Four Shar‘i Reasons for the Prohibition of a Certain Transaction in Qur’an and Hadith
(Taken from: Aḥkām wa Masā’il, Masā’il of Trade, vol. 1, p. 388)
❖ Question:
In our area, a specific type of transaction is practiced:
Zaid owns 10 goats worth 10,000 rupees. He gives these goats to ‘Amr, with the condition that ‘Amr will repay the 10,000 rupees by selling the male offspring of those goats. It is further agreed that from both the goats and their offspring, half will belong to Zaid and half to ‘Amr.
For example, if the goats increase to 20, then 10 will belong to Zaid and 10 to ‘Amr.
What is the Shar‘i ruling of this transaction in light of Qur’an and Hadith?
❖ Answer:
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ‘alā Rasūlillāh, ammā ba‘d:
The transaction described is Shar‘i-wise invalid and ḥarām, and its prohibition is based on four Shar‘i reasons:
① Resemblance to the Pre-Islamic Transaction of Ḥabl al-Ḥabalah
The condition that the payment of 10,000 rupees will be made through the sale of male offspring of goats resembles the Jāhiliyyah transaction of Ḥabl al-Ḥabalah, which the Prophet ﷺ prohibited.
Hadith:
"نَهَى رَسُولُ اللَّهِ ﷺ عَنْ بَيْعِ حَبَلِ الْحَبَلَةِ"
(Sahih al-Bukhari, Sahih Muslim)
② Two Conditions in a Single Sale
This transaction contains two conditions:
- Payment of the price (10,000) will be made from selling the male offspring.
- Half of the goats and their offspring will belong to Zaid.
The Prophet ﷺ forbade sales with two conditions.
Hadith:
"نَهَى رَسُولُ اللَّهِ ﷺ عَنْ بَيْعٍ فِيهِ شَرْطَانِ"
(Sunan Abi Dawud, Sunan al-Tirmidhi, Sunan al-Nasa’i)
③ Two Sales in One Sale
This agreement includes two sales combined:
- Cash sale of the goats for 10,000 rupees.
- A deferred sale with profit (half of the goats and their offspring for Zaid).
The Prophet ﷺ forbade two sales within one sale.
Hadith:
"مَنْ بَاعَ بَيْعَتَيْنِ فِي بَيْعَةٍ فَلَهُ أَوْكَسُهُمَا أَوِ الرِّبَا"
(Sunan Abi Dawud)
“Whoever makes two sales in one sale, he will either have the lesser of the two or it will be riba.”
④ Involvement of Riba (Usury)
The price of the goats is fixed at 10,000 rupees, but after some time, ‘Amr will not only repay the 10,000 but also give half of the offspring to Zaid.
This additional profit constitutes riba (usury).
Hadith:
"مَنْ بَاعَ بَيْعَتَيْنِ فِیْ بَيْعَةٍ فَلَهُ أَوْکَسُهُمَا أَوِ الرِّبَا"
(Sunan Abi Dawud)
❖ Conclusion
This transaction is:
✘ Invalid in Sharī‘ah
✘ Prohibited (ḥarām)
✘ Involving riba
May Allah grant us all the ability to adhere to Sharī‘ah and avoid unlawful transactions.
Āmīn Yā Rabb al-‘Ālamīn.
