Select a passage to highlight it. Click or tap a highlight to remove it.
Text and translation
English translation
4651. It was narrated from ‘Umârah bin Khuzaimah that his paternal uncle, who was one of the Companions of the Prophet ﷺ told him, that the Prophet ﷺ bought a horse from a Bedouin and asked him to follow him, so that he could
pay him for the horse. The Prophet ﷺ hastened but the Bedouin was slow. Men started to talk to the Bedouin and make offers for the horse, and they did not realize that the Prophet ﷺ had bought it, until some of them offered more than the Prophet ﷺ had bought it for. Then the Bedouin called out to the Prophet ﷺ and said: "Are you going to buy this horse or shall I sell it?" The Prophet ﷺ stood up when he heard him calling and said: "Have I not bought it from you?" He said: "No, by Allâh, I have not sold it to you," and the Prophet ﷺ said "I bought it from you." The people started to gather around the Prophet ﷺ and the Bedouin as they were talking, and the Bedouin started to say: "Bring a witness who will testify that you bought it." Khuzaimah bin Thâbit said: "I bear witness that you bought it." The Prophet ﷺ turned to Khuzaimah and said: "Why are you bearing witness?" He said: "Because I know that you are truthful, O Messenger of Allâh." So the Messenger of Allâh ﷺ made the testimony of Khuzaimah equivalent to the testimony of two men. (Ṣaḥīḥ)
Your commentary saves automatically in this browser, separate from the published commentary. It stays private unless you include it in a shared study file.
Commentary
There is an unequivocal command in the Noble Qur'an: 'And have witnesses whenever you trade with one another.' (2: 282) The apparent wordings render it essential to have witnesses over every transaction, but since this constitutes an impossible obligation, it is not possible to bring it into practice. There is,
therefore, the general consensus of the nation that here desirability is meant. The dealings of the Messenger of Allāh ﷺ and his noble Companions also bear witness that it is not necessary to set up witnesses. Imām An-Nasā'ī is also pointing to the same reality, although if the deal is being made on terms of credit, or if a loan is involved, or if conditions are stipulated in the sale, or if there is apprehension of forgetfulness and disputes, then setting up witnesses, rather putting the deal in black and white would be emphatically confirmed.
