11/5b. Chapter:
Mishkat al-Masabih 2870 — Business Transactions
Business Transactions which are Forbidden - Section 2
Mishkat al-Masabih : 2870
Mishkat al-MasabihHadith Number 2870
وَعَنْهُ قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: «لَا يَحِلُّ سَلَفٌ وَبَيْعٌ وَلَا شَرْطَانِ فِي بَيْعٍ وَلَا رِبْحُ مَا لَمْ يضمن وَلَا بيع مَا لَيْسَ عِنْدَكَ» . رَوَاهُ التِّرْمِذِيُّ وَأَبُو دَاوُدَ وَالنَّسَائِيُّ وَقَالَ التِّرْمِذِيُّ: هَذَا صَحِيح
He reported God’s Messenger as saying, “The proviso of a loan combined with a sale is not allowable, nor two conditions relating to one transaction, nor the profit arising from something which is not in one’s charge (An article belongs to the seller till the transaction is complete, and so long as it is still in his possession he is the one who gains any profit on it or bears any loss. The buyer cannot claim profit till he is in possession of the article nor selling what is not in your possession. Tirmidhi, Abu Dawud and Nasa’i transmitted it, Tirmidhi saying this is a sahih tradition.
[1] Tirmidhi # 1238, Abu Dawud # 3504, Nasa'i # 4611 or 4642, Ibn Majah # 2198, Musnad Ahmad 2-178.[2] We reproduce comments on this hadith from Tirmidhi (hadith # 1238)Ishaq ibn Mansur asked Ahmad what was meant by prohibition of salaf and Bai ? He said, "Someone gives a loan to another and then sells something to him for more than its price. It is also possible that someone offers the cost of something as loan, saying that if he could not pay back the loan the thing stand sold to him." Ishaq then asked Ahmed what it meant to say that profit is not allowed if one is not a guarantor. He said, "I think this concerns only grain and the like, till it is in one's possession." Ishaq said that the same ruling applied to that which is weighed and measured, meaning it is not lawful to sell them before they are on hand. Ahmed said: If anyone says, "I have sold you this piece of cloth on condition that I am responsible for stitching and washing". Then it is an example of two conditions in one transaction. But if he says, "I sell you this piece of cloth and its stitching is also on me", then there is no harm in that. Similarly, if only the condition washing applies then too it is allowed because that is only one condition.(Tirmidhi English translation Darul Isha'at Karachi vol I)Reference : Mishkat al-Masabih 2870In-book reference : Book 11, Hadith 108
Translation source
- Compiler:
- Al-Khatib at-Tabrizi
- Translator:
- James Robson
- Publisher:
- Darussalam Publication
