Fiqh Course - Summer 2007 - troid.orgFiqh Course - Summer 2007 ! Bulughul-Maram: Book of Business...

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Fiqh Course - Summer 2007 !

Bulughul-Maram: Book of Business Transactions !

by Ibn Hajr Al-‘Asqalaanee

!Taught by: Moosaa Richardson !

www.troid.ca !

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Classes: 1 -‐ 4 ! 1

http://www.troid.ca

Bulughul-‐Maram is a concise book that expounds on the evidences that go along with fiqh rulings. The ahadeeth contained in this book does not have menBon of the chain of narrators, it does not contain any opinions or deducBons. This important book is a book of ahadeeth related to fiqh rulings.

Therefore, Bulughul-‐Maram can be classified as a hadeeth book -‐ since there are no opinions or deducBons, and a fiqh book -‐ since it is organised into fiqh chapters.

• Fiqh means to have understanding of the text and being able to apply it to situaBons.

• Fiqh is understanding the meanings of the Book and the Sunnah according to the understanding of the Sahaabah.

The author of Bulughul-‐Maram is the ameer ul-‐mu`mineen of hadeeth in his Bme, Ibn Hajar Al-‐‘Asqalaani. His full name Abul-‐Fadl Shihaabuddin Ahmad bin ‘Ali bin Muhammad Ibn Hajar Al-‐‘Asqalaani. BeOer known as Ibn Hajar Al-‐‘Asqalaani (rahimahullaah) due to the name of his great grandfather. He was part of the Shaafi’i madhab.

He wrote many books including Fath Al-‐Baari -‐ the commentary of Saheeh al-‐Bukhaaree. Bulughul-‐Maram is a collecBon of 1600 hadeeth. Muhammad bin Ismaa’eel al-‐Ameer As-‐Sanani (d. 1182) wrote an explanaBon of Bulughul-‐Maram, called ‘Subul-‐us-‐Salam,’ which is used in our explanaBon.

Ibn Hajar Al-‐‘Asqalaani died in the year 852H (rahimahullaah).

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Class: 1 Hadeeth #648 -‐ 649

The Best Earnings, Forbiddance of selling khamr, dead animals, swine and idols

Hadeeth #648

Narrated Rifaa’a bin Raafi’ (radiyallaahu ‘anhu): The Prophet (sallallaahu ‘alayhi wa sallam) was asked, ‘What type of earning is best?’ He replied, “A man’s work with his hand and every buisness transacOon which is approved.

[Taken from ‘Bulugh Al-‐Maram -‐ ATainment of the ObjecOve according to Evidence of the Ordinances’ complied by Al-‐Hafiz Ibn Hajar Al-‐Asqalani. Dar-‐us-‐Salam PublicaOons (page 2730). Reported by Al-‐

Bazzaar; Al-‐Haakim graded it Sahih.]

Points from the hadeeth:

The hadeeth is reported by RIfaa’a bin Raafi’. However, Rifaa’a bin Raafi’ was not a Companion of the Prophet (sallaallaahu ‘alayhi wa sallam).

In another source of this hadeeth, it is reported by Rifaa’a bin Raafi’ on the authority of his father, Raafi’ Ibn Khadeej. Raafi’ Ibn Khadeej is a Companion of the Prophet (sallallaahu ‘alayhi wa sallam). The error is that they skipped the part, ‘on the authority of his father.’

• The Sahaabah used to ask each and everything that would benefit them in the dunyaa and the Herea]er.

• There is an indicaBon in this hadeeth that professions are in different levels of goodness. Some are beOer than others.

• The profession that is the most halaal and with the most barakah is a person that works with his own hands.

• The best profession is a transacBon which is free from cheaBng and decepBon.

• Collected by Bazzaar and al-‐Haakim (d. 405H) in al-‐Mustadrak. Al-‐Haakim brought hadeeth that he felt should have been included in Bukhaaree and Muslim because of the strength of their chains. Mustradrak means to come behind someone and to finish the job. Mustradak means the compleBon of the job. He brought around 7000 hadeeth that he thought should have been included in Bukhaaree and Muslim. He was lenient in his grading of ahadeeth.

• Al-‐Bukhaaree menBoned one narrator has problems with authenBcity. Second one, is slightly weak. Third one is declared hasan by al-‐Haakim.

• Overall, the hadeeth is declared saheeh by way of numerous routes.

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Hadeeth #649

Narrated Jaabir bin ‘Abdullaah (radiyallaahu ‘anhu): I heard Allaah’s Messenger (sallallaahu ‘alayhi wa

sallam) saying in the year of the Conquest when he was in Makka, “Allaah and His Messenger have

forbidden the sale of wine, dead animals, swine and idols.” He was asked, ‘O Allaah’s Messenger, what

about the fat of a dead animal for it is used for caulking ships, greasing skins and making oils for lamps?‘

He replied, “No, it is unlawful.” Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) then added: “May

Allaah curse the Jews, when Allaah the Most High declared the fat of such animals unlawful they melted

it, then sold it and enjoyed the price they received.”

[Taken from ‘Bulugh Al-‐Maram -‐ ATainment of the ObjecOve according to Evidence of the Ordinances’ complied by Al-‐Hafiz Ibn Hajar Al-‐Asqalani. Dar-‐us-‐Salam PublicaOons (page 273). Agreed upon.]

!Points from the hadeeth:

• ‘Agreed upon’ here means collected by Bukhaaree and Muslim.

• The meaning of ‘mayta’ -‐ that which has lost its life by other than the Islaamic slaughtering method.

• Some Scholars hold the posiBon that animals that are hunted and shot with an arrow are halaal. According to the hadeeth, ‘Say bismillaah and shoot the arrow.’ Other Scholars hold the posiBon that when you find the animal that has been shot with an arrow or killed by the hunted animal, then you have to also cut the jugular vein. All Scholars agree that fish do not need to be slaughtered.

• A response to the quesBon, ‘Why are intoxicants, mayta and swine prohibited?’ The response someBmes is because they are impure. However the evidence for this is not found. Shaykh Bazmool (hafidhahullaah) explains that when the Companions learnt about the prohibiBon of alcohol, they poured it in the streets of Madina. Would they intenBonally put something najs in the streets? Therefore alcohol is not najs.

• Alcohol is prohibited because the Prophet (sallallaahu ‘alahyi wa sallam) prohibited it. Anything that Allaah has prohibited is harmful to us in the dunya and the akhira.

• A fiqh principle is that everything is halaal unOl there is a proof that it is najs or haraam.

• The hair or wool on the dead animal can be used and is not part of the dead animal. The skin or hides can be taken a]er tanning, even if the animal was not slaughtered properly. Therefore, skin is exempted from the mayta.

• The Companions sought clarificaBon about the fat. The Prophet (sallallaahu ‘alayhi wa sallam) did not rebuke them as the quesBon had a basis. The sale of fat is impermissible and it cannot be used.

• Some Scholars hold that idols cannot be sold or used, you should get rid of it. Other Scholars say that they can be sold if they are broken then they are not idols anymore, therefore they can be sold.

• General principle: When Allaah ta’alaa prohibits something, He also prohibits its price.

• To trick yourself into doing the haraam, is the way of the Jews.

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Class: 2

Hadeeth #650 -‐ 652 !Differing over a sale (between the buyer and seller), The Prohibited Payment for a dog and earnings of a prosOtute and a soothsayer

Hadeeth #650

Narrated Ibn Mas’ood (radiyallaahu ‘anhu): I heard Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) saying, “When two people who are arranging a business transacOon disagree and there is no proof to arbitrate between them, the seller’s word is final, or they may break the deal.”


Khamsa and authenOcated by Al-‐Haakim.]


• Al-‐Khamsa means five. They are Aboo Daawood, at-‐Tirmidhee, Nasaa’i, Ibn Maajah and Imaam Ahmad bin Hanbal.

• It was authenBcated by Al-‐Haakim means that Al-‐Haakim collected it in his Mustadrak -‐ the ahadeeth that he considered should have been part of al-‐Bukhaaree and Muslim. His ruling is that it is sahih. Al-‐Albaanee came to the same conclusion as al-‐Haakim, that it is sahih.

• As-‐Sanani menBons there are three types of differing that is being referred to in the hadeeth. Differing in the actual item being sold, differing in the price and differing in the condiBon placed on the item.

• If there is differing over these three things, the sellers word is final when there isn’t a bayyinah, when it is either not wriOen down or when there aren’t any witnesses for the sale. If there were witnesses then the judge can rule using the bayyinah. Or the judge can rule that they can abandon what they have.

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Haeeth #651

Narrated Abu Mas’ood Al-‐Ansaari (radiyallaahu ‘anhu): Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) prohibited the price paid for a dog, the payment made to a prosOtute, and the gil given to a soothsayer.”



• Agreed upon means it is collected by al-‐Bukhaaree and Muslim.

• If the Prophet (sallallaahu ‘alayhi wa sallam) forbade the price for something then he forbade the sale of it.

• Ibn Hajar menBons the majority of the Scholars saw this to be any type of dog.

• HunBng dogs, guard dogs and dogs for the blind are permissible to own.

• Majority of Scholars say is not permissible to buy or sell them, even if the dog is allowed to be owned.

• Small number of Scholars say if it is permissible to keep a certain dog, then its sale is permissible too.

• The explanaBon of this hadeeth can be found in Fath Al-‐Baari, as it is collected in Bukhaaree and Muslim.

• Ibn Hajar menBons an issue: If someone causes the dog to die unintenBonally, is he responsible for the price? Some Scholars like Imaam Maalik said, if it is a dog permissible to keep you have to reimburse for the price of the dog. The majority of Scholars say you do not have to pay any price for the dog. , which is based on the hadeeth forbidding the price of a dog. If someone asks for the price of a dog that you have killed mistakenly then fill his hands with dirt. Collected by Aboo Daawood. Ibn Hajar declared it saheeh using it to support the posiBon of the majority of the Scholars.

• Aboo Daawood menBons an addiBon, to the payment of a prosBtute, unBl you know where she gets her money from. The hadeeth is for the slave owner of a female slave. He has a right to her money, however if he suspects she is a prosBtute then it is not allowed to take her money.

• Some Scholars say it is not permissible to take a slave girl’s money if he suspects that she is a prosBtute. Other Scholars say it is not permissible to take any of her money anyway.

• ProhibiBon of the money of a soothsayer and to take money from them. It is an acBon that is baaBl, enBrely prohibited, so the earnings cannot be taken from it.

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!Hadeeth #652

Narrated Jaabir bin ‘Abdullaah (radiyallaahu ‘anhu): I was traveling on a camel of my own which had grown jaded and I intended to let it off. The Prophet (sallallaahu ‘alayhi wa sallam) followed me and made supplicaOon for me and struck it, then it went as it had never done before. He then said, “Sell it to me for one Uqiya.” I replied, “No.” He again said, “Sell it to me.” So I sold it to him for one Uqiya, but condiOoned that I should be allowed to ride it home. Then when I reached (home), I took the camel to him and he paid me its price in ready money. I then went back and he sent someone aler me. (When I came), he said, “Do you think that I asked you to reduce the value of your camel’s price to take it? Take your camel and your coins; for it is yours.”

[Taken from ‘Bulugh Al-‐Maram -‐ ATainment of the ObjecOve according to Evidence of the Ordinances’ complied by Al-‐Hafiz Ibn Hajar Al-‐Asqalani. Dar-‐us-‐Salam PublicaOons (page 274-‐275). Agreed upon;

and this is Muslim’s version.]


• An uqiya is equal to about 40 dirhams (silver coins). Some narraBons menBon 2, 5, or 2 uqiya and a dirham (81 dirhams), some said 2 uqiya and two dirhams (82 dirhams).

• The Scholars of fiqh have said that the important part is that Jaabir put a condiBon on this sale. Jaabir gets to keep the animal unBl he gets home. This shows that when you buy or sell something you can put a condiBon on it, as long as both parBes agree.

• Point of fiqh is the proof for the permissibility of sBpulaBons in transacBons.

• In this narraBon, Jaabir replied in the negaBve to the Prophet (sallallaahu ‘alayhi wa sallam) when he was asked to make the sale. This is not a command, but a sale, so it was permissible for him to bargain with him.

• The Prophet (sallallaahu ‘alayhi wa sallam) thought Jaabir was giving the camel to him for a bargain because he was the Messenger of Allaah. He knew this was Jaabir’s only camel which he needed. He also knew that when Jaabir’s aunt knew he had sold the camel she was angry with him. This led the Prophet (sallallaahu ‘alayhi wa sallam) to return the camel out of love for his Companion.

• In one narraBon it says, sell it for one uqiya and Allaah will have mercy on you. Some people thought this was a special sale. The Scholars clarified this statement saying that this way of speaking was the custom of the Arabs, to say ‘may Allaah have mercy upon you.’

• In some narraBons it said that the Prophet (sallallaahu ‘alayhi wa sallam) asked Jaabir twenty-‐five Bmes before he sold it to him.

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Class: 3

Hadeeth #654, 655 and 657

The various ruling on a mouse falling in to Ghee (solid or saturated buTer/shortening),

The Inheritance from a freed slave and condiOons that do not have a basis in the Book

of Allaah/Sunnah.

Hadeeth #654

Narrated Maimuna (radiyallaahu ‘anha), the wife of the Prophet (sallallaahu ‘alayhi wa sallam): A mouse fell into some ghee and died. The Prophet (sallallaahu ‘alayhi wa sallam) was asked about it and he replied, “Throw it and what is surrounding it away and eat it (the ghee).”


Bukhaaree; Ahmad and An-‐Nasaa’i added: “into a solid ghee.”.]


• The mouse that has died is najus. Everything that a najus thing touches is also najus making it impermissible to use

• Oils or fats that have become najus have no use and need to be thrown out, there is no benefit in keeping it.

• Najasa is permissible to touch to remove it.

• Can this najaasa be used as a ferBlizer? This is one way of geing rid of a najaasa by bringing a benefit. You are permiOed to pick it up, and put it in a place which brings benefits

• Sheep dung is not najaasa. The Scholars have ruled that the waste maOer of an animal that is permissible to eat is not najus, and the waste maOer of an animal that is impermissible to eat is najus.

• Some Ulema consider insects are najaasa. Can we use them to feed other animals? Hadeeth of the women that was punished because she didn’t feed the cat nor let it feed on insects by itself. Therefore it is a proof that animals can eat najaasa.

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Hadeeth #655

Narrated Abu Huraira (radiyallaahu ‘anhu): Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) said, “If a mouse falls into ghee which is solid, throw the mouse and what is surrounding it away; but if it is in a liquid state do not go near it.”

[Taken from ‘Bulugh Al-‐Maram -‐ ATainment of the ObjecOve according to Evidence of the Ordinances’ complied by Al-‐Hafiz Ibn Hajar Al-‐Asqalani. Dar-‐us-‐Salam PublicaOons (page 275). Ahmad and Abu

Daa’ood reported it; Al-‐Bukhaaree and Abu HaaOm ruled it to be misconceived.]


• This is not an authenBc hadeeth.

• It supports the hadeeth of Maimuna without any contradicBons.

• We can call it hasan al-‐ghareehee, since it has support from another narraBon.

• The differing about the authenBcity of this hadeeth, Ibn Hibbaan declared this hadeeth to be authenBc, he refuted, Abu HaaBm and Bukhaaree. The differing over this chain does not dispute the authenBcity of the meaning established by other authenBc ahadeeth.

• The ruling and meaning of this hadeeth is established by other texts.

• In this hadeeth, there is a difference to be made between solid and liquid. Here there is more direcBon of what to do in each case than the previous hadeeth.

• If it is in solid ghee, then throw away what is around it and keep the rest. If it is liquid ghee then throw all of it away.

• If something najas falls into food products, then if the najaasa spreads throughout the food product, like a liquid, then all of it is to be thrown away. If the food is contained then you can throw away the contaminated part and keep the rest.

• As-‐Sanani menBoned that even if the container is large, and the najaasa is not contained, then throw away the enBre thing.

• We make a disBncBon with water, if najaasah fell into a big container of water, and you did not noBce a change in the smell, taste or flavour then it is considered pure. If it is a small container of water had najaasa fall in it, even if we didn’t see a change in the colour, taste or flavour, then we throw it out.

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Hadeeth #657

Narrated ‘Aisha (radiyallaahu ‘anha): Barira came to her and said, “I had arranged to buy my freedom for nine Uqiya; one to be paid annually, so help me.” ‘Aisha (radiyallaahu ‘anhu) replied, “If your people are willing that I should count them out to them, and I shall have the right to inherit from you, I shall do so.” Barira went to her people and told them about it, but they refused the offer. When she came back Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) was siong (in the house). She said, “I offered that to them, but they insisted that the right to inherit from me should be theirs.” The Prophet (sallallaahu ‘alayhi wa sallam) heard that and ‘Aisha (radiyallaahu ‘anha) told him about it, so he said to ‘Aisha (radiyallaahu ‘anhu), “Take her on the condiOon that the right to inherit from her will be yours, for the right of inheritance belongs only to the one who has set a slave free.” ‘Aisha (radiyallaahu ‘anhu) did so. Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) then stood up among the people, and aler praising and extolling Allaah, he said, “To proceed; what is the maTer with some men who make condiOons which are not in Allaah’s Most High Book? Any condiOon which is not in Allaah’s Book is worthless. Even if there are a hundred condiOons, Allaah’s Decision is more valid and Allaah’s CondiOon is more binding. The right of inheritance belongs only to the one who has set a slave free.”

[Taken from ‘Bulugh Al-‐Maram -‐ ATainment of the ObjecOve according to Evidence of the Ordinances’ compiled by Al-‐Hafiz Ibn Hajar Al-‐Asqalani. Dar-‐us-‐Salam PublicaOons (page 275). Agreed upon; the

version is of Al-‐Bukhaaree.]


• The permissibility of a slave buying his own freedom. Islaam encourages and rewards those who free slaves.

• In Soorah Nur condiBon is menBoned for freeing a slave, ‘if you see good in them.’ Scholars have differed in what is this ‘good’ in them. Some said that this ‘good’ is money. Others said it is trade so they can support themselves. Some said it it means they are honest and fulfill promises.

• The permissibility of buying a slave that is in the process of buying themselves out of freedom. Some Scholars say this is only permissible with the permission of the slave himself.

• When the Prophet (sallallaahu ‘alayhi wa sallam) said that to make the condiBon that the right to inherit will be ‘la’hum.’ ‘La’hum’ has two possible meanings -‐ make the wa’laa (inheritance) for them, they think they are geing the wa’laa, but they are not geing it, as the Prophet (sallallaahu ‘alayhi wa sallam) already taught them this ruling. So it is a punishment for them. If this meaning is chosen then it is a must that the Prophet (sallallaahu ‘alayhi wa sallam) has taught them this before. The second meaning is that ‘la’hum’ means ‘alayhim.’ How can we change this word? Response is that there are some ayah to support this.

• The condiBons in the Qur’aan and the Sunaah are obligated to be followed.

• If there is a condiBon that is baaBl, the sale can sBll be valid.

• CondiBons can be made in business contracts.

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Class: 4

Hadeeth #660, 664, 665

The ProhibiOon of selling Excess Water, The ProhibiOon of Uncertain TransacOons (or

where trickery is involved), The ProhibiOon of Selling (weighed) Grains a second Ome

without weighing them (again).

Hadeeth #660

Narrated Jaabir bin ‘Abdullaah (radiyallaahu ‘anhu): Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) prohibited the sale of excess water.

[Taken from ‘Bulugh Al-‐Maram -‐ ATainment of the ObjecOve according to Evidence of the Ordinances’ complied by Al-‐Hafiz Ibn Hajar Al-‐Asqalani. Dar-‐us-‐Salam PublicaOons (page 278). Reported by

Muslim.]


• The hadeeth is referring to the excess water which is beyond his need. It is not permissible for him to deny any water that remains to anyone who needs it. It cannot be denied and it cannot be sold.

• Ibn Qayyim menBoned that it is permissible to enter someone’s property to obtain water without their permission. There is no benefit for their permission, as they cannot deny that water. This land is restricted to land that is not occupied. You cannot enter houses that are occupied without permission.

• Whoever digs and builds a well or builds a path of a spring, is considered the owner or that he has the most right to it. This was differed over, whether he is called the maalik (owner) or the one with first right. Either way he cannot prevent anyone from accessing the excess water.

• Salt has the same ruling as the permissibility of taking water. Salt is not allowed to be prevented from anyone taking it. Hadeeth for this is from Aboo Daawood, however Al-‐Albaanee considered it to be da’eef.

• If coal is sBll burning and the person has finished using it, then you cannot prevent anyone else from using it. So a person cannot prevent anyone using fire.

• You can buy and sell firewood, but firewood that is already burning cannot be bought or sold.

• The spring can be brought or sold. From the hadeeth of Uthmaan, he brought a well that the Jews owned for the Muslims to use. Shows the permissibility of buying a well.

• Modern day issues: Can you buy water? You are really buying the filtering of that water, the boOle, transporBng that water; the work that was put into selling this water. Therefore, you are buying the service they have put in, which is permissible.

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Hadeeth #664

Narrated Abu Huraira (radiyallaahu ‘anhu): Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) forbade a transacOon determined by throwing stones, and the transacOon which involves some uncertainty (or cheaOng).


Muslim.]


• The transacBon of pebbles means: Firstly, if the seller lets the buyer throw a pebble at items of different values, and he lets them buy whatever gets hit with the pebble. This is impermissible as it involves uncertainty. Secondly, the seller allows the buyer to buy land that is determined by a throw a stone. It is a sale of uncertainty and is impermissible. Thirdly, if the seller allows a buyer to buy the same amount of items as stones that they can hold for a certain price. Fourthly, the seller makes the buyer hold a certain amount of pebbles while discussing the price. If the buyer dropped a pebble then the amount being discussed at that Bme would be the price of the item. Fi]hly, when buying sheep, the buyer throws a pebble, which ever sheep is hit with the pebble is the one the buyer buys.

• These transacBons involve unknown parts of the transacBon. Either the item itself is unknown or the price that you are paying is unknown.

• Some Scholars add, if a horse has run away and the seller is not sure he will get it back, then it is impermissible to sell it.

• The sale of something that is not present. The seller sells an item that the buyer does not know what it is specifically is not allowed.

• A seller who tries to sell an item that he is not certain will come into his possession, is impermissible to sell.

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Hadeeth #665

Narrated (Abu Huraira) (radiyallaahu ‘anhu): Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) said, “If anyone buys grains he must not sell it Oll he weighs it.”


Muslim.]


• In another narraBon, the Prophet (sallallaahu ‘alayhi wa sallam) prohibited the sale of food unBl the person takes the food. This is similar to not being allowed to resell an item you bought, unBl you have it in your possession.

• In another narraBon, if you buy anything, do not sell it unBl you take a hold of it. Reported in the Musnaad of Imaam Ahmad

• In another narraBon, Allaah prohibited the sale of a merchandise, unBl the seller has put it on his property. The hadeeth is hasan in the Sunan of Abee Daawood.

• Some Scholars say that this hadeeth is specific to foods that are weighed.

• Abu Haneefa said that this hadeeth is specific to things that can move from place to place, therefore it excludes the sale of land, or a large thing that you cannot move.

• As-‐Sanani concludes that this hadeeth includes any types of merchandise, food or otherwise.

• It is not permiOed to sell an item unBl possession has been taken of that item.

• You cannot sell a weighed item based on the weight that you bought it, you have to weigh it again at the Bme of the new sale.

• It is permissible to sell items that are not weighed; you can also sell and buy by piece.

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!

Fiqh Course - Summer 2007 !

Bulughul-Maram: Book of Business Transactions

!by Ibn Hajr Al-‘Asqalaanee

!Taught by: Moosaa Richardson !

www.troid.ca !

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Classes 5 -‐ 9

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http://www.troid.ca


The ProhibiOon of Two TransacOons Combined in One, a Loan Combined with a Sale,

CondiOons RelaOng to One TransacOon, the Sale of Something which cannot be

Guaranteed and the Sale of a Product Not in your Possession.

!Hadeeth #666

Narrated (Abu Huraira) (radiyallaahu ‘anhu): Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) forbade two transacOons combined in one.

[Taken from ‘Bulugh Al-‐Maram -‐ ATainment of the ObjecOve according to Evidence of the Ordinances’ complied by Al-‐Hafiz Ibn Hajar Al-‐Asqalani. Dar-‐us-‐Salam PublicaOons (page 279). Reported by Ahmad

and An-‐Nasaa’i. At-‐Tirmidhi and Ibn Hibbaan graded it Sahih.]

!Abu Daawood has a narraOon: “If anyone makes two transacOons combined in one he must confirm that of a lower price, or he is involved in commiong usury.”

!The authenBcity of this hadeeth has been established by Shaykh al-‐Albaanee (rahimahullaah). He called the hadeeth hasan. It was graded Saheeh by earlier Scholars, At-‐Tirmidhee and Ibn Hibbaan.


• Ash-‐Sha’fee has two basic explanaBons for the meaning of two sales within one sale.

• Firstly, when the selling price is not fixed at the Bme of sale, the sale is completed while the buyer sBll has to choose whether to pay now or whether to pay later. For example: if the seller says, “I’ll sell you merchandise for $1000, or if you pay a]er a certain Bme you can pay $2000. If at the Bme of sale the buyer and seller agree to the buyer paying either $1000 cash or $2000 at a later date; then, according to At-‐Tirmidhee, it is a permissible trade. If the price is le] open and the price, of either $1000 cash or $2000 at a later date, is unknown at the Bme of sale; then it is prohibited due to a lack of understanding of the price. As-‐Sanani explains that if the price is le] open like this, then the lesser of the two prices is taken. The transacBon is valid, however the lesser price must be taken.

• Secondly, when two transacBons are bound together in one contract. For example: if a person says, “I will sell you my car, at the Bme of the transacBon, you sell your car.” Or a person says, “I’ll sell you my car and you have to sell me a parBcular merchandise.” In this scenario the price is not clear, but it is obligatory to sell now.

• The first explanaBon is correct, because As-‐Sanani explains that if the contract is le] open like this you take the lessor of the two prices. This would only apply to the first situaBon.

!15

• At-‐Tirmidhee menBoned that it is permissible to talk about two prices, but an agreement must be made, for either of the two, by the end of the sale. Therefore there isn’t two sales inside of one sale taking place.

• Thirdly, Ibn Qayyim brings a scenario where a person says when purchasing a car, “I’ll take the car on credit for $1000. I’ll sell it back to you for $8000.” The person has received $8000 cash and has to give back $1000; this is rib’aa. The transacBon is an ‘enah transacBon -‐ two transacBons in one. The car was used as a trick, the person wanted a loan, so took part in an ‘enah transacBon. The person wanted to take the car, at the point of sale, and had agreed to sell it back; therefore making two transacBons in one. However, if the car is purchased for $8000 and given back for $8000, then there is no rib’aa. Or if the car, taken on credit, is sold to another person, then the transacBon is allowed.

!!!!!!!!!!!!!!!!!!!!!!

!16

Hadeeth #667

Narrated ‘Amr bin Shu’aib on his father’s authority from his grandfather (radiyallaahu ’anhum):

Allaah’s Messenger (sallallaahu ’alayhi wa sallam) said, “The condiOon of a loan combined with a sale is not lawful, nor condiOons relaOng to one transacOon, nor the profit arising from something which is not

in one’s charge, nor selling what is not in your possession.”

[Taken from ‘Bulugh Al-‐Maram -‐ ATainment of the ObjecOve according to Evidence of the Ordinances’ complied by Al-‐Hafiz Ibn Hajar Al-‐Asqalani. Dar-‐us-‐Salam PublicaOons (page 279-‐280). Reported by Al-‐

Khamsa. At-‐Tirmidhi , Ibn Khuzaima and Al-‐Haakim graded it Sahih.]

!‘Amr ibn Shu’aib is Ibn Muhammad ibn Abdullaah Ibn Umar ibn ‘Aas (radiyallaahu’anhum). ‘Amr ibn Shu’aib narrates from his father and grandfather. He is the great grandson of the Sahaabah named ‘Abdullaah ibn Umar ibn ‘Aas. This chain has a lot of discussion in the books of hadeeth. What seems to be the most correct is that he narrates on the authority of his father, on the authority of his father’s grandfather; who is ‘Abdullaah ibn Umar ibn ‘Aas. The chain is connected and generally reliable. The Scholars of Hadeeth call this chain hasan.

It is narrated by Al-‐Khamsa, they are the four Sunan and the Musnad of Imaam Ahmad. (Aboo Daawood, At-‐Tirmidhee, An-‐Nisaa’ee, Ibn Maajah along with the Musnad of Imaam Ahmad). It was graded authenBc by At-‐Tirmidhee, Ibn Khuzaima and Al-‐Haakim.


• There are four basic sales in this hadeeth.

• Firstly, the transacBon involving a sale and a loan together. So, a person sells a product on the condiBon they get a loan from the buyer. The Scholars consider this a kind of rib’aa because there is a benefit aOached to the loan. This type of loan is called ‘As-‐salaf wa baynah’ -‐ a loan and transacBon together. For example: A person says, “Give me a loan and I’ll give you the $100 product for $50.” Therefore, he has given a loan along with an aOracBve offer with the loan. Imaam Ahmed menBons another scenario, that a person says, “I’ll loan you an amount, but you have to buy my product at an increased price.” As-‐Sanani menBons that every loan that brings some kind of worldly benefit is rib’aa.

• Secondly, the prohibiBon of two condiBons in one transacBon. The posiBon of the majority of the Scholars is that they view the permissibility of mulBple condiBons in a sale. Imaam Ahmad held the posiBon that anyBme you add a second condiBon the sale becomes impermissible. For example: Firewood is bought with the condiBon that it is cut into small pieces and that it is delivered to a specific locaBon. Therefore, the sale has two condiBons aOached to it, which makes it impermissible. The majority of the Scholars prohibit two condiBons in one sale. Ibn Qayyim and others hold that this means that if a product is sold with the condiBon that the seller says, “I have the most right to buy it back.” Then this statement includes two condiBons in one statement. They are: if you sell it, then the original seller has the first right to buy it back; it also includes an unknown condiBon of a price that is not agreed upon. Therefore, there are two condiBons in one sale. It is not known whether the person would ever sell the product and the price is also unknown. Other Scholars say that it means two haraam condiBons in one sale. A logical quesBon would be, “Wouldn’t one impermissible condiBon for a sale be enough to render the sale impermissible?” Imaam Ahmad said that it means that one condiBon is permissible and the other is impermissible.

!17

• Thirdly, the transacBon involving that sale of something that you cannot guarantee is impermissible. If a person owns a product and cannot guarantee he can turn it over. For example: A horse is owned by a person, but it ran off. The owner doesn’t know whether it will come back. The horse is his property, so he is selling something that he owns. However, this involves selling a product that cannot be guaranteed that it will be able to be turned over.

• Fourthly, the sale of a product that you do not have is prohibited. (Discussed earlier)

!!!!!!!!!!!!!!!!!!!!!!!!

!18


The ‘Urbaan’ TransacOon, The Forbiddance of selling a Product in the Place it was

bought, the Permissibility of Making Change and the Forbiddance of Bidding against

each other.

!Hadeeth #668

Narrated (‘Amr bin Shu’aib on his father’s authority from his grandfather (radiyallaahu ‘anhum)): Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) forbade the type of transacOon in which earnest money was paid.

[Taken from ‘Bulugh Al-‐Maram -‐ ATainment of the ObjecOve according to Evidence of the Ordinances’ complied by Al-‐Hafiz Ibn Hajar Al-‐Asqalani. Dar-‐us-‐Salam PublicaOons (page 280). Reported by Maalik,

who said, “I was told on the authority of ‘Amr bin Shu’aib that” i.e., the aforesaid Hadeeth.]

!There is a narrator missing between Maalik and ‘Amr bin Shu’aib. That narrator is Abdullaah ibn ‘Amr al-‐Aslami, who is from the Shuyukh of Imaam Maalik. However, Imaam Maalik never narrates a hadeeth from him in his Al-‐MuwaOa’. He someBmes skips him, but he never relies on this person with his name in the Al-‐MuwaOa’. If he was in the chain, then he would narrate it as ‘Bulagani’ -‐ it is narrated without the chain of narrators. If Imaam Maalik was asked about a narrator, he would ask the quesBon, “Do you see his name in the Al-‐MuwaOa’?” If it wasn’t then he did not consider them to be reliable narrators. So Imaam Maalik excluded ‘Amr al-‐Aslami from the Al-‐MuwaOa’, deducing he wasn’t a reliable narrator.

Bukhaaree said this hadeeth was da’eef jiddan. Yahya ibn Ma’een, the hadeeth criBc, said he was nothing/worthless. Abu HaaBm said, it is weak, but not to be abandoned.

Therefore the verdict is this hadeeth is da’eef. We cannot aOribute it to the Prophet (sallallaahu ‘alayhi wa sallam).


• ‘Urboon’ or ‘urbaan’ transacBons are non-‐refundable down payments. They are also called security deposits or layaway.

• An example of an ‘urbaan’ transacBon: A car you want to buy costs $10 000, but you don’t have the enough money. The seller says, “I’ll hold the car and not sell it to anyone else for three days, for a fee of $100.” If the car is bought within the Bme he allows you, the money given counts for the payment of the car. Therefore, if the downpayment was $200, then $9800 is the remaining payment to purchase the car. However, if the money is not given within the Bme period, the downpayment is lost. The seller of the car keeps the down-‐payment of $200.

!19

• There is no specific prohibiBon of this transacBon.

• ‘Urbaan’ is not a sale; you are buying a service. The service is that you are having an item reserved for you.

• Uncertainty is involved as the payment that is uncertain that the payment made will be retrieved. If the product was not bought, then the iniBal payment is lost and nothing was gained.

• The Scholars differed over the ‘urbaan’ transacBon.

As-‐Shafi’ee, Maalik and others said that the transacBon is not permissible as it is taking people’s money without a right.

Some Scholars menBoned that this is a kind of decepBve tacBc as there is uncertainty in the transacBon.

Some Scholars allowed it since there is no prohibiBon in it.

!• Side note: There are six condiBons for a valid transacBon:

-‐Mutual Agreement

-‐Both are permissible and allowed to be exchanged

-‐Both parBcipants in the sale must be legally allowed to take part in the sale

-‐It must be something that is owned

-‐The item must be able to be handed over, it is in your possession

-‐Absence of anonymity

• As the ‘urbaan’ transacBon involves paying for a service of holding a product, a service is gained. Therefore it is permissible.

• There is no limit on the size of the down payment. For example: For a payment of $100, merchandise is reserved in the store. Three payments of $25 are made therea]er, for merchandise totaling $200. Therefore, a payment of $175 has been made with $25 remaining. If the remaining $25 is not paid, then the whole amount is lost.

!!!!!!!

!20

!Hadeeth #669

Narrated Ibn ‘Umar (radiyallaahu ‘anhu): I bought some oil in the market and when I came to receive it, a man met me and offered to give me good profit for it; and when I was about to seize the price from him, a man caught hold of my hand from behind. So I turned and found that he was Zaid bin Thaabit (radiyallaahu ‘anhu). He said, “Do not sell it in the place where you have bought it from, Oll you take it to your dwelling; for Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) forbade the commodiOes to be sold on the spot where they were bought from, Oll the traders take them to their dwellings.”

[Taken from ‘Bulugh Al-‐Maram -‐ ATainment of the ObjecOve according to Evidence of the Ordinances’ complied by Al-‐Hafiz Ibn Hajar Al-‐Asqalani. Dar-‐us-‐Salam PublicaOons (page 280-‐281). Reported by Ahmad and Abu Daawood; the version is of the laTer; Ibn Hibbaan and Al-‐Haakim graded it Saheeh.]

!The hadeeth is authenBc.


• A person may not sell a product in the place where it was bought.

• He must complete the transferral of ownership by taking the product from the place where it was sold and moving it to his property.

• The majority of the Scholars say that it is not specific to his house or property, so long as he takes it to any other locaBon other than the place he bought it.

!!!!!!!!!!!!!

!21

!Hadeeth #670

Narrated (Ibn ‘Umar) (radiyallaahu ‘anhu): I said, “O Allaah’s Messenger, I sell camels at Al-‐Baqi’. I sell for Dinars and take Dirhams (for them), and sell for Dirhams, and take Dinars (for them), I take this for that and give that for this.” Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) replied, “There is no harm in taking them at the current rate so long as you do not separate leaving something sOll to be seTled.”


Khamsa and Al-‐Haakim graded it Saheeh.]


• The obligaBon of making change on the spot.

• Changing between currencies is permissible, but it must be done on the spot.

• The rates can be adjusted as long as there is no debt involved. For example: at the airport the exchange rates are higher than elsewhere; this is permissible.

• The change doesn’t have to be equal, as long as it is done on the spot. For example: three quarters can be exchanged for $1, as long as it is agreed upon.

!!!!!!!!!!!!!!

!22

!Hadeeth #671

Narrated (Ibn ‘Umar) (radiyallaahu ‘anhu): Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) forbade bidding against one another.



• The prohibiBon of ‘naajash.’

• Naajash has two meanings: To raise the price at an aucBon by those who intend not to buy the item for sale. Other Scholars added the definiBon -‐ to praise the item excessively to the point that people assume it is a very valuable item, when it is not.

• The one who does that is a sinner by way of his acBon according to the ‘ijmaa.

• The Scholars differed about the validity of the transacBon. Imaam Ahmad and Imaam Maalik said that this transacBon is invalid since it is based on a prohibiBon. The Maaliki madhab say that it can be allowed if the buyer agrees and he may make a condiBon. For example: a person was tricked into paying a higher price at an aucBon. However, the price was very low. Even though he knew he was tricked, he has the opBon of whether to keep the merchandise or not. If he wasn’t happy with the sale, he has the right to cancel, because he knows disobedience took place on behalf of the seller.

• Naajash is a decepBon which is impermissible.

!!!!!!!!!!

!23


Going out to meet the merchant to engage in a transacOon with him and engaging in

bidding.

Hadeeth #675

Narrated Abu Huraira (radiyallaahu ‘anhu): Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) said, “Do

not go out to meet what is being brought (to market for sale). If anyone has met so and some of it is

bought, when its owner comes to the market he has the choice (of canceling the deal).”


Muslim.]

!The Arab market place at the Bme of the Prophet (sallallaahu ‘alayhi wa sallam) was a place where people met to do business. It has known borders with known entrances. When entering a city there was a route that led to the market place. The entrance area was called Ahl-‐us-‐Sooq.

• The Scholars menBoned that it is not permissible to stop the merchant and do business with him before he has entered into the market place (sooq).

• If the merchant had entered into the Sooq, then it is permissible to trade with him, even before he has set up his trade area.

• Some Scholars consider the forbiddance of meeBng the merchant before he enters the Sooq, only being restricted to when a lie has been told. For example, a person lies about the price, informing the merchant that the product he is selling is very cheap in his city, therefore deceiving him into selling for a lower price.

• What seems to be correct is that the forbiddance of meeBng the merchant outside the city is prohibited by itself, without any condiBons of lying or deceiving taking place.

• It is forbidden to buy a product at a place and then sell it without moving it to a stall.

• Imaam Shaf’ee menBoned the prohibiBon of trading with the merchant is specifically for outside the city. It is permissible to trade with the merchant if he has reached the city.

• Imaam Maalik and Imaam Hanbal menBoned that it is only permissible to trade with the merchant at the market place. This is the correct posiBon.

• Abu Haneefah menBoned that it is permissible to go out and meet the merchants (rukbaan) that are on their way Bthe city, as long as it does not harm the people in the city or the merchant himself. It could become impermissible if it leads to a harm.

!24

For example: The merchant sells his product on the way to the Sooq sBll having enough product to sell when he reaches the Sooq. Therefore, he has not harmed the people or himself.

The merchant may have received a higher price a]er reaching the Sooq, instead of selling it before he reached there. Therefore, the merchant has been harmed.

The product is in demand and the merchant sold it all on his way to the Sooq. Therefore, the people have been harmed as they didn’t have a chance to buy the product.

• A transacBon made before the merchant reaches the Sooq is sBll valid. This is due to the fact that the merchant has the opBon of keeping the transacBon or canceling it. If the sale was invalid then there could be no such opBon.

• The reason for the prohibiBon is due to two basic harms: Harm to the merchant not knowing the price in the market place, causing him to sell at a lower price. Harm to the general people who did not go out to meet the merchant, as they could be deprived of a product.

!!!!!!!!!!!!!!!!

!25

Hadeeth #676

Narrated (Abu Huraira) (radiyallaahu ‘anhu): Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) forbade,

a towner to sell for a man from the desert; one to bid against another; a man to buy in opposiOon to his

brother, to propose a woman aler his brother has done so, or a woman to ask to have her sister

divorced in order to deprive her of what belongs to her.


!First we need to understand Kheeyar:

Kheeyar rijs -‐ anyBme decepBon or lying happens in business there is kheeyar. The merchant automaBcally has the right to cancel the sale.

Kheeyar majlish -‐ is when two people come together for a sale, even if the trade has taken place and they have not separated, then each of them has the right to take their money back and cancel the sale.

Kheeyar al-‐ayb -‐ the opBon to cancel a sale because of a defect. Even if the seller was truthful and he didn’t know about the defect. The seller is responsible as there is a defect with the product, even though it wasn’t his fault.

Kheeyar tasree’aa -‐ The Prophet (sallallaahu ‘alayhi wa sallam) menBoned not to let the milk build up in the camel’s udder, to show that the camel is a strong milking camel. This is a kind of decepBon. He has three days to return the camel. If he returns it, he should return it with a large bowlful of dates for the milk he has taken.


• Ibn Abbass explained the meaning of the city dweller acBng as a representaBve to the bedouin. He does not represent him and sell his items for him. That is meant specifically, according to al-‐Bukhaaree, when it is done for a price,as a service. The reason for this is because the Bedouin is ususally poor, and just have what they need. Normally, they sell for a low price. The city dweller might take advantage of him. The people should be able to benefit with lower prices. Not that the prices be regulated by the city dwellers, nor should they be allowed to monopolize the prices, by not allowing people to come in selling at low prices. Some Scholars, like al-‐Bukhaaree, say that it is specific if he takes a fee for that. If he just sells it on behalf of him without a fee, then that is permissible. However, other Scholars say that they are sBll going to charge higher.

• Islaam preserves the benefit of the majority, rather than preserving the benefit of one person.

For example, a person could sell the Bedouin's products out of naseehah, not taking a single penny, so the Bedouin could benefit from a higher price. However, Islaam preserves the right of t h e community to be able to receive a lower price, than the benefit of one Bedouin.

• Some Scholars menBon that the prohibiBon of this type of transacBon is abrogated. It is abrogated by the hadeeth, “The Deen is Naseehah.” There seems to be no direct or indirect relaBonship between this hadeeth and the city dweller being a representaBve for a Bedouin in the market place.

!26

• Other Scholars refuted that saying that there is no relaBonship between the two texts. The relaBonship that could be established is from a very broad angle. The text that abrogates has to be proven to come a]er the text that is abrogated. The Scholars menBon that there is no way to idenBfy which of these two hadeeth came first.

• Do not conduct najush in your transacBons. (Najush is the bidding in an aucBon, raising the price, without the intenBon of buying the product. Or overly praising a product that doesn’t deserve that kind of praise.)

• If two people are engaging in a transacBon and they sBll have kheeyar majlish (they have agreed on a price, the items have traded hands, but they haven’t separated); then it is impermissible to come and offer them a beOer price or buy the item that has already traded from the original seller at a higher price. This is considered making a transacBon over your brother’s transacBon and is prohibited. A person who does this is sinful.

• The prohibiBon of making an offer of marriage over the offer of your brother. The majority of the Scholars say that the one who does this is disobedient by way of ijmaa. However, they differed about the contracts that results. If a person proposed and another person proposed and married the woman, then the Scholars differed over the validity of that contract. Some of the Scholars, like Imaam Maalik, said that the contract is to be made null and void. Others, said, “No, the person who came in making an offer over his brother is sinful, however the marriage contract is valid.”

• A woman should not seek the divorce of her co-‐wife. A woman should not request a man to divorce his wife so that she can marry him.

!!!!!!!!!!!!!!

!27

Class: 8 Hadeeth #679, 680 and 683

Price seong, MonopolisaOon and decepOon in Selling.

!Hadeeth #679

Narrated Anas bin Maalik (radiyallaahu ‘anhu): When prices were high in Al-‐Madina in the Ome of

Allaah’s Messenger (sallallaahu ‘alayhi wa sallam), the people said, “O Allaah’s Messenger, prices have

become high, so fix them for us.” Allaah’s Messenger replied,

“Allaah is the One Who fixes prices, Who withholds, gives lavishly and provides, and I hope that when I

meet Allaah the Most High, none of you will have any claim on me for an injusOce regarding blood or

property,”


Khamsa excluding An-‐Nisaa’i; Ibn Hibbaan graded it Sahih (sound)].

!The Al-‐Khamsa are the Six, excluding Bukhaaree and Muslim and adding Ahmad (Abu Daawood, at-‐Tirmidhee, an-‐Nisaa’i, Ibn Maajah and Ahmad). Here we take of An-‐Nisaa’i and add Ibn Hibbaan.

If the hadeeth are organised by Sahaabah, then they are called musnads. Other books are organised by fiqh topics, they are called sunan or ja’miah -‐ it is not just a hadeeth collecBon about verdicts and rulings, it includes other than that from aqeedah and tafseer. Bukhaaree and Muslim are ja’miah and also saheeh collecBons. At-‐Tirmidhee is typically called Sunan at-‐Tirmidhee, but actually it is a ja’miah. Meaning it is not just about verdicts and rulings, it also includes other than that from aqeedah and tafseer. Ibn Hibbaan ordered his book in chapters based on the orders of the Prophet (sallallaahu ‘alayhi wa sallam). Ibn Hibaan’s condiBon of puing a hadeeth in his book is that it had to be authenBc. That is why the Scholars a]er him call it Saheeh Ibn Hibbaan. Then a later Scholar, Ibn Bilbaan reorganised Saheeh Ibn Hibbaan into fiqh chapters. In doing this it made this into a book that can be used.


• The Prophet (sallallaahu ‘alayhi wa sallam) was requested to set the prices. Raising the prices due to inflaBon is also a form of ri’baa.

• The hadeeth proves that there was inflaBon at the Bme of the Messenger (sallallaahu ‘alayhi wa sallam). The prices went up and down then and now.

!28

• Even though the prices went up and down at the Bmes of the Prophet (sallallaahu ‘alayhi wa sallaam), he never ordered the Companions to take part in ri’baa to counteract this fluctuaBon. Rather, he said to them that Allaah has made buying and selling as rib’aa impermissible to you.

• The Prophet (sallallaahu ‘alayhi wa sallam) has said that, “Allaah is the One Who fixes prices.” So can you call Allaah al-‐Musaair? The majority of the Scholars do not include in the ninty-‐nine Names of Allaah, al-‐Musaair.

• The hadeeth menBons four references to Allaah, al-‐Musaair, al-‐Kaabith, al-‐Baasit and al-‐Raaziq (The price seOer, the One Who withholds, the One Who extends and Gives Generously and al-‐Raaziq). Everyone agrees that the last three are from the Names of Allaah, and al-‐Musaair is informaBon from the Prophet (sallallaahu ‘alayhi wa sallam) repelling the idea that the Prophet (sallallaahu ‘alayhi wa sallam) has the right to set the prices; Allaah is the One Who sets the prices and the Prophet (sallallaahu ‘alayhi wa sallam) cannot set the prices. He cannot force the seller to sell at a price that does not please him. Therefore, the majority of the Scholars established that al-‐Musaair is not one of Allaah’s BeauBful Names.

• There is a very special relaBonship between the last and the first part of the hadeeth -‐ the Prophet (sallallaahu ‘alayhi wa sallam) has referred to price seing as a form of oppression. Oppression is harram. The seing of prices are normally done by the rulers, so the Sahaabah asked the Prophet (sallallaahu ‘alayhi wa sallam) to set the prices. So, if you set the prices you are forcing a person to sell his wares at a price he is not pleased with. Or, you are forcing people to buy property at a price they are not pleased with. One of the condiBons to a validity of a sale is mutual agreement between the buyer and the seller. Then price seing takes away one of the basic condiBons for a valid business transacBon.

• The ruling of seing prices is according to the majority of the Scholars is that it is impermissible based on the apparent meaning of the hadeeth. Imaam Maalik opposed them, saying it is permissible to set prices. This ruling may be on specific items. So, generally it is impermissible to set prices, but it is permissible regarding some specific items, according to Imaam Maalik. Imaam Shaf’ee said that it is permissible to set the price when the prices have become excessively high, to keep harm away from the people. For example, medical drugs could be set high. So the government steps in so the drug companies cannot oppress the people on this basic necessity.

• In the hadeeth there is a clear indicaBon that seing the prices is to interfere with the business transacBons of the people without their permission; which is why it is considered a kind of oppression. Therefore, the Imaam cannot set prices; however, he orders him to be fair and equitable in his dealings.

!!!!!!Hadeeth #680

!29

Narrated Ma’mur bin ‘Abdullaah (radiyallaahu ‘anhu): Allaah’s Messenger (sallallaahu ‘alayhi wa sallam)

said,

“None keeps goods Oll the price rises but a sinner.”

[Taken from ‘Bulugh Al-‐Maram -‐ ATainment of the ObjecOve according to Evidence of the Ordinances’

complied by Al-‐Hafiz Ibn Hajar Al-‐Asqalani. Dar-‐us-‐Salam PublicaOons (page 285). Reported by Muslim]


• MonopolizaBon is defined as ihBkaar. It is when you buy products and store them, so they become few. The product in the market place is significantly reduced, therefore the price becomes high.

• It is similar to personal price seing, which is oppression.

• In Saheeh Muslim the hadeeth is: Whoever monopolizes is a wrongdoer. It was said to Sa’eed: but you are monopolizing. Sa’eed said that Ma’mur used to monopolize as well. This was in regards to oil and the monopolizaBon is specific to food.

• The fiqh of the Sahaabah is given precedence in understanding the hadeeth. The narrator of this hadeeth, who heard it from the Messenger (sallallaahu ‘alayhi wa sallam) had an understanding. He was actually selling oil, which he was monopolizing. This was the oil for lamps and lubricaBng ships. Their understanding was that ihBkaar was specific to food. The prohibiBon of monopolizaBon is specific to food.

• The majority of Scholars of fiqh said this is something specific to food, because some of the narraBons that menBon food.

• The general hadeeth are to be understood in light of the specific hadeeth.

• Abu Yoosuf, from the Hanafi madhab, said about the prohibiBon, that it was to monopolise anything that leads to harming the people.

!!!!!!!Hadeeth #683

!30

Narrated Abu Huraira (radiyallaahu ‘anhu):

Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) once came upon a heap of grain, and when he put his

hand inside it, his fingers felt some dampness, so he asked the owner of the grain, “What is this, O

owner of the grain?” He replied, “Rain has fallen on it, O Allaah’s Messenger.” He said, “Why did you

not put it (the damp part) on the top of the foodstuff so that people might see it? He who deceives has

nothing to do with me.”

[Taken from ‘Bulugh Al-‐Maram -‐ ATainment of the ObjecOve according to Evidence of the Ordinances’

complied by Al-‐Hafiz Ibn Hajar Al-‐Asqalani. Dar-‐us-‐Salam PublicaOons (page 286). Reported by Muslim]


• An-‐Nawawee said that the meaning of ‘He who deceives has nothing to do with me’ is he

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