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Language: en
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The fourth condition so that the selling
and buying is valid and accepted is that
the item sold should be owned and
possessed by the seller at the time of
the transaction.
Because
a lot of the people may sell things that
they do not possess at the time or at
least they're not authorized by the
owner to sell. And the prophet said this
was in an authentic hadith, do not sell
that which is not in your possession.
And this is the the hadith of Hazam and
others. May Allah be pleased with him.
What does that mean? It means that so
many people get involved in what is
known as dropshipping.
So they display on their Instagram page
that we have this Rolex walked watch or
uh uh this or that and it costs this
much. So people buy it from them. Then
they go and look to find that item to
buy and then resell it to them. This is
not permissible. You have to possess the
watch first before you
auction it for selling or you display it
for selling.
And
sometimes
people act like good Samaritans.
So I'm driving my brother's car and
someone is so fascinated with it. He
says, "I love your car. I want to buy
it. It's not my car." So I said, "Okay,
I'm going to sell it for you for
50,000."
And he says, "Okay, I I I accept." And
the transaction is done. And by the way,
this is how transactions are finalized
in Islam. It's not a contract. It's not
something legal. It's man-to-man.
So some I say to someone, I sell you my
car for 50,000. He says, "I accept. It's
done." Okay. Where's my money? The
transaction is done. The money is a debt
in his
possession. He has to deliver. But the
transaction is done. I can't go back
home and at night someone says, "Oh, why
did you sell it for 50,000? I'll give
you 70,000." And I call call the guy and
say, "Listen, I changed my mind." No,
you can't change your mind. The
transaction is done in Islam. This is
why what we say we are held accountable.
One word takes you into Islamahill.
And one word takes you out of the fold
of Islam. If it's a blasphemous word,
transactions are the same. Marriage is
the same. Divorce is the same. A single
word does the job.
Now, if I sold this man my brother's car
for 50,000, this transaction is invalid.
However, Islam's
tolerance is so beautiful that it says,
"Well, it is invalid. However, it is
dependent on your brother's approval,
the real owner." So, we go to him and if
he says, "Yes, I have approved it."
Kalas done. It's gone. It's it's a done
deal. And if he says no, I don't approve
it, then it's your fault. The
transaction does not take place. The
fifth
condition is that
there has to be no ambiguity
in what you're selling.
So the item in place to be sold has to
be identified thoroughly either by
seeing it or by a description that does
not accept any form of ambiguity.
Why do we say this? Because Islam
protects both seller and buyer. Imagine
if you see something and you say that
whoa this is what I want to buy
and the moment you see it in real life
it's not like the picture it's smaller
in size the quality is different and
this is why photoshopping of pictures is
a big business when you see a sandwich
on display to be sold in a particular
shop,
you feel hungry. The sandwich looks
wonderful, but when you buy the actual
thing, it doesn't relate to it at all.
Likewise, you see a pen, you see a
watch, you see a car, the picture is not
telling you everything. So, this is
ambiguity that has to be changed. And
Islam says that it is either
removed by seeing it actually or by a
description that fits as a glove.
This is done usually in so many cases.
For example, if you want to buy a mobile
phone,
oh, it looks nice. H very nice in the
picture. No, it has to either be seen uh
uh uh in real life. You hold it, you
weigh it, you look at it, or the
description is listed to you. It's one
128 gigabyte. It is model number this
and that. It has the capacity of this,
the camera is this, the resolution is
this. Now I know exactly what it is.
There's no ambiguity. The sixth
condition is that the price is known. So
the price has to be known because how
would I buy an item without knowing the
price? Oh, what a beautiful mobile. I'll
take it. Okay. It's nice doing business
with you. We'll bill you. And the
following day, I get a bill. Whoa, this
is too expensive. It's above my budget.
Well, you bought it. Well, I didn't know
it's going to cost this much. Well, this
transaction is invalid.
You have to know so that ambiguity is
removed. Unfortunately, nowadays
so many
transactions
are done in this fashion.
And as I said, it revolves around
transgression
or ambiguity or ribba
games. For example, you find this a lot
when you get
in a circus or in in the fun fairs a
game, a machine that you put money and
you try to grab something and if you
grab it, it's yours. And if you fail,
oh, that was fun. I couldn't grab
anything. So, you lose gambling.
Likewise, when you auction
things, for example, in airlines, they
have a lot of baggage that was not
claimed. So, you see a suitcase. Hm.
Looks nice. And they start to auction
it. What are you buying? The suitcase
itself costs $200.
what's inside it may cost a thousand or
2,000. It may be nothing and you start
to auction that. This is gambling. This
is ambiguity and that is not
permissible. The seventh condition is
that the item you're buying has to be
possible to be delivered. And what do we
mean by that? You can't sell something
you do not possess or you're unable to
deliver. For example,
you can't come to the uh Serengeti and
say to someone, okay, you you see this
zebra, it's yours for $10.
Okay, give it to me. So, no, you go and
catch it. You can't sell
a tuna fish in the ocean. said, "The
blue tuna fish is yours for $1,000."
Where is it? It's in the ocean. Go and
get it. You have to be able to deliver
it because this is ambiguity. I can't
sell you birds on this in in the sky.
Unless I can deliver it. Yeah. For
example, if I sell you pigeons and the
pigeons are mine, but they're flying.
Some scholars say, "Yes, but they will
come back to their nests on my rooftop
to eat. This is what they do every day,
so it's it's permissible to sell." No,
it's not because there's a possibility
that someone's going to shoot them down
or a a predator or an eagle can eat them
and then I'm unable to deliver it. So,
how can I sell it to someone without
being able to deliver it? If someone
says, "Yeah, but the buyer is is fine
with it." Still, he's fine because he's
gambling. He's getting it for a cheaper
price and that is not permissible.
There are transactions
that are prohibited in Islam
and there are so many of them. But what
comes on top of the list and Yiani you
could see that
this is the dominant transactions
they are uh um a number of of sales.
Generally speaking,
buying and selling is not forms of
worship where innovation
is possible in the sense that if someone
says
um in salat I'd like to put my hand
right over the left on my forehead. Said
no this is an innovation. Why? Because
it was not reported in the Quran or in
the Sunnah. Issues of worship have to be
backed up by evidence from the Quran and
Sunnah. If not, then it's an innovation.
In transactions, it's the other way
around.
If there is nothing to prove it's haram,
the default is it's halal. Simple as
that. Allah says in the Quran, "But
Allah has permitted trade."
So, this is a general tendency. However,
there are certain cases and scenarios
where Islam tells us that this is not
permissible to go ahead with. For
example, you're not allowed to sell on
the day of Friday after the adan is
called which usually follows the imam
coming in to the masid saying
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and he sits. Then the adan is called.
Once the ad is called, which means that
the Imam is going to give his sermon, it
is totally prohibited for you to buy and
sell. Allah says, "Oh you who believe
when the adan is called for the prayer
on the day of Friday on Jum, then
proceed to the remembrance of Allah and
leave trade." This is restricted to
those who are obliged to attend.
Children are exempted, slaves are
exempted, women are exempted because
they are not obliged to attend. So they
can sell and buy as well.
Also, it is not permissible to trade to
sell and buy things that are used for
haram purposes
such as selling weapons
to fighting parties. It's a time of
fitna. It's a time of civil war. And
whoa, I'm I can make a lot of money. I
can raise the prices. I can be rich in
no time. So I start to sell and and and
buy these haram things. No, it's not
permissible. It's not permissible to
sell items that are used in haram. So I
know this is a brewery and they're
asking me to sell them sugar, sell them
water, sell them fruits to be used in
their breweries and make intoxicants.
No, this is not permissible. Allahawel
says and cooperate
in righteousness and piety and do not
cooperate in sin and transgression. So
this is not permissible to um do that.
among the haram transactions selling and
buying is undercutting one's Muslim
brother um or outbidding him because the
prophet said do not undercut or outbid
one another. How is this happening? I
see someone trying to sell another
person an item and he says, "Oh, this
watch is beautiful. it gives you the
time and it's expensive and it's this
much and I undercut out bid him and say
I can sell you the same watch $200 less.
How would the seller feel? He would feel
hostility, enmity, hatred towards me
because I'm ruined his deal and this is
totally haram and prohibited in Islam.
However,
scholars say this situation which is
forbidden is only after the deal has
been concluded.
So now we're just writing the contract
and I spoil it. But if it's in the times
of auctioning,
if it's in the time where a person is
looking for a best deal and there's no
commitment, no interest, I'm just asking
for the price. So they say that there is
no problem to uh say it before
a commitment is done. And the safest is
to be safe and far away from such uh
dealings altogether until he has
concluded his communication whether by
rejecting the offer or by finalizing the
the deal. I should not intervene so that
I would not cause any hatred or enmity
in the soul of the seller and Allahawel
knows best. for
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