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سنن دارمي
Darimi
من كتاب البيوعFrom the Book of Sales
باب في النَّهْيِ عَنْ شَرْطَيْنِ في بَيْعٍ:Chapter: Prohibition of Two Conditions in One Sale
Hadith 2596
اُردوEn
أَخْبَرَنَا يَزِيدُ بْنُ هَارُونَ، عَنْ حُسَيْنٍ الْمُعَلِّمِ، عَنْ عَمْرِو بْنِ شُعَيْبٍ، عَنْ أَبِيهِ، عَنْ جَدِّهِ، قَالَ: "نَهَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ سَلَفٍ وَبَيْعٍ، وَعَنْ شَرْطَيْنِ فِي بَيْعٍ، وَعَنْ رِبْحِ مَا لَمْ يُضْمَنْ".
Amr bin Shu'aib narrated from his father, who narrated from his grandfather, who said: The Messenger of Allah (peace be upon him) forbade combining a loan and a sale, and two conditions in one sale, and benefiting from something before taking possession of it.
Brief Explanation
(Commentary on Hadith 2595)
In this hadith, three types of sales have been prohibited:
(1) Sadaf and sale, meaning making a transaction along with a loan. An example of this is that the seller says to the buyer: “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 and do not sell to anyone else besides me.”
(2) «شرطين فى بيع» Placing two conditions in one sale. Regarding this, one opinion is that it refers to two sales in one transaction. And Imam Ahmad rahimahullah said: Its form is that I sell you this cloth on the condition that I will have it tailored by the tailor and I will do its cutting myself.
«كما رواه الترمذي» (3) «ربح ما لم يضمن» That is, obtaining profit before taking possession. Its form is that the buyer purchased some goods, and before taking possession of them, he sold them and gained profit—neither did he have to spend money nor did he have to take possession himself.
All three types of transactions have been prohibited in the aforementioned hadith; therefore, they are included among the prohibited sales.
In this hadith, three types of sales have been prohibited:
(1) Sadaf and sale, meaning making a transaction along with a loan. An example of this is that the seller says to the buyer: “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 and do not sell to anyone else besides me.”
(2) «شرطين فى بيع» Placing two conditions in one sale. Regarding this, one opinion is that it refers to two sales in one transaction. And Imam Ahmad rahimahullah said: Its form is that I sell you this cloth on the condition that I will have it tailored by the tailor and I will do its cutting myself.
«كما رواه الترمذي» (3) «ربح ما لم يضمن» That is, obtaining profit before taking possession. Its form is that the buyer purchased some goods, and before taking possession of them, he sold them and gained profit—neither did he have to spend money nor did he have to take possession himself.
All three types of transactions have been prohibited in the aforementioned hadith; therefore, they are included among the prohibited sales.
