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سنن ترمذي
Tirmidhi
كتاب البيوع عن رسول الله صلى الله عليه وسلمThe Book on Business
باب مَا جَاءَ فِي السَّلَفِ فِي الطَّعَامِ وَالثَّمَرِChapter: Sale of Grain and Dates with Advance Payment (Bay' Salaf)
Hadith 1311
اُردوEn
حَدَّثَنَا أَحْمَدُ بْنُ مَنِيعٍ، حَدَّثَنَا سُفْيَانُ، عَنْ ابْنِ أَبِي نَجِيحٍ، عَنْ عَبْدِ اللَّهِ بْنِ كَثِيرٍ، عَنْ أَبِي الْمِنْهَالِ، عَنْ ابْنِ عَبَّاسٍ، قَالَ : قَدِمَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الْمَدِينَةَ ، وَهُمْ يُسْلِفُونَ فِي الثَّمَرِ ، فَقَالَ : " مَنْ أَسْلَفَ ، فَلْيُسْلِفْ فِي كَيْلٍ مَعْلُومٍ ، وَوَزْنٍ مَعْلُومٍ إِلَى أَجَلٍ مَعْلُومٍ " . قَالَ : وَفِي الْبَاب ، عَنْ ابْنِ أَبِي أَوْفَى ، وَعَبْدِ الرَّحْمَنِ بْنِ أَبْزَى . قَالَ أَبُو عِيسَى : حَدِيثُ ابْنِ عَبَّاسٍ حَدِيثٌ حَسَنٌ صَحِيحٌ ، وَالْعَمَلُ عَلَى هَذَا عِنْدَ أَهْلِ الْعِلْمِ مِنْ أَصْحَابِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَغَيْرِهِمْ ، أَجَازُوا السَّلَفَ فِي الطَّعَامِ ، وَالثِّيَابِ وَغَيْرِ ذَلِكَ ، مِمَّا يُعْرَفُ حَدُّهُ ، وَصِفَتُهُ ، وَاخْتَلَفُوا فِي السَّلَمِ فِي الْحَيَوَانِ ، فَرَأَى بَعْضُ أَهْلِ الْعِلْمِ مِنْ أَصْحَابِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَغَيْرِهِمْ ، السَّلَمَ فِي الْحَيَوَانِ جَائِزًا ، وَهُوَ قَوْلُ : الشَّافِعِيِّ ، وَأَحْمَدَ ، وَإِسْحَاق ، وَكَرِهَ بَعْضُ أَهْلِ الْعِلْمِ مِنْ أَصْحَابِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَغَيْرِهِمْ ، السَّلَمَ فِي الْحَيَوَانِ ، وَهُوَ قَوْلُ : سُفْيَانَ ، وَأَهْلِ الْكُوفَةِ ، أَبُو الْمِنْهَالِ اسْمُهُ عَبْدُ الرَّحْمَنِ بْنُ مُطْعِمٍ .
‘Abdullah bin ‘Abbas (may Allah be pleased with them) says that the Messenger of Allah (peace and blessings of Allah be upon him) came to Madinah and the people of Madinah used to practice salam (advance payment) in fruits, that is, they used to pay the price in advance. He said: “Whoever does salam should do so for a specified measure, a specified weight, and a specified period.” © Imam Tirmidhi says:
1- The hadith of Ibn ‘Abbas (may Allah be pleased with them) is hasan sahih.
2- In this chapter, ahadith have also been narrated from Ibn Abi Awfa and ‘Abdur Rahman bin Abza (may Allah be pleased with them).
3- The practice of the people of knowledge among the Companions and others is upon this. They consider it permissible to pay in advance for the purchase of grain, cloth, and things whose quantity and description are known.
4- There is a difference of opinion regarding paying in advance for the purchase of animals.
5- Some people of knowledge consider it permissible to pay in advance for the purchase of animals. This is also the saying of Shafi‘i, Ahmad, and Ishaq bin Rahwayh. And some of the people of knowledge among the Companions and others considered it disliked to pay in advance for the purchase of animals. This is the saying of Sufyan and the people of Kufah.
1- The hadith of Ibn ‘Abbas (may Allah be pleased with them) is hasan sahih.
2- In this chapter, ahadith have also been narrated from Ibn Abi Awfa and ‘Abdur Rahman bin Abza (may Allah be pleased with them).
3- The practice of the people of knowledge among the Companions and others is upon this. They consider it permissible to pay in advance for the purchase of grain, cloth, and things whose quantity and description are known.
4- There is a difference of opinion regarding paying in advance for the purchase of animals.
5- Some people of knowledge consider it permissible to pay in advance for the purchase of animals. This is also the saying of Shafi‘i, Ahmad, and Ishaq bin Rahwayh. And some of the people of knowledge among the Companions and others considered it disliked to pay in advance for the purchase of animals. This is the saying of Sufyan and the people of Kufah.
Related hadith on this topic
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
For example, one agrees to receive grain of a specified weight in exchange for one hundred rupees exactly three months from today. Having agreed upon this, the buyer pays the one hundred rupees immediately. This is a *bay‘ salam* (forward sale), which is permissible. Now, upon completion of the specified period, the seller must deliver the grain of the agreed-upon weight to the buyer.
For example, one agrees to receive grain of a specified weight in exchange for one hundred rupees exactly three months from today. Having agreed upon this, the buyer pays the one hundred rupees immediately. This is a *bay‘ salam* (forward sale), which is permissible. Now, upon completion of the specified period, the seller must deliver the grain of the agreed-upon weight to the buyer.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2240
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
In this hadith, dates are mentioned because in Madinah Tayyibah, the transaction of salam (forward sale) used to take place specifically regarding dates. However, if the dates are still on the tree and one wishes to conduct a salam transaction for them, its conditions will be explained later. The purpose at this point is merely to state that, along with measurement and weight, specifying the time period is also necessary so that no dispute arises. If there is any dishonesty in this matter, a lawsuit can be filed and compensation can also be recovered.
(2)
There are also everyday items whose transactions are based on counting, for example:
In the buying and selling of eggs, counting will be considered.
It should be noted that in payment of the amount, some can be paid in advance and some can be paid later as per agreement.
In this regard, a bank guarantee is also useful, provided that it does not involve any element of interest.
(1)
In this hadith, dates are mentioned because in Madinah Tayyibah, the transaction of salam (forward sale) used to take place specifically regarding dates. However, if the dates are still on the tree and one wishes to conduct a salam transaction for them, its conditions will be explained later. The purpose at this point is merely to state that, along with measurement and weight, specifying the time period is also necessary so that no dispute arises. If there is any dishonesty in this matter, a lawsuit can be filed and compensation can also be recovered.
(2)
There are also everyday items whose transactions are based on counting, for example:
In the buying and selling of eggs, counting will be considered.
It should be noted that in payment of the amount, some can be paid in advance and some can be paid later as per agreement.
In this regard, a bank guarantee is also useful, provided that it does not involve any element of interest.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2240
Maulana Dawood Raz
Hadith Commentary:
Those items which are sold by measure or weight, it is necessary to fix the measure or weight when conducting a salam (advance purchase) contract.
If the measure or weight is not specified, then this salam sale will not be permissible. In short, it is essential for this sale that the weight be specified and the time period be fixed; otherwise, there is a risk of many harms.
For this reason, in this hadith, emphasis has been placed on this matter.
Those items which are sold by measure or weight, it is necessary to fix the measure or weight when conducting a salam (advance purchase) contract.
If the measure or weight is not specified, then this salam sale will not be permissible. In short, it is essential for this sale that the weight be specified and the time period be fixed; otherwise, there is a risk of many harms.
For this reason, in this hadith, emphasis has been placed on this matter.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2239
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
In a forward sale (bay‘ salam), the cash amount is called the capital (ra’s al-mal) and the sale is called salam. There are several conditions for it:
➊ For items that are measured, weighed, or counted, it is necessary to specify the measurement, weight, or number.
➋ The type of item to be delivered in exchange for the advance payment must be stated—whether it is wheat, barley, or dates.
➌ Its variety and characteristics must also be specified, such as which type of wheat or what kind of dates are to be delivered.
➍ The time of delivery must be fixed, whether it will be after one month or two months; that is, specifying the date is also necessary.
➎ It is also necessary to clarify at which place or location the item will be delivered.
➏ The capital (ra’s al-mal) must also be handed over in advance to the seller (muslam ilayh).
(2)
In the hadith, only one condition is mentioned: that for items sold by measure or weight, specifying the measurement or weight is necessary. If the weight or measurement is not fixed, many problems and corruptions can arise.
(1)
In a forward sale (bay‘ salam), the cash amount is called the capital (ra’s al-mal) and the sale is called salam. There are several conditions for it:
➊ For items that are measured, weighed, or counted, it is necessary to specify the measurement, weight, or number.
➋ The type of item to be delivered in exchange for the advance payment must be stated—whether it is wheat, barley, or dates.
➌ Its variety and characteristics must also be specified, such as which type of wheat or what kind of dates are to be delivered.
➍ The time of delivery must be fixed, whether it will be after one month or two months; that is, specifying the date is also necessary.
➎ It is also necessary to clarify at which place or location the item will be delivered.
➏ The capital (ra’s al-mal) must also be handed over in advance to the seller (muslam ilayh).
(2)
In the hadith, only one condition is mentioned: that for items sold by measure or weight, specifying the measurement or weight is necessary. If the weight or measurement is not fixed, many problems and corruptions can arise.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2239
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary:
Vocabulary of the Hadith:
Dahad, dhalal, zalaq, and rada‘—all these words are synonymous; they refer to mud and clay in which a person slips.
Benefits and Issues:
➊
(“Sallu fi buyutikum” and “Sallu fi rihalikum” and “Sallu fi al-rihal”)
The purpose of all these phrases is to grant concession from attending the mosque, because according to Ibn Abbas (radi Allahu anhuma), if these words are not said, then one would have to come to the mosque, and this would be a cause of hardship and distress for the weak, the elderly, and the sick.
➋
The words of concession can also be said in place of (“Hayya ‘ala al-salah” and “Hayya ‘ala al-falah”); it is not necessary to say them at the end of the adhan.
➌
In the case of mud and clay, when coming to the mosque for Jumu‘ah becomes a cause of hardship and difficulty for someone, he may leave Jumu‘ah and instead perform the Zuhr prayer at home.
Islam takes into consideration the convenience and ease of people, and in times of hardship and difficulty, it creates allowance and facilitation.
Vocabulary of the Hadith:
Dahad, dhalal, zalaq, and rada‘—all these words are synonymous; they refer to mud and clay in which a person slips.
Benefits and Issues:
➊
(“Sallu fi buyutikum” and “Sallu fi rihalikum” and “Sallu fi al-rihal”)
The purpose of all these phrases is to grant concession from attending the mosque, because according to Ibn Abbas (radi Allahu anhuma), if these words are not said, then one would have to come to the mosque, and this would be a cause of hardship and distress for the weak, the elderly, and the sick.
➋
The words of concession can also be said in place of (“Hayya ‘ala al-salah” and “Hayya ‘ala al-falah”); it is not necessary to say them at the end of the adhan.
➌
In the case of mud and clay, when coming to the mosque for Jumu‘ah becomes a cause of hardship and difficulty for someone, he may leave Jumu‘ah and instead perform the Zuhr prayer at home.
Islam takes into consideration the convenience and ease of people, and in times of hardship and difficulty, it creates allowance and facilitation.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 1604
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit:
There is a well-known jurisprudential principle in acts of worship and transactions:
That in acts of worship, the original ruling is prohibition.
Meaning, no act of worship can be performed except that for which the Shariah has granted permission.
And as for transactions (which are prevalent and ongoing among people), they are originally lawful and permissible,
except if the Shariah prohibits a particular transaction.
The sale of advance payment (bay‘ al-salam or salaf) was already a common practice among people,
which the Noble Prophet (sallallahu alayhi wa sallam) affirmed.
However, he placed this restriction that the description of the commodity, its quantity or weight, and the period must be known and specified.
Without this, the sale of salam will not be permissible.
Benefit:
There is a well-known jurisprudential principle in acts of worship and transactions:
That in acts of worship, the original ruling is prohibition.
Meaning, no act of worship can be performed except that for which the Shariah has granted permission.
And as for transactions (which are prevalent and ongoing among people), they are originally lawful and permissible,
except if the Shariah prohibits a particular transaction.
The sale of advance payment (bay‘ al-salam or salaf) was already a common practice among people,
which the Noble Prophet (sallallahu alayhi wa sallam) affirmed.
However, he placed this restriction that the description of the commodity, its quantity or weight, and the period must be known and specified.
Without this, the sale of salam will not be permissible.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3463
Hafiz Muhammad Ameen
The specified measure refers to the quantity of grain or fruit that is being sold. The specified weight refers to the amount of gold or silver that is being given as the price, meaning that the rate should be determined and fixed. The specified period refers to the time when the payment of the grain or fruit has been agreed upon. In other words, everything should be made clear. There should be no ambiguity in any matter so that the possibility of dispute is eliminated. In this case, the sale of salam (advance payment sale) or salaf is permissible, even if it is for a period longer than one year.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4620
Maulana Ataullah Sajid
Benefits and Issues:
➊
Receiving the price of an item in advance and delivering the item itself later at a specified time is called "Bay‘ Salam" and "Bay‘ Salaf" (forward sale).
➋
For the permissibility of this sale, it is necessary that the quantity and type of the item being sold and purchased, the time of payment and delivery of the required item, and other such matters in which there is a risk of dispute, should be determined in advance.
➌
In Bay‘ Salaf, it is not necessary for the seller to possess the item at that time; rather, it is sufficient if there is a strong likelihood that the seller will acquire the item by the promised time and will be able to hand it over to the buyer at the specified time.
➍
In Bay‘ Salaf, the price is also determined at the very beginning, when the payment is made.
➊
Receiving the price of an item in advance and delivering the item itself later at a specified time is called "Bay‘ Salam" and "Bay‘ Salaf" (forward sale).
➋
For the permissibility of this sale, it is necessary that the quantity and type of the item being sold and purchased, the time of payment and delivery of the required item, and other such matters in which there is a risk of dispute, should be determined in advance.
➌
In Bay‘ Salaf, it is not necessary for the seller to possess the item at that time; rather, it is sufficient if there is a strong likelihood that the seller will acquire the item by the promised time and will be able to hand it over to the buyer at the specified time.
➍
In Bay‘ Salaf, the price is also determined at the very beginning, when the payment is made.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2280
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
This hadith discusses the sale of salam (advance payment sale); "salam" and "salaf" are the same thing. By this is meant a type of sale in which the price is paid in advance and the goods are received later, but at the specified time. This sale is valid according to the conditions mentioned in the hadith, and those conditions are: the item must be specified, its quantity and the time period must be known. This sale is permissible in all things, because the wording of [صحيح البخاري : 2241] is: «مـن أسـلـف فـي شيئ» (whoever pays the price in advance for anything), and the generality of this hadith includes all things.
This hadith discusses the sale of salam (advance payment sale); "salam" and "salaf" are the same thing. By this is meant a type of sale in which the price is paid in advance and the goods are received later, but at the specified time. This sale is valid according to the conditions mentioned in the hadith, and those conditions are: the item must be specified, its quantity and the time period must be known. This sale is permissible in all things, because the wording of [صحيح البخاري : 2241] is: «مـن أسـلـف فـي شيئ» (whoever pays the price in advance for anything), and the generality of this hadith includes all things.
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 520
