Nowadays different forms of brokerage are in vogue in our markets out of which some are permissible and some are
prohibited.
1778
َلﺎَﻗ ُﻪْﻨَﻋ ﻪﱠﻠﻟا َﻲِﺿَر َةَﺮْﻳَﺮُه ﻲﺑَأ ْﻦَﻋَو
:
ﻻَو ٍدﺎَﺒِﻟ ٌﺮِﺿﺎَﺣ َﻊﻴِﺒَﻳ ْنَأ ﻢﱠﻠَﺳو ِﻪْﻴَﻠَﻋ ُﷲا ﻰّﻠَﺻ ِﻪﱠﻠﻟا ُلﻮُﺳَر ﻰَﻬَﻧ
ﻳ ﻻو ، ِﻪﻴﺧَأ ﻊْﻴَﺑ ﻰﻠَﻋ ُﻞُﺟﱠﺮﻟا ﻊﺒﻳ ﻻو اﻮُﺸَﺟﺎَﻨَﺗ
ﺎَﻣ ﺄَﻔْﻜَﺘِﻟ ﺎَﻬِﺘْﺧأ َقﻼﻃ ُةأﺮﻤﻟا ِلﺄْﺴﺗ ﻻو ، ِﻪﻴِﺧَأ ِﺔَﺒْﻄِﺧ ﻰﻠَﻋ ْﺐﻄﺨ
ﺎَﻬِﺋﺎَﻧِإ ﻲﻓ
.
َلﺎَﻗ ٍﺔَﻳاَوِر ﻲﻓو
:
ْنأو ، ﱢﻲﺑاﺮْﻋَﻷ ُﺮِﺟﺎَﻬُﻤﻟا َعﺎَﺘْﺒَﻳ نأو ﻲﱢﻘﻠﱠﺘﻟا ِﻦَﻋ ﻢﱠﻠَﺳو ِﻪْﻴَﻠَﻋ ُﷲا ﻰّﻠَﺻ ﻪﱠﻠﻟا ُلﻮُﺳَر ﻰَﻬَﻧ
ُأ َقﻼَﻃ ُةَأْﺮﻤﻟا َطِﺮَﺘْﺸﺗ
ِﺔﻳﺮْﺼﱠﺘﻟاو ِﺶَﺠﱠﻨﻟا ِﻦَﻋ ﻰَﻬَﻧو ، ِﻪﻴﺧأ ِمْﻮﺳ ﻰﻠَﻋ ُﻞُﺟﱠﺮﻟا مﺎَﺘْﺴَﻳ ْنأَو ، ﺎَﻬِﺘْﺧ
.
ﻪﻴﻠﻋ ٌﻖﻔﺘﻣ
.
1778.
Abu Hurairah (May Allah be pleased with him) said:
The Messenger of Allah (PBUH) forbade that a man in
the city should be the commission agent of a man from the desert and prohibited the practice of Najsh (i.e., offering
a high price for something in order to allure another customer who is interested in the thing); and that a man should
make an offer while the offer of his brother is pending; or that he should make a proposal of marriage while that of
his brother is pending; or that a woman should try that a sister of hers might be divorced so that she might take her
place
.
Another narration is:
The Messenger of Allah (PBUH) forbade the people from meeting the caravan on the way for
entering into business transaction with them; and the selling of the goods by a dweller of the city on behalf of a man
of the desert; and the seeking by a woman the divorce of her sister (from her husband); and the practice of Najsh and
leaving the animals unmilked (for sometime for the purpose of accumulation of milk to deceive the buyer)
.
[Al-Bukhari and Muslim].
Commentary:
"
Litakfa ma fi ina'ih
a'' means that "
Whatever is in her vessel is overturned.
'' This is a figurative
expression meaning "
She would marry her (Muslim sister's) husband when he divorces her present wif
e.''
"
Leaving the animals unmilked
'' means that a saleable cattle is not milked for two or three times to create an
impression that the cattle is rich in milk, which is not the true case. This is also prohibited. Other points mentioned
in this Hadith have been discussed earlier.
1779
َلﺎَﻗ ﻢﱠﻠَﺳو ِﻪْﻴَﻠَﻋ ُﷲا ﻰّﻠَﺻ ِﻪﱠﻠﻟا َلﻮُﺳَر ﱠنأ ، ﺎَﻤُﻬْﻨَﻋ ﻪﱠﻠﻟا ﻲﺿر ِﺮَﻤُﻋ ِﻦْﺑا ِﻦﻋَو
:
»
ْﻢُﻜُﻀْﻌَﺑ ْﻊِﺒﻳ ﻻ
ﻰﻠَﻋ
ُﻪَﻟ َنَذْﺄَﻳ ْنأ ﱠﻻإ ِﻪﻴِﺧأ ﺔﺒْﻄِﺧ ﻰﻠﻋ ْﺐُﻄْﺨَﻳ ﻻو ، ٍ
ﺾْﻌﺑ ِﻊْﻴَﺑ
«
ﻢﻠﺴﻣ ُﻆْﻔَﻟ اﺬهو ، ﻪﻴﻠﻋ ٌﻖﻔﺘﻣ
.
1779.
Ibn `Umar (May Allah be pleased with them) said: The Messenger of Allah (PBUH) said, "
A person should
not enter into a transaction when his (Muslim) brother has already negotiated, nor should he make a proposal of
marriage when that of his brother is pending, except with the permission of the latter
.''
[Al-Bukhari and Muslim]
Commentary:
We learn from this Hadith that if a man knows that such and such person has asked some woman for
marriage and she has accepted the proposal then he should not make an offer of marriage to her. But if the matter
has ended and the first proposal permits him to try his luck then he can make a proposal to her for marriage. On the
same analogy, it is prohibited for a woman to send a proposal of marriage to a man with whom some woman is
already negotiating or has already negotiated.
1780
ُﷲا ﻰّﻠَﺻ ِﻪﱠﻠﻟا َلﻮُﺳَر ﱠنأ ُﻪْﻨَﻋ ﻪﱠﻠﻟا ﻲﺿر ٍﺮِﻣﺎَﻋ ِﻦﺑ َﺔﺒْﻘُﻋ ْﻦَﻋَو
َلﺎَﻗ ﻢﱠﻠَﺳو ِﻪْﻴَﻠَﻋ
:
»
ﻮُﺧأ ُﻦِﻣْﺆُﻤﻟا
رَﺬَﻳ ﻰﱠﺘﺣ ﻪﻴِﺧأ ِﺔَﺒْﻄِﺧ ﻰَﻠﻋ ْﺐِﻄْﺨَﻳ َﻻَو ِﻪﻴِﺧأ ِﻊْﻴَﺑ ﻰَﻠَﻋ َعﺎَﺘْﺒﻳ ْنأ ٍﻦِﻣﺆُﻤِﻟ ﱡﻞِﺤﻳ َﻼَﻓ ، ﻦِﻣﺆُﻤﻟا
«
ﻢﻠﺴﻣ ُﻩاور
.
1780.
`Uqbah bin `Amir (May Allah be pleased with him) said: The Messenger of Allah (PBUH) said, "
A Mu'min is
the brother of another Mu'min; and thus it is not permissible for a Mu'min to make an offer while the offer of his
brother is pending, nor should he make a proposal of marriage while that of his brother is pending till he withdraws
his proposal
.''
[Muslim].
Commentary:
All the acts prohibited in the Ahadith cited above are such that they can cause or increase ill-will and
enmity among people. For this reason, all these things have been forbidden by Islam to obviate all possibilities of
dissension and discord and bring about mutual affection, fraternity and accord.
778
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