Applicable Translations Indonesia عربي

355 - Chapter on the prohibition of a town-dweller selling for a desert-dweller, going to meet the caravan before it reaches the market, entering into a sale transaction already entered into by someone else, and proposing marriage while another person has proposed to the same girl - unless the other person permits it

1775/1 - Anas (may Allah be pleased with him) reported: “The Messenger of Allah (may Allah’s peace and blessings be upon him) forbade that a town-dweller should sell for a desert-dweller, even if he is his full brother.” [Narrated by Al-Bukhāri and Muslim]

1776/2 - Ibn ‘Umar (may Allah be pleased with him and his father) reported that the Prophet (may Allah’s peace and blessings be upon him) said: “Do not go to meet the merchandise till they arrive in the markets.” [Narrated by Al-Bukhāri and Muslim]

1777/3 - Ibn ‘Abbās (may Allah be pleased with him and his father) reported that the Prophet (may Allah’s peace and blessings be upon him) said: “Do not go to meet the caravans, and let no town-dweller sell for a desert-dweller.” Tāwūs said to him: “What is the meaning of ‘and let no town-dweller sell for a desert-dweller’?” He said: “He should not act as a broker for him.” [Narrated by Al-Bukhāri and Muslim]

Words in the Hadīth:

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Do not go to meet the caravans: Let town-dwellers not go to receive the coming desert-dwellers before they arrive in the town.

Guidance from the Hadīths:

1) Part of the wisdom behind the prohibition of a town-dweller selling for a desert-dweller is that the town-dweller should not deceive the desert-dweller, for the latter does not know the prices in the market.

2) Islam guarantees the ignorant and unaware their right during sale transactions, thus destroying the unjust common rule that says: “Law does not protect fools.”

3) Blood relationship does not make the unlawful lawful. So, a believer should be keen to establish the Shariah of Allah, even if this contradicts the kinship interests.

1778/4 - Abu Hurayrah (may Allah be pleased with him) reported: “The Messenger of Allah (may Allah’s peace and blessings be upon him) forbade that a town-dweller should sell for a desert-dweller; and similarly Najash was forbidden. And one should not urge somebody to return the goods to the seller so as to sell him his own goods; nor should one demand the hand of a girl who has already been engaged to someone else; and a woman should not try to cause some other woman to be divorced in order to take her place.” Another narration reads: “The Messenger of Allah (may Allah’s peace and blessings be upon him) forbade the people from meeting the caravan on the way for entering into business transaction with them; a town-dweller from selling for a desert-dweller; a woman from stipulating that another woman be divorced; and a man from selling his product by canceling the sale of his brother’s product; and he forbade the practice of Najash (falsely overpricing) and leaving the milch animals unmilked to deceive the buyer.” [Narrated by Al-Bukhāri and Muslim]

1779/5 - Ibn ‘Umar (may Allah be pleased with him and his father) reported that the Prophet (may Allah’s peace and blessings be upon him) said: “None of you should enter into a transaction already entered into by his brother, and none should make a proposal of marriage upon the proposal already made by his brother, unless he permits it.” [Narrated by Al-Bukhāri and Muslim - this is his wording]

1780/6 - ‘Uqbah ibn ‘Āmir (may Allah be pleased with him) reported that the Prophet (may Allah’s peace and blessings be upon him) said: “The believer is the brother of the believer. So, it is not lawful for a believer to enter into a transaction already entered into by his brother, nor to make a proposal of marriage upon the proposal already made by his brother, until he gives it up.” [Narrated by Muslim]

Words in the Hadīth:

Najash: to overprice a product with the aim of deceiving a buyer.

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A man from selling his product by canceling the sale of his brother’s product: This is when the seller and buyer have agreed on the sale transaction and are close to finalizing it, and then another person comes and tells the seller: I will buy your commodity.

Some people tend to leave the animals unmilked when they intend to sell them so that their udders look bigger and the buyer gets misled into believing that the animals produce abundant milk, which is not the case.

Guidance from the Hadīths:

1) It is prohibited to overprice a product in a sale transaction for the purpose of deceiving buyers. It is also prohibited for a man to enter into a sale transaction already entered by another man or to seek to buy his product by trying to cancel the sale of another person’s product, after the seller and buyer have already agreed on the price and are close to completing the deal.

2) Anything that causes discord and separation between a man and his wife and inspires rancor and hatred within their hearts is prohibited.

3) All kinds of cheating and deception are prohibited, and so is anything that harms Muslims.

4) One of the excellent aspects of this Shariah is that it seeks to deepen the bond of brotherliness between Muslims and warns of anything that spoils it.