سنن ترمذي
Tirmidhi
كتاب البيوع عن رسول الله صلى الله عليه وسلمThe Book on Business
باب مَا جَاءَ فِيمَنْ يُخْدَعُ فِي الْبَيْعِChapter: ….
Hadith 1250
اُردوEn
حَدَّثَنَا يُوسُفُ بْنُ حَمَّادٍ الْبَصْرِيُّ، حَدَّثَنَا عَبْدُ الْأَعْلَى بْنُ عَبْدِ الْأَعْلَى، عَنْ سَعِيدٍ، عَنْ قَتَادَةَ، عَنْ أَنَسٍ، أَنَّ رَجُلًا كَانَ فِي عُقْدَتِهِ ضَعْفٌ ، وَكَانَ يُبَايِعُ ، وَأَنَّ أَهْلَهُ أَتَوْا النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالُوا : يَا رَسُولَ اللَّهِ ، احْجُرْ عَلَيْهِ ، فَدَعَاهُ نَبِيُّ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَنَهَاهُ ، فَقَالَ : يَا رَسُولَ اللَّهِ ، إِنِّي لَا أَصْبِرُ عَنِ الْبَيْعِ ، فَقَالَ : " إِذَا بَايَعْتَ فَقُلْ : هَاءَ وَهَاءَ ، وَلَا خِلَابَةَ " . قَالَ أَبُو عِيسَى : وَفِي الْبَاب ، عَنْ ابْنِ عُمَرَ . وَحَدِيثُ أَنَسٍ حَدِيثٌ حَسَنٌ صَحِيحٌ غَرِيبٌ ، وَالْعَمَلُ عَلَى هَذَا الْحَدِيثِ عِنْدَ بَعْضِ أَهْلِ الْعِلْمِ ، وَقَالُوا : الْحَجْرُ عَلَى الرَّجُلِ الْحُرِّ فِي الْبَيْعِ وَالشِّرَاءِ إِذَا كَانَ ضَعِيفَ الْعَقْلِ ، وَهُوَ قَوْلُ : أَحْمَدَ ، وَإِسْحَاق ، وَلَمْ يَرَ بَعْضُهُمْ أَنْ يُحْجَرَ عَلَى الْحُرِّ الْبَالِغِ .
Anas (may Allah be pleased with him) reports that there was a man who was weak-minded in buying and selling, and he used to engage in trade frequently. His family came to the Prophet (peace and blessings of Allah be upon him) and said: O Messenger of Allah! Please stop him from buying and selling. So the Prophet (peace and blessings of Allah be upon him) called him and forbade him from it. He said: O Messenger of Allah! I cannot be patient if I stop trading. The Prophet (peace and blessings of Allah be upon him) said: “(Alright) when you make a sale, say: ‘Give with one hand and take with the other, and let there be no cheating.’” __QUR_N__
Imam Tirmidhi says:
1- The hadith of Anas is Hasan Sahih Gharib.
2- There is also a narration from Ibn Umar (may Allah be pleased with them) in this chapter.
3- Some people of knowledge act upon this hadith; they say that a free person can be prevented from buying and selling if he is weak-minded. This is also the opinion of Ahmad and Ishaq bin Rahwayh.
4- And some people do not consider it correct to prevent a free, mature person from trading. __XREF_N__
Imam Tirmidhi says:
1- The hadith of Anas is Hasan Sahih Gharib.
2- There is also a narration from Ibn Umar (may Allah be pleased with them) in this chapter.
3- Some people of knowledge act upon this hadith; they say that a free person can be prevented from buying and selling if he is weak-minded. This is also the opinion of Ahmad and Ishaq bin Rahwayh.
4- And some people do not consider it correct to prevent a free, mature person from trading. __XREF_N__
Related hadith on this topic
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Commentary:
Explanation:
1:
This refers to Hibban bin Munqidh bin Amr al-Ansari, and according to one opinion, it refers to his father. During a military expedition in which he fought alongside the Prophet (sallallahu alayhi wa sallam), he suffered a severe head injury from a stone, which resulted in a weakness of his memory and intellect, and also caused a change in his speech. However, he had not yet lost his ability to distinguish (right from wrong).
2:
The meaning is that there is no deception or fraud in religion, because religion is the name of sincere advice and goodwill.
3:
It is said that this ruling was specific to Hibban bin Munqidh.
Explanation:
1:
This refers to Hibban bin Munqidh bin Amr al-Ansari, and according to one opinion, it refers to his father. During a military expedition in which he fought alongside the Prophet (sallallahu alayhi wa sallam), he suffered a severe head injury from a stone, which resulted in a weakness of his memory and intellect, and also caused a change in his speech. However, he had not yet lost his ability to distinguish (right from wrong).
2:
The meaning is that there is no deception or fraud in religion, because religion is the name of sincere advice and goodwill.
3:
It is said that this ruling was specific to Hibban bin Munqidh.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1250
Maulana Ataullah Sajid
Benefits and Issues:
(1)
«لاخلابة» is not deception.
The meaning is that if you deceive me in this transaction, then upon discovering it, I have the right to annul the sale.
(2)
He would be deceived because, due to a severe wound to his head at one time, his intellect had been affected.
(3)
A person whose intellect is not sound can, as a rule, be prevented from buying and selling, and his sale can be declared null and void. After that, whoever conducts transactions with him will be personally responsible, because the heirs have the right to declare his transactions null and void.
(1)
«لاخلابة» is not deception.
The meaning is that if you deceive me in this transaction, then upon discovering it, I have the right to annul the sale.
(2)
He would be deceived because, due to a severe wound to his head at one time, his intellect had been affected.
(3)
A person whose intellect is not sound can, as a rule, be prevented from buying and selling, and his sale can be declared null and void. After that, whoever conducts transactions with him will be personally responsible, because the heirs have the right to declare his transactions null and void.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2354
Hafiz Muhammad Ameen
(1) Deceit in trade and commerce is, according to the Shari‘ah, impermissible and unlawful. Such a trader who deceives people in buying and selling consumes their wealth through invalid means, and this is forbidden.
(2) From this blessed hadith, it is also established that if there is any condition from one party that is permissible according to the Shari‘ah, then it will be considered valid. Not only will the condition be valid, but due to it, the party will also have the right to annul and terminate the transaction.
(3) This hadith also indicates this important issue that a solitary report (khabar wahid) is definitively authoritative (a proof).
(4) Due to a reasonable excuse, a mature (baligh) person can be prohibited from engaging in trade.
(5) “There should be no deceit” — it is as if it is being said: If there is deceit, the transaction will be returned. If a transaction can be returned by explicitly stipulating a condition of return, then what objection can there be to returning it based on an implicit condition of return?
(2) From this blessed hadith, it is also established that if there is any condition from one party that is permissible according to the Shari‘ah, then it will be considered valid. Not only will the condition be valid, but due to it, the party will also have the right to annul and terminate the transaction.
(3) This hadith also indicates this important issue that a solitary report (khabar wahid) is definitively authoritative (a proof).
(4) Due to a reasonable excuse, a mature (baligh) person can be prohibited from engaging in trade.
(5) “There should be no deceit” — it is as if it is being said: If there is deceit, the transaction will be returned. If a transaction can be returned by explicitly stipulating a condition of return, then what objection can there be to returning it based on an implicit condition of return?
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4490
