this item for less than this price, or I will sell you something better than it for its price, or less, or he presents him with an item the buyer desires, and he rescinds the sale and buys this one, this is not permissible due to the Prophet's (peace and blessings of Allah be upon him) prohibition of it, and because of the harm it causes the Muslim and the spoiling of the deal for him. Likewise, if he buys over the purchase of his brother, which is that he comes to the seller before the contract is finalized and offers more than the price at which it was being bought, it is also forbidden, because it is in the meaning of what is prohibited. Also, the purchase is called a sale, so it enters into the prohibition, and because the Prophet (peace and blessings of Allah be upon him) forbade proposing over the proposal of one's brother (3), and it is in the meaning of the proposer. If he contravenes and contracts, the sale is void, because it is forbidden, and prohibition implies corruption. It is also possible that it is valid, because the forbidden act is presenting his goods to the buyer or his statement because of which he rescinded the sale, and that precedes the sale; and because if the rescission that caused the harm is valid, the sale that achieved the benefit is more appropriate; and because the prohibition is for the right of a human being, so it resembles the Najsh sale. This is the school of al-Shafi'i.
Section: Muslim (4) narrated from Abu Hurayrah that the Messenger of Allah (peace and blessings of Allah be upon him) said: "Let no man outbid the bid of his brother."
(3) Recorded by al-Bukhari, in: Chapter on 'Let not some of you outbid others. . .', from the Book of Sales; and in: Chapter on what is not permissible of conditions in marriage, from the Book of Conditions; and in: Chapter on 'Let not one propose over the proposal of his brother. . .', from the Book of Marriage. Sahih al-Bukhari 3/91, 250, 7/24. And Muslim, in: Chapter on the prohibition of combining a woman and her paternal aunt. . ., and Chapter on the prohibition of proposing over the proposal of one's brother. . ., from the Book of Marriage; and in: Chapter on the prohibition of a man selling over the sale of his brother. . ., from the Book of Sales. Sahih Muslim 2/1028, 1032-1034, 3/1154. And Abu Dawud, in: Chapter on the dislike of a man proposing over the proposal of his brother, from the Book of Marriage. Sunan Abi Dawud 1/480. And al-Tirmidhi, in: Chapter on what has come regarding a man not proposing over the proposal of his brother, from the Chapters of Marriage. 'Aridat al-Ahwadhi 1/480. And al-Nasa'i, in: Chapter on a man bidding over the bid of his brother, from the Book of Sales. Al-Mujtaba 7/226. And Ibn Majah, in: Chapter on a man not proposing over the proposal of his brother, from the Book of Marriage. Sunan Ibn Majah 1/600. And al-Darimi, in: Chapter on the prohibition of a man proposing over the proposal of his brother, from the Book of Marriage. Sunan al-Darimi 2/135. And Imam Malik, in: Chapter on what has come regarding proposals, from the Book of Marriage. Al-Muwatta 2/523. And Imam Ahmad, in: Al-Musnad 20/122, 124, 130, 142, 153, 238, 274, 311, 318, 394, 411, 427, 457, 462, 463, 487, 489, 4/147, 5/11. (4) In: Chapter on the prohibition of combining a woman and her paternal aunt. . ., and Chapter on the prohibition of proposing over the proposal of one's brother. . ., from the Book of Marriage, and in: Chapter on the prohibition of a man selling over the sale of his brother. . ., from the Book of Sales. Sahih Muslim 2/1029, 1033, 1034, 3/1154, 1155. =
