Sales in which a
Price is paid for Goods to be Delivered
Narrated Ibn Abbas:
Allah's Apostle came to Medina and the people used to
pay in advance the price of fruits to be delivered within
one or two years. (The sub-narrator is in doubt whether it
was one to two years or two to three years.) The Prophet
said, "Whoever pays money in advance for dates (to be
delivered later) should pay it for known specified weight
and measure (of the dates)."
The Prophet came to Medina and the people used to pay
in advance the price of dates to be delivered within two
or three years. He said (to them), "Whoever pays in
advance the price of a thing to be delivered later should
pay it for a specified measure at specified weight for a
The Prophet came (to Medina) and he told the people
(regarding the payment of money in advance that they
should pay it) for a known specified measure and a known
specified weight and a known specified period.
Muhammad or 'Abdullah bin Abu Al-Mujalid said,
"Abdullah bin Shaddad and Abu Burda differed regarding As-Salam,
so they sent me to Ibn Abi Aufa and I asked him about it.
He replied, 'In the life-time of Allah's Apostle, Abu Bakr
and 'Umar, we used to pay in advance the prices of wheat,
barley, dried grapes and dates to be delivered later. I
also asked Ibn Abza and he, too, replied as above.' "
Abdullah bin Shaddad and Abu Burda sent me to 'Abdullah
bin Abi Aufa and told me to ask 'Abdullah whether the
people in the life-time of the Prophet used to pay in
advance for wheat (to be delivered later). Abdullah
replied, "We used to pay in advance to the peasants of
Sham for wheat, barley and olive oil of a known specified
measure to be delivered in a specified period." I asked
(him), "Was the price paid (in advance) to those who had
the things to be delivered later?" Abdullah bin Aufa
replied, "We did not use to ask them about that." Then
they sent me to 'Abdur Rahman bin Abza and I asked him. He
replied, "The companions of the Prophet used to practice
Salam in the life-time of the Prophet; and we did not use
to ask them whether they had standing crops or not."
I asked Ibn 'Abbas about Salam for (the fruits of)
date-palms. He replied "The Prophet forbade the sale a
dates on the trees till they became fit for eating and
could be weighed." A man asked what to be weighed (as the
dates were still on the trees). Another man sitting beside
Ibn 'Abbas replied, "Till they are cut and stored."
Narrated Abu Al-Bakhtari: I heard Ibn Abbas (saying) that
the Prophet forbade ... etc. as above.
I asked Ibn Umar about Salam (the fruits of)
date-palms. He replied, "The Prophet forbade the sale of
dates till their benefit becomes evident and fit for
eating and also the sale of silver (for gold) on credit."
I asked Ibn 'Abbas about Salam for dates and he replied,
"The Prophet forbade the sale of dates till they were fit
for eating and could be estimated."
I asked Ibn 'Umar about Salam for dates. Ibn 'Umar
replied, "The Prophet forbade the sale (the fruits) of
datepalms until they were fit for eating and also forbade
the sale of silver for gold on credit." I also asked Ibn 'Abbas
about it. Ibn 'Abbas replied, "The Prophet forbade the
sale of dates till they were fit for eating, and could be
weighed." I asked him, "What is to be weighed (as the
dates are on the trees)?" A man sitting by Ibn 'Abbas
said, "It means till they are cut and stored."
We argued at Ibrahim's dwelling place about mortgaging
in Salam. He said, "Aisha said, 'The Prophet bought some
foodstuff from a Jew on credit and the payment was to be
made by a definite period, and he mortgaged his iron armor
The Prophet came to Medina and the people used to pay
in advance the prices of fruits to be delivered within two
to three years. The Prophet said (to them), "Buy fruits by
paying their prices in advance on condition that the
fruits are to be delivered to you according to a fixed
specified measure within a fixed specified period." Ibn
Najih said, " ... by specified measure and specified
Abu Burda and 'Abdullah bin Shaddad sent me to 'Abdur
Rahman bin Abza and 'Abdullah bin Abi Aufa to ask them
about the Salaf (Salam). They said, "We used to get war
booty while we were with Allah's Apostle and when the
peasants of Sham came to us we used to pay them in advance
for wheat, barley, and oil to be delivered within a fixed
period." I asked them, "Did the peasants own standing
crops or not?" They replied, "We never asked them about
The people used to sell camels on the basis of
Habal-al-Habala. The Prophet forbade such sale. Nafi'
explained Habalal-Habala by saying. "The camel is to be
delivered to the buyer after the she-camel gives birth."
Allah's Apostle gave a verdict regarding Shuf'a in
every undivided joint thing (property). But if the limits
are defined (or demarcated) or the ways and streets are
fixed, then there is no pre-emption.
While I was standing with Sad bin Abi Waqqas, Al-Miswar
bin Makhrama came and put his hand on my shoulder.
Meanwhile Abu Rafi', the freed slave of the Prophet came
and asked Sad to buy from him the (two) dwellings which
were in his house. Sad said, "By Allah I will not buy
them." Al-Miswar said, "By Allah, you shall buy them." Sad
replied, "By Allah, I will not pay more than four thousand
(Dirhams) by installments." Abu Rafi' said, "I have been
offered five hundred Dinars (for it) and had I not heard
the Prophet saying, 'The neighbor has more right than
anyone else because of his nearness, I would not give them
to you for four-thousand (Dirhams) while I am offered
five-hundred Dinars (one Dinar equals ten Dirhams) for
them." So, he sold it to Sad.