Sahih Muslim, 1530 a
sahihJabir b. Abdullah (Allah be pleased with them) is reported to have said that Allah's Messenger (ﷺ) forbade the sale of a heap of dates the weight of which is unknown in accordance with the known weight of dates.
حَدَّثَنِي أَبُو الطَّاهِرِ، أَحْمَدُ بْنُ عَمْرِو بْنِ سَرْحٍ أَخْبَرَنَا ابْنُ وَهْبٍ، حَدَّثَنِي ابْنُ جُرَيْجٍ، أَنَّ أَبَا الزُّبَيْرِ، أَخْبَرَهُ قَالَ سَمِعْتُ جَابِرَ بْنَ عَبْدِ اللَّهِ، يَقُولُ نَهَى رَسُولُ اللَّهِ صلى الله عليه وسلم عَنْ بَيْعِ الصُّبْرَةِ مِنَ التَّمْرِ لاَ يُعْلَمُ مَكِيلَتُهَا بِالْكَيْلِ الْمُسَمَّى مِنَ التَّمْرِ .
References2 variants
- In-Book Reference
- Book 21, Hadith 50
- USC-MSA web (English) reference
- Book 10, Hadith 3654 (deprecated numbering scheme)
Sharh · explanationclick to expand
The rulings of sale transactions in Islam revolve around honesty and the absence of uncertainty among the parties involved in the sale. The sold item must be known to both parties, in terms of type, quantity, and quality, in such a way that removes any ambiguity. The Prophet (may Allah's peace and blessings be upon him) forbade certain kinds of sales that involve Jahālah (ambiguity), Gharar (uncertainty), and Riba (usury). This Hadīth clarifies some of these forbidden kinds of sales. Jābir ibn ‘Abdullah (may Allah be pleased with him and his father) narrates that the Messenger of Allah (may Allah's peace and blessings be upon him): "Forbade selling a heap of dried dates, whose measure is unknown," "Subrah" (heap): food that is collected in a pile and whose weight and quantity are unknown. This applies to all types of food; however, he mentioned here one type in particular, namely the dried dates, because it is their staple food; otherwise, the mentioned prohibition includes all types of measured food. In Muslim's version, he did not mention his saying: "of dried dates" at the end of the Hadīth, which indicates the inclusion of all types of food sold without knowing its amount in exchange for a known amount of its like. "For a specified amount of dried dates," i.e., he forbade selling an unknown amount for a known amount of the same type, like dried dates for dried dates, wheat for wheat, and barley for barley, as this involves ambiguity regarding the unmeasured food from one aspect besides involving Riba al-Fadl (usury of surplus) from another aspect, bearing in mind that ignorance about the equality between the sold and purchased items is like knowing that there is a surplus between them, which is clear Riba. If the items subject to Riba rulings are the same, then, they must be the same in measure and hand to hand. However, if they are of different types, then, there is nothing wrong with the surplus between them like in the case of selling dried dates for wheat, or barley for corn, and the same applies to selling for cash, gold, or silver. The Hadīth clarifies how the Shariah regulates the process of selling and buying to avoid the occurrence of disputes..