{"collection":"Islam","html_url":"https://unchartedknowledge.5gfusion.net/browse/isl/hadith/had25.htm","path":"isl/hadith/had25.htm","source_url":"https://sacred-texts.com/isl/hadith/had25.htm","text":"(Buy\u016b')\n2. \"Do not devour your property among yourselves falsely except that it be trading by your mutual consent\" (4:29).\n3. \"Men whom neither merchandise nor selling diverts from the remembrance of All\u0101h\" (24:37).\n4. \"And when the prayer has been ended , disperse abroad in the land and seek of All\u0101h's bounty\" (62:10).\n5. \"Give a full measure when you measure out and weigh with a fair balance\" (17:35).\nThe Arabic word for trading is bai' which means both buying and selling. Every man must earn his own living (v. 1, h. 1) and every profession is, therefore, honourable, even that of the hewer of wood (H. xvi:8). A man may follow any worldly pursuit that he likes but duty to All\u0101h shall take precedence of all other duties (v. 3; h. 2). Among means of livelihood, trade occupies the most prominent place, the honest merchant being one of the righteous servants of All\u0101h (v. 2, h. 3). The seller is required to be just in weighing (v. 5), generous in dealing (h. 4), giving respite even to those in easy circumstances and forgiving those in straitened circumstances (h. 5). If there is a defect in the thing sold, it must be made manifest to the purchaser (h. 6). Two kinds of sale prevalent before Isl\u0101m, mun\u0101badhah and mul\u0101masah, in which the purchaser was deprived of the occasion to examine the thing purchased. were made unlawful (h. 7). The taking of oaths in selling things is forbidden (h. 8). Special directions are given as to the sale of cereals, because they are the prime need of every man, rich or poor. They should be sold in the market so that they may be had at the price which the producer obtained (h. 9). Speculation in this prime need of humanity is disallowed, it being necessary that cereals shall be sold only after their possession has been obtained (h. 10). The withholding of cereals to raise their price artificially is prohibited (h. 11). Najsh or deceiving a purchaser through a third party offering a higher price is forbidden (h. 12), but auction or open sale to the highest bidder is allowed\n(h. 13). Similarly enhancing the price of milch animals by leaving them unmilked before their sale is forbidden (h. 14). Advance prices or earnest money could be paid only when the measure or weight and time of delivery were definitely settled (h. 15). Immovable property, it is recommended, should only be sold if the seller intends investing money in other immovable property (h. 16). Trade in idols and in things which are forbidden as food, such as wine, swine and that which dies of itself, is disallowed (h. 17), but as there is an express direction that the skin of a dead animal should nor be thrown away and advantage should be derived therefrom (h. 18), trade in it is evidently not prohibited, and the same rule may be followed in other things prohibited as food, such as the bones and fat of a dead animal, etc.\n1 Miqd\u0101m reported,\nThe Messenger of All\u0101h, peace and blessings of All\u0101h be on him, said:\n\"No one eats better food than that which he eats out of the work of his hand.\"1\n(B. 34:15.)\n2 Qat\u0101dah said, People used to buy and sell and carry on trade (in goods), but when it was the turn of a duty out of\n1. The humblest work thus carries with it a dignity. Bukh\u0101r\u012b mentions a number of professions in the headings of his chapters, such as that of meat-seller and butcher (B. 34:21), goldsmith (B. 34:28), blacksmith (B, 34:29), tailor (B. 34:30), weaver (B. 34:31), carpenter (B. 34:32); and mentions had\u012bth showing that they were looked upon as honourable by the Holy Prophet, those who followed them being treated on a basis of perfect equality with other members of Muslim society.\nthe duties imposed by All\u0101h, neither merchandise nor selling diverted them from the remembrance of All\u0101h, so that they performed their duty to All\u0101h (first).2\n(B. 34:8.)\n3 Ab\u016b Sa'\u012bd reported,\nThe Prophet, peace and blessings of All\u0101h be on him, said:\n\"The truthful, honest merchant is with the prophets and the truthful ones and the martyrs.\"3\n(Tr. 12:4.)\n4 J\u0101bir reported,\n\"May All\u0101h have mercy on the man who is generous when he buys and when he sells and when he demands (his due).\"\n(B. 34:16.)\n5 Hudhaifah said,\n2. Duty to God is thus placed higher than duty to self or duty to others.\n3. The truthful, honest merchant works for the benefit of humanity, and thus finds a place with those righteous servants of God whose lives are devoted to the benefit of humanity.\n\"The angels met the soul of a man from among those who were before you, (and) they said, Hast thou done any good? He said, I used to give respite to the one in easy circumstances and forgive one who was in straitened circumstances. So they forgave him.\"\n(B. 34:17.)\n6 Hak\u012bm ibn Hiz\u0101m said,\n\"The buyer and the seller have the option (of cancelling the contract) as long as they have not separated, then if they both speak the truth and make manifest,4 their transaction shall be blessed, and if they conceal and tell lies, the blessing of their transaction shall be obliterated.\"\n(B. 34:19.)\n4. Any defect in the thing sold must be made manifest. In the case of a barter, both parties must do it.\n7 Ab\u016b Sa'\u012bd reported, The Messenger of All\u0101h, peace and blessings of All\u0101h be on him, forbade mun\u0101badhah, and this was the throwing of a person his cloth in sale to another before he examined it or looked at it; and he forbade mul\u0101masah, and mul\u0101masah was the touching of a cloth without looking at it.6\n(B. 34:62.)\n8 Ab\u016b Hurairah said,\nI heard the Messenger of All\u0101h, peace and blessings of All\u0101h be on him, say\n\"The taking of oaths makes the commodities sell, but it obliterates the blessing (therein).\"\n(B. 34:26.)\n9 Ibn 'Umar reported,\nThey used to buy cereals from the\n5. In pre-Islamic days Mun\u0101badhah (from nabdh, to throw away) and mul\u0101masah (from lams, to touch) were two kinds of sale in which the purchaser had no occasion to examine the thing purchased.\ncamel-owners in the time of the Prophet, peace and blessings of All\u0101h be on him, and he used to send to them a person who forbade them selling it where they purchased it, until it was brought to the place where cereals were sold.\n(B. 34:49.)\n10 Ibn 'Umar said,\n\"Whoever buys cereals, he shall not sell them until he obtains their possession.\"\n(B. 34:54.)\n11 Ma'mar said,\nThe Messenger of All\u0101h, peace and blessings of All\u0101h be on him, said,\n\"Whoever withholds cereals that they may become scarce and dear, is a sinner.\"6\n(M-Msh. 12:8.)\n12 Ab\u016b Hurairah said,\n6. This is technically known as ihtik\u0101r, and it is resorted to by grain merchants to enhance the price of grain when it comes into their possession.\nthe dweller of the town selling for one coming from the desert, and (he said):\n\"Do not resort to najsh; and let not a man carry on a transaction against his brother's transaction.\"7\n(B. 34:58.)\n13 Anas reported,\nThe Messenger of All\u0101h, peace and blessings of All\u0101h be on him, purchased a piece of hair-cloth and a bowl, and he said:\n'Who will buy this piece of hair-cloth and bowl?\"\nA man said, I take them for one dirham.\nThe Prophet, peace and blessings of All\u0101h be on him, said: \"Who will give more than one dirham? Who will give more than one dirham?\"\n7. Najsh (from najasha, he roused or pursued the game) means augmenting the price of an article of merchandise, not desiring to purchase it but in order that another might hear and augment in the same manner or outbidding in a sale in order that another might fall into a snare, the bidder himself not wanting the thing, or praising an article of merchandise simply to deceive another person (LL). Perfect honesty is thus enjoined in all business transactions. The first part of the had\u012bth aims at eliminating the commission agent who on account of his cleverness generally proves a curse to the simple villager or agriculturist, for whose protection the direction is particularly meant.\nA man gave him two dirhams and bought them from him.8\n(Tr. 12:10.)\n14 Ab\u016b Hurairah reported on the authority of the Prophet, peace and blessings of All\u0101h be on him:\n\"Do not leave the camels and the goats unmilked,9 and whoever buys them after (they have been so left), he has the option of doing one of the two things when he milks them; if he pleases he may keep them and if he pleases he may give them back (to the owner) with s\u0101' of dates.\n(B. 34:64.)\n15 Ibn 'Abb\u0101s said,\nThe Prophet, peace and blessings of All\u0101h be on him, came to Mad\u012bnah, and they used to pay two and three years in advance for dates.10 So he said:\n\"He who pays in advance for a commodity, (he should do it) for a specified measure\n8. To sell a thing by auction is thus allowed.\n9. This was a device by which the purchaser of a milch animal was deceived and induced to pay a higher price. Such a sale may he repudiated.\n10. This was a kind of speculation, not trade in the proper sense, because the thing purchased did not exist.\nand a definite weight to be delivered at a fixed time.\"\n(13. 35:2.)\n16 Sa'\u012bd ibn Huraith said,\n\"Whoever sells a house or a land yielding revenue, then he does not invest the price on a thing akin to it, he is not likely to be blessed therein.\"11\n(Ah. IV. 307.)\n17 J\u0101bir reported,\nHe heard the Messenger of All\u0101h, peace and blessings of All\u0101h be on him, say, while he was at Makkah in the year of the conquest (of Makkah):\nAll\u0101h and His Messenger have forbidden trade in wine and the dead (animals) and swine and Idols.\"12\n(B. 34:112.)\n11. It is due to neglect of this useful advice that immovable property is passing out of the hands of the Muslim community in India at a very fast pace. A Muslim is enjoined to meet his ordinary or extraordinary expenses out of his earnings or savings, and he must not sell his immovable property unless he intends to invest the price of it in acquiring similar property.\n12. Isl\u0101m came to exterminate idolatry, and hence it could not allow trade in idols. As regards things forbidden as food, evidently a Muslim has nothing p. 301 to do with them, and he cannot be allowed to carry them to other people. So far the words of the had\u012bth are quite in consonance with the spirit of Isl\u0101m. which looks upon every profession as a service to humanity, besides being the means of earning a livelihood for a man. But here follow the words:\nIt was said, O Messenger of All\u0101h! Inform us about the fat of the dead (animal); for, with it boots are rubbed and skins are greased and people light their lamps with it. He said: 'No! it is forbidden' (B. 34: 112).\nIf this part of the had\u012bth is accepted as authentic, the question arises, Did the Holy Prophet mean to say that it was forbidden to Muslims that they should make use of the fat of the dead animal to light lamps or grease skins? This would mean that not only was the eating of the dead animal forbidden, but anything which formed part of it could not he used in any other way. This is nowhere stated in the Holy Qur'\u0101n. where only the eating of certain things is forbidden, Moreover, the had\u012bth that follows, riot only makes such use lawful but clearly makes it necessary (b. 18). When the Holy Prophet saw a dead goat with its skin on it, he said :\"Why did you not benefit by its skin?\" If it was necessary to benefit by the skin, why not by the bones or the fat, so long as they were not used for eating purposes? The Holy Prophet could not, therefore, say that it was unlawful to use any part of a dead animal whose flesh was forbidden and this part of the had\u012bth cannot be accepted.\nIm\u0101m Sh'\u0101fi'\u012b and others have interpreted this part as meaning that it was the trading in such things as fats that was forbidden, not their use. There is no reason in this. If the use of a certain thing is allowed for a certain purpose, trading in it cannot be forbidden if limited to that purpose. The Holy Prophet made it necessary that the skins of the animals whose flesh was forbidden should be made use of, but how could that be done if trading in it was prohibited? Evidently there has been some misconception relating to the latter portion of the had\u012bth.\n18 Ibn 'Abb\u0101s said, The Prophet, peace and blessings of All\u0101h be on him, saw a dead goat which had been given to a maid of Maim\u016bnah out of zak\u0101t. The Prophet, peace and blessings of All\u0101h be on him, said: \"Why did you not benefit by its skin?\" They said, It was dead. He said: \"Only the eating thereof is forbidden.\"13\n(B. 24:61)\n13. The words of the Holy Prophet make it clear that a thing which may not be eaten may be put to any other use.","title":"A Manual of Hadith: Chapter XXII: Buying and Selling (Buy...","type":"page"}