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سنن دارمي
Darimi
من كتاب البيوعFrom the Book of Sales
باب لاَ يَبِيعُ عَلَى بَيْعِ أَخِيهِ:Chapter: Do Not Sell Over Your Brother’s Sale
Hadith 2586
اُردوEn
أَخْبَرَنَا مُحَمَّدُ بْنُ عَبْدِ اللَّهِ الرَّقَاشِيُّ، حَدَّثَنَا يَزِيدُ بْنُ زُرَيْعٍ، حَدَّثَنَا مُحَمَّدٌ هُوَ: ابْنُ إِسْحَاق , عَنْ يَزِيدَ بْنِ أَبِي حَبِيبٍ، عَنْ عَبْدِ الرَّحْمَنِ بْنِ شِمَاسَةَ، عَنْ عُقْبَةَ بْنِ عَامِرٍ، قَالَ: سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ , يَقُولُ: "لَا يَحِلُّ لِامْرِئٍ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الْآخِرِ أَنْ يَبِيعَ عَلَى بَيْعِ أَخِيهِ حَتَّى يَتْرُكَهُ".
Sayyiduna Uqbah bin Amir (may Allah be pleased with him) said: I heard the Messenger of Allah (peace and blessings be upon him) say: "It is not permissible for a man who believes in Allah and the Last Day to make a deal (sale) over the deal (sale) of his brother until the (other) brother leaves that deal."
Brief Explanation
(Explanation of Hadith 2585)
The meaning of "do not sell over someone else's sale" is that if a person says to the buyer: "Return this item that you have purchased, I will give you something better for the same price," and this occurs within the period of option (muddat-e-khiyar), then doing so is not permissible. However, if the buyer himself abandons the goods and the transaction, then there is no harm in purchasing it.
Similarly, "do not buy over someone else's purchase" is also not permissible. This is in the case where, during the period of option, someone says to the seller: "Cancel this sale, I will buy this same item from you for a higher price." This too is not permissible.
Imam Awza'i rahimahullah said: Such a sale is not permissible among Muslims. However, the majority of scholars have generalized this ruling to all people, because it is contrary to good character that a person is selling his goods and someone interferes in between and prevents him from benefiting.
The meaning of "do not sell over someone else's sale" is that if a person says to the buyer: "Return this item that you have purchased, I will give you something better for the same price," and this occurs within the period of option (muddat-e-khiyar), then doing so is not permissible. However, if the buyer himself abandons the goods and the transaction, then there is no harm in purchasing it.
Similarly, "do not buy over someone else's purchase" is also not permissible. This is in the case where, during the period of option, someone says to the seller: "Cancel this sale, I will buy this same item from you for a higher price." This too is not permissible.
Imam Awza'i rahimahullah said: Such a sale is not permissible among Muslims. However, the majority of scholars have generalized this ruling to all people, because it is contrary to good character that a person is selling his goods and someone interferes in between and prevents him from benefiting.
