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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 6 · صفحة 315فصل

الترجمة · EN

companions of Malik, because they rationalized it with what we mentioned regarding them, and this does not materialize in selling to them. As for our evidence, it is the statement of the Prophet (peace and blessings of Allah be upon him): "Do not meet the caravans." The seller is included in this. Moreover, the prohibition against it is because of the deception and cheating of them involved, and this is the same in selling as it is in purchasing. The hadith has come in an absolute form, and even if it were specific to purchasing, that which shares its meaning would be attached to it, and this shares its meaning.

Section: If one goes out without the intention of meeting [the caravans], and he encounters a caravan, the Judge [al-Qadi] said: He is not permitted to buy from them, nor to purchase. This is one of the two opinions held by the companions of al-Shafi'i. It is possible that it is not forbidden for him to do so, and this is the opinion of al-Layth ibn Sa'd. The second opinion held by the companions of al-Shafi'i is that because he did not intend to meet them, the prohibition does not encompass him. The reasoning for the first [opinion] is that the prohibition of meeting is only to repel deception and cheating from them, and this is realized whether he intended to meet them or did not intend to; therefore, it is necessary to prohibit it, just as if he had intended it.

Section: If one meets the merchandise at the upper part of the market, there is no harm, for Ibn Umar reported that the Prophet (peace and blessings of Allah be upon him) prohibited meeting merchandise until it is brought down [to the market]. Reported by al-Bukhari. This is because once it is in the market, it has reached the place of buying and selling, so it does not fall under the prohibition, like the one who has reached its center.

Section: Hoarding (al-ihtikar) is prohibited, because of what was reported from al-Athram, from Abu Umamah, who said: The Messenger of Allah (peace and blessings of Allah be upon him) prohibited the hoarding of food.

الحواشي

(6) In manuscript [M]: "al-aswaq". (7) In manuscript [M]: "al-aswaq". (8) In: Chapter on the Prohibition of Meeting the Caravans..., from the Book of Sales. Sahih al-Bukhari 3/95. It was also recorded by Muslim, in: Chapter on the Prohibition of Meeting Merchandise, from the Book of Sales. Sahih Muslim 3/1156. And Abu Dawood, in: Chapter on Meeting [the Caravans], from the Book of Sales. Sunan Abi Dawood 2/241. And al-Darimi, in: Chapter on Not Selling Over the Sale of One's Brother, from the Book of Sales. Sunan al-Darimi 2/255. And Imam Ahmad, in: Al-Musnad 2/7, 22, 63, 91. (9) Recorded by al-Bayhaqi, in: Chapter on What Was Said Regarding Hoarding, from the Book of Sales. Al-Sunan al-Kubra 6/30. And al-Hakim, =

السابقمجلد 6 · صفحة 315التالي
السابق6·315التالي