Azami 5767

Imam Ahmad narrated it (6307) from Yaala and Muhammad, who said, "Muhammad, meaning Ibn Ishaq, narrated to us, Nafi narrated to me, from Ibn Umar," and he mentioned it. Its chain is hasan because of Muhammad bin Ishaq, for he is a mudallis, but he explicitly stated that he heard it directly.Ibn Hibban narrated it in his Sahih (4972) through the route of Muhammad bin Abdul-Ala, who said, "Mutamir narrated to us, from his father, from Nafi, from Ibn Umar," and he mentioned something similar. Mutamir is Ibn Sulayman Taymi. It has been said that there is a man between Sulayman Taymi and Nafi, but Ibn Hibban took it at face value and included it in his Sahih, and others likewise included it and graded its chain sahih. Ibn Hajar graded it hasan in Talkhis (6/3), but he did not attribute the hadith to Ahmad, so perhaps he had not come across it. Then he combined Ibn Hibban and Bayhaqi under the same chain mentioned, even though Bayhaqi narrated it through another route, through Sufyan, from Ibn Abu Yaala, from Nafi, from Ibn Umar, and he mentioned it. Ibn Abu Yaala has poor memory, but he was corroborated in Ahmad's chain.On this topic there is also what was narrated from a shaykh of Banu Tamim, who said, "Ali bin Abu Talib addressed us" (or he said, "Ali said"), "A harsh time will come upon the people, when the wealthy person clings tightly to what is in his hands, though he was not commanded to do so. Allah the Exalted has said, "And do not forget generosity between yourselves" [Baqarah 2:277]. Those in desperate need will be forced to trade, yet the Prophet ﷺ forbade the sale under compulsion, the sale involving gharar, and the sale of fruit before it ripens." Abu Dawud narrated it (3382) from Muhammad bin Isa, "Hushaym narrated to us, Salih bin Umar informed us, a shaykh from Banu Tamim narrated to us," and he mentioned it. Imam Ahmad also narrated it (937) from Hushaym, who said, "Abu Amir Muzani informed us, a shaykh from Banu Tamim narrated to us," and he mentioned it. In the chain there is a man who is not named. The word "adud" (harsh, biting) refers to a bite like that of a dog, carrying a sense of harshness and injustice.On this topic there is also what came from Ibn Abbas, who said, "The Messenger of Allah forbade the sale involving gharar." Ibn Majah narrated it (2195) through the route of Aswad bin Amir, and from him Imam Ahmad (2752), from Ayub bin Utba, from Yahya bin Abu Kathir, from Ata, from Abdullah bin Abbas, and he mentioned it. Ayub bin Utba is Yamami, Abu Yahya the judge, and he is among the narrators found only in Ibn Majah, and he is daif according to the majority of scholars. Tabarani narrated it in Kabir (11655) through another route, but it contains Nadr Abu Umar, who is matruk, as Haythami said in Majma (4/80). Ahmad mentioned that Ayub said, "Yahya explained the sale involving gharar, and said, 'Among instances of gharar is the diver's catch, the sale of a runaway slave, the sale of a fleeing camel, the sale of what is in the wombs of livestock, the sale of the soil of mines, and the sale of what is in the udders of livestock unless it is measured.'"On this topic there is also what Malik narrated in Buyu (75), from Abu Hazim bin Dinar, from Saeed bin Musayab, that the Messenger of Allah forbade the sale involving gharar. This is mursal by agreement of the narrators of Muwatta. Abdul-Aziz bin Abu Hazim narrated it from his father, from Sahl bin Saad. Tabarani reported it in Kabir (6/212), and Ibn Abdul-Barr in Tamhid (21/135), who said, "This is an error. Abu Hazim did not narrate this hadith from Sahl, rather he narrated it from Saeed bin Musayab, as Malik said. Ibn Abu Hazim is not among those relied upon in a hadith when he contradicts others, for according to them he has lenient hadith and is not a hafiz. The hadith is preserved through the hadith of Abu Hurairah, and it is known that Saeed bin Musayab is among the major narrators from Abu Hurairah." End of quote.Bayhaqi preferred that it is mursal, and said, "We have narrated it as connected, through the hadith of Araj, from Abu Hurairah, and through the hadith of Nafi, from Ibn Umar." Sunan al-Kubra (5/338). However, some scholars hold that Abdul-Aziz bin Abu Hazim was relied upon by the two Shaykhs, so his addition is accepted. But the correct view is what Ibn Abdul-Barr said, for the contradiction of Ibn Abu Hazim against someone like Malik is not accepted.Gharar is anything whose outward appearance deceives the buyer, while its true nature is unknown and he has no knowledge of it. Malik, may Allah have mercy on him, mentioned several examples of gharar and risk-taking. Among them is a case where a man's riding animal has strayed, or his slave has run away, and the price of such a thing is fifty dinars, then another man says, "I will take it from you for twenty dinars." If the buyer finds it, the seller loses thirty dinars, but if he does not find it, the seller gains twenty dinars from the buyer. Malik said, "There is another flaw in this, for if that strayed animal is found, it is not known whether it has gained or lost value, or whether some defect has occurred in it, and this is the greatest form of risk-taking." End of quote.