سنن ترمذي
Tirmidhi
كتاب البيوع عن رسول الله صلى الله عليه وسلمThe Book on Business
باب مَا جَاءَ إِذَا اخْتَلَفَ الْبَيِّعَانِChapter: ….
Hadith 1270
حَدَّثَنَا قُتَيْبَةُ، حَدَّثَنَا سُفْيَانُ، عَنْ ابْنِ عَجْلَانَ، عَنْ عَوْنِ بْنِ عَبْدِ اللَّهِ، عَنْ ابْنِ مَسْعُودٍ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " إِذَا اخْتَلَفَ الْبَيِّعَانِ ، فَالْقَوْلُ قَوْلُ الْبَائِعِ ، وَالْمُبْتَاعُ بِالْخِيَارِ " . قَالَ أَبُو عِيسَى : هَذَا حَدِيثٌ مُرْسَلٌ عَوْنُ بْنُ عَبْدِ اللَّهِ لَمْ يُدْرِكْ ابْنَ مَسْعُودٍ . وَقَدْ رُوِيَ عَنْ الْقَاسِمِ بْنِ عَبْدِ الرَّحْمَنِ، عَنْ ابْنِ مَسْعُودٍ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ هَذَا الْحَدِيثُ أَيْضًا ، وَهُوَ مُرْسَلٌ أَيْضًا ، قَالَ أَبُو عِيسَى 12 : قَالَ إِسْحَاق بْنُ مَنْصُورٍ ، قُلْتُ لِأَحْمَدَ : إِذَا اخْتَلَفَ الْبَيِّعَانِ ، وَلَمْ تَكُنْ بَيِّنَةٌ ، قَالَ : الْقَوْلُ مَا قَالَ رَبُّ السِّلْعَةِ ، أَوْ يَتَرَادَّانِ ، قَالَ إِسْحَاق : كَمَا قَالَ ، وَكُلُّ مَنْ كَانَ الْقَوْلُ قَوْلَهُ فَعَلَيْهِ الْيَمِينُ . قَالَ أَبُو عِيسَى : هَكَذَا رُوِيَ عَنْ بَعْضِ أَهْلِ الْعِلْمِ مِنَ التَّابِعِينَ مِنْهُمْ : شُرَيْحٌ وَغَيْرُهُ نَحْوُ هَذَا .
‘Abdullah bin Mas’ud (may Allah be pleased with him) says that the Messenger of Allah (peace and blessings of Allah be upon him) said: “When there is a dispute between the seller and the buyer, the statement of the seller will be accepted, and the buyer will have the choice.” © Imam Tirmidhi says:
1- This hadith is mursal; ‘Awn bin ‘Abdullah did not meet Ibn Mas’ud,
2- And this hadith is also narrated from Qasim bin ‘Abdur-Rahman, who narrated from Ibn Mas’ud, and Ibn Mas’ud narrated from the Prophet (peace and blessings of Allah be upon him). And this narration is also mursal,
3- Ishaq bin Mansur says: I asked Ahmad: When there is a dispute between the seller and the buyer and there is no witness, whose statement will be accepted? He said: The statement of the owner of the goods will be considered, or both should take back their respective things, i.e., the seller takes back the goods and the buyer takes back the price. Ishaq bin Rahwayh also said the same as Ahmad,
4- And whoever’s statement is accepted, he will have to take an oath. © Imam Tirmidhi says:
It is narrated in the same way from some of the scholars among the Tabi’in, among whom is Shurayh.
1- This hadith is mursal; ‘Awn bin ‘Abdullah did not meet Ibn Mas’ud,
2- And this hadith is also narrated from Qasim bin ‘Abdur-Rahman, who narrated from Ibn Mas’ud, and Ibn Mas’ud narrated from the Prophet (peace and blessings of Allah be upon him). And this narration is also mursal,
3- Ishaq bin Mansur says: I asked Ahmad: When there is a dispute between the seller and the buyer and there is no witness, whose statement will be accepted? He said: The statement of the owner of the goods will be considered, or both should take back their respective things, i.e., the seller takes back the goods and the buyer takes back the price. Ishaq bin Rahwayh also said the same as Ahmad,
4- And whoever’s statement is accepted, he will have to take an oath. © Imam Tirmidhi says:
It is narrated in the same way from some of the scholars among the Tabi’in, among whom is Shurayh.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit.
In this, an appropriate method has been suggested for resolving disagreements.
Benefit.
In this, an appropriate method has been suggested for resolving disagreements.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3511
Maulana Ataullah Sajid
Benefits and Issues:
➊ Deferred purchase and sale are permissible. Such disputes arise only when the item has been received but the price has not been paid.
➋ Such misunderstandings occur when a loan or deferred transaction is settled verbally and not put into writing. Therefore, it is better to write it down in such situations, as Allah the Exalted has said:
“And do not be weary of writing it down, whether it is small or large, until its term. That is more just in the sight of Allah, more suitable for testimony, and more likely to prevent doubt among you.”
Writing down the debt, whether small or large, for a specified term, should not be neglected. This is more just in the sight of Allah, helps to establish testimony, and is more likely to prevent doubts.
➌ In the view of the noble Companions (radi Allahu anhum), the status of hadith was so elevated that when a hadith was presented, both parties would accept it and end the dispute.
A Muslim’s conduct should be the same.
➍ In case of disagreement, if testimony is available, the decision should be made based on the testimony.
➎ If there are no witnesses and it is possible to return the purchased item, then the seller’s claim should be accepted, or the transaction should be canceled and the item returned. Both options are permissible.
➏ In case of disagreement, it is necessary to maintain mutual respect and avoid abuse and accusations.
➊ Deferred purchase and sale are permissible. Such disputes arise only when the item has been received but the price has not been paid.
➋ Such misunderstandings occur when a loan or deferred transaction is settled verbally and not put into writing. Therefore, it is better to write it down in such situations, as Allah the Exalted has said:
“And do not be weary of writing it down, whether it is small or large, until its term. That is more just in the sight of Allah, more suitable for testimony, and more likely to prevent doubt among you.”
Writing down the debt, whether small or large, for a specified term, should not be neglected. This is more just in the sight of Allah, helps to establish testimony, and is more likely to prevent doubts.
➌ In the view of the noble Companions (radi Allahu anhum), the status of hadith was so elevated that when a hadith was presented, both parties would accept it and end the dispute.
A Muslim’s conduct should be the same.
➍ In case of disagreement, if testimony is available, the decision should be made based on the testimony.
➎ If there are no witnesses and it is possible to return the purchased item, then the seller’s claim should be accepted, or the transaction should be canceled and the item returned. Both options are permissible.
➏ In case of disagreement, it is necessary to maintain mutual respect and avoid abuse and accusations.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2186
Hafiz Muhammad Ameen
English Translation:
Stating the price is the right of the seller. If the buyer agrees, then it is valid; otherwise, the sale will not take place. If there is a dispute—such that the buyer claims the deal was settled at a lower price, while the seller asserts it was at a higher price—then if there is a witness present, the decision will be made based on his testimony. Otherwise, in this situation, the statement of the seller will be considered authoritative. Now, it is up to the buyer to accept the transaction according to this, or else the sale will be annulled. This is the opinion in accordance with the hadith. As for the matter mentioned in the hadith regarding both parties taking oaths in case of a dispute, its chain of narration is weak; therefore, there is no need to act upon it. See: (Dhakheerat al-‘Uqba, Sharh Sunan al-Nasa’i by al-Atiyubi: 198/35). Moreover, as long as the buyer and seller are present in their session, either party may demand the cancellation of the transaction, and it is obligatory for the other party to accept this, as has been mentioned previously. (See, Hadith: 4462)
Stating the price is the right of the seller. If the buyer agrees, then it is valid; otherwise, the sale will not take place. If there is a dispute—such that the buyer claims the deal was settled at a lower price, while the seller asserts it was at a higher price—then if there is a witness present, the decision will be made based on his testimony. Otherwise, in this situation, the statement of the seller will be considered authoritative. Now, it is up to the buyer to accept the transaction according to this, or else the sale will be annulled. This is the opinion in accordance with the hadith. As for the matter mentioned in the hadith regarding both parties taking oaths in case of a dispute, its chain of narration is weak; therefore, there is no need to act upon it. See: (Dhakheerat al-‘Uqba, Sharh Sunan al-Nasa’i by al-Atiyubi: 198/35). Moreover, as long as the buyer and seller are present in their session, either party may demand the cancellation of the transaction, and it is obligatory for the other party to accept this, as has been mentioned previously. (See, Hadith: 4462)
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4652
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، البيوع، باب إذا اختلف البيعان والمبيع قائم، حديث:3511، والترمذي، البيوع، حديث:1270، والنسائي، البيوع، حديث:4652، وابن ماجه، التجارات، حديث:2186، وأحمد:1 /466، والحاكم:2 /45.»©Explanation:
This hadith establishes that when a dispute arises between the seller and the buyer regarding an item, preference will be given to the statement of the seller.
If the buyer accepts this statement, then it is fine; otherwise, the buyer should take back the amount he paid, and the seller should take back the item he sold, and the transaction should be annulled.
This is only possible when the item is still present in its original condition.
«أخرجه أبوداود، البيوع، باب إذا اختلف البيعان والمبيع قائم، حديث:3511، والترمذي، البيوع، حديث:1270، والنسائي، البيوع، حديث:4652، وابن ماجه، التجارات، حديث:2186، وأحمد:1 /466، والحاكم:2 /45.»©Explanation:
This hadith establishes that when a dispute arises between the seller and the buyer regarding an item, preference will be given to the statement of the seller.
If the buyer accepts this statement, then it is fine; otherwise, the buyer should take back the amount he paid, and the seller should take back the item he sold, and the transaction should be annulled.
This is only possible when the item is still present in its original condition.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 650
