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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 6 · صفحة 189

الترجمة · EN

the sale of everything before taking possession of it. Ibn Abd al-Barr said: This is a rejected opinion, contradicted by the Sunnah and the established proof regarding food. I suspect this Hadith did not reach him, and such a view is not to be heeded. As for items other than that, it is permissible to sell them before taking possession, according to the more evident of the two narrations. A similar view is reported from Uthman ibn Affan (may Allah be pleased with him), Sa'id ibn al-Musayyab, al-Hakam, Hammad, al-Awza'i, and Ishaq. From Ahmad, there is another narration that it is not permissible to sell anything before taking possession of it (6), which was favored by Ibn Aqil. This was also narrated from Ibn Abbas. This is the opinion of Abu Hanifa and al-Shafi'i, except that Abu Hanifa permitted (7) the sale of real estate before taking possession of it. They argued [based on the Prophet's prohibition (may Allah bless him and grant him peace) against selling food before taking possession of it] (8), and by what Abu Dawud narrated (9) that the Prophet (may Allah bless him and grant him peace) forbade selling goods where they are bought until the merchants transport them to their own quarters. Ibn Majah narrated (10) that the Prophet (may Allah bless him and grant him peace) forbade the purchase of charity items until they are taken into possession. It is also narrated that when the Prophet (may Allah bless him and grant him peace) sent Attab ibn Asid to Makkah, he said: "Forbid them from selling what they have not taken possession of (11), and from profiting from what they have not assumed the risk for (12)." Furthermore, because ownership is not complete over it, its sale is not permissible, similar to non-specific items, or like measured and weighed goods.

الحواشي

(4) The 'waw' was omitted from the original. (5) Omitted from the original. (6) In the original: "possession". (7) In the original: "chose". (8) Omitted from the original. The Hadith's authentication was provided on page 182. (9) In: Chapter on selling food before receiving it in full, from the Book of Sales. Sunan Abi Dawud 2/253. It was also recorded by Imam Ahmad in: al-Musnad 5/191; and al-Bayhaqi in: Chapter on taking possession of what one bought in bulk... from the Book of Sales. Al-Sunan al-Kubra 5/314. (10) In: Chapter on the prohibition against purchasing what is in the bellies of livestock... from the Book of Trade. Sunan Ibn Majah 2/740. It was also recorded by Imam Ahmad in: al-Musnad 3/42. (11) In MS M: "they take possession of it". (12) In MS M: "they assume the risk for it". The Hadith was recorded by al-Bayhaqi in: Chapter on the prohibition against selling what has not been taken into possession even if it is food, from the Book of Sales. Al-Sunan al-Kubra 5/313.

السابقمجلد 6 · صفحة 189التالي
السابق6·189التالي