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سنن دارمي
Darimi
من كتاب البيوعFrom the Book of Sales
باب في النَّهْيِ عَنْ بَيْعِ الطَّعَامِ قَبْلَ الْقَبْضِ:Chapter: Prohibition of Selling Food Before Taking Possession
Hadith 2595
اُردوEn
أَخْبَرَنَا خَالِدُ بْنُ مَخْلَدٍ، حَدَّثَنَا مَالِكٌ، عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، قَالَ: "مَنِ ابْتَاعَ طَعَامًا، فَلَا يَبِعْهُ حَتَّى يَقْبِضَهُ".
It is narrated from Sayyiduna Ibn Umar (may Allah be pleased with them both) that the Noble Prophet (peace and blessings be upon him) said: "Whoever buys any kind of grain (produce), he should not sell it before taking possession of it."
Brief Explanation
(Commentary on Hadith 2594)
In this hadith, there is a prohibition against selling food and drink items such as wheat, barley, millet, bajra, rice, etc., before taking possession of them.
In one narration, instead of «حَتَّىٰ يَقْبِضَهُ», it is «حَتَّيٰ يَكْتَالَهُ», and in another narration, it is «حَتَّىٰ يَسْتَوْفِيْه»; by this is meant taking possession by measuring or weighing.
Some scholars and jurists have restricted this possession only to grains and cereals, while others have extended it to every movable item, and some scholars have said that whether the item is movable or immovable—land, property, etc.—it is not permissible for the buyer to sell it before taking possession.
Nowadays, this objective is fulfilled through registration and entry in official documents or by receiving the documents.
In this hadith, there is a prohibition against selling food and drink items such as wheat, barley, millet, bajra, rice, etc., before taking possession of them.
In one narration, instead of «حَتَّىٰ يَقْبِضَهُ», it is «حَتَّيٰ يَكْتَالَهُ», and in another narration, it is «حَتَّىٰ يَسْتَوْفِيْه»; by this is meant taking possession by measuring or weighing.
Some scholars and jurists have restricted this possession only to grains and cereals, while others have extended it to every movable item, and some scholars have said that whether the item is movable or immovable—land, property, etc.—it is not permissible for the buyer to sell it before taking possession.
Nowadays, this objective is fulfilled through registration and entry in official documents or by receiving the documents.
