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230. Question: What is incumbent upon the accountable Muslim before he engages himself in any matter?

Answer: The accountable Muslim has to avoid engaging himself in any matter unless he learns about what Allah deemed halal or haram of it. Undoubtedly, we have to fulfill what Allah made incumbent upon us.

 

231. Question: Who is the truthful merchant?

Answer: The truthful merchant is the one who does not surpass the assigned limits and suppresses himself to perform the contracts according to what Allah has ordered. The prophet, salla-l-lahu ^alayhi wa sallam, said:

"التاجر الصدوق يحشر يوم القيامة مع النبيين والصديقين والشهداء"

The truthful merchant will be assembled on the Day of Judgment with the prophets, highly righteous and martyrs (at-Tirmidhiyy).

 

232. Question: Why one has to exert extra caution and due diligence when performing the marriage contract?

Answer: Marriage contract needs one to exert extra caution and due diligence to evade the consequences of an invalid marriage contract. Such a thing renders the marriage invalid, the relationship between the man and woman zina (fornication), the children born ill-legitimate and the like.

 

 

Buying and Selling, Ar-Riba and Distributing the Inheritance

Allah ta^ala said: {وأحل الله البيع وحرم الربا}This ayah means: Allah permitted transacting the Islamically specified buying and selling, but prohibited ar-Riba.

Our master ^Umar, radiya-l-lahu ^anhu, said: "لا يقعد في سوقنا من لم يتفقه"The one who did not acquire the knowledge of Fiqh of dealings cannot transact in the market of Muslims (al-Bayhaqiyy).

 

233. Question: Speak about ar-Riba.

Answer: Ar-Riba is haram and that it is being haram is known by necessity among the Muslims. It is haram to deal with, benefit from, write and witness the contract of riba. The worse type of ar-Riba is the riba due to a loan (Riba-l-Qard). The riba due to a loan is every loan whose contract stipulates an interest either to the lender alone, or to the lender and the borrower.

 

234. Question: Speak about selling one of an-naqdayn with the other nasi’ah(نسيئة). What is an-naqdayn? What is the meaning of nasi’ah?

Answer: An-naqdayn is gold and silver. An-nasi’ah is to mention to postpone the payment even for a moment.

It is haram to sell gold or silver with either gold or silver stipulating nasi’ah. Hence, it is haram to sell gold with silver, gold with gold or silver with silver with mentioning a due date. For example, one cannot say: I now sell you this gold with this much silver and you deliver me the silver after a moment or more. This is nasi’ah.

Also, it is haram to sell food for food nasi’ah. For example, it is haram to sell wheat for barely with the stipulation of postponing the payment.

 

235. Question: When is it haram to sell without exchanging the merchandise and payment?

Answer: It is haram to sell one of an-naqdayn (gold or silver) with the other or with one of its type without exchanging the gold or silver. This takes place when the buyer and seller leave each other without exchanging the merchandise and payment.

Likewise, it is also haram to sell food for food without exchanging the food.

 

236. Question: Speak about Riba-l-Fadl(الفضل).

Answer: Riba-l-Fadl is to sell gold with gold, or silver with silver (but not gold with silver), without the two weights being equal. That is, one of the weights is not equal to the other. Similarly, selling one type of food with the same type of food without the two volumes or weights being equal, is riba.

 

237. Question: Speak about selling meat with livestock.

Answer: It is haram to sell meat with livestock. This is like selling a live lamb with some beef, for example.

 

238. Question: Speak about selling a debt with a debt.

Answer: Selling a debt with a debt is haram. For example, Ahmad owes a debt against Zayd. Ahmad may not sell it to ^Amr for a price which ^Amr will pay after a month.

 

239. Question: Speak about selling what one did not receive or did not see.

Answer: It is haram to sell what one did not receive. Receiving the merchandise takes place when it is transferred, if the merchandise is transportable, while for a dress, e.g., and the like when the dress is handed in.

Similarly, it is haram to sell what one did not see or what was not described to the person in full.

 

240. Question: Is it required for the validity of the contract to conduct it verbally?

Answer: Some of the scholars of Fiqh said that specific verbal statements are required for the validity of the contract. Some others waived this condition and considered the mutual acceptance to be sufficient even if there was no verbal communication between the parties.

 

241. Question: What is the judgment on the selling of an outsider?

Answer: It is haram for the outsider who is not an owner, or a caretaker, or is not delegated or authorized to deal to sell the item in question. Such a selling is not valid.

 

242. Question: Speak about dealing with the unaccountable.

Answer: It is not valid to deal with the unaccountable, like the insane and the boy. It is invalid to sell to or buy from the unaccountable. Some imams have permitted the selling by and to the boy who is mumayiz if his guardian permits that.

 

243. Question: Speak about selling what has no benefit in it.

Answer: It is haram to sell what has no benefit in it like snakes, scorpions and ants.

 

244. Question: Speak about selling what one cannot deliver.

Answer: It is not valid to sell what one cannot deliver like the lost horse.

 

245. Question: Speak about selling what cannot be owned by one.

Answer: It is haram to sell what cannot be owned by one like the free person, and the dead land, if one did not prepare it properly.

 

246. Question: Speak about selling the unknown.

Answer: It is not valid to sell the unknown such as to say: I sell you one of these two dresses with such and such without specifying which one of the dresses he is selling.

 

247. Question: Speak about selling the najas and the intoxicant.

Answer: It is not valid to sell the najas like blood and urine and the intoxicant like alcohol. The prophet, salla-l-lahu ^alayhi wa sallam, said: If Allah prohibited something from being eaten, He also prohibits benefiting from dealing with it (Abu Dawud).

 

248. Question: Speak about selling the haram thing.

Answer: It is haram to sell any haram thing like the guitar and the flute. It is also haram to sell anything which is halal and tahir to the one whom you know will disobey Allah with it.

 

249. Question: Speak about selling the defective thing.

Answer: It is haram to sell the defective thing without showing its defects. The prophet, salla-l-lahu ^alayhi wa sallam, said what means: "The one who cheats the Muslims is not abiding by the Islamic Law which the Muslims follow" (Sahih Muslim).

 

250. Question: When is it permitted to distribute the inheritance of the deceased?

Answer: It is not permitted to distribute the inheritance of the deceased or to sell any portion of it unless his debts are paid and the items of his will are fulfilled. Moreover, the expenses of performing hajj and ^umrah on his behalf has to be satisfied, in case it was incumbent upon him to perform them but he did not do so. It is permitted, however, to sell portions of the inheritance in order to cover the expenses of the things mentioned above.

 

251. Question: Speak about weakening the desire of the buyer or the seller.

Answer: It is haram to weaken the desire of the buyer or the seller- after the price has been agreed upon- propounding to buy from the seller or to sell to the buyer. For example, a person has agreed with another to sell him an item with a specific price. It is haram for a third person to weaken the desire of the buyer by saying to him: I will buy the item with a higher price. Breach the contract! It is more prohibited to perform this deed after the contract has already been finalized and during the period of choice, i.e., when the two parties still have the choice to cancel the contract.

 

252. Question: What is the meaning of monopolizing the food Islamically?

Answer: Islamically, it means to buy the food when it is expensive and needed and with the intention to stockpile it and sell it later on with a higher price. Such a deed is haram.

 

253. Question: Speak about selling by the auction.

Answer: Selling by the auction is permissible. It becomes haram if the owner of the goods conspires with another person to bid during the auction. This deed is haram, because it is haram to raise the price of the merchandise to allure the buyers.

 

254. Question: Speak about cheating.

Answer: It is haram to cheat or lie in measuring articles by weight, arm-length, volume or count. The prophet, salla-l-lahu ^alayhi wa sallam, said what means: "The one who cheats the Muslims is not abiding by the Islamic Law which the Muslims follow" (Sahih Muslim).

 

255. Question: Give examples about a loan that draws a benefit.

حديث: كل قَرضٍ جرّ منفعة فهو ربا.

Kullu Qardin Jarra Manfa^ah Fahuwa Riba

Answer: The following are examples on such a contract: To lend money to the buyer of cotton, e.g., with the condition that he raises the price of the goods for the sake of the loan. Such a contract is haram. Similarly, it is haram to lend money to the tailor, or other contractors, stipulating to hire him with a rate less than that of a corresponding contractor; such a rate is lowered for the sake of the loan. Moreover, it is haram to lend money to the farmers while stipulating that on the time of harvest they will sell him their food below than the market price. This is called al-maqdiyy and is haram.

 

256. Question: Who is the person from whom one seeks the Islamic Knowledge?

Answer: The one who is seeking the blessings of Allah ta^ala and the safety of his religion and his life has to learn what is lawful and unlawful. He or She has to learn from a knowledgable ^alim teacher who is God-fearing, sincere and caring about his religion. Al-imam, al-mujtahid, and the student of the companions, Muhammad Ibn Sirin, radiya-l-lahu ^anhu, said: The Knowledge of the Religion is a part of the Religion. Look then from whom you are acquiring your religion (narrated by Muslim in the introduction of his sahih).

 

Allah knows best.