However, it is necessary that there be neither any adulteration nor any other defect in it.

(3) This blessed hadith also indicates that it is necessary to reform and discipline those who engage in corrupt and unlawful transactions, as is mentioned in hadith: 4612, where those who engaged in such buying and selling would be beaten. And this pertains to the golden era of the Messenger of Allah (sallallahu alayhi wa sallam).

(4) “It should be moved to another place.” This is so that possession is firmly established, and also so that some effort is exerted, thereby making the earning of profit permissible. (See also hadith: 4599, Benefit 2)

Benefits and Issues:
(1)
From this it is understood that purchasing grain by estimation is permissible, but measuring it is better.

(2)
After purchasing an item, one should take it into one’s possession and move it from its place; only then should it be sold.

Hadith Authentication: [واخرجه البخاري 2126 ومسلم 1526/32 من حديث مالك به]
Jurisprudential Explanation:
➊ The buying and selling of grain is not permissible without taking full possession of it.
➋ Also see Hadith 29, 287
➌ Jameel bin Abdur Rahman al-Mu’adhdhin said to Sa’eed bin al-Musayyib rahimahullah: The government has allocated certain grains for the people, and I purchase them at Jaar (the name of a place), then I wish to sell this grain to people on a fixed term (without taking possession). Sa’eed rahimahullah said: Do you wish to sell to people the grain which you have purchased (without taking possession)?
He said: Yes. So Sa’eed (bin al-Musayyib rahimahullah) forbade him from doing so. [الموطا 642/2 ح1371 وسنده حسن]