سنن ترمذي
Tirmidhi
كتاب البيوع عن رسول الله صلى الله عليه وسلمThe Book on Business
باب مَا جَاءَ فِيمَنْ يَشْتَرِي الْعَبْدَ وَيَسْتَغِلُّهُ ثُمَّ يَجِدُ بِهِ عَيْبًاChapter: ….
Hadith 1286
حَدَّثَنَا أَبُو سَلَمَةَ يَحْيَى بْنُ خَلَفٍ، أَخْبَرَنَا عُمَرُ بْنُ عَلِيٍّ الْمُقَدَّمِيُّ، عَنْ هِشَامِ بْنِ عُرْوَةَ، عَنْ أَبِيهِ، عَنْ عَائِشَةَ، " أَنّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَضَى أَنَّ الْخَرَاجَ بِالضَّمَانِ " . قَالَ : هَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ غَرِيبٌ مِنْ حَدِيثِ هِشَامِ بْنِ عُرْوَةَ . قَالَ أَبُو عِيسَى : وَقَدْ رَوَى مُسْلِمُ بْنُ خَالِدٍ الزَّنْجِيُّ هَذَا الْحَدِيثَ ، عن هِشَامِ بْنِ عُرْوَةَ، وَرَوَاهُ جَرِيرٌ، عنْ هِشَامٍ أَيْضًا . وَحَدِيثُ جَرِيرٍ يُقَالُ : تَدْلِيسٌ دَلَّسَ فِيهِ جَرِيرٌ لَمْ يَسْمَعْهُ مِنْ هِشَامِ بْنِ عُرْوَةَ ، وَتَفْسِيرُ الْخَرَاجِ بِالضَّمَانِ ، هُوَ الرَّجُلُ يَشْتَرِي الْعَبْدَ ، فَيَسْتَغِلُّهُ ثُمَّ يَجِدُ بِهِ عَيْبًا ، فَيَرُدُّهُ عَلَى الْبَائِعِ ، فَالْغَلَّةُ لِلْمُشْتَرِي لِأَنَّ الْعَبْدَ لَوْ هَلَكَ هَلَكَ مِنْ مَالِ الْمُشْتَرِي ، وَنَحْوُ هَذَا مِنَ الْمَسَائِلِ يَكُونُ فِيهِ الْخَرَاجُ بِالضَّمَانِ .
‘Umm al-Mu’minin Aisha (may Allah be pleased with her) says that the Prophet Muhammad (peace and blessings of Allah be upon him) decided that the right to benefit is based on being liable as a guarantor. © Imam Tirmidhi says:
1- This hadith, narrated from Hisham bin ‘Urwah, is Hasan Sahih Gharib.
2- Imam Tirmidhi says: Muhammad bin Isma’il considered this hadith to be Gharib from the narration of ‘Umar bin ‘Ali. I asked: In your view, is there any tadlis in it? He said: No.
3- Muslim bin Khalid Zanji has narrated this hadith from Hisham bin ‘Urwah.
4- Jarir has also narrated it from Hisham.
5- And it is said that there is tadlis in Jarir’s hadith; Jarir has committed tadlis in it, he did not hear it from Hisham bin ‘Urwah.
6- The explanation of «الخراج بالضمان» is that a man buys a slave and makes him work for wages, then finds a defect in him and returns him to the seller; so the wages and benefit of the slave will belong to the buyer. Because if the slave had perished, the buyer’s wealth would have perished. In this and similar matters, the right to benefit is due to being liable as a guarantor.
1- This hadith, narrated from Hisham bin ‘Urwah, is Hasan Sahih Gharib.
2- Imam Tirmidhi says: Muhammad bin Isma’il considered this hadith to be Gharib from the narration of ‘Umar bin ‘Ali. I asked: In your view, is there any tadlis in it? He said: No.
3- Muslim bin Khalid Zanji has narrated this hadith from Hisham bin ‘Urwah.
4- Jarir has also narrated it from Hisham.
5- And it is said that there is tadlis in Jarir’s hadith; Jarir has committed tadlis in it, he did not hear it from Hisham bin ‘Urwah.
6- The explanation of «الخراج بالضمان» is that a man buys a slave and makes him work for wages, then finds a defect in him and returns him to the seller; so the wages and benefit of the slave will belong to the buyer. Because if the slave had perished, the buyer’s wealth would have perished. In this and similar matters, the right to benefit is due to being liable as a guarantor.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Explanation:
Whatever the slave earned belongs to the buyer.
If, during this period, any defect in him is discovered and he is returned, then only the slave will be returned.
His earnings will not be returned.
Because, hypothetically, if during these days the slave had died,
then this loss would have been borne by the buyer alone.
Explanation:
Whatever the slave earned belongs to the buyer.
If, during this period, any defect in him is discovered and he is returned, then only the slave will be returned.
His earnings will not be returned.
Because, hypothetically, if during these days the slave had died,
then this loss would have been borne by the buyer alone.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3508
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Explanation:
In this case, most likely Mukhlad had the work done without the agreement of his partner.
Therefore, the slave became his responsibility (guarantee).
If there had been agreement with the partner, then he too would have had a share in its income.
(From the translation of Allamah Waheed uz-Zaman)
Explanation:
In this case, most likely Mukhlad had the work done without the agreement of his partner.
Therefore, the slave became his responsibility (guarantee).
If there had been agreement with the partner, then he too would have had a share in its income.
(From the translation of Allamah Waheed uz-Zaman)
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3509
Maulana Ataullah Sajid
Benefits and Issues:
➊
If something that generates income is purchased and then returned, for the days that item remained with the buyer and he benefited from it, at the time of return, no compensation will be paid for that benefit.
The only exception to this rule is a milk-giving animal, for which, when it is returned, one sa‘ (a measure) of dates will be given along with it.
➋
If the animal dies while with the buyer, or if any other item is damaged or destroyed, then the buyer will bear this loss. Therefore, if the buyer gains any income from it, he will keep it himself; when returning the purchased item, he will not return the income derived from it to the seller.
➌
Our esteemed researcher has declared the aforementioned narration weak in terms of its chain of transmission. However, this same narration is also found in Sunan Abi Dawud (3510), where our researcher has written regarding it that this narration is weak in its chain, but the previous narration (3509) suffices for it. Therefore, according to our esteemed researcher, despite this narration being weak in its chain, it is correct in meaning and practicable. Moreover, other researchers have graded this narration as hasan (good).
—See: (Sahih Sunan Ibn Majah by al-Albani, no. 1836, and al-Mawsu‘ah al-Hadithiyyah Musnad al-Imam Ahmad: 40/272, 273)
➊
If something that generates income is purchased and then returned, for the days that item remained with the buyer and he benefited from it, at the time of return, no compensation will be paid for that benefit.
The only exception to this rule is a milk-giving animal, for which, when it is returned, one sa‘ (a measure) of dates will be given along with it.
➋
If the animal dies while with the buyer, or if any other item is damaged or destroyed, then the buyer will bear this loss. Therefore, if the buyer gains any income from it, he will keep it himself; when returning the purchased item, he will not return the income derived from it to the seller.
➌
Our esteemed researcher has declared the aforementioned narration weak in terms of its chain of transmission. However, this same narration is also found in Sunan Abi Dawud (3510), where our researcher has written regarding it that this narration is weak in its chain, but the previous narration (3509) suffices for it. Therefore, according to our esteemed researcher, despite this narration being weak in its chain, it is correct in meaning and practicable. Moreover, other researchers have graded this narration as hasan (good).
—See: (Sahih Sunan Ibn Majah by al-Albani, no. 1836, and al-Mawsu‘ah al-Hadithiyyah Musnad al-Imam Ahmad: 40/272, 273)
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2243
Hafiz Muhammad Ameen
For example: If a person bought an animal, and after a few days a defect or deception was discovered in it, then the sale is annulled. However, the milk and similar benefits obtained from the animal during the days it remained with the buyer will belong to him, because if the animal had suffered any loss during those days, the responsibility would have fallen upon the buyer. Similarly, during those days, the responsibility for its feed and other expenses was also upon him.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4495
