Sahih Muslim, 1536 a
sahihJabir (Allah be pleased with him) reported that Allah's Messenger (ﷺ) forbade (or forbade us) the sale of fruits until they are ripe in a good condition.
حَدَّثَنَا يَحْيَى بْنُ يَحْيَى، أَخْبَرَنَا أَبُو خَيْثَمَةَ، عَنْ أَبِي الزُّبَيْرِ، عَنْ جَابِرٍ، ح. وَحَدَّثَنَا أَحْمَدُ بْنُ يُونُسَ، حَدَّثَنَا زُهَيْرٌ، حَدَّثَنَا أَبُو الزُّبَيْرِ، عَنْ جَابِرٍ، قَالَ نَهَى - أَوْ نَهَانَا - رَسُولُ اللَّهِ صلى الله عليه وسلم عَنْ بَيْعِ الثَّمَرِ حَتَّى يَطِيبَ .
Isnad
8 transmitters- 1Yahya bin Yahya bin BukayrNisapur,Khurasan,Hijaz,Iraq,Syria,Egypt · d. 226 AH
- 2Zuhayr bin HarbNisa'/Baghdad · d. 234 AH/848 CE
- 3Muhammad bin Muslim bin TadrasMakkah · d. 126 AH
- 4Jabir ibn 'AbdullahMedinah/Baghdad/Egypt/Damascus · d. ~78 AH/687 CE
- 5Ahmed bin 'Abdullahal-Kufa · d. 227 AH
- 6Zuhayr bin Mua'wiya bin Hudayjal-Kufa,Bahrain · d. ~174 AH
- 7Muhammad bin Muslim bin TadrasMakkah · d. 126 AH
- 8Jabir ibn 'AbdullahMedinah/Baghdad/Egypt/Damascus · d. ~78 AH/687 CE
References2 variants
- In-Book Reference
- Book 21, Hadith 70
- USC-MSA web (English) reference
- Book 10, Hadith 3672 (deprecated numbering scheme)
Sharh · explanationclick to expand
Islam cares about protecting people's property and is keen on not wasting them. It has clarified the manner of dealing with fixed assets and cash and how to manage selling and buying in such a way that guarantees the absence of uncertainty between the transactors and the removal of ambiguity from the sold item. In this Hadīth, Jābir ibn ‘Abdullah (may Allah be pleased with him and his father) narrates that the Prophet (may Allah's peace and blessings be upon him) forbade selling the white land, which is the land that has no trees or plants. What is meant by selling it here is its "Kirā’" (leasing), which means taking a share of the fruits as a rent for the land. It was called "sale" because it refers to selling a benefit. His saying: "Two or three years" indicates that the land may not yield a product during one of the contract years. Hence, its cultivator will need to fulfill his contract. For this reason, the Prophet (may Allah's peace and blessings be upon him) made the original state of the land dominant in the contract so that none of them would deceive the other or consume his brother's property wrongfully. As for leasing in return for gold, silver, or cash, there is nothing wrong with that, for in the two Sahīh Collections - the wording is that of Muslim - Hanzhalah ibn Qays reported: "That he asked Rāfi‘ ibn Khadīj about leasing land, and he said: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land. He said: I said: Even in return for gold and silver? He said: If it is in return for gold and silver, there is no harm with that." The Prohibition in this Hadīth is from uncertainty in leasing land in return for something ambiguous or not guaranteed of its fruits and how the transaction should be transparent and known to avoid discord and wasting people's properties..