Azami 5769

Narrated by Nasai (4622) and Ahmad (2145), both from the hadith of Muhammad bin Jafar, who said, Shubah narrated to us, from Ayub, from Saeed bin Jubayr, from Ibn Abbas, who related it. Its chain of transmission is sahih. Nasai (4623) and Ahmad (2645) also narrated it, both through two other routes from Ayub with his chain, that the Prophet forbade selling the unborn offspring of an unborn animal (habal al-habala).His statement, "the advance sale" refers to when the buyer hands over the price to a man who has a pregnant she-camel, saying, "When this she-camel gives birth, and then what is in its womb gives birth, I have bought its offspring from you for this price." This transaction resembles riba, in that it is forbidden just as riba is forbidden, since the seller is selling something he does not possess and is unable to deliver, so it involves uncertainty (gharar). This was explained by Sindi.In some of its transmission routes, it has been narrated with the addition of "madamin and malaqih." This was narrated by Bazzar in Kashf Astar (1268), and by Tabarani in Al-Kabir, both through the route of Ibrahim bin Ismail, from Dawud bin Husayn, from Ikrima, from Ibn Abbas, that the Prophet forbade malaqih, madamin, and habal al-habala.Bazzar said, "We do not know of it being narrated from Ibn Abbas except through this chain." Haythami said in Al-Majma (4/104), "Tabarani narrated it in Al-Kabir, and Bazzar also narrated it, and it contains Ibrahim bin Ismail bin Abu Habiba, whom Ahmad deemed reliable, but the majority of the scholars deemed him daif." And it is as he said, for Ibn Main, Bukhari, Abu Hatim, Daraqutni, and others deemed him daif. He is among the men found in Tahdhib, and in Taqrib it says, "Daif."Malik narrated in Al-Buyu (63), from Ibn Shihab, from Saeed bin Musayab, that he said, "There is no riba in livestock. Rather, what is forbidden regarding livestock is three things, madamin, malaqih, and habal al-habala. Madamin is the sale of what is in the wombs of female camels, and malaqih is what is in the backs of male camels." End of quote.Bazzar narrated it in Kashf Astar (1267) from the hadith of Salih bin Abu Akhdar, from Zuhri, from Saeed bin Musayab, from Abu Hurairah, that the Prophet forbade the sale of malaqih and madamin. Bazzar said, "We do not know of anyone narrating it in this manner except Salih, and he was not known for precise memorization." Haythami criticized it on this basis in Al-Majma.Salih bin Abu Akhdar is the Yamami, whom the majority of scholars deemed daif. He is among the men found in Tahdhib. So the correct view is that this is the statement of Saeed bin Musayab himself, and it is not correctly attributed to the Prophet as a raised report. Daraqutni said in Al-Ilal (9/183), "The correct view is that it is not a raised report, but rather the statement of Saeed, without a connected chain. Zubaydi and Uzai likewise reported it from Zuhri in this manner." End of quote.Regarding his statement, "madamin and malaqih," Bayhaqi said (5/341), "In the narration of Muzani, from Shafii, he said, 'Madamin is what is in the backs of male camels, and malaqih is what is in the wombs of female camels.'" Bayhaqi said, "Abu Ubayd explained it likewise."