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سنن دارمي
Darimi
من كتاب البيوعFrom the Book of Sales
باب في النَّهْيِ عَنِ الْمُنَابَذَةِ وَالْمُلاَمَسَةِ:Chapter: Prohibition of Munabadhah and Mulamasah Sales
Hadith 2598
اُردوEn
أَخْبَرَنَا عَمْرُو بْنُ عَوْنٍ، حَدَّثَنَا سُفْيَانُ، عَنْ الزُّهْرِيِّ، عَنْ عَطَاءِ بْنِ يَزِيدَ، عَنْ أَبِي سَعِيدٍ الْخُدْرِيِّ، قَالَ: "نَهَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعَتَيْنِ، وَعَنْ لِبْسَتَيْنِ: عَنْ بَيْعِ الْمُنَابَذَةِ وَالْمُلَامَسَةِ" . قَالَ عَبْد اللَّهِ: الْمُنَابَذَةُ: يَرْمِي هَذَا إِلَى ذَاكَ . وَيَرْمِي ذَاكَ إِلَى هذَا . قَالَ: كَانَ هَذَا فِي الْجَاهِلِيَّةِ.
Sayyiduna Abu Sa'id Khudri (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings be upon him) forbade two types of sales, two types of clothing, and from munabadhah and mulamasah.
Imam Darimi (may Allah have mercy on him) said: The sale of munabadhah is that the seller throws (a cloth or something similar) towards the buyer and the buyer throws towards the seller (and the sale is considered complete by this act). This was a method of buying and selling in the pre-Islamic era.
Imam Darimi (may Allah have mercy on him) said: The sale of munabadhah is that the seller throws (a cloth or something similar) towards the buyer and the buyer throws towards the seller (and the sale is considered complete by this act). This was a method of buying and selling in the pre-Islamic era.
Brief Explanation
(Commentary on Hadiths 2596 to 2598)
In this hadith, two types of sales and two ways of wearing garments have been prohibited.
Manabadhah is when the buyer throws a garment towards the seller and, in exchange, the seller throws a garment towards the buyer as its price. When this is done, the sale becomes binding.
Mulamasah is when one says to the other, “You have touched my garment, I have touched your garment,” so the sale is completed and becomes binding, and after that, neither party has the right to annul it.
In Bukhari and Muslim, the explanation of these two types of sales is as follows: whether it is day or night, the buyer touches the other’s garment without seeing or examining it, and makes the deal on that basis—this is mulamasah.
And manabadhah is when the seller and the buyer throw their garments towards each other, and the mere act of throwing, without seeing and with mutual consent, constitutes the sale between them. Merely touching or throwing the garment is considered equivalent to seeing and examining it, and after that, no one retains the right to inspect it, or it is considered as the offer and acceptance, or it is regarded as final and binding for the session of the contract. Both these types of sales have been prohibited because there is deception in them, and the condition that no one will have the right to annul the sale upon seeing the item is invalid (fasid). In this hadith, by «لِبْسَتَيْنِ» is meant ishtimal as-samma’ and ihtiba’.
The first (ishtimal as-samma’) is when a person takes a garment and wraps it around the entire body in such a way that there is no room to move the hands or extend the feet, and this causes great discomfort. Sometimes, if the garment is small, the private parts become exposed from the front, which is why it has been prohibited.
Ihtiba’ is to sit with the knees drawn up and wrapped in a single garment in such a way that nothing covers the private parts, because sitting in this crouched manner leaves the private parts exposed and is disrespectful. Therefore, this too has been prohibited.
In this hadith, two types of sales and two ways of wearing garments have been prohibited.
Manabadhah is when the buyer throws a garment towards the seller and, in exchange, the seller throws a garment towards the buyer as its price. When this is done, the sale becomes binding.
Mulamasah is when one says to the other, “You have touched my garment, I have touched your garment,” so the sale is completed and becomes binding, and after that, neither party has the right to annul it.
In Bukhari and Muslim, the explanation of these two types of sales is as follows: whether it is day or night, the buyer touches the other’s garment without seeing or examining it, and makes the deal on that basis—this is mulamasah.
And manabadhah is when the seller and the buyer throw their garments towards each other, and the mere act of throwing, without seeing and with mutual consent, constitutes the sale between them. Merely touching or throwing the garment is considered equivalent to seeing and examining it, and after that, no one retains the right to inspect it, or it is considered as the offer and acceptance, or it is regarded as final and binding for the session of the contract. Both these types of sales have been prohibited because there is deception in them, and the condition that no one will have the right to annul the sale upon seeing the item is invalid (fasid). In this hadith, by «لِبْسَتَيْنِ» is meant ishtimal as-samma’ and ihtiba’.
The first (ishtimal as-samma’) is when a person takes a garment and wraps it around the entire body in such a way that there is no room to move the hands or extend the feet, and this causes great discomfort. Sometimes, if the garment is small, the private parts become exposed from the front, which is why it has been prohibited.
Ihtiba’ is to sit with the knees drawn up and wrapped in a single garment in such a way that nothing covers the private parts, because sitting in this crouched manner leaves the private parts exposed and is disrespectful. Therefore, this too has been prohibited.
