BOOK OF BUYING AND SELLING
I. Legal Basis and Conditions for Sale and Purchase Objects
Buying and selling according to Sharia is defined as the activity of exchanging property. This transaction is permitted for every item that is legally owned and has permissible (permissible) benefits.
Dog Specific Prohibitions: Selling dogs is not permitted. If someone damages or kills another person's dog, he is not subject to a fine because keeping a dog without a need (such as guarding livestock or hunting) can reduce the owner's reward.
Ownership Requirements: Items sold must be owned by yourself or have permission from the owner/guardian.
Benefits: It is not legal to sell things that are not useful (such as insects) or whose benefits are haram (such as wine and carrion).
Certainty (Gharar): It is prohibited to sell goods that do not yet exist (ma'dum) such as a fetus that is still to be conceived, goods whose nature is unclear (majhul), or goods that cannot be handed over (such as birds that fly freely or fish in water).
Stolen Goods: May only be sold to the usurper or to someone who is able to take it back.
II. Prohibited Contracts
The Prophet Muhammad (peace be upon him) prohibited several types of transactions that contain elements of ambiguity or are detrimental to other parties, including:
Mulamasah: Determining a sale and purchase based solely on the touch of a piece of cloth.
Munabadzah: Determining a sale and purchase based on the throwing of an item.
Bay'ul Hashat: A sale determined by the landing of a pebble.
Najasy: A person who pretends to offer a high price to deceive other buyers when they have no intention of buying.
Trade Intervention: Making an offer above another person's ongoing contract.
Inland Broker (Badhir li bad): A city dweller acting as a broker for a villager with the aim of withholding goods to increase the price.
Two Contracts in One Assembly: A transaction with two uncertain price options or requiring one sale to be exchanged for another.
Welcoming Traders: Intercepting traders before they reach the market to buy goods at a low price due to the trader's ignorance.
Selling Before Handover: Especially for foodstuffs, resale is not permitted until the goods are fully received.
III. Usury and Its Rules
There are six main commodities (gold, silver, wheat, barley, dates, and salt) that, when exchanged for the same type, must be of the same weight and paid in cash (hand-to-hand). If the types are different (e.g., gold for silver), the measurements may differ but must still be paid in cash.
Similar Foods: The exchange of measured/weighed food of the same type must be exactly the same size. If the types are different (e.g., wheat for dates), the measurements may differ as long as the payment is made in cash.
Condition of Goods: It is not permissible to exchange dry goods for wet ones, pure goods for mixed ones, or raw goods for cooked ones of the same type.
Muzabanah: It is prohibited to buy dates from the tree for dry dates, except for the Araya contract (the need for wet dates for consumption) with a maximum limit of 5 wasaq.
IV. Buying and Selling Trees, Fruit, and the Right of Khiyar
Fruit Ownership: If a tree is sold after pollination, the fruit remains the property of the seller unless otherwise stipulated. If land is sold, the plant, which can be harvested once, remains the property of the seller.
Harvestability: Fruit may not be sold until it appears ready for harvest (reddening/yellowing in the case of dates, or beginning to soften in the case of grapes). If fruit sold on the tree is affected by pests before harvest, the loss is borne by the seller.
Right of Choice (Khiyar): The buyer and seller have the right to cancel the transaction while it is still on site (khiyar majelis). If an undetected defect is discovered, the buyer may return the goods or request compensation.
Tashriyyah (Milk Fraud): Withholding the milk of an animal to make it appear abundant before selling is fraudulent. The buyer may return the fraud by replacing it with one sa' of dates.
V. Salam, Qardh (Loans), and Debts
Salam (Order): Valid if the measurement, weight, and timeframe are clear and paid in advance.
Qardh: A loan must be repaid with a similar item. Lenders are prohibited from requiring additional benefits (riba), unless it is customary to give gifts prior to the debt.
Seizure of Assets (Bankruptcy): If a debtor who is capable of repaying intentionally delays, he or she can be imprisoned. If the debtor goes bankrupt, the judge has the right to seize the assets to be distributed proportionally among the creditors. The original seller who finds the goods intact from the bankrupt person has the right to reclaim them in full.
VI. Transfer, Guarantee, and Pledge
Hiwalah: The transfer of a debt to a third party who also owes money. If the debtor is transferred to a capable person, the creditor is obligated to accept it.
Dhaman (Guarantee): The guarantor is jointly responsible for the debt. If the original debtor dies or is released, the guarantor is released. If the guarantor is released, the original debtor remains obligated to pay.
Rahn (Pledge): The pledged item is a trust. The pawnbroker cannot by taking any benefit from it, except for riding or dairy animals (as a substitute for food costs). If the debt is not paid off when due, the pawned item is sold to cover the debt.
VII. Peace, Delegation, and Partnership
Shulhu (Peace): It is permissible to cancel part of the debt or exchange the payment (gold for silver) for cash at the current market price.
Wakalah (Deputy): The representative must act according to his mandate. He holds the trust and is not liable for damages except due to negligence.
Sharikah (Partnership): There are four types: Inan (property and body), Wujuh (position/good name), Mudharabah (capital from one party), and Abdan (physical labor). Profits are shared according to agreement, but losses must be proportionate to the capital.
Musaqah & Muzara'ah: Partnership for cultivating trees/land with a profit-sharing agreement. The manager must work according to customary standards.
VIII. Land and Found Property Management
Ihyaul Mawat: Revitalizing dead land (land without an owner) makes the manager the rightful owner.
Ju'alah (Contest): Rewarding anyone who successfully completes a specific task (such as finding a lost item).
Luqathah (Found Property):
Low value: May be taken immediately.
Strong animal (camel/horse): May not be captured; leave until the owner arrives.
High value/weak animal: Must be announced for one year. If no one takes it, it becomes the property of the finder, but replacement is still required if the owner later appears.
Laqith (Found Child): Considered free and Muslim. His maintenance is taken from his own property or from the Baitulmal (Baitul Mal).
IX. Competitions and Deposits
Sabqu (Competitions): Prizes are only permitted for archery, camel, and horse competitions. No gambling (betting between participants without a third party acting as a neutralizer) is permitted.
Wadi'ah (Deposit): The recipient of the deposit only compensates for negligence (such as misuse or misplacement of the deposited item).
Ariyah (Loan): Unlike a deposit, borrowed items must be covered for damage or loss, even if the borrower is not negligent.
Reference:
Umdatul Fiqh
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