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Language: en
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Alhamdulillah.
What is the ruling on selling and
buying? And when we speak about rulings,
you know that there are five rulings
that govern almost everything that
we as individuals as Muslims are ordered
to follow. either it's mandatory or
highly recommended
or permissible
or
not recommended or haram. So what's the
ruling on buying and selling?
Buying and selling is permissible.
It's not mandatory and it's not haram.
It's not in the middle. It's something
that is permissible. You want to buy, go
ahead. You don't want to buy, it's up to
you. It is permissible
and this is taken and learned from the
Quran from the Sunnah and from the
consensus of scholars. Allah says in the
Quran but Allah has permitted trade.
It is something that Allah has made
permitted and the prophet sallallahu
alaihi wasallam also said the two
parties to a transaction have the option
to cancelling as long as they have not
parted. This is known as the option of
the majus the gathering the place.
So the prophet is telling us asam this
that that this transaction is something
that is valid and he himself sallallahu
alaihi wasallam used to sell and buy
till the day he died.
As for the consensus of scholars, Ibqama
says all Muslims have
agreed to buying and selling
holistically and and in general. And
wisdom dictates this because this is
what common sense dictates.
Imagine if I see something I like
and I go and grab it and take it. This
would lead to chaos and a lot of
hardship to people. So when you like
something you make an offer and if the
seller is interested then we have the
transaction.
Now when we talk about a contract or a
transaction there has to be conditions.
Every transaction
has to be governed by conditions and the
conditions
to sell and buy in order to be valid.
The scholars looked into the evidences
from the Quran and the Sunnah and they
came with the conclusion that there are
seven
conditions that should be fulfilled. The
first condition is consent,
mutual agreement.
So a
transaction that is done under duress,
under compulsion, this is not valid.
Allahel says, "Oh you who believe, do
not consume one another's wealth
unjustly,
but only in lawful business by mutual
consent." It has to be
there has to be acceptance. And the
prophet said wasam
a sale can only be valid if it does it
is done with mutual consent.
So if there is mutual consent then this
transa transaction is accepted.
Okay. What about if it was done under
duress?
If the seller is not willing, well, if
it is unjustly,
then the transaction is invalid. But if
it's just, and how could it be just? If
someone buys a property
on installments
or he mortgages his property in exchange
of a loan and the time is due and he's
not paying off the loan, he's not paying
his installments on time. There is
hardship on the seller. I want my money.
I'm not a charity organization and he
keeps on refusing to pay on time. Here
the Muslim ruler has the right to force
that property to be sold and to give the
seller what he deserves, his money, his
wealth. Even if the person who mortgaged
that property or who bought the item on
installments and defaulted is not
willing. this has no
uh um value because he's the one who is
a transgress transgress transgressing
and the wrongdoer.
The second condition is that
each of the two parties, the buyer and
the seller
should be um in a state to
deal
with their property and they're allowed
to do this without a problem.
What do we mean by that? Scholars say
that a person the one who is qualified
to dispose of his wealth and to deal
with it should have four charact
characteristics.
Number one to be free meaning he's not a
slave. And number two he's an adult and
not a child.
He has reached the age of puberty.
Number three he is of a sound mind. He's
sane so that a person who's insane would
not be allowed to sell and buy. And
finally, he has to be of a mature
uh state of thinking. We have some
adults who have reached the age of
puberty and beyond, but they squander
their wealth without any sense, without
any maturity.
such people we have to block them from
such uh dealings.
Now, a minor without going to to many
many details because we could spend the
whole day literally speaking about these
conditions, but usually a minor is what
stands out from this because a minor
can only sell and buy if his guardian
allows him to do so. So sometimes we see
in videos a young child of the age of 10
going into a car dealer with a bag of
money and buying expensive cars. He's a
billionaire. Such a transaction is
invalid. He has no right to deal with
such wealth even if it's his because he
has not reached the age of puberty.
The exception is over pity small things.
So when a mom, a mother sends her child
to a grocery shop to buy a bag, a loaf
of bread, this is negligible. Such
transactions are fine and accepted.
Number three, condition number three is
that what you sell and buy has to have
um has to be permissible to sell. So you
are not allowed to buy to sell and buy
what has no benefit in it. Such as
insects for example someone who collects
insects, roaches and the likes and puts
them in a bottle and then he sells them
at the end of the day. This transaction
is not permissible because there is no
benefit of it. None whatsoever. So
you're selling something that has no
benefit.
Likewise, it has to have a benefit that
is halal. So if it's beneficial, but
it's not halal. Example, someone selling
musical instruments.
Music, people play on pianos or guitars.
So it has benefits, but such a benefit
is haram. Likewise, selling intoxicants,
selling idols or statues,
people benefit of them for the purpose
of decoration.
Selling uh um DVDs of music concerts or
selling tobacco, people smoke and enjoy
smoking or selling crosses
or symbols of worship in other
religions. All of these may have benefit
but the benefit itself is haram and
hence this is not permissible.
Now
um there can be benefit
and also it can be used and it can be
halal but it is restricted to when it is
a necessity.
Again this condition is not fulfilled.
It has to be
halal. It has to be beneficial and it
has to be uh u halal all the time not
for a limited purpose or time. For
example, dead meat. And what do we be
mean by dead meat?
The prophet said wasam in an authentic
hadith Allah and his messenger have
forbidden the sale of alcohol
that is intoxicants
dead meat that is an animal that was not
properly slaughtered.
Let's assume a sheep that fell from a
mountain and died. I can't sell this.
This is dead meat. I can't eat it. I
cannot utilize it. The prophet says,
"Pork and idols." So he mentioned four
things. So the companions, may Allah be
pleased with them, said to him, "What do
you think about
the fat of dead meat? For it is used for
on ships to
be put between the gaps of the wood so
that water would not come in and we use
it to light our lamps with. So this fat
from dead meat we can utilize. So the
prophet said no it is haram.
Then the prophet saidatam
explained he said may Allah curse the
Jews. When Allah forbade animal fat to
them they collected it and then they
sold it and consumed its price. So the
prophet sallallahu alaihi wasallam here
told us that allahel when he forbids
something for us to eat and consume then
selling and buying it is haram.
Which brings us to another understanding
of the hadith. When the prophet saidatam
said in the beginning Allah and his
messenger forbade ha have forbidden the
sale of alcohol meat, pork and idols.
forbidden the sale
not the use.
So this is where scholars differed in
understanding the hadith. Some said
selling and using is haram.
That is referring to the fat of dead
animals. Others said no selling is
haram. No doubt in that using it without
selling. So if I collect the fat and use
it, using it is permissible because it
has benefits. And this is the most
authentic opinion among scholars. And
finally,
what is the ruling on selling revealing
clothes, underwear, perfumes, makeup for
women? Because so many times we're asked
this question and they say, "Oh, she
most likely they're going to use it in
haram." Well, this is an issue of
dispute. Some scholars, some scholars
prefer to stay on the safe side and say,
"No, it's haram as long as there is a
possibility." But this introduces a lot
of hardship. I'm not their mother. I'm
not supposed to inquire, uh, excuse me,
what are you going to use this umh
bikini for? Or what are you going to use
this lingerie for? Or what you going to
where are you going to wear this makeup
and perfume? This is not my business.
The default is it's halal to use. She
could use it for her husband. She could
use it for her own self in her own own
home which is halal. So as long as the
property that is being sold is halal and
it is being used for a halal purpose and
can be used for haram. This is up to
them. I don't know what they're going to
use it for. that if I know for certain
without any doubt then it becomes haram
for me to sell. Generally speaking I
don't when people buy a bottle of water
from me they may use it to make ice
cubes for their scotch and their
intoxicants. So should I say that I'm
not going to sell any bottles of water?
This doesn't make any sense and Allahel
knows best.
for Muhammad.
foreign
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speech.
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