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 Book Thirty Five – The Book on Sales in which a price is paid for Goods delivered later

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Zaza
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PostSubject: Book Thirty Five – The Book on Sales in which a price is paid for Goods delivered later   Book Thirty Five – The Book on Sales in which a price is paid for Goods delivered later EmptySat Nov 27, 2010 5:22 pm


As Salamu Alaikum

Bismillah


Book Thirty Five – The Book on Sales in which
a Price is paid for Goods to be delivered later (As-Salam)
and Pre-emption (Ash-Shuf’a)




Hadith Number 441.

Narrated by Ibn Abbas (Radhi Allahu Anhuma): Allah's Prophet (Sallallahu Alayhi wa Sallam) came to Al-Madinah and the people used to pay in advance the price of fruits to be delivered within one or two years. (The sub-narrator is in doubt whether it was one to two years or two to three years.) The Prophet (Sallallahu Alayhi wa Sallam) said, "Whoever pays money in advance for dates (to be delivered later) should pay it for known specified weight and measure (of the dates)."


Hadith Number 442.

Narrated by Ibn Abi Najih (Radhi Allahu Anhu): As above, mentioning only specific measure.


Hadith Number 443.

Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): The Prophet (Sallallahu Alayhi wa Sallam) came to Al-Madinah and the people used to pay in advance the price of dates to be delivered within two or three years. He said (to them), "Whoever pays in advance the price of a thing to be delivered later should pay it for a specified measure at specified weight for a specified period."


Hadith Number 444.

Narrated by Ibn Abi Najih (Radhi Allahu Anhu): As above, saying, "He should pay the price in advance for a specified measure and for a specified period."


Hadith Number 445.

Narrated by Ibn 'Abbas (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) came (to Al-Madinah) and he told the people (regarding the payment of money in advance that they should pay it) for a known specified measure and a known specified weight and a known specified period.


Hadith Number 446.

Narrated by Shu'ba: Muhammad or 'Abdullah bin Abu Al-Mujalid said, "Abdullah bin Shaddad and Abu Burda differed regarding As-Salam, so they sent me to Ibn Abi Aufa and I asked him about it. He replied, 'In the life-time of Allah's Prophet (Sallallahu Alayhi wa Sallam), Abu Bakr and 'Umar (Radhi Allahu Anhuma), we used to pay in advance the prices of wheat, barley, dried grapes and dates to be delivered later. I also asked Ibn Abza and he, too, replied as above.'"


Hadith Number 447.

Narrated by Muhammad bin Al-Majalid: Abdullah bin Shaddad and Abu Burda sent me to 'Abdullah bin Abi Aufa and told me to ask 'Abdullah whether the people in the life-time of the Prophet (Sallallahu Alayhi wa Sallam) used to pay in advance for wheat (to be delivered later). Abdullah replied, "We used to pay in advance to the peasants of Sham for wheat, barley and olive oil of a known specified measure to be delivered in a specified period." I asked (him), "Was the price paid (in advance) to those who had the things to be delivered later?" Abdullah bin Aufa replied, "We did not use to ask them about that." Then they sent me to 'Abdur Rahman bin Abza and I asked him. He replied, "The companions of the Prophet (Sallallahu Alayhi wa Sallam) used to practice Salam in the life-time of the Prophet (Sallallahu Alayhi wa Sallam); and we did not use to ask them whether they had standing crops or not."


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As Salamu Alaikum


Hadith Number 448.

Narrated by Muhammad bin Abi Al-Mujalid: As above (446) and said, "We used to pay them in advance for wheat and barley (to be delivered later). Narrated Ash-Shaibani... "And also for oil."


Hadith Number 449.

Narrated by Ash-Shaibani (Radhi Allahu Anhu): Who said "We used to pay in advance for wheat barley and dried grapes."


Hadith Number 450.

Narrated by Abu Bakhtari At-Tai: I asked Ibn 'Abbas (Radhi Allahu Anhuma) about Salam for (the fruits of) date-palms. He replied "The Prophet (Sallallahu Alayhi wa Sallam) forbade the sale a dates on the trees till they became fit for eating and could be weighed." A man asked what to be weighed (as the dates were still on the trees). Another man sitting beside Ibn 'Abbas (Radhi Allahu Anhuma) replied, "Till they are cut and stored." Narrated Abu Al-Bakhtari: I heard Ibn Abbas (saying) that the Prophet (Sallallahu Alayhi wa Sallam) forbade... etc. as above. (*)


* In some narrations occur “Till they could be estimated (while still on the trees)

Hadith Number 451.

Narrated by Abu Al-Bakhtari: I asked Ibn Umar (Radhi Allahu Anhuma) about Salam (the fruits of) date-palms. He replied, "The Prophet (Sallallahu Alayhi wa Sallam) forbade the sale of dates till their benefit becomes evident and fit for eating and also the sale of silver (for gold) on credit." I asked Ibn 'Abbas about Salam for dates and he replied, "The Prophet (Sallallahu Alayhi wa Sallam) forbade the sale of dates till they were fit for eating and could be estimated."


Hadith Number 452.

Narrated by Abu Al-Bakhtari: I asked Ibn 'Umar (Radhi Allahu Anhuma) about Salam for dates. Ibn 'Umar replied, "The Prophet (Sallallahu Alayhi wa Sallam) forbade the sale (the fruits) of date-palms until they were fit for eating and also forbade the sale of silver for gold on credit." I also asked Ibn 'Abbas about it. Ibn 'Abbas replied, "The Prophet (Sallallahu Alayhi wa Sallam) forbade the sale of dates till they were fit for eating, and could be weighed." I asked him, "What is to be weighed (as the dates are on the trees)?" A man sitting by Ibn 'Abbas (Radhi Allahu Anhuma) said, "It means till they are cut and stored."


Hadith Number 453.

Narrated by 'Aishah (Radhi Allahu Anha): Allah's Prophet (Sallallahu Alayhi wa Sallam) bought some foodstuff (barley) from a Jew on credit and mortgaged his iron armour to him (the armour stands for a guarantor).



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PostSubject: Re: Book Thirty Five – The Book on Sales in which a price is paid for Goods delivered later   Book Thirty Five – The Book on Sales in which a price is paid for Goods delivered later EmptySat Nov 27, 2010 5:30 pm

As Salamu Alaikum


Hadith Number 454.

Narrated by Al-A'mash: We argued at Ibrahim's dwelling place about mortgaging in Salam. He said, "'Aishah (Radhi Allahu Anha) said, 'The Prophet (Sallallahu Alayhi wa Sallam) bought some foodstuff from a Jew on credit and the payment was to be made by a definite period, and he mortgaged his iron armour to him."


Hadith Number 455.

Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): The Prophet (Sallallahu Alayhi wa Sallam) came to Al-Madinah and the people used to pay in advance the prices of fruits to be delivered within two to three years. The Prophet (Sallallahu Alayhi wa Sallam) said (to them), "Buy fruits by paying their prices in advance on condition that the fruits are to be delivered to you according to a fixed specified measure within a fixed specified period." Ibn Najih said,"... by specified measure and specified weight."


Hadith Number 456.

Narrated by Muhammad bin Abi Al-Mujalid: Abu Burda and 'Abdullah bin Shaddad sent me to 'Abdur Rahman bin Abza and 'Abdullah bin Abi Aufa to ask them about the Salaf (Salam). They said, "We used to get war booty while we were with Allah's Messenger (Sallallahu Alayhi wa Sallam) and when the peasants of Sham came to us we used to pay them in advance for wheat, barley, and oil to be delivered within a fixed period." I asked them, "Did the peasants own standing crops or not?" They replied, "We never asked them about it."


Hadith Number 457.

Narrated by 'Abdullah (Radhi Allahu Anhu): The people used to sell camels on the basis of Habal-al-Habala. The Prophet (Sallallahu Alayhi wa Sallam) forbade such sale. Nafi' explained Habalal-Habala (*) by saying. "The camel is to be delivered to the buyer after the she-camel gives birth."


* Habalal-Habala- A kind of sale practiced in the pre-Islamic period of ignorance. One would pay the price of a she-camel which was not yet born but would be born by the immediate offspring of an extant she-camel.


Hadith Number 458.

Narrated by Jabir bin 'Abdullah (Radhi Allahu Anhu): Allah's Prophet (Sallallahu Alayhi wa Sallam) gave a verdict regarding Shuf'a in every undivided joint thing (property). But if the limits are defined (or demarcated) or the ways and streets are fixed, then there is no pre-emption.


Hadith Number 459.

Narrated by 'Amr bin Ash-Sharid : While I was standing with Sad bin Abi Waqqas (Radhi Allahu Anhu), Al-Miswar bin Makhrama came and put his hand on my shoulder. Meanwhile Abu Rafi' (Radhi Allahu Anhu), the freed slave of the Prophet (Sallallahu Alayhi wa Sallam) came and asked Sad to buy from him the (two) dwellings which were in his house. Sad said, "By Allah I will not buy them." Al-Miswar said, "By Allah, you shall buy them." Sad replied, "By Allah, I will not pay more than four thousand (Dirhams) by instalments." Abu Rafi' said, "I have been offered five hundred Dinars (for it) and had I not heard the Prophet (Sallallahu Alayhi wa Sallam) saying, 'The neighbour has more right than anyone else because of his nearness, I would not give them to you for four-thousand (Dirhams) while I am offered five-hundred Dinars (one Dinar equals ten Dirhams) for them." So, he sold it to Sad.


Hadith Number 460.

Narrated by 'Aisha (Radhi Allahu Anha): I said, "O Allah's Prophet! I have two neighbours and would like to know to which of them I should give presents." He replied, "To the one whose door is nearer to you."


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