从这些圣训及其他圣训及对其的考订中可以清楚看出,先知ﷺ禁止其中所述的行为:城镇居民为乡下人代理买卖;禁止在他人已完成的买卖之上进行买卖,即有人来到别人已经买下的货物处,抬高其买价并购买,以使第一笔买卖失效。他还禁止人为抬价(najash),即在货物上加价,而自己并无购买之意,即不打算购买的人抬高货物价格,以引诱想要购买的人,使其因此被打动而加价,从而买下该货物。
他禁止迎候商队(talaqqi al-rukban),即城镇居民出城迎向带着货物的乡下人,告诉他行情并对他说:"我替你卖。"或者欺骗乡下人关于价格的信息,以低于市价的价格从他们那里购买。或者他告诉对方其手中货物的需求很少,或市场上需求很少。先知ﷺ还禁止迎候进口货物(商品),这与迎候骑手的情况相同。
From these ahadith and others and their scrutiny, it becomes clear that he prohibited therein the inhabitant trading for the Bedouin and similar to them are the towns-people, and a person from buying upon the sale of his brother if he had completed the sale i.e. that the man comes to the good which has been bought by another so he increases the price for which it was bought and buys it to invalidate the first sale. And he prohibited the artificial inflation of prices (najash) which is to increase upon the good while he is not a buyer for it i.e. that one who does not intend to buy increases the good to lead by it one who bargains for it, so that he will not increase on this amount except that he will bring the equivalent so impressed by that and increases in order to buy it. He prohibited the meeting of riders which is the inhabitant who goes out to the Bedouin who has imported goods and he informs him the price, and he says to him: ‘I will sell it for you.’ Or he deceives the Bedouin about the price of the land and he buys from them for less than the comparable price. Or he informs him of the little demand of what is with them or the little demand in the market. He (saw) prohibited meeting the imports which is like meeting the riders.
这些是被禁止的行为,其中一些与经纪活动直接相关,而其中又有一些与贸易有关。通过考察禁止性的圣训,可以清楚地看到,其中的禁令完全基于一个可理解的描述(al-wasf al-munāsib),即禁令之所以发生所为的那个描述。当命令或禁令与这种可理解的描述相关联时,该命令或禁令就有了理据;因此,其中所包含的那个可理解的描述所蕴含的意义,就是该命令或禁令的理由(ʿillah)。于是,其中的责成或禁止便与悬系于它的理由相连。理由存在,则规定存在;理由缺失,则规定缺失;它随理由的有无而转移。若理由存在于其他事物之中,则该规定便通过类比的方法适用于那个其他事物。城里人替乡下人卖货、买卖中的兄弟互相干扰(在对方已成交的买卖上再进行买卖)、哄抬价格(najash)、拦截骑乘者(talaqqī al-rukbān)以及拦截进口货物,这些都是可理解的描述。因此,它们就是禁令所为的那个缘由,即其含义在于:它是规定所为的那个缘由。乡下人的规定之所以悬系于他,是因为乡下人不了解市场价格;买卖兄弟之间的交易,之所以悬系于此,是因为价格已经确定,且双方彼此依赖;哄抬价格之所以悬系于此,是因为其人并不打算购买,而只是抬高价格以损害买方;拦截骑乘者和拦截进口货物之所以悬系于此,是因为其中存在抬高城市居民的价格或压低进口商的价格的情形。 如果这些含义存在于这些买卖之中,则该买卖被禁止,经纪服务也随之被禁止;如果这些含义不存在,那么无论买卖还是经纪服务都不被禁止。欧麦尔·本·哈塔布(愿真主喜悦他)理解,禁止城市居民为乡下人代卖的原因在于不知道价格,因此他说:
These are the actions which are prohibited, some of which are related to brokerage directly and of them are those which relate to trade. By scrutinising the ahadith which came in prohibition, it becomes clear that the prohibition therein is completely based upon an understood description i.e. a description which is understood as being that for whose sake the prohibition occurs. The understood description, where the command or prohibition overcomes it, then the command and prohibition are reasoned; so the meaning which is included by the understood description is the reason of the command or prohibition. So the obligation or forbiddance therein is linked to the reason suspended upon it. If the reason exists, the rule exists and if the reason is absent, the rule is absent; so it revolves with the reason in existence and absence. If the reason exists in other than it, the rule applies upon that other (thing) via the method of analogy. The inhabitant and the Bedouin, buying upon the sale of the brother, the artificial inflation of prices (najash), meeting the riders and meeting imports, are all understood descriptions. They are, therefore, the thing for whose sake the prohibition exists i.e. its meaning is that it is that for whose sake the rule exists. The rule is suspended upon the Bedouin due to the reason of lack of knowledge of the price with the Bedouin, and suspended with buying upon the sale of his brother due to what has occurred therein with the price being determined and the reliance of one upon the other, and suspended upon the artificial inflations of prices (najash) because he does not intend to buy it but only increases the price to harm the buyer, and suspended upon meeting the riders and meeting imports due to what there is therein of elevating the price upon the city-dwellers or cheapening it for the importer. If these meanings exist in these sales, the sale is forbidden therein and brokerage is forbidden therein; and if they do not exist, neither sale nor brokerage is forbidden therein. Umar bin Al-Khattab (ra) understood in prohibition of the sale of the inhabitant for the Bedouin that the reason is not knowing the price, so he said: