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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 2603
اُردوEn
أَخْبَرَنَا خَالِدُ بْنُ مَخْلَدٍ، حَدَّثَنَا مَالِكٌ، عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "لَا يَبِيعُ بَعْضُكُمْ عَلَى بَيْعِ بَعْضٍ، وَلَا تَلَقَّوُا السِّلَعَ حَتَّى يُهْبَطَ بِهَا الْأَسْوَاقَ، وَلَا تَنَاجَشُوا".
Sayyiduna Ibn Umar (may Allah be pleased with them both) said: The Messenger of Allah (peace and blessings be upon him) said: "None of you should interfere in another's buying and selling, nor should he go out to meet caravans before they reach the market, and he should not raise the price if he does not intend to buy."
Brief Explanation
(Commentary on Hadith 2602)
In this hadith, three matters have been prohibited:
(1) No Muslim should sell over the sale of his Muslim brother. However, if the first seller gives permission, saying, "If you wish, you may buy," then there is no harm; in this case, it will not be included in "selling over the sale of his brother." Or, if the first seller or buyer leaves and goes away, then it is also permissible to transact. Otherwise, it is forbidden. Some people have restricted this to dealings with Muslims only, which is not appropriate. According to the majority, no Muslim should sell over the sale of any person.
(2) The second issue is that of «تلقى الركبان» or «تلقى الجلب», whose explanation has already passed above, that is, to meet those bringing goods from the villages and purchase goods from them before they reach the market. This too is prohibited and unlawful. Goods should only be purchased from them once they have arrived in the marketplace, so that they may become aware of the market rates.
(3) The third issue is that of najsh, and that is when one does not intend to purchase the goods but, with the aim of raising the price, bids higher than the actual buyer and negotiates. In this way, bidding merely to spoil the price is a grave sin and causes harm to one's brother, and acting as a broker in this manner is forbidden.
And Allah knows best.
In this hadith, three matters have been prohibited:
(1) No Muslim should sell over the sale of his Muslim brother. However, if the first seller gives permission, saying, "If you wish, you may buy," then there is no harm; in this case, it will not be included in "selling over the sale of his brother." Or, if the first seller or buyer leaves and goes away, then it is also permissible to transact. Otherwise, it is forbidden. Some people have restricted this to dealings with Muslims only, which is not appropriate. According to the majority, no Muslim should sell over the sale of any person.
(2) The second issue is that of «تلقى الركبان» or «تلقى الجلب», whose explanation has already passed above, that is, to meet those bringing goods from the villages and purchase goods from them before they reach the market. This too is prohibited and unlawful. Goods should only be purchased from them once they have arrived in the marketplace, so that they may become aware of the market rates.
(3) The third issue is that of najsh, and that is when one does not intend to purchase the goods but, with the aim of raising the price, bids higher than the actual buyer and negotiates. In this way, bidding merely to spoil the price is a grave sin and causes harm to one's brother, and acting as a broker in this manner is forbidden.
And Allah knows best.
