| 2 Hadiths


Hadith
1591
Fadālah ibn ‘Ubayd reported: We were with the Messenger of Allah (may Allah's peace and blessings be upon him) on the Day of Khaybar, making deals with the Jews with the Wuqiyyah of gold for two or three dinars, whereupon the Messenger of Allah (may Allah's peace and blessings be upon him) said: Do not sell gold for gold except weight for weight..

Commentary : Riba (usury) is one of the types of exploitation in transactions. It entails great harm and involves unlawful earnings and taking extra money wrongfully. Therefore, it has been prohibited in all the laws that have been revealed. Riba al-Fadl (usury of surplus) is one of the types of Riba, and it means selling an item that is subject to Riba rulings for another of the same type with excess in one of the two, like selling a gold dinar for two dinars and a silver dirham for two dirhams.
In this Hadīth, Fadālah ibn ‘Ubayd (may Allah be pleased with him) narrates that they were with the Messenger of Allah (may Allah's peace and blessings be upon him) in the Battle of Khaybar in 7 AH. They were making deals with the Jews and buying from them one Wuqiyyah of gold worth forty silver dirhams for "two or three dinars", and the dinar was equal to 12 dirhams. It could mean they were selling one' Uqiyyah of gold, beads, and others for two or three dinars. It is known that this amount of pure gold is not to be sold for two or three dinars, and this was the reason why the Companions made such a transaction, as they thought it was permissible because the gold was mixed with other things. However, the Prophet (may Allah's peace and blessings be upon him) forbade them from selling gold for gold "except weight for weight," i.e., each must be equal to the other in terms of weight without any addition or surplus.
The Hadīth highlights the prohibition of Riba al-Fadl (usury of surplus)..

1592
Ma‘mar ibn ‘Abdullah reported: That he sent his servant with one Sā‘ of wheat and said to him: Sell it then buy with it barley. The servant went and took one Sā‘ and part of a Sā‘. When he came to Ma‘mar, he informed him of that, whereupon, Ma‘mar said to him: Why did you do that?! Go ahead and return it and do not take except like for like, as I used to hear the Messenger of Allah (may Allah's peace and blessings be upon him) say: Food for food, like for like. He said: Our food at that time was barley. It was said to him: It is not like it. He said: I am afraid that it could be similar..

Commentary : Riba (usury) is one of the types of exploitation in transactions. It entails great harm and involves unlawful earnings and taking extra money wrongfully. Therefore, it has been prohibited in all the laws that have been revealed. Riba al-Fadl (usury of surplus) is one of the types of Riba, and it means selling an item that is subject to Riba rulings for another of the same type with excess in one of the two, like selling a Sā‘ of wheat for two Sā‘s thereof, or one hundred grams of gold for one hundred and ten grams thereof.
In this Hadīth, Ma‘mar ibn ‘Abdullah ibn Nadlah (may Allah be pleased with him) narrates that he sent his servant with one Sā‘ of wheat and ordered him to sell it for cash, i.e., for dirhams and dinars, then buy barley with its price. The boy went and bought one Sā‘ of barley and part of a Sā in return for the wheat directly without selling the wheat first and then buying the barley with its price. Perhaps he did that because buying barley was the goal and it was achieved by this.
When the servant returned to Ma‘mar, he informed him of what he had done, i.e., selling one Sā‘ of wheat for one Sā‘ and more of barley. Ma‘mar asked him: Why did you do that?! This is an objecting question. Then, he ordered him to return and bring back the wheat and return the barley and not to take the barley from him except like for like in terms of weight. Then, he clarified to him the reason for returning the extra barley, as he heard the Messenger of Allah (may Allah's peace and blessings be upon him) say: "Food for food," i.e., when selling one of them for another, it should be "like for like," i.e., in terms of weight and amount without any addition or surplus, and the two foods here refer to those of the same type, as it was mentioned in a version in Sahīh Muslim Collection that the Prophet (may Allah's peace and blessings be upon him) said: "If these classes differ, sell as you wish as long as payment is made hand to hand."
Ma‘mar (may Allah be pleased with him) said: "Our food at that time was barley," i.e., it was the staple food during the time of the Prophet (may Allah's peace and blessings be upon him). Some of those who were present objected that barley and wheat are not of the same type, i.e., wheat and barley are two different types, therefore, surplus between them is not unlawful. Ma‘mar (may Allah be pleased with him) said: "I am afraid that it could be similar," i.e., a similar case. In other words, he was afraid it was included among the similar types and, thus, should have the same ruling of the prohibition of Riba since wheat and barley are close and each of them is called food. He (may Allah be pleased with him) did this out of religious prudence and as a precautionary measure.
The Hadīth highlights the prohibition of Riba al-Fadl (usury of surplus).
It shows how the Companions were cautious not to fall into committing what is unlawful..

1594
Abu Nadrah reported: I asked Ibn' Abbās about Sarf (currency exchange), and he said: Is it hand to hand? I said: Yes. He said: There is no harm in it. I informed Abu Sa‘īd about it, saying: I asked Ibn' Abbās about Sarf, and he said: Is it hand to hand? I said: Yes. He said: There is no harm in it. He said: Did he say that?! We will write to him not to give you this Fatwa (legal opinion). He said: By Allah, some of the boys of the Messenger of Allah (may Allah's peace and blessings be upon him) brought dry dates, but he rejected them and said: It seems those are not from the dry dates of our land. He said: This year, there was something wrong with the dry dates of our land - or with our dry dates - so I took that and made some addition, whereupon he said: You made an addition! You committed Riba (usury)! Do not approach this. If you have doubts about your dry dates, sell them and then buy the dry dates you like..

Commentary : Riba (usury) is one of the gravest major sins. The Shariah has forbidden all sales that involve a possibility of Riba and has permitted lawful sales that are free of Riba. The pre-Islamic era of ignorance was swarming with Riba-based sales, so Islam rectified and refined such sale transactions.
In this Hadīth, the Tābi‘i Abu Nadrah al-Mundhir ibn Mālik al-‘Abdi narrates that he asked the Companion ‘Abdullah ibn ‘Abbās (may Allah be pleased with him and his father) about Sarf, which is selling an item for another of the same type with a surplus and an addition in the taken or given item, like selling a dinar for two dinars or a dirham for two dirhams; whether it is a Riba-based sale or not. Ibn ‘Abbās answered by saying that it is not Riba in case it is exchanged hand to hand, i.e., at the time that the act of selling took place. Ibn ‘Abbās (may Allah be pleased with him and his father) did not deem selling an item for another of the same type with a surplus Riba, and he believed that Riba is not unlawful except in case of a deferred payment.
So, Abu Nadrah informed Abu Sa‘īd al-Khudri (may Allah be pleased with him) about the Fatwa of Ibn ‘Abbās, whereupon Abu Sa‘īd (may Allah be pleased with him) told him that he would write to Ibn ‘Abbās not to give such a Fatwa and would review it with him, clarify the truth, and advise him. Then, Abu Sa‘īd (may Allah be pleased with him) narrated his supporting reference and evidence in forbidding the Riba of surplus and addition. He swore and said: "By Allah, some of the boys of the Messenger of Allah (may Allah's peace and blessings be upon him)," who are the servants, "brought dry dates, but he rejected them," the Prophet (may Allah's peace and blessings be upon him) rejected them because they were not from the dry dates produced by their land and not the ones known among them. It was said to the Prophet (may Allah's peace and blessings be upon him): This year, the dry dates of Madīnah were of bad quality. So, the servant took some of the bad dry dates and exchanged them for others and brought those good dry dates to the Prophet (may Allah's peace and blessings be upon him) in return for the defective ones and gave the buyer an excess in the weight and amount of the defective dry dates. Thereupon, the Prophet (may Allah's peace and blessings be upon him) said: "You made an addition! You committed Riba (usury)! Do not approach this," i.e., what you did and the addition you made in the weight is from Riba. So, the Prophet (may Allah's peace and blessings be upon him) forbade him from eating from the dry dates he had brought. Then, the Prophet (may Allah's peace and blessings be upon him) said to him by way of teaching: "If you find some doubt about your dry dates, sell them and then buy the dry dates you like," thus, the Prophet (may Allah's peace and blessings be upon him) forbade him from taking dry dates for dry dates. So, if there was something wrong with his dry dates, he should first sell them for money, then buy with that money whatever he liked of the dry dates, and there should be no surplus between the two.
It seems that Ibn ‘Abbās gave that Fatwa of permissibility based on the apparent indication of the Prophet's statement mentioned in the two Sahīh Collections: "Riba is only in Nasī’ah (deferred payment)." This apparently indicates exclusiveness, as if he said: There is no Riba except in the deferred payment. However, there is a report in the Sahīh Muslim Collection indicating that Ibn ‘Abbās reconsidered his stance regarding his Fatwa, as Abu as-Sahbā’ narrated: "That he asked Ibn ‘Abbās about it in Makkah, and he disliked it," i.e., he disliked the permissibility of surplus in Sarf.
The Hadīth highlights the prohibition of Riba al-Fadl (usury of surplus).
It indicates the invalidity of the transaction that involves Riba.
It highlights the fact that the Shariah rulings are to be sought only through the Qur‘an and the Sunnah.
It shows how the Companions used to correct each other whenever they made a mistake..