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Preventing Fraud in Sales and the Ruling on Talaqqi al-Jalb

Prevention of Deception in Sales and the Prohibition of Talaqqi al-Jalb


Written by: Imran Ayyub Lahori


Right of Cancellation for the One Deceived or Selling Before Reaching the Market


Ibn ‘Umar (رضي الله عنهما) narrated:
A man mentioned to the Messenger of Allah ﷺ that he was frequently cheated in sales. The Prophet ﷺ said:


"إذا بايعت فقل: لا خلابة"
"When you make a transaction, say: ‘No deception’."
[al-Bukhari: 2117, Kitab al-Buyu‘: Bab ma yukrahu min al-khida‘ fi al-bay‘, Muslim: 1533, Abu Dawud: 3500, al-Nasa’i: 4484, al-Bayhaqi: 5/273, Sharh al-Sunnah: 8/46, al-Daraqutni: 3/54, al-Hakim: 2/22]


If deception still occurs, then the right of cancellation (khiyar) is established.
The narration stating that the Prophet ﷺ gave him three days to decide has been declared weak by Hafiz al-Busiri (رحمه الله).
[Misbah al-Zujajah: 2/22]


Prohibition of Meeting Traders Before They Reach the Market


Hadith of Abu Hurairah (رضي الله عنه):
The Messenger of Allah ﷺ said:


"لا تلقوا الجلب فمن تلقي فاشترى منه فإذا أتى سيده السوق فهو بالخيار"
"Do not meet traders bringing goods (to the city). Whoever meets them and buys from them, then when the owner reaches the market, he has the option (to keep the sale or cancel it)."
[Muslim: 1519, Kitab al-Buyu‘: Bab Tahreem Talaqqi al-Jalb]


The apparent meaning of the Hadith is that even if the purchase price was equal to the market price, the seller still has the right of choice.
[Subul al-Salam: 3/1084]


Hadith of Ibn ‘Umar (رضي الله عنهما):


"كنا نتلقى الركبان فنشتري منهم الطعام فنهانا رسول الله أن نبيعه حتى يبلغ به سوق الطعام"

"We used to meet caravans and buy food from them (before they reached the city), but the Messenger of Allah ﷺ forbade us from selling it until they had reached the food market."
[al-Bukhari: 2166, Muslim: 1517, Abu Dawud: 3436, al-Nasa’i: 4498, Ibn Majah: 2179]


Explanation of the Prohibition


Meeting traders (talaqqi) means that a townsman intercepts a villager or trader before he reaches the city market, misleads him about the market price, and purchases his goods at a lower price than their true value.


Purpose of the prohibition:
To protect the seller from fraud, deception, and financial harm.
 
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