بسم الله الرحمن الرحيم
بلوغ المرام من أدلة الأحكام - الحافظ ابن حجر العسقلاني رحمه الله

THE BOOK OF BUSINESS TRANSACTIONS – 632
PAYMENT IN ADVANCE, A LOAN AND A PLEDGE

[NOTE: Salam (means to buy a produce by making the payment in advance. For example, someone gives a certain amount of money to another person and says that he will have the produce after such a period on such and such price. This is permitted provided the exact amount and price is decided beforehand. This is also known as Bai As-Salaf]

1. Narrated Ibn 'Abbās رضي الله عنهما: When the Prophet ﷺ came to Al-Madinah, they were paying one and two years in advance for fruits. So, he (ﷺ) said, "Those who paid in advance for fruits must do so for a specified measurement and weight, and for a specified time." [Agreed upon].[ Al- Bukhārī has: "Those who pay in advance for anything."]

اَللّٰهُ أَعْلَم
(To be continued…)
ان شاء الله ﺗﻌﺎﻟﯽٰ
الحمد لله ربّ العالمين
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بسم الله الرحمن الرحيم
بلوغ المرام من أدلة الأحكام - الحافظ ابن حجر العسقلاني رحمه الله

THE BOOK OF BUSINESS TRANSACTIONS – 631
PERMISSION REGARDING THE SALE OF AL-'ARĀYA AND THE SALE OF TREES AND FRUITS

1. Narrated (Anas bin Mālik): The Prophet ﷺ forbade the sale of grapes till they become black (i.e. ripe) and the sale of grain till it becomes hard (i.e. ripe). [N1] [Reported by Al-Khamsa except An-Nasa'i and graded Sahih (authentic) by Ibn Hibbān and Al- Hakim].

2. Narrated Jābir bin 'Abdullah: Allah's Messenger ﷺ said, "If you sell some fruit to your brother and it was struck by blight, it would not be lawful for you to take anything from him. [N2] How can you take your brother's money unjustly?" [Reported by Muslim]. In another narration he has: "The Prophet ﷺ commanded that unforeseen loss be remitted [N3] in respect of what is affected by blight."

3. Narrated Ibn 'Umar: The Prophet ﷺ said, "If anyone buys a palm tree after it has been pollinated, the fruits belong to the seller who has sold them unless the buyer makes a condition." [Agreed upon].

[N1] It means that when the grain is ripe in the spike, it is permitted to sell the crop, but only a needful measure and not more. Otherwise, the rule is to sell the grains after thrashing and cleaning.

[N2] If the yield is still on the trees and a calamity strikes, the owner of the trees has to endure the loss. But if the stroke comes after picking the fruit, the buyer has to bear the loss.

[N3] The Arabic expression Wad'al-Jawa’ih وضع الجوائح means even after picking the yield, if there is a loss, the owner should be considerate and give some rebate to his customer.

اَللّٰهُ أَعْلَم
(To be continued…)
ان شاء الله ﺗﻌﺎﻟﯽٰ
الحمد لله ربّ العالمين
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بسم الله الرحمن الرحيم
بلوغ المرام من أدلة الأحكام - الحافظ ابن حجر العسقلاني رحمه الله

THE BOOK OF BUSINESS TRANSACTIONS – 627
AR-RIBA (INTEREST)

1. Narrated Ibn 'Umar رضي الله عنهما: The Prophet ﷺ forbade selling a debt to be paid at a future date for another i.e., a debt for a debt. [N1] [Reported by Ishaq and Al-Bazzar with a Da'if (weak) chain].

N1: It has two forms: (1) for example, 'Ali buys a horse from Bakr for one hundred Dirhams and makes a promise to make the payment after one year, but after the lapse of a year, he is not able to make the payment. He goes to Bakr and asks him to sell the horse again at a higher price. It means 'Ali is paying interest for not making the payment in time. (2) The second form is as explained in the following example: Suppose 'Umar owes ten Dirhams to Zaid, and he also owes a piece of cloth to Bakr. Bakr says to Zaid, "I will sell you the piece of cloth owed to me by 'Umar, for the ten Dirhams owed to you by 'Umar." So, 'Umar gives the cloth to Zaid instead of Bakr, and he gives the ten Dirhams to Bakr instead of Zaid. This type of transaction is prohibited.

اَللّٰهُ أَعْلَم
(To be continued…)
ان شاء الله ﺗﻌﺎﻟﯽٰ
الحمد لله ربّ العالمين
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بسم الله الرحمن الرحيم
بلوغ المرام من أدلة الأحكام - الحافظ ابن حجر العسقلاني رحمه الله

THE BOOK OF BUSINESS TRANSACTIONS – 626
AR-RIBA (INTEREST)

1. Narrated Ibn 'Umar رضي الله عنهما: Allah's Messenger ﷺ forbade Al-Muzābana, which means that a man sells the fruit of his garden, if it consists of palm-trees (fresh dates), for dried dates by measure; or if it consists of grapes (on the vines), for raisins by measure; or if it is unpicked crops, he sells it for a measured amount of picked crops. He forbade all that. [N1] [Agreed upon].

2. Narrated S'ad bin Abū Waqqas رضي الله عنه: I heard Allah's Messenger ﷺ being asked about buying fresh dates for dry ones. He replied, "Will fresh dates diminish when they become dry?" They answered, "Yes." So, he forbade that. [Reported by Al-Khamsa and graded Sahih (authentic) by Ibn Al-Madini, At- Tirmidhi, Ibn Hibbān and Al-Hākim].

N1: This is because it involves selling something in an unknown amount for a known amount. Therefore, this kind of trade is prohibited.

اَللّٰهُ أَعْلَم
(To be continued…)
ان شاء الله ﺗﻌﺎﻟﯽٰ
الحمد لله ربّ العالمين
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بسم الله الرحمن الرحيم
بلوغ المرام من أدلة الأحكام - الحافظ ابن حجر العسقلاني رحمه الله

THE BOOK OF BUSINESS TRANSACTIONS – 622
AR-RIBA (INTEREST)

1. Narrated Fadāla bin 'Ubaid رضي الله عنه: I bought a necklace for twelve Dinars at the battle of Khaibar and it contained gold and gems. I considered them separately and found that it was worth more than twelve Dinars. I told the Prophet ﷺ about that and he said, "It must not be sold till the contents are considered separately."[N1] [Reported by Muslim].

2. Narrated Samura bin Jundub رضي الله عنه: The Prophet ﷺ forbade selling animals for animals when payment was to be made at a later date. [N2] [Reported by Al-Khamsa] Ibn Al-Jārud and At- Tirmidhi graded it Sahih (authentic).

[N1] This Hadith is a proof that gold if mixed with other substances should not be sold unless it is separated from them, because it is not possible to estimate the weight of gold mixed with other substances.

[N2] It is permitted to sell one animal for two or vice versa, even if the animals are of the same class. But swapping of animals on credit is not allowed.

اَللّٰهُ أَعْلَم
(To be continued…)
ان شاء الله ﺗﻌﺎﻟﯽٰ
الحمد لله ربّ العالمين
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