Yahya related to me from Malik from Ibn Shihab from Said ibn al-
Musayyab that the Messenger of Allah, may Allah bless him and grant
him peace, forbade muzabana and muhaqala. Muzabana was selling fresh
dates for dried dates. Muhaqala was buying unharvested wheat in
exchange for threshed wheat and renting land in exchange for wheat.
Ibn Shihab added that he had asked Said ibn al-Musayyab about
renting land for gold and silver. He said, "There is no harm in it."
Malik said, "The Messenger of Allah, may Allah bless him and
grant him peace, forbade muzabana. The explanation of muzabana is that
it is buying something whose number, weight and measure is not known
with something whose number, weight or measure is known, for instance,
if a man has a stack of food whose measure is not known, either of
wheat, dates, or whatever food, or the man has goods of wheat, date
kernels, herbs, safflower, cotton, flax, silk, and does not know its
measure or weight or number and then a buyer approaches him and
proposes that he weigh or measure or count the goods, but, before he
does, he specifies a certain weight, or measure, or number and
guarantees to pay the price for that amount, agreeing that whatever
falls short of that amount is a loss against him and whatever is in
excess of that amount is a gain for him. That is not a sale. It is
taking risks and it is an uncertain transaction. It falls into the
category of gambling because he is not buying something from him for
something definite which he pays. Everything which resembles this is
also forbidden."
Malik said that another example of that was,
for instance, a man proposing to another man, "You have cloth. I will
guarantee you from this cloth of yours so many hooded cloaks, the
measureof each cloak to be such-and-such, (naming a measurement).
Whatever loss there is, is against me and I will fulfill you the
specified amount and whatever excess there is, is mine." Or perhaps
the man proposed, "I will guarantee you from this cloth of yours so
many shirts, the measurement of each shirt to be such-and-such, and
whatever loss there is, is against me and I will fulfill the specified
amount and whatever excess there is, is mine." Or perhaps a man
proposed to a man who had cattle or camel hides, "I will cut up these
hides of yours into sandals on a pattern I will show you. Whatever
falls short of a hundred pairs, I will make up its loss and whatever
is over is mine because I guaranteed you." Another example was that a
man say to a man who had ben-nuts, "I will press these nuts of yours.
Whatever falls short of such-and-such a weight by the pound, I will
make it up, and whatever is more than that is mine."
Malik
said that all this and whatever else was like it or resembled it was
in the category of muzabana, which was neither good nor permitted. It
was also the same case for a man to say to a man, who had fodder
leaves, date kernels, cotton, flax, herbs or safflower, "I will buy
these leaves from you in exchange for such-and-such a sa, (indicating
leaves which are pounded like his leaves) . . or these date kernels
for such-and-such a sa of kernels like them, and the like of that in
the case of safflower, cotton, flax and herbs."
Malik said,
"All this is what we have described of muzabana."
Muwatta Malik Book 31, Hadith 25
The Prophet (ﷺ) used to proceed to the Musalla on the days of Id-ul-Fitr and Id-ul-Adha; the first thing to
begin with was the prayer and after that he would stand in front of the people and the people would
keep sitting in their rows. Then he would preach to them, advise them and give them orders, (i.e.
Khutba). And after that if he wished to send an army for an expedition, he would do so; or if he
wanted to give and order, he would do so, and then depart. The people followed this tradition till I
went out with Marwan, the Governor of Medina, for the prayer of Id-ul-Adha or Id-ul-Fitr.
When we reached the Musalla, there was a pulpit made by Kathir bin As-Salt. Marwan wanted to get
up on that pulpit before the prayer. I got hold of his clothes but he pulled them and ascended the pulpit
and delivered the Khutba before the prayer. I said to him, "By Allah, you have changed (the Prophet's
tradition)." He replied, "O Abu Sa`id! Gone is that which you know." I said, "By Allah! What I know
is better than what I do not know." Marwan said, "People do not sit to listen to our Khutba after the
prayer, so I delivered the Khutba before the prayer."
Sahih al-Bukhari Book 13, Hadith 8