Azami 5430

Ibn Majah (2355) narrated it from Abu Bakr bin Abu Shayba, who said, Abdul-Ala told us, from Muhammad bin Ishaq, from Muhammad bin Yahya bin Habban, who said, He is my grandfather Munqidh bin Amr, and he was a man who had been struck on the head by a slave woman, and he mentioned the story. Muhammad bin Ishaq is a mudallis, but explicit statements from him have come showing that he heard this story from Muhammad bin Yahya bin Habban in several places. Also, Muhammad bin Yahya bin Habban is a follower of the companions and did not witness his grandfather's story himself, but it has been narrated through various routes indicating that he heard it from someone else, from his grandfather. The details of this are found in what Ahmad (6134) and Daraqutni (30011) both narrated, from the hadith of Muhammad bin Ishaq, who said, Nafi told us that Abdullah bin Umar told him that a man from the Ansar had a speech impediment in his tongue, and he was constantly being cheated in trading deals. He came to the Messenger of Allah ﷺ and mentioned this to him, so he said, "When you sell, say, no deception," twice. The wording is that of Daraqutni.This unnamed man from the Ansar is Munqidh bin Amr, as appears in the narration that Daraqutni presented, appended to the previous narration, where he said, Muhammad (meaning Ibn Ishaq) said, and Muhammad bin Yahya bin Habban told me, saying, He is my grandfather Munqidh bin Amr, and he was a man who had been struck on the head by a slave woman, which broke his speech and took away his reason, yet he would not give up trading, and he kept being cheated. So he came to the Messenger of Allah ﷺ and mentioned this, and he said, "When you make a sale, say, no deception, then for every item you buy you have the right to choose for three nights. If you are satisfied, keep it, and if you are displeased, return it to its owner."Umar lived a long life, he lived one hundred and thirty years, and he was alive during the time of Uthman bin Affan, when people had spread out and multiplied. He would buy something in the market and bring it back to his family after being badly cheated, so they would blame him and say, "Why did you buy it?" And he would say, "I have the right to choose, if I am satisfied I keep it, and if I am displeased I return it. The Messenger of Allah ﷺ gave me the right to choose for three days." So he would return the item to its owner the next day or the day after, and the man would say, "By Allah, I will not accept it back, you have taken your item and given me money." He said, He would say, "The Messenger of Allah ﷺ has given me the right to choose for three days." Then a man from among the companions of the Messenger of Allah ﷺ would pass by and say to the merchant, "Woe to you, he has told the truth. The Messenger of Allah ﷺ did indeed give him the right to choose for three days."In this there is an explicit statement from Muhammad bin Ishaq, and also that Muhammad bin Yahya bin Habban heard from Zubayr, so the chain is connected.Ibn Abu Shayba (37481) narrated it from Abbad bin Awwam, from Muhammad bin Ishaq, from Muhammad bin Yahya bin Habban, who said, Ibn Zubayr only set the option period for slaves at three days because of the statement of the Messenger of Allah ﷺ to Munqidh bin Amr, "Say, no deception, when you make a sale, then you have the right to choose for three days."So Muhammad bin Ishaq would sometimes narrate it in brief and other times at length, just as Ibn Umar would sometimes narrate it with the full story and other times without it. Through these routes and others which I have passed over, this hadith is hasan, and there is no inconsistency in it, except that the three-day option was specific to him and not to others.As for his statement, "no deception," it means no cheating. It is said, "khalabtu the man," meaning I deceived him, khalb and khilaba, with the kha vowelled with a kasra. The poet said, "The worst of men is the deceiver who has himself been deceived."In the hadith there is evidence that a person under legal restriction, like a child, cannot have his sale carried through, for the Prophet's ﷺ statement to him, "no deception," stands in the position of the restricted person when he has been cheated and his family wishes to reverse the sale and purchase. The Prophet's ﷺ statement to him, "Say, no deception," though specific to him, is nonetheless used as a basis for analogy for anyone deficient in reason. However, most of the jurists held the view that when two parties to a sale act out of mutual consent, and both are sane and not legally restricted, then if one of them is cheated, he has no right to reverse the transaction. Khattabi mentioned this view of the jurists in Maalim.