Narrated Ibn 'Umar: The Prophet (ﷺ) prohibited the sale of Habalil-Habalah. [He said:] There are narrations on this topic from 'Abdullah bin 'Abbas and Abu Sa'eed Al-Khudri [Abu 'Eisa said:] The Hadith of Ibn 'Umar is Hasan Sahih Hadith. This is acted upon according to the people of knowledge. And Hababil-Habalah is the offspring of the offspring (of an animal). It is an invalid sale according to the people of knowledge and it is type of Gharar sale. Shu'bah reported this Hadith from Ayyub, from Sa'eed bin Jubair, from Ibn 'Abbas. 'Abdul Wahhab Ath-Thaqafi and others reported it from Ayyub, from Sa'eed bin Jubair and Nafi', from Ibn 'Umar, from the Prophet (ﷺ), and this is more correct.
Read More..Narrated Abu Hurairah: The Messenger of Allah (ﷺ) prohibited the Gharar sale, and the Hasah sale. [He said:] There are narrations on this topic from Ibn 'Umar, Ibn 'Abbas, Abu Sa'eed, and Anas. [Abu 'Eisa said:] This Hadith of Abu Hurairah is Hasan Sahih Hadith. This Hadith is acted upon according to the people of knowledge, they dislike the Gharar. Ash-Shafi'i said: The Gharar sale includes selling fish that are in the wate, selling a slave that has escaped, selling birds that are in the sky, and similar type of sales. And the meaning of Hasah sale is when the seller says to the buyer: 'When I toss the pebble at you, then the sale between you and I is final.' This resembles the sale of Munabadhah and this is one of the selling practices of the people of Jahiliyyah.
Read More..Narrated Abu Hurairah: The Messenger of Allah (ﷺ) prohibited two sales in one. There are narrations on this topic from 'Abdullah bin 'Amr, Ibn 'Umar, and Ibn Mas'ud. [Abu Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. Some of the people of knowledge have explained it by saying that two sales in one is when one says: I will sell you this garment for ten in cash, and twenty on credit. He does not distinguish between either of the two sales. But when he distinguishes it as being one of them, then there is no harm when one of them is agreed upon. Ash-Shafi'i said: Included in the meaning of what the Prophet (ﷺ) prohibited of regarding two sales in one, is if one said: 'I will sell you the house of mine for that (price), upon the condition that you sell me you alve for this (price). When I get the slave, then you get the house.' In this way the sales are distinguished without the prices being known, and neither of them knows what will happen at the conclusion of it (the agreement).
Read More..Narrated Hakim b. Hizam: I asked Messenger of Allah (ﷺ), I said: 'A man came to me asking to buy something that I did not have. Can I buy it from the market for him and then give it to him?' He said: 'Do not sell what is not with you.' He said: There are narrations on this topic from 'Abdullah bin 'Umar.
Read More..Narrated Hakim b. Hizam: The Messenger of Allah (ﷺ) prohibited me from selling what was not with me. [Abu 'Eisa said:] This Hadith is Hasan. He said: There is something on this topic from 'Abdullah bin 'Umar. Ishaq bin Mansur said: I said to Ahmad: 'What is the meaning of the prohibition from a loan along with a sale? He said: 'That he gives him a loan and then he makes a sale to him greater then it's actual worth. And, it carries the meaning of him loaning it to him in exchange for something (as collateral), so he says: 'If you are unable to pay it (the loan), the it (the collateral) will be a sale for you.' Ishaq [bin Rahuwyah] said as he said. And I said to Ahmad: 'What about selling what one does not possess?' He said: 'To me it does not apply except in cases of food - meaning one has not taken possession of it.' And Ishaq said the same for all of what is measured or weighed. Ahmad said: 'When he says: I will sell you this garment, with the condition that I am the tailor for it, and I am the one who bleaches it.' This is an example of two conditions in one sale. But if he says: I am selling it to you with the condition that I am its tailor, then there is no harm in it. And, if he said: I am selling it to you with the condition that I am the one who bleaches it then there is no harm in it, because this is only one condition.' And Ishaq said as he said.
Read More..Narrated Ayyub: 'Amr bin Shu'aib narrated to us, saying: My father narrated to me from his father' until he mentioned 'Abdullah bin 'Amr: The Messenger of Allah (ﷺ) said: 'It is not lawful to lend and sell, nor two conditions in a sale, nor to profit from what is not possessed, nor to sell what one does not have.' [Abu 'Eisa said:] This Hadith is Hasan Sahih. [Abu 'Eisa said:] The Hadith of Hakim bin Hizam is a Hasan Hadith, it has been reported from him through other routes. Ayyub As-Sakhtiyani and Abu Bishr report from Yusuf bin Mahak, from Hakim bin Hizam. [Abu 'Eisa said:] 'Awf and Hisham bin Hassan reported this Hadith from Ibn Sirin, from Hakim bin Hizam from the Prophet (ﷺ). And this is a Mursal Hadith. Ibn Sirin only reported it from Ayyub As-Sikhtiyani from Yusuf bin Mahak, from Hakim bin Hizam like this.
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