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Lesson 76

Trade (1)

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Main Points
 

·        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]



Evidence of Qur'an and Sunnah


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)

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)

The Prophet (SAWS) said, "Verily, selling should be based on mutual agreement." [Ibn-Majah]

The Messenger of Allah (SAWS) said, "Advance loan and sale are not lawful, and there are no two conditions in a sale, and no profit until it comes in possession, and no sale of what is not in your possession." [an-Nasa’i, at-Tirmidhi, Abu-Dawud, Ahmad]

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)

Sale annulment:

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)

The Prophet (SAWS) said, "A Muslim is a Muslim’s brother. It is not lawful for a Muslim to sell something with a defect to his brother (another Muslim) unless he shows it to him." [Ibn-Majah]

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)