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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 6 · Page 307

Translation · EN

man outbid the bid of his brother." This situation is not without four categories: One of them is that there is explicit satisfaction with the sale from the seller. In this case, bidding by anyone other than that buyer is forbidden, and this is what the prohibition addresses. The second is that something is shown by him that indicates a lack of satisfaction; thus, bidding is not forbidden, because the Prophet (peace and blessings of Allah be upon him) sold to the highest bidder. Anas narrated that a man from the Ansar complained to the Prophet (peace and blessings of Allah be upon him) of hardship and poverty. He said to him, "Is there anything left for you?" He replied, "Yes, a bowl and a saddle blanket (5)." He said, "Bring them to me." He brought them to him, and he said, "Who will buy these?" A man said, "I will take them for one dirham." The Prophet (peace and blessings of Allah be upon him) said, "Who will offer more than a dirham? Who will offer more than a dirham?" A man gave him two dirhams, and he sold them to him. It was recorded by al-Tirmidhi (6), who said it is a hassan (sound) hadith. This is also the consensus of the Muslims; they sell in their markets by auction. The third is that nothing is found from him that indicates satisfaction [nor] (7) a lack thereof, so bidding (8) is not forbidden, nor is increasing the bid, by inferring from the hadith of Fatimah bint Qays when she mentioned to the Prophet (peace and blessings of Allah be upon him) that Mu'awiyah and Abu Jahm had proposed to her, and he advised her to marry Usamah (9). He had forbidden proposing over the proposal of one's brother, just as he forbade bidding over the bid of one's brother, so what is permitted in one of them is permitted in the other.

Notes

= It was also recorded by al-Tirmidhi, in: Chapter on what has come regarding the prohibition of selling over the sale of one's brother, from the Chapters of Sales. 'Aridat al-Ahwadhi 5/293. And Ibn Majah, in: Chapter on a man not selling over the sale of his brother. . ., from the Book of Trade. Sunan Ibn Majah 2/734. And Imam Ahmad, in: Al-Musnad 2/394, 411, 427, 457, 463, 487, 489, 508, 512, 516, 529. (5) Al-hils: Everything that covers the back of a camel or beast under the pack-saddle, the frame, the saddle, or the pad. (6) In: Chapter on what has come regarding the sale to the highest bidder, from the Chapters of Sales. 'Aridat al-Ahwadhi 5/224. It was also recorded by Abu Dawud, in: Chapter on what is permitted to ask for, from the Book of Zakat. Sunan Abi Dawud 1/381. And al-Nasa'i, in: Chapter on selling to the highest bidder, from the Book of Sales. Al-Mujtaba 7/227. And Ibn Majah, in: Chapter on auction sales, from the Book of Trade. Sunan Ibn Majah 2/740. (7) Omitted from: The original. (8) In A, M: "it is permitted for him." (9) Recorded by Muslim, in: Chapter on the thrice-divorced woman having no lodging, from the Book of Divorce. Sahih Muslim 2/1114-1116. And Abu Dawud, in: Chapter on the maintenance of the irrevocably divorced woman, from the Book of Divorce. Sunan Abi Dawud 1/532. And al-Tirmidhi, in: Chapter =

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