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Chapter 355
ﻻإ ﻪﺘﺒﻄﺧ ﻰﻠﻋ ﺔﺒﻄﺨﻟاو ﻪﻴﺧأ ﻊﻴﺑ ﻰﻠﻋ ﻊﻴﺒﻟاو نﺎﺒآﺮﻟا ﻲﻘﻠﺗو يدﺎﺒﻠﻟ ﺮﺿﺎﺤﻟا ﻊﻴﺑ ﻢﻳﺮﺤﺗ بﺎﺑ
ﱠدﺮﻳ وأ نذﺄﻳ نأ
Prohibition of Malpractices in Commerce
1775
َلﺎَﻗ ُﻪْﻨَﻋ ﻪﱠﻠﻟا َﻲِﺿَر ٍﺲَﻧَأ ْﻦَﻋ
:
َنﺎَآ ْنِإَو ٍدﺎَﺒِﻟ ٌﺮِﺿﺎَﺣ َﻊﻴِﺒَﻳ ْنَأ ﻢﱠﻠَﺳو ِﻪْﻴَﻠَﻋ ُﷲا ﻰّﻠَﺻ ِﻪﱠﻠﻟا ُلﻮُﺳَر ﻰَﻬَﻧ
ِﻪﱢﻣُأَو ﻪﻴِﺑَﻷ ُﻩﺎَﺧَأ
.
ﻪﻴﻠﻋ ﻖﻔﺘﻣ
.
1775.
Anas bin Malik (May Allah be pleased with him) said:
The Messenger of Allah (PBUH) forbade that a person
in the city should make a deal on behalf of a villager on commission even if he is his real brother
.''
[Al-Bukhari and Muslim]
Commentary:
"
Al-Hadir
'' means one who lives in the city, while "
Al-Badi
'' means a villager or a desert dweller.
"He should not make a deal'' here signifies that the urbanite should not go to the villager and propose to him leave
his goods with him for sale and he would send him the sale proceeds of the goods piecemeal as they sell. In the
opinion of some `Ulama' this is prohibited if the merchandise is valuable and the villager is not aware of its real
worth and the urbanite wants to exploit his ignorance. But, on the contrary, if the proposal is for the welfare of the
villager and the urbanite merely wants the owner to receive its due price then the offer is admissible. The first
proposition is prohibited because that will cause a loss to the villager; the second is permissible as it is a well-
meaning offer.
"
A person in the city should not make a deal on behalf of a villager
'' has been interpreted by `Abdullah bin `Abbas
(May Allah be pleased with them) to mean that he should not work as a broker for a villager because in that case he
will be interested to sell it on a higher price in order to have a better commission in the deal, which will
unnecessarily raise its cost.
On one side, the purchase of goods coming from outside has been prohibited before its arrival on the market so that
nobody can exploit the ignorance of the outsiders, and on the other side, villagers are enjoined to sell their goods
themselves so that the commission of the broker does not increase the price of the goods. If an urbanite sells the
merchandise of any villager on a fair price without charging any commission then this is permissible, as is
confirmed by Ahadith. If the people living in cities charge each other commission on the purchase or sale of their
goods this is permissible.
1776
لﺎﻗ َﺮَﻤﻋ ِﻦْﺑا ِﻦَﻋَو
:
ﻢﱠﻠَﺳو ِﻪْﻴَﻠَﻋ ُﷲا ﻰّﻠَﺻ ﻪﱠﻠﻟا لﻮﺳَر َلﺎﻗ
:
»
ﻰﻟإ ﺎَﻬِﺑ َﻂَﺒْﻬُﻳ ﻰﱠﺘَﺣ ﻊَﻠﺴﻟا اُﻮﱡﻘَﻠَﺘَﺗ ﻻ
ِقاﻮْﺳَﻷا
«
ﻪﻴﻠﻋ ٌﻖﻔﺘﻣ
.
1776.
Ibn `Umar (May Allah be pleased with them) said: The Messenger of Allah (PBUH) said, "
Do not meet the
merchandise till they arrive in the market
.''
[Al-Bukhari and Muslim].
Commentary:
"
Do not meet the merchandise
'' signifies "
Do not meet trade caravans in transit
.'' The purpose being
that those who bring food grains from villages, should not suffer any loss because of their ignorance of the market
conditions. But if someone does it with a good intention then this is permissible.
1777
َلﺎَﻗ ﺎﻤُﻬْﻨَﻋ ﻪﱠﻠﻟا ﻲِﺿَر ٍسﺎﱠﺒَﻋ ِﻦْﺑا ِﻦَﻋَو
:
»
ﻢﱠﻠَﺳو ِﻪْﻴَﻠَﻋ ُﷲا ﻰّﻠَﺻ ِﻪﱠﻠﻟا ُلﻮُﺳَر َلﺎَﻗ
: »
َنﺎَﺒْآﱡﺮﻟا اُﻮﱠﻘَﻠَﺘَﺗ ﻻ
ٍدﺎَﺒِﻟ ﺮِﺿﺎَﺣ ْﻊِﺒﻳ ﻻَو ،
«
،
ُسووﺎَﻃ ُﻪَﻟ َلﺎَﻘَﻓ
: ﺎﻣ »
؟ ٍدﺎﺒِﻟ ٌﺮِﺿﺎَﺣ ْﻊِﺒَﻳ ﻻ
« لﺎﻗ :
ًارﺎَﺴْﻤَﺳ ُﻪَﻟ ُنﻮُﻜﻳ ﻻ
.
ٌﻖﻔﺘﻣ
ﻪﻴﻠﻋ .
1777.
Ibn `Abbas (May Allah be pleased with them) said: The Messenger of Allah (PBUH) said, "
The caravans
carrying merchandise should not be met on the way to purchase from them; a man in the city should not sell for a
man of the desert.
''
Tawus asked him (Ibn `Abbas): "
What do these words really imply?
'' He said
: "He should not work as an agent on
his behalf.
''
[Al-Bukhari and Muslim].
Commentary:
This Hadith makes it clear that no one should work as a broker to exploit the ignorance of villagers
who bring their merchandise in the market. But if one does it with a good intention then this is permissible.
777
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