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Other Haram Contracts of Sale

1) Bushair b. Yasar reported on the authority of some of the Com­panions of Allah’s Messenger (Sall Allah-o-alaihe wa sallam) among the members of his family among whom one was Sahl b. Abi Hasmah, that Allah’s Messenger (Sall Allah-o-alaihe wa sallam) forbade buying of fresh dates against dry dates and that it is riba and this is muzabana, but he made an exemption of ‘ariyya [1] (selling of a tree or two in which case the members of a family can get fresh dates for eating them).

Bushair b. Yasar reported on the authority of some of the Companions of Allah’s Messenger (Sall Allah-o-alaihe wa sallam) that he exempted the transaction of ‘ariyya (from the direct exchange of one kind) after measuring the dry dates (in exchange for fresh dates).


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Sa‘id b. al-Musayyib said that Allah’s Messenger (Sall Allah-o-alaihe wa sallam) forbade the transaction of muzabana and muhaqala. Muzabana means that fresh dates on the trees should be sold against dry dates. muhaqala implies that the wheat in the ear should be sold against the wheat and getting the land on rent for the wheat (produced in it). He (the narrator) said that the Holy Prophet (Sall Allah-o-alaihe wa sallam) said; “Do not sell fresh fruits on the trees until their good condition becomes manifest, and do not sell fresh dates on the trees against dry dates. Salim said: ‘Abdullah informed me on the authority of Zaid b. Thabit. Allah’s Messenger (Sall Allah-o-alaihe wa sallam) having given concession afterwards in case of ‘arayya transaction by which dry dates can be exchanged with fresh dates, but he did not permit in other case.

Abu Huraira reported Allah’s Messenger (Sall Allah-o-alaihe wa sallam) having given exemption of ‘ariyya transactions measuring less than five wasqs or up to five wasqs (the narrator Dawud is in doubt whether it was five or less than five).

Ibn ‘Umar reported Allah’s Messenger (Sall Allah-o-alaihe wa sallam) having forbidden muzabana, and muzabana implies the selling of fresh dates for dry dates by measuring them out and the selling of raisins by measure for grapes.           

Abdullah (b. ‘Umar) reported that Allah’s Messenger (Sall Allah-o-alaihe wa sallam) forbade muzabana, i.e. buying of fresh dates (on) the trees for dry dates by measure, and the buying of grapes for raisins by measure and the selling of field of corn for corn by measure.

Nafi reported that Ibn ‘Umar informed him that Allah’s Messenger (Sall Allah-o-alaihe wa sallam) having forbidden muzabana, and muzabana is the selling of dry dates by measure for fresh dates and the selling of raisins by measure for grapes and selling of all sorts of fruits on the basis of calculations.

Ibn ‘Umar reported Allah’s Messenger (Sall Allah-o-alaihe wa sallam) having forbidden muzabana, and muzabana implies the selling of dry dates for fresh dates on the tree with a definite measure (making it clear) that in case it increases, it belongs to me and if it is less, it is my responsibility.

‘Abdullah (b. ‘Umar) reported Allah’s Messenger (Sall Allah-o-alaihe wa sallam) having forbidden muzabana, and it implies that one should sell the fresh fruits of his orchard (for dry fruits) or, if it is fresh dates, for dry dates with a measure, or if it is grapes for raisins or if it is corn in the field for dry corn with a measure. He (the Holy Prophet, Sall Allah-o-alaihe wa sallam) in fact forbade all such transactions. Qutaiba has narrated on the authority of Nafi’ with another chain of transmit­ters.        

Jabir b. ‘Abdullah reported that Allah’s Messenger (Sall Allah-o-alaihe wa sallam) had forbidden muzabana, muhaqala, mukhabara, and the sale of fruits until their good condition becomes clear, and (he commanded) that (commodities) should not be sold but for the dinar and dirham except in case of ‘arayya.        

Jabir b. ‘Abdullah (Allah be pleased with them) reported that Messenger of Allah (Sall Allah-o-alaihe wa sallam) forbade mukhabara, muhaqala and muzabana, and the sale of the fruit until it is fit for eating and its sale but with dirham and dinar, exception is made in case of ‘arayya. ‘Ata‘ said; Jabir explained (these terms) for us. As for mukhabara it is this that a wasteland is given by a person to another and he makes an investment in it and then gets a share in the produce. According to him (Jabir), muzabana is the sale of fresh dates on the tree for the dry dates with a measure, and muhaqala in agriculture implies that one should sell the standing crop for grains with a measure.        

Zaid b. Abi Anisa informed on the authority of Abul Waleed al-Makki (while he was sitting with ‘Ata b. Abi Rabah) that Jabir b. ‘Abdullah (Allah be pleased with them) reported Allah’s Messenger (Sall Allah-o-alaihe wa sallam) forbidding muhaqala, muzabana and mukhabara, and they buying of date-palm until its fruit is ripened (ripening means that its colour becomes red or yellow, or it is fit for being eaten). And muhaqala implies that crops in the field are bought for grains according to a customary measure. Muzabana implies that date-palm should be sold for dry dates by measuring them with wasqs, and almukhabara is (a share), may be one-third or one-fourth (in produce) or something like it. Zaid (one of the narrators) said to ‘Ata‘ b. Abu Rabah (the other narrator): Did you hear Jabir b. ‘Abdullah (Allah be pleased with them) making a mention of it that he had heard it directly from Allah’s Messenger (Sall Allah-o-alaihe wa sallam). He said: Yes.

Jabir b. ‘Abdullah (Allah be pleased with them) reported Allah’s Messenger (Sall Allah-o-alaihe wa sallam) forbidding muzabana, muhaqala and mukhabara, and the sale of fruits until they are ripe. I (the narrator) said to Sa‘id (the other narrator); What does ripening imply? He said: It means that they become red or become yellow and are fit for eating.

Jabir b. ‘Abdullah (Allah be pleased with them) reported Allah’s Messenger (Sall Allah-o-alaihe wa sallam) forbidding muhaqala and muzabana and mu‘awama and mukhabara (One of the narrators said; “Sale for years ahead is mu‘awama) and thuniyyah, but he made an exemption of ‘arayya.”

2) Abu Huraira (Allah be pleased with him) reported that Allah’s Messenger (Sall Allah-o-alaihe wa sallam) forbade transaction called mulamasa.        

Abu Huraira (Allah be pleased with him) reported: Two types of transactions have been forbidden (by the Holy Prophet); al-mulamasa and al-munabadha. As for as mulamasa transaction is concerned it is that every one of them (the parties entering into transaction) touch the garment of the other without careful consideration, and al-munabadha is that one of them throws his cloth to the other and the other of them does not look toward the cloth of his friend.

3) Abu Huraira (Allah be pleased with him) reported that Allah’s Messenger (Sall Allah-o-alaihe wa sallam) forbade a transaction determined by throwing stones and the type which involves some uncertainty.

4) ‘Abdullah (b. ‘Umar) (Allah be pleased with him) said that Allah’s Messenger (Sall Allah-o-alaihe wa sallam) forbade the transaction called habal al-habala.        

Ibn ‘Umar (Allah be pleased with him) reported that the people of pre-Islamic days used to sell the meat of the slaughtered camel up to habal al-habala. And habal al-habala implies that a she-camel should give birth and then the (born one should grow young) and become pregnant. Allah’s Messenger (Sall Allah-o-alaihe wa sallam) forbade them from that (this transaction).

5) ‘Abu Huraira (Allah be pleased with him) reported Allah’s Mes­senger (Sall Allah-o-alaihe wa sallam) as saying: “He, who bought a goat having its udder tied up should go back with it, milk it, and, if he is satisfied with its milk, he should retain it, otherwise he should return it along with a sa‘ of dates.”

Abu Huraira (Allah be pleased with him) reported Allah’s Mes­senger (Sall Allah-o-alaihe wa sallam) as saying: “He who buys a goat with its udder tied up has the option to retain the goat if he so desires or return it within three days, and in case he returns it he should do so along a sa‘ of dates.”

6) lbn ‘Umar (Allah be pleased with them) reported that Allah’s Messenger (Sall Allah-o-alaihe wa sallam) forbade the selling and making a gift of the right of inheritance of a slave. Imam Muslim said: “All the persons depend upon ‘Abdullah b. Dinar in regard to this hadith.”

[1]Arraya is that sale by which some trees in the garden are dedicated for the use of poor. A. H. Siddiqui, Sahih Muslim, Sh. M. Ashraf, 1972, p. 806, n. 1992).

 

Source: Economic Teachings of Prophet Muhammad (peace be upon him): A Select Anthology of Hadith Literature on Economics, Muhammad Akram Khan. Republished with permission.