Nasai

For all details, please refer to hadith numbers 4616 and 4633.

Explanation:
1:
Its form is that the seller (bā’iʿ) says, “I sell you this cloth for ten rupees on the condition that you give me a loan of ten rupees,” or he says, “I give you a loan of ten rupees on the condition that you sell your goods to me.”

2:
Regarding this, one opinion is that what is meant is two sales in one transaction, and Imam Ahmad says its form is that the seller says, “I am selling you this cloth on the condition that its sewing and washing will be my responsibility.”

3:
That is, it is not permissible to derive profit from any goods until one becomes its owner and takes it into one’s possession.

Benefits and Issues:
Explanation.
Credit and Sale.
One form of this is that a person considers the difference between cash and credit prices to be impermissible,
but resorts to a trick by adopting this method:
that he buys something but does not have the money at hand,
so then he takes the amount on credit from that shopkeeper or trader in order to pay the sale price.
Another form is also described, such as: I give you this house worth three hundred thousand for two hundred thousand,
on the condition that you give me a house worth five hundred thousand on credit; or I sell you this slave for fifty dinars,
on the condition that you give me one thousand dirhams on credit, etc. The fundamental cause in this is riba (usury/interest).
Two conditions in one sale.
For example, I sell you this item
on the condition that you do not sell it further,
nor gift it;
or I sell you this cloth
with the condition that I will have it sewn for you,
and also have it washed for you.
Some scholars have also included (bay‘atayn fi bay‘ah) in this.
(For details, see the benefits of the previous hadith 3461.
The rest of the details can be seen in the benefit of the previous hadith.)

Benefits and Issues:
➊
When the buyer receives the item from the seller and takes it into his possession, the responsibility for any loss that befalls that item also falls upon the buyer.
Any loss that occurs before this is the responsibility of the seller. Therefore, “that for which responsibility has not been accepted” means the item that has not yet been received and the buyer has not yet taken possession of it.

➋
The buyer may only sell the purchased goods to someone else after taking possession of them; selling them before taking possession is not permissible.

➌
The manner of taking possession of each item depends on its nature. For ordinary movable items, taking possession means physically receiving the item, for example:
Taking the wheat away from the seller’s premises. For immovable items, such as a house:
The seller removing his belongings from the house and granting the buyer permission to enter and reside in it, etc.

(1) Selling something that the seller does not possess is, according to the Shariah, impermissible and haram. Among us, it is common for many shopkeepers to commit such reprehensible acts in order to secure their “customer base,” even though the pure Shariah has declared such “cooperation” to be unlawful. Some shopkeepers go even a step further: they take the price of an item from the customer for something they do not have, and promise to provide the item after a few days. This is an even more dangerous situation than the first, because it is not even known whether the desired item will be obtained or not; and if it is obtained, whether the customer will like it or not is also unknown. If the customer does like it, then the issue of price fluctuation may arise. Therefore, according to the guidance of the pure Shariah, one should avoid every such sale that could become a source of mischief or corruption.

(2) This blessed hadith prohibits such a sale that is made on the condition of taking or giving a loan. Likewise, this blessed hadith also declares unlawful any sale that is suspended upon two conditions.

(3) “Loan and sale”—this means that the loan is given on the condition of a sale. For example, one person says to another: “I will only give you a loan if you buy such-and-such item from me for such-and-such price.” Or, the sale is made on the condition of a loan, such as one person saying to another: “I will buy such-and-such item from you on the condition that you give me a loan.” In these cases, since benefit is being derived from the loan, and this is usury (riba), these situations have been prohibited.

(4) “Two conditions in a sale”—its form is that one person says to another: “I will sell you such-and-such item for ten rupees cash or twelve rupees on credit,” and the transaction is not finalized on either condition. This is usury (riba). However, if the transaction is finalized on one condition, for example, the customer takes it for twelve rupees on credit or for ten rupees cash, then there is no harm, because now only one condition remains, not two. The difference between cash and credit prices is natural, just as there is a difference between wholesale and retail prices; therefore, there is no harm in this. Similarly, the difference between lump-sum payment and installment payment is of the same nature.

(5) “That which is not with you”—for example, if a slave has run away, he cannot be sold before being captured. Similarly, someone else’s property cannot be sold. Likewise, it is prohibited to sell grain, etc., before taking possession of it. However, if the item is not specifically determined but its characteristics are specified, then its sale is permissible even if the item is not present. For example, one may say to another: “At the time of wheat harvest, I will buy twenty maunds of such-and-such type of wheat from you at such-and-such price,” and also pay him the amount, even if he does not have the wheat or a wheat field, or even if he does not own any land at all, because he can procure the wheat from the market. However, if it is said: “I am buying the wheat of such-and-such field,” while the wheat in that field has not yet ripened or has not even been sown, then this sale is not valid, because it cannot be said with certainty that wheat will be produced from that field, and if it is produced, what will its quality be? A sale involving ambiguity is not valid, just as the sale of a specific bird in flight or a specific fish swimming in water is not valid. Besides ambiguity, these also have the defect of “not being in one’s possession.”

Urdu marginal note:
"Profits from non-possessed items" means selling a non-possessed item and obtaining profit from it. The fundamental prohibition is actually on selling it. In reality, selling is done for the purpose of earning profit, hence profit is mentioned. This does not mean that selling at a loss is permissible. (For further details, see Hadith: 4615)

Takhrij:
«أخرجه أبوداود، البيوع، باب في الرجل يبيع ماليس عنده، حديث:3504، والترمذي، البيوع، حديث:1234، والنسائي، البيوع، حديث:4635، وابن ماجه، التجارات، حديث:2188، وأحمد:2 /174، 178، 205، وابن خزيمة: لم أجده، والحاكم:2 /17.* رواية أبي حنيفة: أخرجها الحاكم في معرفة علوم الحديث، ص:128، والطبراني في الأوسط:5 /184، حديث:4358 وسندها ضعيف جدًا، فيه عبدالله بن أيوب بن زاذان الضرير وهو متروك كما قال الدارقطني رحمه الله.»©Explanation:
Narrator of the hadith: «امام ابوحنیفہ رحمہ اللہ » is one of the well-known and renowned Imams among the four Imams (a’immah arba‘ah), and his name is Nu‘man ibn Thabit al-Kufi.
He was a mawla (client) of Banu Taym Allah ibn Tha‘labah.
There is also an opinion that he was from among the sons of Persia.
He was a silk merchant.
A group among the hadith transmitters has declared him trustworthy (thiqah), while others have considered him weak.
Imam Ibn al-Mubarak rahimahullah said: “In jurisprudence (fiqh), I have not seen anyone like him.”
Due to his fame, he is free from the need for introduction.
He is renowned for his jurisprudence (fiqh), piety (wara‘), asceticism (zuhd), and generosity (sakhawah).
He was born in 80 AH and passed away in 150 AH.