Sahih al-Bukhari, 2207
sahihNarrated Anas bin Malik:
Allah's Messenger (ﷺ) forbade Muhaqala, Mukhadara, Mulamasa, Munabadha and Muzabana. (See glossary and previous Hadiths for the meanings of these terms.)
حَدَّثَنَا إِسْحَاقُ بْنُ وَهْبٍ، حَدَّثَنَا عُمَرُ بْنُ يُونُسَ، قَالَ حَدَّثَنِي أَبِي قَالَ، حَدَّثَنِي إِسْحَاقُ بْنُ أَبِي طَلْحَةَ الأَنْصَارِيُّ، عَنْ أَنَسِ بْنِ مَالِكٍ ـ رضى الله عنه ـ أَنَّهُ قَالَ نَهَى رَسُولُ اللَّهِ صلى الله عليه وسلم عَنِ الْمُحَاقَلَةِ، وَالْمُخَاضَرَةِ، وَالْمُلاَمَسَةِ، وَالْمُنَابَذَةِ، وَالْمُزَابَنَةِ.
Isnad
5 transmittersReferences2 variants
- In-Book Reference
- Book 34, Hadith 153
- USC-MSA web (English) reference
- Vol. 3, Book 34, Hadith 409 (deprecated numbering scheme)
Sharh · explanationclick to expand
Islam came to eradicate the evil traces of the pre-Islamic era and forbid the sales that contravened the Laws of Islam, involved injustice, and yielded no benefits. In this hadeeth, Anas ibn Maalik (may Allah be pleased with him) underlined that the Messenger of Allah ﷺ forbade the Muhaaqalah sale, which was the sale of wheat while still in its ear in return for a certain known measure of wheat. He ﷺ also forbade Mukhaadarah, which referred to the sale of crops before they become ripe and ready for consumption. He ﷺ also forbade Mulaamasah, which referred to a way of selling practiced before Islam whereby a buyer purchased clothes or otherwise without seeing it properly with the condition that he was disentitled to annul the sale after properly seeing the purchased commodity; whenever he touched it, the sale became binding. He ﷺalso forbade Munaabadhah, which is an Arabic word derived from the root ‘Na-ba-dha’, denoting throwing. It refers to a way of selling practiced before Islam, whereby a buyer said to a seller, ‘I shall buy whatever garment you throw at me for such-and-such a price”.Thus, throwing the commodity at the buyer became the seller’s consent to conclude the purchase, and the buyer became obliged to buy it. He ﷺ also forbade Muzaabanah, which is a transaction whereby an owner of fruit trees sold his fruit for an estimated equivalent weight of the dried fruit, such as palm fruit for dates or grapes for raisins. The Prophet ﷺ deemed such transactions forbidden, but excluded one form known as Bay‘ Al-‘Ariyyah (i.e., a sale of unpicked and unripe fruits, usually dates, for an estimated weight of picked and ripe fruit on the ground based on dry measurement). It was reported that Zayd ibn Thaabit (may Allah be pleased with him) said: “The Prophet ﷺ gave a legal concession in case of the ‘Ariyyah sale, selling dry dates for fresh ones after measuring them out.” [Saheeh Al-Bukhaaree and Saheeh Muslim]. This refers to a sale whereby the owner of an orchard grants a poor person, who has no palm trees of his own nor cash to buy fresh dates for his household consumption, the (fresh) dates of his palm tree in return for a payment of surplus dry dates made by the poor person. It is a barter of the owner’s fresh dates of one or two palm trees, for instance, for an estimated weight of surplus dates that the poor person had left, to avail himself of the fresh dates like those who could afford to buy them. The Prophet ﷺ gave a legal concession to conduct the sale of ‘Arayah for an estimated weight of dry dates, provided that they were less than five Wasaqs, as narrated on the authority of Aboo Hurayrah (may Allah be pleased with him) in Saheeh Al-Bukhaaree and Saheeh Muslim, and the Wasaq equaled 60 Saa‘s. The hadeeth forbade a number of sales and financial transactions that involved Gharar (i.e., risk and uncertainty) and ambiguity. .