Azami 5856

Reported by Abu Dawud (3504), Tirmidhi (1234), Nasai (4611), and Ibn Majah (2188), and graded sahih by Hakim (2/17), all of them from the hadith of Amr bin Shuayb, from his father, from his grandfather, as mentioned. Some of them related it in abbreviated form. Its chain is hasan on account of Amr bin Shuayb, for he is hasan al-hadith. Tirmidhi said, "Hasan sahih." And Hakim said, "A sahih hadith according to the standard of a number of the leading scholars of the Muslims."It has also been related from Abdullah bin Amr bin As, Yaala bin Umaya, Ibn Abbas, and others, that the Prophet ﷺ appointed Itaab bin Usayd over Makkah and said to him, "Forbid them from selling what they have not taken possession of, or profiting from what they have not guaranteed, and from combining a loan with a sale, and from two conditions in one sale, and from a sale combined with a loan." But there is discussion regarding all of it. Their hadiths were narrated by Ibn Abu Shayba, Ibn Majah, Bayhaqi, Ibn Adi, Tabarani, and others.As for what has been related from him that the Prophet ﷺ "forbade a sale with a condition," this is not sahih. It was reported by Tabarani in his Musnad al-Awsat (4361, edited by Tariq bin Awadullah) from Abdullah bin Ayub Qarawi, who said, Muhammad bin Sulayman Dhuhli told us, Abdul-Warith bin Saeed told us, saying, I came to Makkah and found there Abu Hanifa, Ibn Abu Layla, and Ibn Shubruma. I asked Abu Hanifa, saying, What do you say about a man who makes a sale and attaches a condition to it? He said, "The sale is void, and the condition is void." Then I went to Ibn Abu Layla and asked him, and he said, "The sale is valid, and the condition is void." Then I went to Ibn Shubruma and asked him, and he said, "The sale is valid, and the condition is valid." I said, Glory be to Allah! Three jurists of Iraq differ over a single question. So I went to Abu Hanifa and told him, and he said, "I do not know what they said. Amr bin Shuayb told me, from his father, from his grandfather, from the Prophet ﷺ, that he forbade a sale with a condition, the sale is void and the condition is void." Then I went to Ibn Abu Layla and told him, and he said, "I do not know what they said. Hisham bin Urwa told me, from his father, from Ayesha, who said, the Prophet ﷺ ordered me to buy Bareera and free her, the sale is valid and the condition is void." Then I went to Ibn Shubruma and told him, and he said, "I do not know what they said. Misar bin Kidam told me, from Muharib bin Dithar, from Jabir, who said, I sold the Prophet ﷺ a camel, and he stipulated for me that it carry me to Madinah, the sale is valid and the condition is valid."This was also related by Hakim Abu Abdullah in his book Ulum al-Hadith, in the chapter on conflicting hadiths, from Abu Bakr bin Ishaq, who said, Abdullah bin Ayub bin Zazan Darir told us, Muhammad bin Sulayman Dhuhli told us, with his chain. In the chain is Abdullah bin Ayub bin Zazan Darir, known as Qarawi or as Qarni Kharraz. Daraqutni was asked about him and said, "Matruk (abandoned)." (Suala Hakim li-Daraqutni, 125).As for his statement, "he forbade a sale with a condition," it has not come from any sahih route from Amr bin Shuayb, from his father, from his grandfather. What is sahih from him is "he forbade two conditions in one sale," as mentioned earlier. So there is something objectionable in its wording, because it is established as sahih from Jabir and others that a sale with a condition is permissible, as will be seen in the chapter that follows.The hadiths of this chapter carry many indications regarding matters of sales. Among them, that profit corresponds to liability, so the Lawgiver commanded that the goods first be taken into possession, so that they be under one's liability, before being sold. Among them also, that it covers the sale of something one does not have the ability to deliver, such as a runaway slave or a stray camel. Among them also, that a sale before taking possession leads to dispute and conflict, because possession may be delayed and the sold item may perish. Among them also, that it leads to gambling and games of chance, because the seller may benefit from the capital while the buyer has not yet received the goods, since the seller has not taken possession of them in order to hand them over to the buyer.Excepted from this is salam, a sale of something described and owed as a debt, whether deferred or immediate. This is because people need capital to produce the described goods, so the Lawgiver permitted the sale of salam, so that the interests of both seller and buyer would not be obstructed. Most trade today is built on this very foundation, namely salam.Khattabi pointed to this when he said, "His statement, 'Do not sell what you do not have,' refers to the sale of a specific item, not the sale of something merely described. Do you not see that he permitted salam for a deferred term, which is the sale of something the seller does not currently possess? He only forbade the sale of what the seller does not have because of gharar. That is like selling one's runaway slave or stray camel. This includes everything that is not under one's liability, such as buying goods and then selling them before taking possession of them. It also includes a man selling someone else's property contingent on the owner's approval, because he is selling what he does not have and what is not in his ownership, and this is gharar, since he does not know whether its owner will approve it or not." End of quote.