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Lesson 76
Trade (1)
· Sale is lawful in the Qur’an and
Sunnah.
· The elements of a sale are:
a) The free mature seller who owns his goods and then sells them.
b) The free mature buyer
c) The permissible article which is to be sold, being known to the buyer
d) The spoken offer and the spoken acceptance
e) Mutual agreement with satisfaction.
· It is valid to stipulate the
specifications of the article, or of utilities related to it.
·
It is invalid to stipulate a
condition that will affect the core of the sale, an invalid condition such as to
realize a profit from re-selling, or combine two conditions.
·
The annulment of sale is permissible
if both the seller and buyer agreed.
The commodity should thus be returned as it is, as well as the price, without
reduction.
·
Either the seller or the buyer has
the choice to continue or annul the sale: before they depart, if they agree on a
certain term for choice, if an excessive inequity appeared from any of them, in
case that the seller has hidden a defect in the
article, in case that a defect appeared in the article which was not
known during the sale, and in case that the seller convinced the buyer with what
is not found in the article as a means to incite him to buy.[9]
The legality of sale:
Allah says:
]وَأَحَلَّ
اللّهُ
الْبَيْعَ
وَحَرَّمَ
الرِّبَا[
(البقرة: 275)
This
means: “Whereas Allah has permitted trading and forbidden Riba (usury).” (2,
Al-Baqarah: 275)
The Prophet (peace be
upon him) said:
“A
townsman must not sell for a man from the desert.”
(Reported by Al-Bukhari and Muslim)
He (peace be upon him)
also said:
“Both
parties in a business transaction have a right to annul it so long as they
have not separated.”
(Reported by Al-Bukhari
and Muslim)
Conditioned
sale:
The Prophet (peace be
upon him) said:
“Whoever imposes conditions which are not
present in Allah’s Laws, then those conditions will be invalid, even if he
imposed these conditions a hundred times. Allah’s conditions
(Laws)
are the truth and are more solid."
(Reported by Al-Bukhari and Muslim)
The Prophet (peace be
upon him) said:
“If
anyone rescinds a sale with a Muslim, Allah will cancel his slip on the Day of
Resurrection.” (Reported by Abu Dawud)
Deception and choice:
Allah’s Messenger
(peace be upon him) said:
“Both
parties in a business transaction have a right to annul it as long as they
have not separated; and as long as they tell the truth and make everything
clear they will be blessed in their transaction. If they conceal anything and
lie, the blessing on their transaction will be blotted out.”
(Reported by Al-Bukhari and Muslim)
The Messenger of Allah
(peace be upon him) also said:
“Muslims
are on (i.e. stick to)
their conditions.”
(Reported by Al-Bukhari)
He (peace be upon him)
also said:
“When
you enter into a transaction you should say: There should be no deception.”
(Reported by Al-Bukhari and Muslim)
He (peace be upon him)
also said:
“That
who deceives is not of us.” (Reported
by Muslim)
Ibn `Umar (may
Allah be pleased with him) narrated:
“The
Messenger of Allah (peace be upon him) had prohibited deception in
transactions.” (Reported by Al-Bukhari
and Muslim)
He (peace be upon him)
also said:
“Do
not keep camels and sheep unmilked for a long time, for whoever buys such an
animal has the option to milk it and then either to keep it or return it to
the owner along with one Sa` of dates.”
(Reported by Al-Bukhari and Muslim)
