16 - Chapter: The Sale by a Migrant (Muhajir) to a Bedouin (A'rabi)

4491 - Abdullah ibn Muhammad ibn Tamim informed us, saying: Hajjaj narrated to us, saying: Shu'bah narrated to me, from Adi ibn Thabit, from Abu Hazim, from Abu Hurayrah, who said: The Messenger of Allah, peace and blessings be upon him, forbade meeting the caravan (to intercept traders before reaching the market), and that a migrant (Muhajir) should sell on behalf of a Bedouin (A'rabi), and forbade the practice of leaving a camel or sheep unmilked for a period (to deceive the buyer into thinking it yields much milk), and forbade Najsh (i.e., bidding up the price without intending to buy), and that a man should bid against the bidding of his brother, and that a woman should ask for the divorce of her sister (i.e., a co-wife).

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This is a good and authentic hadith (hasan sahih), and this hadith has been narrated through other chains as well. The scholars act upon this.

It was also recorded by Abu Dawud (3510), Ibn Majah (2243), Ibn Hibban (4927) via the chain of Muslim ibn Khalid al-Zanji, and by al-Tirmidhi (1286) via the chain of Umar ibn Ali al-Muqaddami, and by al-Khatib in "Tarikh Baghdad" 8/297-298 via the chain of Khalid ibn Mihran al-Balkhi — all three of them from Hisham ibn Urwah, from Urwah, with the same report. The chain of al-Khatib is good (hasan).

Al-Sindi said: His statement: "The yield (al-kharaj) is in return for liability (al-daman)" — al-kharaj, with a fatha on the kha', refers to what is produced and obtained from the revenue of the purchased item, whether it be a slave or something else. That is, a person buys it and derives its benefit for a period of time, then discovers a defect in it that existed with the seller at the time of sale. He may then return the sold item and take back the price, and the buyer keeps what he derived from it, because if the sold item had perished in his possession, it would have been under his liability, and he would have no claim against the seller. The ba' in his statement "bi al-daman" is attached to an omitted element, the estimation being: "The yield is entitled by virtue of the liability," i.e., because of it, meaning that liability for the principal is the cause of ownership of its yield. It is also said: The ba' is for exchange, and the genitive construct is omitted, the estimation being: "The continuation of the yield is in exchange for the liability," i.e., the benefits of the sold item after taking possession remain for the buyer in exchange for the liability incumbent upon him if the sold item perishes. Of this kind is the principle: "Profit goes with liability" (al-ghunm bi al-ghurm). There are discussions on this point which we have mentioned in our commentary on Abu Dawud.

(1) Its chain is authentic. Hajjaj is Ibn Muhammad al-Missisi, and Abu Hazim is Salamah ibn Dinar.
It is in "Al-Sunan al-Kubra" under number (6038).
It was also recorded by al-Bukhari (2727), Muslim (1515): (10) and (12), and Ibn Hibban (4961) via multiple chains from Shu'bah, with this chain, some adding more than others.