The Ahadeeth of the Messenger ﷺ that forbid two sales in a single sale and two agreements in a single agreement

প্রশ্ন · Question

Assalamu Alaykom Wa Rahmatullah,

A Question about transactions:
We want to rent a land in order to extract stone from it for a sum of
money and in case of non -validity of the stone, we will turn the sale
to a proportion. Is this transaction valid or not valid being two
contracts in one contract? Please reply as soon as possible.

উত্তর · Answer

Wa Alaykom Assalam Wa Rahmatullah Wa Barakatuh,
My brother, it is not permissible to make a contract in another
contract conditionally. You are saying here that the first contract is a
lease on condition that if the stone is invalid, then the contract turns
to sale by proportion, and although this part is not clear in your
question, you did not show what is meant by the word “proportion”,
but it most likely means that it turns to another contract i.e. not the
first lease contract, but it is converted to another contract.
Based on this understanding (Tarjeeh), the Ahadeeth of the
Messenger ﷺ that forbid two sales in one sale, and two agreements
in a single agreement are applicable here:
Al-Tirmidhi narrated in his Sunan that Abu Hurayrah (may Allah be
pleased with him) said:
«نَهََ رَسُولُ اللَّهِ ﷺ عَنْ بَيْعَتَيْْ ِ ف ِي بَيْعَةٍ » “The Messenger of Allah ﷺ forbade
two transactions in one.” This Hadeeth was classed as Hasan Saheeh
by Abu Essa.
- It was narrated by Ahmad that Abdul Rahman bin Abdullah bin
Masood (رض ي الله عنهما from his father, he said:
«نَهََ رَسُولُ اللهِ ﷺ عَنْ صَفْقَتَيْْ ِ ف ِي صَفْقَةٍ وَاحِدَةٍ »
“The Messenger of Allah ﷺ has forbidden two contacts in one
contract”.
It was mentioned in the Islamic Personality Vol. 2 in the chapter “Sale
by Debt and Installments”:

”...in conclusion, if one of the contractors said to the other, ‘I sold
you my house for one thousand upon your selling me your house for
one thousand’ and he says, ‘I have accepted’, in this one sale contract
there occurred two sales which is not permitted since the Prophet ﷺ
prohibited two sales in a sale and two agreements in one
agreement...”)
Therefore, this contract is invalid, and as I said this answer is based
on the tarjeeh that the word “percentage/proportion” refers to a
new contract, not the lease contract, but a contract of selling stones
by percentage. In other words, the lease contract with a limited pay
is converted into a sale contract for the resulting stones by
percentage; however, if this is not what was intended, then re -send
the question in a clear way, and may Allah be with you.
Your brother,
Abu Yasin
26 Rabii’ Al-Awwal 1440 AH
Corresponding 04/12/2018 CE