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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 الطَّعَامِ حَتَّى يَسْتَوْفِيَهُChapter: Selling grain before possession is not permissible.
Hadith 1291
اُردوEn
حَدَّثَنَا قُتَيْبَةُ، حَدَّثَنَا حَمَّادُ بْنُ زَيْدٍ، عَنْ عَمْرِو بْنِ دِينَارٍ، عَنْ طَاوُسٍ، عَنْ ابْنِ عَبَّاسٍ، أَنّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : " مَنِ ابْتَاعَ طَعَامًا فَلَا يَبِعْهُ حَتَّى يَسْتَوْفِيَهُ " . قَالَ ابْنُ عَبَّاسٍ : وَأَحْسِبُ كُلَّ شَيْءٍ مِثْلَهُ . قَالَ : وَفِي الْبَاب ، عَنْ جَابِرٍ ، وَابْنِ عُمَرَ ، وَأَبِي هُرَيْرَةَ . قَالَ أَبُو عِيسَى : حَدِيثُ ابْنِ عَبَّاسٍ حَدِيثٌ حَسَنٌ صَحِيحٌ ، وَالْعَمَلُ عَلَى هَذَا عِنْدَ أَكْثَرِ أَهْلِ الْعِلْمِ ، كَرِهُوا بَيْعَ الطَّعَامِ ، حَتَّى يَقْبِضَهُ الْمُشْتَرِي ، وَقَدْ رَخَّصَ بَعْضُ أَهْلِ الْعِلْمِ فِيمَنِ ابْتَاعَ شَيْئًا مِمَّا لَا يُكَالُ وَلَا يُوزَنُ مِمَّا لَا يُؤْكَلُ ، وَلَا يُشْرَبُ ، أَنْ يَبِيعَهُ قَبْلَ أَنْ يَسْتَوْفِيَهُ ، وَإِنَّمَا التَّشْدِيدُ عِنْدَ أَهْلِ الْعِلْمِ فِي الطَّعَامِ ، وَهُوَ قَوْلُ : أَحْمَدَ ، وَإِسْحَاق .
Narrated by Abdullah bin Abbas (may Allah be pleased with them both): The Prophet (peace and blessings of Allah be upon him) said: “Whoever buys grain should not sell it until he has taken possession of it.” __QUR_N__ Ibn Abbas (may Allah be pleased with them both) said: I consider everything to be like grain in this regard. __XREF_N__ Imam Tirmidhi says:
1- The hadith of Ibn Abbas (may Allah be pleased with them both) is Hasan Sahih.
2- In this chapter, there are also ahadith from Jabir, Ibn Umar, and Abu Hurairah (may Allah be pleased with them all).
3- Most of the people of knowledge act upon this; they have declared it impermissible to sell grain until the buyer has taken possession of it.
4- And some of the people of knowledge have permitted selling before possession for one who buys something that is neither measured nor weighed, nor eaten or drunk.
5- According to the people of knowledge, the strictness is regarding grain. This is also the view of Ahmad and Ishaq bin Rahwayh. __REF_N__
1- The hadith of Ibn Abbas (may Allah be pleased with them both) is Hasan Sahih.
2- In this chapter, there are also ahadith from Jabir, Ibn Umar, and Abu Hurairah (may Allah be pleased with them all).
3- Most of the people of knowledge act upon this; they have declared it impermissible to sell grain until the buyer has taken possession of it.
4- And some of the people of knowledge have permitted selling before possession for one who buys something that is neither measured nor weighed, nor eaten or drunk.
5- According to the people of knowledge, the strictness is regarding grain. This is also the view of Ahmad and Ishaq bin Rahwayh. __REF_N__
Related hadith on this topic
Brief Explanation
1؎: The fundamental principle of Islamic law (Shari‘ah) in buying and selling is that the purchaser must not sell the purchased item to another until he has taken complete possession of it. This possession (qabdh) will be determined according to the nature of each item, and in this regard, the local custom (‘urf — customary practice) will also be considered, i.e., how possession is recognized for a particular item in that area. For example, regarding movable items, Shari‘ah has laid down a general principle for complete possession: the buyer should transfer the item from the seller’s place to his own place, or in the case of items measured by volume, he should measure them; for items weighed, he should weigh them; and for items estimated by assessment, he should change their location.
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
The fundamental principle of Islamic law (Shari‘ah) in buying and selling is that the purchaser must not sell an item to another person until he has taken complete possession of it.
And this possession (qabdh) will be determined for each item according to the nature of that item.
Furthermore, in this regard, the local custom (‘urf — customary practice) will also be taken into consideration, that is, how possession is recognized for a particular item in that locality. For example, regarding movable items, the Shari‘ah has established a general principle for complete possession: that the buyer transfers the item from the seller’s place to his own place, or, in the case of items measured by volume, he measures it, and in the case of items weighed, he weighs it, and for items estimated by assessment, he changes its location.
1:
The fundamental principle of Islamic law (Shari‘ah) in buying and selling is that the purchaser must not sell an item to another person until he has taken complete possession of it.
And this possession (qabdh) will be determined for each item according to the nature of that item.
Furthermore, in this regard, the local custom (‘urf — customary practice) will also be taken into consideration, that is, how possession is recognized for a particular item in that locality. For example, regarding movable items, the Shari‘ah has established a general principle for complete possession: that the buyer transfers the item from the seller’s place to his own place, or, in the case of items measured by volume, he measures it, and in the case of items weighed, he weighs it, and for items estimated by assessment, he changes its location.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1291
Maulana Dawood Raz
Hadith Commentary:
That is, when anything is purchased, it should not be sold before taking possession of it.
That is, when anything is purchased, it should not be sold before taking possession of it.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2135
Maulana Dawood Raz
Hadith Commentary:
Its situation is as follows: For example, Zaid purchased two maunds of wheat from Amr in exchange for two rupees, and it was agreed with Amr that the wheat would be delivered after two months. Now, Zaid sold this same wheat to Bakr for four rupees. In reality, it is as if Zaid has sold two rupees for four rupees, which is clearly usury (riba), because the wheat does not yet exist—it will only be received after two months—and in effect, money is being exchanged for money.
Its situation is as follows: For example, Zaid purchased two maunds of wheat from Amr in exchange for two rupees, and it was agreed with Amr that the wheat would be delivered after two months. Now, Zaid sold this same wheat to Bakr for four rupees. In reality, it is as if Zaid has sold two rupees for four rupees, which is clearly usury (riba), because the wheat does not yet exist—it will only be received after two months—and in effect, money is being exchanged for money.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2132
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The purpose and reasoning of Imam Bukhari rahimahullah have already been explained in the benefits of the first hadith. Here, we wish to clarify the position of Ibn Abbas radi Allahu anhu, which is as follows: Zaid bought two man (a unit of weight) of grain from Umar for two hundred rupees, with the agreement that the grain would be delivered after two months. Now, Zaid sold the purchased two man of grain to Bakr for four hundred rupees. This is explicit usury (riba), because the grain does not yet exist—it will be received after two months. At this point, money is being sold for money.
(2)
Since the wording (wal-ta‘am murja’an) appears in the narration, Imam Bukhari rahimahullah, in accordance with this, provided a linguistic explanation of the Qur’anic verse: ﴿وَآخَرُونَ مُرْجَوْنَ لِأَمْرِ اللَّـهِ﴾ (), stating that its meaning is “to defer” or “to postpone.”
(1)
The purpose and reasoning of Imam Bukhari rahimahullah have already been explained in the benefits of the first hadith. Here, we wish to clarify the position of Ibn Abbas radi Allahu anhu, which is as follows: Zaid bought two man (a unit of weight) of grain from Umar for two hundred rupees, with the agreement that the grain would be delivered after two months. Now, Zaid sold the purchased two man of grain to Bakr for four hundred rupees. This is explicit usury (riba), because the grain does not yet exist—it will be received after two months. At this point, money is being sold for money.
(2)
Since the wording (wal-ta‘am murja’an) appears in the narration, Imam Bukhari rahimahullah, in accordance with this, provided a linguistic explanation of the Qur’anic verse: ﴿وَآخَرُونَ مُرْجَوْنَ لِأَمْرِ اللَّـهِ﴾ (), stating that its meaning is “to defer” or “to postpone.”
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2132
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: Remaining seated in the mosque after the morning (Fajr) prayer until sunrise for the purpose of remembrance (dhikr), supplications (adhkar), and recitation (of the Qur’an) is a means of reward and merit. It is permissible to listen to and narrate pre-Islamic events or other historical incidents for the sake of admonition, exhortation, or taking lessons. Furthermore, while maintaining the sanctity and respect of the mosque, it is also permissible to laugh or smile therein when needed.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 1525
Shaykh Umar Farooq Saeedi
Benefits and Issues:
The wisdoms behind these teachings are clear.
The purpose is that there should not be stagnation in the marketplace.
Wealth and capital should remain in circulation.
Laborers should receive wages, and people should obtain sustenance with ease and at affordable prices.
Nowadays, the main reason for the high cost of goods is precisely this:
That merchandise remains stored in one place,
And capitalists keep selling it to one another right there.
Or, the goods have not yet come into the possession of one buyer before he sells them onward,
And then that person sells them onward again.
All these situations are in conflict with the Shariah principles,
And their result is back-breaking inflation.
Wa la hawla wa la quwwata illa billah.
The wisdoms behind these teachings are clear.
The purpose is that there should not be stagnation in the marketplace.
Wealth and capital should remain in circulation.
Laborers should receive wages, and people should obtain sustenance with ease and at affordable prices.
Nowadays, the main reason for the high cost of goods is precisely this:
That merchandise remains stored in one place,
And capitalists keep selling it to one another right there.
Or, the goods have not yet come into the possession of one buyer before he sells them onward,
And then that person sells them onward again.
All these situations are in conflict with the Shariah principles,
And their result is back-breaking inflation.
Wa la hawla wa la quwwata illa billah.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3496
Hafiz Muhammad Ameen
Weighing is also a form of taking possession.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4601
Hafiz Muhammad Ameen
The view of Ibn Abbas (radi Allahu anhu) is correct because, in one narration from the Messenger of Allah (sallallahu alayhi wa sallam), general words are used: "Do not sell anything until you have taken possession of it." In Sunan Abu Dawud, there is a hadith narrated from Zayd bin Thabit (radi Allahu anhu): [أن النبي ﷺ نهى أن تُباعَ السلعُ حيث تُبتاعُ حتى يحوزها التجارُ إلى رحالهم] "Indeed, the Messenger of Allah (sallallahu alayhi wa sallam) forbade selling goods at the place of purchase until the traders have transported them to their own locations (shops, stores, etc.)." (Sunan Abu Dawud, Al-Buyu', Hadith: 3499) This blessed hadith is a clear and explicit proof of the deep understanding of religion (fiqh) possessed by Abdullah bin Abbas (radi Allahu anhu).
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4604
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
In this hadith, an important principle of buying and selling has been stated: that when goods are lying in a place, one should purchase them and take them into one’s possession, and only then can they be sold to someone else. There are countless wisdoms in this, which not everyone is able to comprehend. In the present era, this well-known hadith is being opposed greatly, except for those upon whom my Lord has mercy.
In this hadith, an important principle of buying and selling has been stated: that when goods are lying in a place, one should purchase them and take them into one’s possession, and only then can they be sold to someone else. There are countless wisdoms in this, which not everyone is able to comprehend. In the present era, this well-known hadith is being opposed greatly, except for those upon whom my Lord has mercy.
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 518
