Toggle above to switch between keyword search and direct hadith lookup
سنن دارمي
Darimi
من كتاب البيوعFrom the Book of Sales
باب في الْمُحَفَّلاَتِ:Chapter: On Fattened Livestock Sales
Hadith 2589
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ الْمِنْهَالِ، حَدَّثَنَا يَزِيدُ بْنُ زُرَيْعٍ، حَدَّثَنَا هِشَامٌ هُوَ: ابْنُ حَسَّانَ عَنْ مُحَمَّدِ بْنِ سِيرِينَ، عَنْ أَبِي هُرَيْرَةَ، قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "مَنِ اشْتَرَى شَاةً مُصَرَّاةً أَوْ لَقْحَةً مُصَرَّاةً، فَهُوَ بِالْخِيَارِ ثَلَاثَةَ أَيَّامٍ، فَإِنْ رَدَّهَا، رَدَّ مَعَهَا صَاعًا مِنْ طَعَامٍ لَا سَمْرَاءَ".
Sayyiduna Abu Hurairah (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings be upon him) said: "Whoever buys a goat or she-camel whose milk has been collected, he has a choice for three days (if he wishes, he may return that goat, she-camel, cow, etc.), and if he returns it, he should return with it one sa’ of food other than wheat."
Brief Explanation
(Commentary on Hadiths 2586 to 2589)
«لِقْحَة و مُصَرَّاة» refers to that goat, sheep, she-camel, cow, or buffalo whose milk is not extracted, so that it accumulates in the udders and appears to be in large quantity, thereby deceiving the buyer into thinking that this is a highly milking animal. The buyer, falling for this trick, becomes willing to pay a higher price.
In such a case, the buyer has the option, for three days, either to keep the animal with him or to return it to the seller. However, along with returning it, he must also give one sa‘ (a measure) of dates or something similar, which is the common food of that country, other than wheat, so that it serves as compensation for the milk obtained from the animal and there remains no dispute between the two parties.
According to the majority of scholars, this issue is exactly as described in the hadith. However, the Hanafis have disagreed on this matter.
And by analogy, they have deemed the hadith inapplicable, arguing: Why should the buyer, who was deceived, pay an additional penalty of one sa‘? They have taken such a strict stance on this that they even mocked and criticized the narrator of the hadith, the Companion of the Messenger of Allah sallallahu alayhi wa sallam, Sayyiduna Abu Hurairah radi Allahu anhu, saying that he was not a jurist, and thus narrated such a hadith.
«نعوذ باللّٰه من ذلك».
Imam Ibn Taymiyyah rahimahullah has narrated a lesson-filled incident related to this in [فتاوى : 538/3، 539], that some students were discussing and reviewing this hadith. Someone said: Why should the buyer return one sa‘ of dates or the like? This is oppression upon him. One student said: Oh, this is the hadith of Sayyiduna Abu Hurairah radi Allahu anhu, who was not a jurist, he just narrated the hadith. In other words, he spoke disrespectfully about the Companion of the Messenger of Allah sallallahu alayhi wa sallam. At that very moment, a poisonous snake fell from the roof and bit the student who had mentioned Sayyiduna Abu Hurairah radi Allahu anhu in a contemptuous manner, and that student died immediately.
May Allah Almighty instill the love of the noble Companions in our hearts and protect us from disrespect (Ameen).
The interesting thing is that these people consider Sayyiduna Abdullah ibn Mas‘ud radi Allahu anhu to be the greatest jurist, while it is also narrated from him in the same way that one sa‘ of grain must be given, but the Hanafis do not accept this statement of his either.
«لِقْحَة و مُصَرَّاة» refers to that goat, sheep, she-camel, cow, or buffalo whose milk is not extracted, so that it accumulates in the udders and appears to be in large quantity, thereby deceiving the buyer into thinking that this is a highly milking animal. The buyer, falling for this trick, becomes willing to pay a higher price.
In such a case, the buyer has the option, for three days, either to keep the animal with him or to return it to the seller. However, along with returning it, he must also give one sa‘ (a measure) of dates or something similar, which is the common food of that country, other than wheat, so that it serves as compensation for the milk obtained from the animal and there remains no dispute between the two parties.
According to the majority of scholars, this issue is exactly as described in the hadith. However, the Hanafis have disagreed on this matter.
And by analogy, they have deemed the hadith inapplicable, arguing: Why should the buyer, who was deceived, pay an additional penalty of one sa‘? They have taken such a strict stance on this that they even mocked and criticized the narrator of the hadith, the Companion of the Messenger of Allah sallallahu alayhi wa sallam, Sayyiduna Abu Hurairah radi Allahu anhu, saying that he was not a jurist, and thus narrated such a hadith.
«نعوذ باللّٰه من ذلك».
Imam Ibn Taymiyyah rahimahullah has narrated a lesson-filled incident related to this in [فتاوى : 538/3، 539], that some students were discussing and reviewing this hadith. Someone said: Why should the buyer return one sa‘ of dates or the like? This is oppression upon him. One student said: Oh, this is the hadith of Sayyiduna Abu Hurairah radi Allahu anhu, who was not a jurist, he just narrated the hadith. In other words, he spoke disrespectfully about the Companion of the Messenger of Allah sallallahu alayhi wa sallam. At that very moment, a poisonous snake fell from the roof and bit the student who had mentioned Sayyiduna Abu Hurairah radi Allahu anhu in a contemptuous manner, and that student died immediately.
May Allah Almighty instill the love of the noble Companions in our hearts and protect us from disrespect (Ameen).
The interesting thing is that these people consider Sayyiduna Abdullah ibn Mas‘ud radi Allahu anhu to be the greatest jurist, while it is also narrated from him in the same way that one sa‘ of grain must be given, but the Hanafis do not accept this statement of his either.
