Sharh · explanationclick to expand
The Laws of Islam regulates people’s dealings and interactions when conducting sales and business transactions. It has laid down rules and principles clarifying the essential matters to avoid disputes among people, and help them conduct lawful and smooth business transactions that are free of ambiguity, deceit, and Laws of Islam violations. In this hadeeth, the Prophet ﷺ forbade some business transactions that may lead to discord, hatred, and dishonesty among Muslims. Therefore, he ﷺ forbade a town dweller to sell goods on behalf of a desert dweller (or vice versa). This means that a desert dweller may not appoint a town or urban dweller to sell his commodity on his behalf in a given village or town for higher prices, acting as a broker and mediator in the sales transaction. The wisdom behind the prohibition in this regard is that it best serves people’s interests; an urban dweller may sell the commodity for a higher price, but if the desert dweller sells his own goods, he may sell it for a lower price, and this would be more beneficial for people. Moreover, an urban dweller may harm the interests of the desert dweller, i.e., principal, and be a means of exposing him to deceit. Likewise, the Prophet ﷺ forbade Najash (i.e., bidding to raise the price without intention to buy) to deceive others into buying a commodity for a higher price. The wisdom behind the prohibition in this regard is because it involves deceit and trickery of people. He ﷺ also forbade overriding a sales transaction conducted by one’s fellow Muslim. For instance, one may offer a buyer of a given commodity to sell it to him for a lower price if he cancels the previous sale transaction after concluding it and before leaving the contract session, or during the period of Khiyaar Al-Shart (i.e., the right of one or both or a third party to confirm or cancel a contract within a specified period of time). The same ruling applies to overriding a seller’s salestransaction after its finalization, offering him a higher price for it and urging him to annul the other transaction. Likewise, the Prophet ﷺ forbade a Muslim from proposing to a woman who is already engaged to his fellow Muslim brother. This may happen when someone proposes to a woman, she proclaims her approval, and they agree on the Mahr (dower), but another man proposes to her before the conclusion of the marriage contract, offering her a bigger Mahr, for instance, or opting for other means to tempt her to accept his proposal. Afterward, the Prophet ﷺ also forbade a Muslim woman from causing the divorce of her fellow Muslim sister in order to deprive her of what belongs to her. This means that a woman must not urge her husband to divorce her co-wife to (get rid of her,) deprive her of him, and have him all for herself. The version narrated by Aboo Daawood reads: “…and to marry him. She will have what is decreed for her,” meaning that she must not condition her marriage upon another woman’s divorce. She must not stipulate another woman’s divorce as a condition to her marriage withthis man. Rather, she should marry him (if she wishes) and the decrees of Allah, Exalted is He, for her would inevitably come to pass. .