Yahya related to me from Malik that he had heard that Muhammad Sirin used to say,
"Do not sell grain on the ears until it is white."
Malik said, "If someone buys food for a known price to be delivered at a stated date, and when the date comes, the one who owes the food says, 'I do not have any food, sell me the food which I owe you with delayed terms.' The owner of the food says, 'This is not good, because the Messenger of Allah, may Allah bless him and grant him peace, forbade selling food until the deal was completed.' The one who owes the food says to his creditor, 'Sell me any kind of food on delayed terms until I discharge the debt to you.' This is not good because he gives him food and then he returns it to him. The gold which he gave him becomes the price of that which is his right against him and the food which he gave him becomes what clears what is between them. If they do that, it becomes the sale of food before the deal is complete."
Malik spoke about a man who was owed food which he had purchased from a man and this man was owed the like of that food by another man. The one who owed the food said to his creditor, "I will refer you to my debtor who owes me the same amount of food as I owe you, so that you may obtain the food which I owe you ."
Malik said, "If the man who had to deliver the food, had gone out, and bought the food to pay off his creditor, that is not good. That is selling food before taking possession of it. If the food is an advance which falls due at that particular time, there is no harm in paying off his creditor with it because that is nota sale. It is not halal to sell food before receiving it in full since the Messenger of Allah, may Allah bless him and grant him peace, forbade that. However, the people of knowledge agree that there is no harm in partnership, transfer of responsibility and revocation in sales of food and other goods."
Malik said, "That is because the people of knowledge consider it as a favour rendered. They do not consider it as a sale. It is like a man lending light dirhams. He is then paid back in dirhams of full weight, and so gets back more than he lent. That is halal for him and permitted. Had a man bought defective dirhams from him as being the full weight, that would not be halal. Had it been stipulated to him that he lend full weight in dirhams, and then he gave faulty ones, that would not be halal for him."
Section: General Section on Selling Food
Hadith #1534, Category: Uncategorised
"The Companions, known as Suffa, were very poor people and the Messenger of Allah (sa) said to them, 'Whosoever has food for two should invite a third and whosoever has food for four should invite five or six.'
On one occasion Abu Bakr (s) invited three people and the Messenger of Allah (sa) invited ten people. However, Abu Bakr ate with the Messenger of Allah and remained with him until after the night prayer. By the time he arrived home a part of the night had passed and his wife inquired, 'What kept you from your guests?' He asked, 'Haven't you given them their food?' She answered, 'They were offered food but they declined to eat until you arrived.'
Abdur Rahman (the son of Abu Bakr) (s) continued: I went and hid myself out of fear but Abu Bakr called for me in a stern and angry tone saying, 'Now you eat and let it be disagreeable to you, by Allah I shall not eat it at all.'
Abdur Rahman said, 'We started to eat and for each mouthful we took more than its equal rose from the bottom till everyone had eaten his fill; the food had increased in quantity more than there had been in the beginning.' Abu Bakr looked at it and said to his wife: 'Sister of Bani Firas, what is this?' She said, 'By what delights my eye, it is now three times more than it was.' Abu Bakr said, 'My oath not to eat of it was prompted by satan' and he ate a mouthful of it and then took it to the Messenger of Allah (sa) where it remained until the morning.
This happened at the time during which the period of truce we had made with a tribe had expired and twelve of us had been appointed as scouts, each of the twelve had men under him, Allah alone knows how many there were and they all ate from the food."
We are also informed: "Abu Bakr took an oath that he would not eat any of it, and his wife did the same and his guests swore they would not eat unless Abu Bakr also ate. Thereupon he said, 'My oath was incited by satan'; so he called for the food and he and they ate. For each mouthful they took there rose up from under it more than its equal. Abu Bakr said to his wife, 'Sister of Bani Firas, what is this?' She answered, 'By what delights my eye, it is now more than it was when we started eating.' They all ate and sent the rest to the Messenger of Allah (sa) who also ate from it.
Abu Bakr said to Abdur Rahman, 'I am going to the Messenger of Allah (sa) take care of the guests and feed them before I return.' Abdur Rahman placed before them whatever there was and asked them to eat. They inquired, 'Where is our host?' He urged them to eat but they replied, 'We shall not eat until our host comes.' He pleaded, 'Please accept our hospitality, if he arrives and finds that you have not eaten he will be angry.' But they persisted in their refusal. Abdur Rahman said, 'I realized that Abu Bakr would be upset so when he returned I withdrew. He inquired how the food had been and was informed what had happened. He called out, 'Abdur Rahman', but I remained silent. He then called out, 'You stupid youth, I put you on oath that if you hear my voice come forward.' So I came out and said, 'Ask your guests.' They told him, 'He is telling the truth. He did bring the food to us.' Then Abu Bakr said, 'You waited for me, but by Allah I shall not eat of this food this night.' Thereupon his guests said, 'We shall not eat, unless you also eat.' Abu Bakr said, 'What is the matter with you that you do not accept our hospitality?
Bring the food!' The food was brought, and he said, 'My oath was incited by satan' and he reached out his hand and said, 'In the Name of Allah' and ate; and so his guests also ate."
Bukhari and Muslim with a chain up to Abdur Rahman, the son of Abu Bakr (sp) who related this.
Book 17, Number 2865:
Narrated Abdullah ibn Abbas:
When Allah, Most High, revealed the verses: "Come not nigh to the orphan's property except to improve it". And "Those who unjustly eat up the property of orphans", everyone who had an orphan with him went and separated his food from his (orphan's) food, and his drink from his drink, and began to detain the remaining food which he (the orphan) himself ate or spoiled.
This fell heavy on them, and they mentioned this to the Apostle of Allah (peace_be_upon_him). So Allah, Most High, revealed the verse: "They ask thee concerning orphans. Say: The best thing to do is what is for their good; if ye mix their affairs with yours, they are your brethren." Then they mixed their food with his food and their drink with his drink.