“…for a lower price,” if he is buying, or “I will buy it from you for more than its price,” if he is selling, so that the first sale is annulled and a new contract is concluded with him.
Once the two options have expired as well, he forbade such conduct, because this kind of incitement breeds discord, enmity, and rancor, and because it cuts off the other party’s livelihood.
-
Next, he forbade najsh, which is to raise the price of a commodity without any intention of purchasing it—only to benefit the seller by inflating his profit, or to harm the buyer by making the item dearer. It is prohibited because it entails lying, deceiving purchasers, and forcing prices up through trickery and fraud.
-
Likewise, he forbade the town-dweller to sell the goods of the desert-dweller, for the resident knows the market price and will leave nothing in it from which the buyers can benefit. The Prophet ﷺ said, “Leave people alone; Allah provides for some of them through others.” When the owner sells it himself, the buyers find some ease. Thus the prohibition of the resident’s selling for the newcomer is meant to spare the townspeople hardship.
-
He then forbade a fraudulent, deceptive sale: leaving the milk in the udders of livestock (1) so that it gathers before the animal is sold, leading the purchaser to suppose that this is the creature’s normal yield and to pay more than it deserves—thereby cheating and wronging him.
The Lawgiver therefore granted the buyer a period in which to rectify this injustice: an option of three days during which he may keep the animal or return it to the seller once he realizes (2) that it had been subjected to taṣriya. If he has already milked it, he must return the animal together with one sāʿ of dates in compensation for the milk.
Lessons drawn from the hadith:
-
The prohibition on going out to meet those bringing their merchandise and buying from them before they reach the marketplace. The wording of the prohibition denotes impermissibility; we shall soon discuss whether the resulting sale is valid or void.
-
The wisdom behind this prohibition is to prevent the sellers from being deceived and having their goods bought for far less than their true value (3).
-
It is forbidden to sell over the sale of a fellow Muslim, such as saying to one who has bought an article for ten, “I have the same for nine.”