al-Ahadith al-Warida fi al-Buyu al-Manhi Anha
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- Deanery of Scientific Research at Islamic University
al-Ahadith al-Warida fi al-Buyu al-Manhi Anha (Traditions Regarding Prohibited Sales: Collection, Sourcing, and Study) is a specialized contemporary hadith and legal work by the Saudi scholar Sulayman bin Salih al-Thunayan, examining the Prophetic traditions concerning unlawful commercial transactions in Islamic jurisprudence .
Origin and Composition
The work was originally prepared as a master's thesis submitted to the Department of Fiqh al-Sunnah and Its Sources at the Islamic University of Madinah . It was researched and written under the academic supervision of Muhammad Diya al-Rahman al-Azami and subsequently published by the Deanship of Scientific Research at the Islamic University of Madinah .
Structure and Scope
The book is organized into a general introduction, a preliminary preface, six comprehensive parts (abwab) divided into thematic chapters, a conclusion, and several reference indices :
- Preface: Discusses the linguistic and legal definitions of sale (bay'), its legal ruling, its underlying wisdom, and the foundational juristic principle that transactions are fundamentally permissible unless specifically forbidden by religious texts .
- Part One: Collects traditions on specific items and entities prohibited from being sold, including carrion, swine, idols, wine, blood, prohibited foods and drinks, goods sold to someone known to use them for illicit purposes, dogs, cats, free persons, ummahat al-awlad (enslaved mothers of their masters' children), mudabbar slaves, wala' (clientage ties), singing slave-girls, the residential properties of Mecca, and the squandering of wealth .
- Part Two: Gathers traditions regarding sales of items not owned by the seller at the time of the contract or not yet taken into possession, including public resources (water, pasture, and fire), undistributed spoils of war, unreceived charity, and exchanging debt for debt (bay' al-kali' bi-l-kali') .
- Part Three: Addresses sales involving hazard and uncertainty (gharar), including pre-Islamic contractual forms such as habal al-habala, al-madamin and al-malaqih, mulamasa, munabadha, pebble sales (bay' al-hasah), milk in the udder, wool on an animal's back, butter in milk, unquantified exemptions (al-thunya), selling agricultural harvests years in advance (al-mu'awama), the diver's catch, runaway slaves, stud fees for stallions, fish in open water, and unripened fruit .
- Part Four: Covers prohibited stipulations within sales, such as combining a loan and a sale (bay' wa-salaf), earnest-money contracts (bay' al-'urban), and two transactions in one (bay'atayn fi bay'ah) .
- Part Five: Gathers traditions concerning usurious transactions (al-buyu' al-ribawiyyah), including the general prohibition of usury (riba), the six designated usurious commodities and their analogues, muzabana, muhaqala, deferred exchanges of animals for animals, selling meat for live animals, and tri-party repurchase sales (bay' al-'inah) .
- Part Six: Details transactions prohibited due to harm, fraud, or external factors, including artificial price inflation (najash), outbidding or underselling an ongoing negotiation of another Muslim, commercial fraud, and taking false oaths to promote goods .
The book concludes with analytical indexes for Quranic verses, hadiths, biographical notices of cited transmitters, rare vocabulary, sources, and subject matters .
Method
In his hadith authentication (takhrij), al-Thunayan follows the methodology of early traditionists (al-muhaddithun). Rather than confining citations to Sahih al-Bukhari and Sahih Muslim, he collects variants and supporting paths (shawahid) from broader canonical and non-canonical compilations to establish whether a tradition reaches wide transmission (tawatur, shuhra, or istifada) and to record unique textual and chain-based variants . He identifies the pivot of each transmission chain (madar al-isnad), evaluates transmitters using foundational biographical dictionaries—principally relying on Ibn Hajar al-Asqalani's Tahdhib al-Tahdhib—and engages with the critical judgments of early hadith scholars .
In the juristic section (al-dirasa al-fiqhiyyah) appended to each chapter, the author adopts the analytical style of traditionist-jurists: he defines the prohibited transaction, highlights the wisdom behind its prohibition, outlines divergent legal opinions alongside their textual evidence, and provides evidence-based preferences (tarjih) without delving into excessive hypothetical sub-branches . He draws legal positions directly from the foundational texts of the legal schools (usul al-madhahib) and occasionally connects classical prohibitions to contemporary financial and commercial transactions .
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