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سنن ترمذي
Tirmidhi
كتاب البيوع عن رسول الله صلى الله عليه وسلمThe Book on Business
باب مَا جَاءَ فِي كَرَاهِيَةِ بَيْعِ مَا لَيْسَ عِنْدَكَChapter: Sale of Non-Existent Items is Not Permissible
Hadith 1233
اُردوEn
حَدَّثَنَا قُتَيْبَةُ، حَدَّثَنَا حَمَّادُ بْنُ زَيْدٍ، عَنْ أَيُّوبَ، عَنْ يُوسُفَ بْنِ مَاهَكَ، عَنْ حَكِيمِ بْنِ حِزَامٍ، قَالَ : " نَهَانِي رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، أَنْ أَبِيعَ مَا لَيْسَ عِنْدِي " . قَالَ أَبُو عِيسَى : وَهَذَا حَدِيثٌ حَسَنٌ ، قَالَ إِسْحَاق بْنُ مَنْصُورٍ : قُلْتُ لِأَحْمَدَ : مَا مَعْنَى نَهَى عَنْ سَلَفٍ ، وَبَيْعٍ ، قَالَ : أَنْ يَكُونَ يُقْرِضُهُ قَرْضًا ، ثُمَّ يُبَايِعُهُ عَلَيْهِ بَيْعًا ، يَزْدَادُ عَلَيْهِ ، وَيَحْتَمِلُ أَنْ يَكُونَ يُسْلِفُ إِلَيْهِ فِي شَيْءٍ ، فَيَقُولُ : إِنْ لَمْ يَتَهَيَّأْ عِنْدَكَ فَهُوَ بَيْعٌ عَلَيْكَ ، قَالَ إِسْحَاق : يَعْنِي ابْنَ رَاهَوَيْهِ ، كَمَا قَالَ : قُلْتُ لِأَحْمَدَ : وَعَنْ بَيْعِ مَا لَمْ تَضْمَنْ ، قَالَ : لَا يَكُونُ عِنْدِي إِلَّا فِي الطَّعَامِ ، مَا لَمْ تَقْبِضْ ، قَالَ إِسْحَاق ، كَمَا قَالَ : فِي كُلِّ مَا يُكَالُ أَوْ يُوزَنُ ، قَالَ أَحْمَدُ : إِذَا قَالَ أَبِيعُكَ هَذَا الثَّوْبَ ، وَعَلَيَّ خِيَاطَتُهُ وَقَصَارَتُهُ ، فَهَذَا مِنْ نَحْوِ شَرْطَيْنِ فِي بَيْعٍ ، وَإِذَا قَالَ : أَبِيعُكَهُ وَعَلَيَّ خِيَاطَتُهُ ، فَلَا بَأْسَ بِهِ ، أَوْ قَالَ : أَبِيعُكَهُ وَعَلَيَّ قَصَارَتُهُ ، فَلَا بَأْسَ بِهِ ، إِنَّمَا هُوَ شَرْطٌ وَاحِدٌ .
Hakim bin Hizam (may Allah be pleased with him) says that the Messenger of Allah (peace and blessings of Allah be upon him) forbade me from selling something which was not in my possession. © Imam Tirmidhi says:
1- This hadith is Hasan (good).
2- Ishaq bin Mansur says: I asked Ahmad bin Hanbal: What is the meaning of the prohibition of combining sale with a loan? He said: Its form is that a man gives a loan to someone and then sells to him, taking a higher price for the goods. And it is also possible that someone gives an advance (salam) to someone for something and says: If you are unable to provide the money, then you must sell me this item. Ishaq (ibn Rahwayh) also said the same as Ahmad said.
3- Ishaq bin Mansur said: I asked Ahmad about the sale of something for which the seller is not liable. He replied: (This prohibition) in my view is only with the sale of food until it is possessed, that is, possession means liability. Ishaq bin Rahwayh also said the same as Ahmad said, but this prohibition applies to everything that is measured or weighed. Ahmad bin Hanbal says: When the seller says: I am selling you this cloth on the condition that its sewing and washing are my responsibility, then this form of sale is of the type of two conditions in one sale. And when the seller says: I am selling you this cloth on the condition that its sewing is my responsibility, or the seller says: I am selling you this cloth on the condition that its washing is my responsibility, then there is no objection in this sale, this is only one condition. Ishaq bin Rahwayh also said the same as Ahmad said.
1- This hadith is Hasan (good).
2- Ishaq bin Mansur says: I asked Ahmad bin Hanbal: What is the meaning of the prohibition of combining sale with a loan? He said: Its form is that a man gives a loan to someone and then sells to him, taking a higher price for the goods. And it is also possible that someone gives an advance (salam) to someone for something and says: If you are unable to provide the money, then you must sell me this item. Ishaq (ibn Rahwayh) also said the same as Ahmad said.
3- Ishaq bin Mansur said: I asked Ahmad about the sale of something for which the seller is not liable. He replied: (This prohibition) in my view is only with the sale of food until it is possessed, that is, possession means liability. Ishaq bin Rahwayh also said the same as Ahmad said, but this prohibition applies to everything that is measured or weighed. Ahmad bin Hanbal says: When the seller says: I am selling you this cloth on the condition that its sewing and washing are my responsibility, then this form of sale is of the type of two conditions in one sale. And when the seller says: I am selling you this cloth on the condition that its sewing is my responsibility, or the seller says: I am selling you this cloth on the condition that its washing is my responsibility, then there is no objection in this sale, this is only one condition. Ishaq bin Rahwayh also said the same as Ahmad said.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
Sometimes shopkeepers, when they do not have certain items desired by their customers, immediately have them brought from the market and provide them. The intention behind this is that the customer remains attached only to them. This situation is not permissible. One should only sell the goods that are present. It is not allowed to sell what is not available, except if the customer himself requests the shopkeeper to have the item brought and provided.
➋
If an animal has run away, selling it is not permissible. Or if some property is disputed between the two parties, then selling it before a decision and possession is not allowed.
➌
If something has been purchased but not yet received, and it has not come into one’s possession, then selling it is impermissible. It should be noted that, according to the well-known commercial practice, the transaction of forward sale (bay‘ al-salam) is permissible, the details of which have already been mentioned.
➊
Sometimes shopkeepers, when they do not have certain items desired by their customers, immediately have them brought from the market and provide them. The intention behind this is that the customer remains attached only to them. This situation is not permissible. One should only sell the goods that are present. It is not allowed to sell what is not available, except if the customer himself requests the shopkeeper to have the item brought and provided.
➋
If an animal has run away, selling it is not permissible. Or if some property is disputed between the two parties, then selling it before a decision and possession is not allowed.
➌
If something has been purchased but not yet received, and it has not come into one’s possession, then selling it is impermissible. It should be noted that, according to the well-known commercial practice, the transaction of forward sale (bay‘ al-salam) is permissible, the details of which have already been mentioned.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3503
Maulana Ataullah Sajid
Benefits and Issues:
➊
The clarification of the prohibited form is as follows: The seller does not possess an item, yet he determines its price and receives it, and says:
“When that item comes to me, I will give it to you.”
It is not known whether that item will come or not, or if it comes, whether the buyer will like it or not, or the item may turn out to be of lesser quality than the price paid.
There is a risk of disagreement and dispute arising between the two, therefore this form is prohibited.
➋
The sale of an unspecified item is also included in this, for example:
Before casting a net into the river, it is said that whatever fish come into the net, I sell them to you for such-and-such amount, while it is not known whether few or many fish will come into the net, whether they will be small or large, or whether any will come at all. Therefore, when the fish are brought out, then their sale can take place.
The first form falls under the sale of uncertainty (bay‘ al-gharar),
which is prohibited. (See Hadith: 2194, 2195)
➌
If the type, quantity, and characteristics of the item are determined, and the time of payment is also fixed, then it is permissible to pay the price in advance and receive the item at the appointed time later.
This is called forward sale (bay‘ al-salam or salaf). (See Hadith: 2280, 2282)
➊
The clarification of the prohibited form is as follows: The seller does not possess an item, yet he determines its price and receives it, and says:
“When that item comes to me, I will give it to you.”
It is not known whether that item will come or not, or if it comes, whether the buyer will like it or not, or the item may turn out to be of lesser quality than the price paid.
There is a risk of disagreement and dispute arising between the two, therefore this form is prohibited.
➋
The sale of an unspecified item is also included in this, for example:
Before casting a net into the river, it is said that whatever fish come into the net, I sell them to you for such-and-such amount, while it is not known whether few or many fish will come into the net, whether they will be small or large, or whether any will come at all. Therefore, when the fish are brought out, then their sale can take place.
The first form falls under the sale of uncertainty (bay‘ al-gharar),
which is prohibited. (See Hadith: 2194, 2195)
➌
If the type, quantity, and characteristics of the item are determined, and the time of payment is also fixed, then it is permissible to pay the price in advance and receive the item at the appointed time later.
This is called forward sale (bay‘ al-salam or salaf). (See Hadith: 2280, 2282)
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2187
Hafiz Muhammad Ameen
Urdu footnote:
"Do not make the deal," because it is possible that you may not find that item in the market, or you may find it at a price higher than the one you agreed upon, and then a dispute may arise. However, if the deal is not for a specific item but rather for a general item that is available in the market, and the buyer knows that the seller does not have it at present and will bring it from the market, then, insha Allah, there is no harm in making such a deal, as will be clarified in the previous hadith in the discussion regarding salam or salaf sale.
"Do not make the deal," because it is possible that you may not find that item in the market, or you may find it at a price higher than the one you agreed upon, and then a dispute may arise. However, if the deal is not for a specific item but rather for a general item that is available in the market, and the buyer knows that the seller does not have it at present and will bring it from the market, then, insha Allah, there is no harm in making such a deal, as will be clarified in the previous hadith in the discussion regarding salam or salaf sale.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4617
