Category: Tirmidhi

Narrated ‘Amr bin Shu’aib: From his father, from his grandfather, that the Messenger of Allah (ﷺ) said: “Both the buyer and the seller retain the option as long as they did not separate, unless they agreed to making it optional. And it is not lawful for him to separate from his companion, fearing that he will change his mind.” [Abu ‘Eisa said:] This Hadith is Hasan and this means separating from him after the sale, fearing that he will change his mind. And if the separation referred to speech, and there was no option left for him after the sale, then this Hadith would be meaningless, since he (ﷺ) said: “And it is not lawful for him to separate from his companion, fearing that he will change his mind.”

Narrated Abu Hurairah: That the Prophet (ﷺ) said: “They (the two) are not separate from a sale except in agreement. [Abu ‘Eisa said:] This Hadith is Gharib.

Narrated Hakim b. Hizam: “The Messenger of Allah (ﷺ) prohibited me from selling what was not with me.” [Abu ‘Eisa said:] This Hadith is Hasan. He said: There is something on this topic from ‘Abdullah bin ‘Umar. Ishaq bin Mansur said: “I said to Ahmad: ‘What is the meaning of the prohibition from a loan along with a sale? He said: ‘That he gives him a loan and then he makes a sale to him greater then it’s actual worth. And, it carries the meaning of him loaning it to him in exchange for something (as collateral), so he says: ‘If you are unable to pay it (the loan), the it (the collateral) will be a sale for you.’ Ishaq [bin Rahuwyah] said as he said. And I said to Ahmad: ‘What about selling what one does not possess?’ He said: ‘To me it does not apply except in cases of food – meaning one has not taken possession of it.’ And Ishaq said the same for all of what is measured or weighed. Ahmad said: ‘When he says: “I will sell you this garment, with the condition that I am the tailor for it, and I am the one who bleaches it.’ This is an example of two conditions in one sale. But if he says: “I am selling it to you with the condition that I am its tailor,” then there is no harm in it. And, if he said: “I am selling it to you with the condition that I am the one who bleaches it” then there is no harm in it, because this is only one condition.’ And Ishaq said as he said.”

Narrated Jabir: “The Prophet (ﷺ) gave a Bedouin the option after a sale.” This Hadith is Hasan Gharib.

Narrated Ayyub: ‘Amr bin Shu’aib narrated to us, saying: My father narrated to me from his father’ until he mentioned ‘Abdullah bin ‘Amr: “The Messenger of Allah (ﷺ) said: ‘It is not lawful to lend and sell, nor two conditions in a sale, nor to profit from what is not possessed, nor to sell what one does not have.’” [Abu ‘Eisa said:] This Hadith is Hasan Sahih. [Abu ‘Eisa said:] The Hadith of Hakim bin Hizam is a Hasan Hadith, it has been reported from him through other routes. Ayyub As-Sakhtiyani and Abu Bishr report from Yusuf bin Mahak, from Hakim bin Hizam. [Abu ‘Eisa said:] ‘Awf and Hisham bin Hassan reported this Hadith from Ibn Sirin, from Hakim bin Hizam from the Prophet (ﷺ). And this is a Mursal Hadith. Ibn Sirin only reported it from Ayyub As-Sikhtiyani from Yusuf bin Mahak, from Hakim bin Hizam like this.

Narrated Anas: That there was a man who was not very sensible and he would make purchases. So his family came to the Prophet (ﷺ) and said: “O Messenger of Allah! Stop him (from making purchases).” So Allah’s Prophet (ﷺ) called him to prohibit him, and he said: “O Messenger of Allah! I have no patience for business.” So he said: “When you are buying, say: ‘Hand to hand, and no cheating.’” [Abu ‘Eisa said:] There is a narration on this topic from Ibn ‘Umar. The Hadith of Anas is a Hasan Sahih Gharib Hadith. This is acted upon according to the people of knowledge. They say that the free man can be prevented from selling and buying when his intellect is weak. This is the view of Ahmad and Ishaq. Some of the scholars did not think that the free person who had attained the age of responsibility could be prevented from that.

Narrated Hakim b. Hizam: “The Messenger of Allah (ﷺ) prohibited me from selling what was not with me.” [Abu ‘Eisa said:] Waki’ reported this Hadith from Yazid bin Ibrahim, from Ibn Sirin, from Ayyub, from Hakim bin Hizam, and he did not mention in it: “From Yusuf bin Mahak.” And the narration of ‘Abdus-Samad (a narrator in the chain of Hadith no. 1235) is more correct. Yahya bin Abi Kathir reported this Hadith from Ya’la bin Hakim, from Yusuf bin Mahak, from ‘Abdullah bin ‘Ismah, from Hakim bin Hizam, from the Prophet (ﷺ). This Hadith is acted upon according to most of the people of knowledge, they dislike for a man to sell what is not with him.

Narrated Abu Hurairah: That the Prophet (ﷺ) said: “Whoever purchased an animal that has not been milked, then he the choice when he milks it, if he wishes he may return it, returning a Sa’ of dried dates along with it.” [Abu ‘Eisa said:] There are narration on this topic from Anas, and a man from the Companions of the Prophet (ﷺ).

Narrated Ibn ‘Umar: “The Messenger of Allah (ﷺ) prohibited selling the Wala’ and conferring it.” [Abu ‘Eisa said:] This Hadith is Hasan Sahih. We do not know of it except as a narration of ‘Abdullah bin Dinar, from Ibn ‘Umar. This Hadith is acted upon according to the people of knowledge. Yahya bin Sulaim reported this Hadith from ‘Ubaidullah bin ‘Umar, from Nafi’ from Ibn ‘Umar from the Prophet (ﷺ), saying “That he prohibited selling the Wala’ and conferring it.” But this is mistake from Yahya bin Sulaim. Because ‘Abdul Wahhab Ath-Thaqafi, ‘Abdullah bin Numair and others reported it from ‘Ubaidullah bin ‘Umar, from Ibn ‘Umar, from the Prophet (ﷺ). And this is more correct than the narration of Yahya bin Sulaim.

Narrated Abu Hurairah: That the Prophet (ﷺ) said: “Whoever purchases an animal that has not been milked, then he retains the option for three days. If he returns it, then he is to return with it a Sa’ of food, not Samra’ ” [Abu ‘Eisa said:] The meaning of “Not Samra’” is “not wheat.” This Hadith is Hasan Sahih. This Hadith is acted upon according to our companions, among them Ash-Shafi’i, Ahmad, and Ishaq.