Disapproved Practices in the Sale of Dates

20 Yahya related to me from Malik from Zayd ibn Aslam that 'Ata' ibn Yasar said, " The Messenger of Allah, may Allah bless him and grant him peace, said, 'Dried dates for dried dates should be exchanged like for like.' It was said to him, 'Your agent in Khaybar takes one sa' for two.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Call him to me.' So he was called for. The Messenger of Allah, may Allah bless him and grant him peace, asked, 'Do you take one sa' for two? ' He replied, 'Messenger of Allah! Why should they sell me good dates for assorted low quality dates, sa' for sa'! ' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Sell the assorted ones for dirhams, and then buy the good ones with those dirhams.'

[mursal]

21 Yahya related to me from Malik from 'Abd al-Hamid ibn Suhayl ibn 'Abd ar-Rahman ibn 'Awf from Sa'id ibn al-Musayyab from Abu Sa'id al-Khudri and from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, appointed a man as an agent in Khaybar, and he brought him some excellent dates. The Messenger of Allah, may Allah bless him and grant him peace, said to him, " Are all the dates of Khaybar like this? " He said, " No, by Allah, Messenger of Allah! We take a sa' of this kind for two sa' or two sa' for three." The Messenger of Allah, may Allah bless him and grant him peace, said, " Do not do that. Sell the assorted ones for dirhams and then buy the good ones with the dirhams."

[cf Bukhari 2089]

22 Yahya related to me from Malik from 'Abdullah ibn Yazid that Zayd ibn 'Ayyash told him that he had once asked Sa'd ibn Abi Waqqas about selling white wheat for a type of good barley. Sa'd asked him which was the better and when he told him the white wheat, he forbade the transaction. Sa'd said, " I heard the Messenger of Allah, may Allah bless him and grant him peace, being asked about selling dried dates for fresh dates, and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Do the dates diminish in size when they become dry? ' When he was told that they did, he forbade that."

[In Abu Dawud, an-Nasa'i, at-Tirmidhi and Ibn Majah]

31.13 Muzabana and Muhaqala

23 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana. Muzabana was selling fresh dates for dried dates by measure, and selling grapes for raisins by measure.

[cf Bukhari 2073]

24 Yahya related to me from Malik from Da'ud ibn al-Husayn from Abu Sufyan, the mawla of Ibn Abi Ahmad, from Abu Sa'id al-Khudri that the Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana and muhaqala. Muzabana was selling fresh dates for dried dates while they were still on the trees. Muhaqala was renting land in exchange for wheat.

[cf Bukhari 2074]

25 Yahya related to me from Malik from Ibn Shihab from Sa'id ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana and muhaqala. Muzabana was selling fresh dates for dried dates. Muhaqala was buying unharvested wheat in exchange for threshed wheat and renting land in exchange for wheat.

Ibn Shihab added that he had asked Sa'id ibn al-Musayyab about renting land for gold and silver. He said, " There is no harm in it."

Malik said, " The Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana. The explanation of muzabana is that it is buying something whose number, weight and measure is not known with something whose number, weight or measure is known; for instance, if a man has a stack of food whose measure is not known, either of wheat, dates, or whatever food, or the man has goods of wheat, date kernels, herbs, safflower, cotton, flax, silk, and does not know its measure or weight or number and then a buyer approaches him and proposes that he weigh or measure or count the goods, but before he does, he specifies a certain weight, or measure, or number and guarantees to pay the price for that amount, agreeing that whatever falls short of that amount is a loss against him and whatever is in excess of that amount is a gain for him. That is not a sale. It is taking risks and it is an uncertain transaction. It falls into the category of gambling because he is not buying something from him for something definite which he pays. Everything which resembles this is also forbidden."

Malik said that another example of that was, for instance, a man proposing to another man, " You have cloth. I will guarantee you from this cloth of yours so many hooded cloaks, the measure of each cloak to be such-and-such (naming a measurement). Whatever loss there is, is against me and I will fulfill you the specified amount. Whatever excess there is, is mine." Or perhaps the man proposes, " I will guarantee you from this cloth of yours so many shirts, the measurement of each shirt to be such-and-such, and whatever loss there is, is against me and I will fulfil the specified amount. Whatever excess there is, is mine." Or perhaps a man proposes to a man who has cattle or camel hides, " I will cut up these hides of yours into sandals on a pattern I will show you. I will make up the loss of whatever falls short of a hundred pairs. Whatever is over is mine because I guaranteed you." Another example was that a man says to a man who has ben-nuts, " I will press these nuts of yours. I will make up whatever falls short of such-and-such a weight by the pound. Whatever is more than that is mine."

Malik said that all this and whatever else was like it or resembled it was in the category of muzabana, and was neither good nor permitted. It was also the same case for a man to say to a man who had fodder-leaves, date kernels, cotton, flax, herbs or safflower, " I will buy these leaves from you in exchange for such-and-such a sa', (indicating leaves which were pounded like his leaves)...or these date kernels for such-and-such a sa' of kernels of them, and the like of that in the case of safflower, cotton, flax and herbs."

Malik said, " All this is included in what we have described of muzabana."

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