to return to the seller and buy from him. Ahmad said, in a narration by al-Athram: "Selling it to someone else is more beloved to me." I said to him: "What if he does not inform him that he intends to sell it to him?" He replied: "He should sell it to someone else, as that is more wholesome for his soul and more likely to ensure he receives the gold from him in full. For if he returns it to him, he might not pay him the gold in full, nor weigh it accurately, nor be thorough, saying: 'It is coming back to him anyway.'" It was said to Abu 'Abd Allah: "What if he went to purchase dirhams with the gold he took from him from someone else, but could not find them, so he returned to him?" He said: "If he is indifferent whether he buys from him or from someone else, then yes [it is permissible]." It is evident that this is by way of recommendation, not obligation. Perhaps Ahmad only intended to avoid collusion regarding this, which is why he said: "If he is indifferent whether he buys from him or someone else, then yes." Malik said: "If he does that once, it is permissible; if he does it more than once, it is not permissible, because it resembles usury (riba)." Our argument is what Abu Sa'id narrated, saying: Bilal came to the Prophet (peace and blessings of Allah be upon him) with Barni dates. The Prophet (peace and blessings of Allah be upon him) said to him: "Where did this come from?" Bilal said: "We had poor-quality dates, so I sold two sa's for one sa' so that the Prophet (peace and blessings of Allah be upon him) could eat." The Prophet (peace and blessings of Allah be upon him) said to him: "Oh, the essence of usury! Do not do it. Rather, if you want to buy, sell the dates in a separate sale, then buy with it." Abu Sa'id and Abu Hurayra also narrated: The Messenger of Allah (peace and blessings of Allah be upon him) appointed a man over Khaybar, and he brought him choice (janib) dates. He said: "Are all the dates of Khaybar like this?" He said: "No, by Allah. We take one sa' of this for two sa's, and two sa's for three." The Messenger of Allah (peace and blessings of Allah be upon him) said: "Do not do that. Sell the dates for dirhams, then buy choice dates with the dirhams." Both are agreed upon. He did not order him to sell it
(13) In [M]: "he said". (14) In [M]: "the gold which". (15) In the original and [M]: "he took it". (16) In [M]: "and from". (17) In the original there is an addition: "this". (18) The first: its authentication has already been mentioned on page 53. The second: it was recorded by al-Bukhari in the "Chapter: If one intends to sell dates for better dates" from the Book of Sales, and the "Chapter: Agency in Currency Exchange and Weighing" from the Book of Agency. Sahih al-Bukhari 3/102, 129. And by Muslim in the "Chapter: Selling food for the like..." from the Book of Sharecropping (Musaqat). Sahih Muslim 3/1215. It was also recorded by al-Nasa'i in the "Chapter: Selling dates for dates with surplus" from the Book of Sales. al-Mujtaba 7/238. And by Imam Malik in the "Chapter: What is disliked regarding the sale of dates" from the Book of Sales. al-Muwatta 2/623.
