Fiqh

MUAMILAAT -> Buying And Selling

INTRODUCTION
- 1. When a person says: "I have sold this item for so much" and another person says: "I have bought it", that item will be sold and the person who purchased it will be its owner. If the seller decides not to sell or the purchaser decides not to buy it, they will not be able to do so. The former will have to hand it over and the latter will have to accept it. This act of selling an item is known as a sale.
  2. A person says: "I have sold this item to you for Rs. 2." The other person replies: "I accept", "I am happy with that price" or "Okay, I've taken it." By replying in any of these ways, the item will be sold. Now, neither does the seller have the choice of not handing over the item nor does the buyer have the choice of not purchasing it. However, this rule will only apply when this conversation takes place between both parties in one place or in one sitting. If one of them says: "I have sold this item to you for Rs. 4" and the other person remains silent on hearing this price, stands up from his place, goes away to buy the item from someone else or goes away for some other reason, and in carrying out all these actions he changed his place and then he replies: "Okay, I'll buy it for Rs. 4", in such a case that item will not be considered to be sold. However, if thereafter, the seller, grocer, etc. says: "Okay, I give it to you" or "Okay, take it", in such a case it will be sold.
    
    Similarly, if the seller, grocer, etc. stands up or goes away for some other work, and the buyer says: "Okay, I've taken it", even then it will not be regarded as sold. In short, if both the parties reach an agreement in one place, only then will theitem be considered to be sold.
  3. A person says: "Give me this item for Rs. 1." The other person replies: "I've given it." In saying this, the sale will not take place. However, if thereafter, the buyer again says: "I've taken it", it will be sold.
  4. A person says: "I am taking this item for R1" and the other person replies: "Take it"; the sale will take place.
  5. After checking the price of an item, a person handed the money to the seller and took the item away. The seller accepted the money happily. The seller did not say anything verbally as to how much he is selling the item nor did the buyer say that he is buying it. In such a case, by merely taking an item and handing over the money for it, the item is considered to be sold and the sale is valid.
  6. A hawker came selling guavas. Without asking him anything, the person took out four big guavas from his basket and placed Rs. 1 in the hawker's hand. The hawker accepted this money happily. This sale is valid irrespective of whether they uttered any words or not.
  7. A person said: "I am selling this string of pearls for R10." The buyer replied: "I've taken five from the string of pearls" or "I've taken half the string of pearls." As long as the seller does not agree, the sale will not take place. This is because, he offered the entire string of pearls for sale and as long as he does not agree, the buyer does not have the right to buy a part of it and leave out the other part. If she wishes to purchase it, she will have to buy the entire string. However, if the seller says: "I am selling each pearl for R1", and the person says that he has taken five pearls, then five pearls will be considered to be sold.
  8. A person is selling four different items and says that he is selling the lot for R4. Without obtaining his agreement, the buyer cannot purchase one or two items and leave out the others because he wishes to sell all the items together. But if the seller gives the price of each item individually, it will be permissible for the buyer to purchase one or two items and leave out the rest.
  9. When buying and selling an item, it is also necessary to show the item properly and spell out the terms clearly. The seller should abstain from speaking in vague terms which could result in problems and arguments. Similarly, the price has to be clearly laid down and agreed upon. Even if one of these factors is not made clear and agreed upon, the sale will not be valid.
  10. A person purchases an item with money. The seller says: "Hand the money over to me first and then I will give you the item." The buyer replies: "Hand the item over to me first and then I will give you the money." In such a case, the money will have to be given first and then only will the item be given to the buyer. The seller has the right to refuse to hand over the item until he receives the money for it.
    
    However, if he purchases an item in return for another item, changes money in return for money or a person purchases clothing in return for clothing, and in all these cases this sort of argument takes place, then each one will be asked to place his hand on the others hand and then the exchange will take place.
FINDING OUT THE PRICE OF AN ITEM
- 1. A person closed the palm of his hand and says: "Give me that particular item for whatever money is in my hand." And it is not known what is in his hand; whether he has dollars, rands, cents, a gold coin; whether he has one, two or many. Such a transaction is not permissible.
  2. In a certain city, two different currencies are in vogue. The person will have to inform the seller that he intends buying a particular item with a particular currency. If the person does not inform him and says that he is selling a particular item for a particular price and the buyer says he will take it, then we will have to see which currency is more in use in that place. The currency that is more in use will have to be given as payment. If both the currencies are used equally, the transaction will not be valid and will be fasid, i.e. imperfect.
  3. A person has some money in his hand, he opens his hand, shows it to the seller and asks him to sell him a particular item for all that money. The seller saw the money in his hand and handed over the item but did not know the exact amount of money that was in the buyer's hand. This transaction is valid.
    
    Similarly, if the buyer places a heap of money before the seller on a mat, etc. and the latter agrees to sell him the item for that heap of money, the sale is valid even if he does not know the exact amount kept before him.
    
    In short, once the seller sees the money, it is not necessary to tell him how much money there is. But if he does not see the money with his own eyes, it is necessary to specify the exact amount. A person says: "I will take this item for 10 coins." If in such a case, he does not specify the total amount of money and the matter is not settled, this transaction will not be valid.
  4. A person says:
    1. Take this item, what is the need to agree on a price? Whatever the price will be, I will collect it from you. How can I take extra from you?
    2. You can take this item away. I will find out the price from home and let you know later.
    3. Someone else had taken a similar item. You can pay me whatever that person had paid.
    4. Pay me whatever you wish, I will not refuse it. I will accept whatever you give me.
    5. Find out the price in the bazaar and then pay me whatever the market price is.
    6. Go and show this item to a certain person and you can pay me whatever he quotes you.
    The transaction will be invalid in all the above instances. However, if the price of the item is made known at that very place and the cause which had made the transaction invalid is no more found, the transaction will become valid. If the price was made known after there was a change in their places, then the first transaction will be invalid. However, once the price is made known, they can recommence the transaction.
  5. There is a particular shopkeeper from whom one orders whatever one needs and the goods are delivered to the person's home. Today he might order some betel nut, tomorrow he might order some catechu (a vegetable extract eaten with betel leaves), some other day he might order a few coconuts, etc. and when purchasing these items he did not bother to ask about the price and thought to himself that whenever the account comes he will pay whatever he has to pay. Such a transaction is permissible.
    
    Similarly, a person sent a prescription to a chemist requesting for some medicine but did not ask for the price thinking to himself that once he recovers from his sickness he will go and pay whatever he is owing. This is also permissible.
  6. A person has got Rs. 1 in his hand and says: "I am buying this item for this R1." He has the choice of giving that same R1 or he could take out another R1 and hand it over to the seller. The only condition is that it must not be counterfeit.
  7. A person purchased an item for R1. He has the choice of giving a R1 coin, two 50c coins, five 20c coins, etc. As long as they total Rs.1, the seller cannot refuse to accept that money. However, if the person does not give such coins but gives 1c and 2c coins, the seller has the right to accept or refuse. If he does not wish to accept any coins, the buyer will have to pay in notes.
  8. A person sold a writing case or a suitcase. The key for both these items will also be considered to be sold. He cannot charge separately for the key of the writing or suit case nor can he withhold the key.
HAVING KNOWLEDGE OF THE ITEM THAT IS TO BE PURCHASED
- 1. When purchasing dry groceries, seeds, etc. a person has the choice of purchasing it after having it properly weighed or he could say: "I am buying a certain amount of wheat for R1." Alternatively, he could purchase it as it is (i.e. without having it weighed nor specifying any amount) and say: "I am buying this heap of wheat for R1." No matter how much of wheat may be in that heap, all will belong to him (once he purchases it).
  2. When purchasing, mangoes, guavas, oranges, etc. one has the choice of purchasing them by merely counting them or purchasing them in heaps. If a person purchases all the mangoes that are in a basket for R2 without knowing how many there are in it, the transaction will be valid. All the mangoes will be his irrespective of how many come out from that basket.
  3. A woman came around selling fruit. The person said to her: "Give me some fruit equal to this brick in weight for R1." The woman agreed to sell the fruit by using the brick as a weight. However, none of them know the weight of the brick itself. Despite this, the transaction will be valid.
  4. A person purchased an entire basket of mangoes, guavas, oranges or any other fruit for R100 on the condition that there are 400 mangoes (or whatever other fruit there may be) in that basket. When the mangoes were counted, there were only 300. The person purchasing the mangoes has the choice of taking them as they are or not buying them. If he buys the entire basket, he does not have to give R100. Instead, he will have to pay for only 75% of the total amount. If there are 350 mangoes, he will have to pay for 88% of the total amount. In short, the fewer the mangoes, the lesser he will have to pay.
    
    If, after counting, more than 400 mangoes come out, the balance will belong to the seller. The buyer does not have the right to take more than 400. But if the buyer purchases the entire basket without specifying how many there are, then whatever number comes out will be his; whether they are more or less.
  5. A person purchased a head-covering which is made of such a fabric that if a part of it is torn, the entire garment will become spoilt and useless. At the time of purchasing it, the person made this condition that it is 3 metres in length. When it was measured, it turned out to be less than 3 metres. In such a case, the price of this fabric will not be reduced. Instead, the buyer will have to pay the full price that had been agreed upon. However, in such a case, the only concession that they will have is that despite their agreeing on a price, the buyer has the right to take the item or leave it. If more than 3 metres are found in that length of fabric, it will belong to the buyer. He does not have to pay any additional amount of money for it.
  6. A woman purchased two silk belts at night. The following morning she noticed that one of the belts is made of cotton. The transaction with regard to both these belts is not permissible; neither the one made of silk nor the one made of cotton. Similarly, if a person purchased two rings on the condition that they are made of turquoise, and later he learns that one of them is not made of turquoise but of something else, the transaction with regard to both is not permissible. If the person still wishes to purchase one of the two or both of them, then the method of doing this is that they should commence the transaction all over again and thereafter the buyer can purchase whichever one he wants.
PURCHASING ON CREDIT
- 1. It is permissible to purchase an item on credit. However, it is necessary to specify a period of time, i.e. you will pay the amount after 15 days, after one month or after four months - whatever the case may be. If a person does not specify any period but merely says: "I don't have the money now, I will pay you later", this has two aspects to it: (i) He says: "I will purchase this on condition that I will pay you later." In such a case the transaction will be invalid (faasid). (ii) If the person does not include this condition in the actual transaction, but after purchasing it he says: "I will pay you later", this will be permissible.
    
    If he did not mention anything within the transaction nor anything after the transaction, the sale will be valid and in both these instances he will have to pay cash for the item. If the seller gives on credit on his own accord, it will be permissible. But if he asks for the money immediately, the person will have to give it.
  2. At the time of purchasing an item a person says:
    1. Give me that item, once I get my money I will pay it to you.
    2. When my brother comes, I will pay you.
    3. Once the orchard bears its fruit, I will pay you.
    4. Alternatively, the seller says: "Take the item now, and you can pay me whenever you wish.
    In all these cases, the transaction will be invalid. One has to specify a period of time and then purchase the item. If the person purchases the item and then says any of the above, the transaction will be valid and the seller has the right to ask for the money immediately. The exception is that the seller cannot demand for the money before the orchard can bear its fruit.
  3. When paying in cash, the price of 200 grams of wheat is R1. But if the person buys on credit, he receives only 150 grams. This transaction is valid on the condition that the buyer is informed of this at that very time.
  4. The above rule applies when the seller asked the buyer whether he is going to pay cash or take it on credit. When he replied that he is going to pay cash, the seller gave him 200 grams. And when he said credit, the seller gave him 150 grams. But if the seller says: "If you pay cash, this will be the price, and if you take it on credit, this will be the price", then such a transaction will not be valid
  5. A person purchased an item after promising to pay for it after one month. On the expiry of one month he went to the seller and told him that he must give him a respite for another 15 days, after which he will pay him his money. If the seller agrees, it will be permissible. However, he also has the right to demand the money immediately.
  6. Once the person has the money, it is not permissible to delay in paying. He cannot say: "I won't give you today, I'll give it to you tomorrow", "Don't come to collect it now, come at such-and-such time", "I don't have change now, once I get some change I will pay you". All this is haram. Once the person asks for the money, you should make the change and give him his money immediately.
    
    However, if the person purchases something on credit and promises to pay after a certain period of time, then once the time expires, it will be wajib on him to pay the money. It is not permissible to delay or make the person "run" for his money once the specified time expires. But if the person does not have the money nor was he able to obtain it from someone else, then he has no alternative but to pay it the moment he receives the money. Once he receives the money, he cannot delay in fulfilling his debt.
KHIYARUSH SHART - THE RIGHT TO RETURN GOODS
- 1. At the time of purchasing an item, a person says: "I have the right to take or return this item within one day, two days or three days. If I wish, I will keep it, if not, I will return it to you." This is permissible. He has the choice of returning the item within the period that he specifies or of keeping it.
  2. A person says: "I have the right to take or return this item within three days." Three days expired and this person did not say anything nor did he return it. He will now have to take that item. He does not have the right to return it. However, if the seller permits him to do so, it will be permissible. He cannot return it without obtaining the consent of the seller.
  3. It is not permissible to make such a condition for more than three days. If a person makes a condition for four or five days, we will have to see whether he makes a decision within three days or not. If he returns the item within three days, it will be considered to be returned. If he decides to keep it, the transaction will be valid. If three days pass without knowing whether he is going to keep the item or return it, the transaction will become invalid.
  4. Similarly, the person selling the item also has the right to say: "I have the choice of taking my item back within three days." This is also permissible.
  5. At the time of purchasing an item, a person says: "I have the right of returning this item within three days." The next day he comes and says: "I have decided to keep this item and I am not returning it." Once he says this, his right will be forfeited and he cannot return that item. In fact, even if he goes to his own house and says that he has decided to keep that item, his right will be forfeited. When a person wishes to cancel his transaction or return the item, he will have to do it in front of the seller, he cannot do it behind his back or in his absence.
  6. A woman says: "My mother has the right - if she says that I should keep it, I will do so, if not, I will return it." This is permissible. This woman or her mother can return the item within three days. If this woman or her mother come and inform the seller that she has decided to keep the item, this right will now be forfeited and the item cannot be returned.
  7. A person takes two or three pieces of cloth and says: "I have the right for three days. Whichever one I like, I will pay R10 per piece and keep it." This is permissible and he can select one piece of cloth within three days. But if the person takes four or five pieces of cloth (i.e. more than three) and says that he will select one from them, this transaction will be invalid.
  8. A person had stipulated the right to return the item within three days. Thereafter, he began using it at home, e.g. if it is something that is used to cover himself, he began covering himself with it. If it is something that is worn he began wearing it. If it is something to lay out, he began laying it out. In all these cases, the right to return the item will now be forfeited.
  9. However, if a person uses an item merely to see whether it is suitable or not, e.g. a woman purchases a dress, sheet or carpet. Thereafter, she puts on the dress to check whether it fits her well or not and removes it immediately thereafter, wraps the sheet around her to check whether its length and width is suitable or not, or spreads the carpet to see whether its length and breadth is suitable or not. In all these cases, she still has the right to return these items if she wishes to do so.
PURCHASING AN ITEM WITHOUT SEEING IT
- 1. A person purchases an item without having seen it. This transaction is valid. However, once he sees the item, he has the right to return it or keep it. This is irrespective of whether there is any defect in the item or not. Even if the item is exactly as he had envisaged it to be, he still has the right to return it or keep it.
  2. A person sold an item without even looking at it. This person who sells the item does not have the right to take it back after he sees it. Only the buyer has the right of returning an item after seeing it.
  3. A hawker came selling peas. The top of the heap had all good quality peas. Upon seeing this, the buyer bought the entire basket of peas. However, the peas that were in the bottom of the heap were of an inferior quality. He still has the right to return them. However, if all the produce is of the same quality, it will be sufficient to see a few. Once he does this, he forfeits the right to return them irrespective of whether he sees all the produce or not.
  4. A person bought guavas, pomegranates, coconuts or anything else which is generally not all the same. As long as the person does not see all the fruit, he will have the right to return them. By his seeing a few of the fruit, he does not forfeit the right to return.
  5. If a person purchases something that is to be consumed (either by eating it or drinking it), he does not forfeit his right to return by merely seeing it. He should also taste it. If he does not like it, he has the right to return it.
  6. A person had seen an item long ago. He purchased it today but did not look at it at the time of purchasing it (thinking that there is no need to do so since he had seen it previously). When he took it home, it was exactly as he had seen it a long time ago. After seeing it, he does not have the right to return it. However, if, after seeing it after so long, he notices some difference in it, he has the choice of keeping it or returning it.
DEFECTS IN AN ITEM
- 1. When selling an item, it is wajib on the person to show all the defects that may be found in it. It is haram to conceal the defects and to convince the person into buying such an item.
  2. After purchasing an item, a person noticed a defect in it, e.g. a woman notices that a cloth has been eaten up, a shawl has some moths in it or she notices any other defect. She now has the choice of keeping the item as it is, or returning it to the seller. However, if she decides to keep it, she will have to pay the full price of the item. It is not permissible for her to reduce an amount from the total price as a compensation for the defect. But if the seller agrees to reduce the price because of the defect, it will be permissible for her to pay less.
  3. A person had purchased some fabric and kept it aside. A child ripped off a corner of that fabric or cut it with a pair of scissors. Thereafter, he noticed that it is damaged from the inside as well and that a rat has eaten it at several places. The person cannot return this item because one additional defect took place at his house (i.e. when the child had cut it). However, he can have the price reduced as a compensation for the defect that took place at the shopkeeper's place (i.e. the several places that had been eaten by a rat). People who know the value of the item should be asked to estimate its present value and the price reduced accordingly.
  4. Similarly, if a defect is noticed after a fabric has been purchased and already cut, it cannot be returned but the price will be reduced. However, if the seller says: "Return the cut fabric and take a full refund, I am not going to reduce the price", he has the right to ask for it and the buyer cannot refuse to return it.
    
    If the fabric has been cut and also sewn and thereafter a defect is noticed, the price will be reduced as a compensation for the defect. In such a case, the seller cannot take his fabric back.
    
    If the buyer sells that fabric or cuts it with the intention of sewing something for her immature child and at the same time making a firm resolution of giving it to the child, and thereafter a defect is noticed, then the price cannot be reduced. But if she cut it with the intention of sewing something for her mature child, the price can be reduced.
  5. A person purchased eggs and paid a certain price per egg. When the eggs were broken, all of them turned out to be rotten. The buyer can take all his money back and it will be regarded as if he did not purchase the eggs at all. If a few turn out to be rotten, he can claim the money for those that are rotten.
    
    If a person purchases several eggs which have all been priced together (i.e. he does not pay a certain price per egg), then we will have to see how many rotten eggs come out from the entire lot. If five or six eggs are rotten out of a total of 100 eggs, it will not be considered. But if more than this turns out to be rotten, he can claim the money for those that are rotten.
  6. A person purchased cucumbers, sweet-melons, water-melons, pumpkins, almonds, walnuts, etc. When they were cut open or broken open, he noticed that they are rotten. In such a case, check whether they could be used, or they are so bad that they are absolutely useless and have to be thrown away. If they are absolutely useless, this transaction will not be valid and the person must claim all his money back. But if they can be used in some way, he must pay the market value of such items. The full price will not be paid.
  7. If, out of 100 almonds, four or five are rotten it will not be considered. But if more than these turn out to be rotten, the person has the choice to reduce the price accordingly.
  8. A person purchased 150 grams of wheat for R1 or 100 grams of ghee for R1. A portion of both these items was good, while the balance turned out to be bad. It is not permissible to keep the good and return the bad. If he decides to keep them, he will have to keep all. And if he decides to return them, he will have to return all. However, if the seller agrees to take back all the bad and give you the good, it will be permissible to do so. The buyer cannot do this without the consent of the seller.
  9. When there is any defect in an item, the person will only have the right to return it when it is established that there is no indication that the person is happy about taking the defective item. However, once a person agrees to purchase an item after seeing the defect, he does not have the right to return that item. But if the seller takes it back happily, it will be permissible. For example, a person purchased a goat or cow. When he went home with it, he realized that it is sick or there is a wound on its body. Once he notices this defect and expresses his consent and says to himself: "Well, it's okay. I've bought a defective animal", he will no longer have the right to return it. If he does not say anything verbally, but carries out certain actions which show that he is satisfied with the animal, then too will he no longer have the right to return it. For example, if he starts treating its wound and gives it some medication, he will no longer have the right to return it.
  10. A person purchased goat's meat. When he went home, he realized that it is the meat of a sheep. He has the right to return it.
  11. A woman purchased a pearl necklace or some other jewellery and also wore it at some time or the other. Alternatively, she purchased a pair of shoes and began walking around with it. Now she cannot return these items if she finds any defect in them. However, if she wears the shoes in order to check whether they fit her properly and that she does not experience any discomfort by wearing them, there will be no harm in wearing them for a little while in order to test them and she still has the right to return them if she wishes to do so.
    
    Similarly, if a person purchases a flat-couch (refers to a flat wooden type of bed) or bed and lays them down out of necessity or begins to offer salah on that couch or uses the bed in some way or the other, he will no longer have the right to return the bed or couch. Other items could be understood in the same manner. That is, once they are used for any purpose, they cannot be returned.
  12. At the time of selling an item, a person said: "You better check it properly before you buy it. Later if you find any defect in it, I will not be responsible." Despite the seller saying this, the person purchased the item. Later, he cannot return it irrespective of how many defects it may have. It is permissible for the seller to sell an item in this manner and it is no longer wajib on him to show the defect that may be in the item.
INVALID AND IMPROPER TRANSECTIONS
- 1. A transaction which is not considered in the Shariah, which is regarded as useless, and regarding which one will say that it is as if the person did not even purchase the item and the seller did not even sell it, is referred to as batil or invalid. The rule with regard to such a transaction is that the person who purchased the item does not become its owner and that it is still considered to be under the ownership of the seller. Therefore, it is not permissible for the buyer to consume it or to give it to anyone. It is not permissible for him to utilise it in any way.
    
    As for the transaction which has taken place but some sort of shortcoming is found in it, is referred to as fasid or improper. The rule with regard to such a transaction is that as long as the item does not come into the possession of the buyer, ownership of that item will not be transferred to him. Once he takes possession of it, it will come under his ownership but it is not halal and tayyib. Therefore, it is not permissible for him to consume it or utilise it in any way. Instead, it is wajib to cancel or annul this transaction. If the person wishes to keep it, he must recommence the transaction and then purchase it. If the person did not cancel this transaction and instead, sold the item to someone else, he will be committing a sin. However, it will be permissible for the second buyer to consume it or utilise it in any way and this second transaction will be valid. If the person sold it at a profit, it will be wajib on him to give the profits in charity. It is not permissible for him to use it for his personal purposes.
  2. The custom of selling the fish that is in the lakes or pools of landlords is a batil transaction. All the fish that are in these lakes and pools do not belong to anyone as long as they are not caught and fished out. The person who catches the fish becomes its owner. Once you have understood this aspect, now try and understand the following: if the landlords do not even own those fish, how can it be permissible for them to sell them? Obviously, if the landlord catches the fish himself and then sells it, this will be permissible. If he asks someone else to catch the fish, that person will become its owner. The landlord has no right over the fish which has been caught by that person. In the same way, it is also not permissible for him to prevent people from fishing there.
  3. Grass began growing on its own on a person's land. He did not plant it nor did he irrigate it. This grass does not belong to anyone. Anyone can come and cut it and take it away. It is not permissible for the owner of the land to sell it nor is it permissible for him to stop anyone from cutting it. However, if the person irrigated it and put some work into it, it will come under his ownership. Now it will be permissible for him to sell it and to stop others from cutting it as well.
  4. The young of an animal that is still in the womb of the mother cannot be sold before it is born. Such a transaction is batil. However, it is permissible to sell the entire animal. But if the owner says: "I am selling this goat to you but the kid that is in itswomb belongs to me. Once it gives birth to that kid, you will have to give it to me", then such a transaction is fasid.
  5. The milk that is still in the udders of an animal cannot be sold before it can be milked. Such a transaction is batil. The owner will have to milk the cow first and then sell the milk. Similarly, it is prohibited and batil to sell the wool that is on a sheep before it can be sheared.
  6. It is not permissible to sell the timber, wood, etc. that is part of the house or roof before removing or digging these items out.
  7. It is not permissible to sell the hair, bones, etc. of humans. Such a transaction is batil. It is also not permissible to utilise these things for one's personal purposes.
  8. Apart from pigs, the bones, hair and horns of dead animals are pure. It is permissible to use them and to sell them as well.
  9. You purchased a goat or any other item for R5 from someone, took possession of it, took it home and had it tied. However, you did not pay for it as yet. Coincidentally, you are unable to pay for it or you decided not to keep it any longer. You therefore went to the person and said: "Take this goat back for R4 and I will give you R1 separately." This selling and this taking away will not be permissible. As long as the person does not give him the full amount in cash, it will not be permissible to sell it to him for a lesser price.
  10. A person sold his house on the condition that he will not hand it over immediately. Instead, he will stay in it for one month. Alternatively, he sold it on the condition that the buyer gives him a certain amount of money as a loan. Or a person purchased fabric on the condition that the person who is selling it must cut and sew it. Or he made the condition that he will purchase it on condition that it is delivered to his house. Or he made any other similar condition which is regarded as baseless and prohibited in the Shariah. In all these cases, the transaction will be fasid.
  11. A person purchased a cow on condition that it gives four litres of milk. This transaction is fasid. However, if he did not specify any amount but merely made the condition that this cow gives a lot of milk, the transaction will be permissible.
  13. If you purchased dry groceries, oil, ghee, etc. for a certain amount per kilogram, the seller could have given you these items in any of the following three ways:
    1. He weighed these items in your presence or in the presence of the person whom you sent.
    2. He did not weigh them. Instead, he asked you to go home and told you that he will send the items to you.
    3. The items were already weighed and kept aside and when you asked for them, he merely picked them up and gave them to you without re-weighing them.
    The rule with regard to (a) is that once you bring the items home, you do not have to weigh them. You can eat them, drink them, use them, sell them, and do whatever else you like without having to re-weigh them. All this is permissible and valid. The rule with regard to (b) and (c) is that as long as you do not weigh them yourself, you cannot consume them, you cannot sell them nor can you use them in any way. If you sell them without weighing them, the transaction will be fasid. Even if you weigh them after this, the transaction will not be proper.
  14. Before he could sell you these items, he weighed them and showed them to you. Thereafter, you purchased them but he did not re- weigh them. In such a case, it is necessary for you (the buyer) to re-weigh them. You cannot consume them or sell them without re-weighing them. Although he weighed them and showed them to you before you could buy them, this weighing of his will not be considered.
  15. All items apart from land, properties, houses, etc. cannot be resold as long as the buyer does not take possession of them after buying them.
  16. A person purchased a goat or any other item. After a few days another person comes and says that the goat actually belongs to him. Someone had taken it away and sold it to you without it belonging to him. If this person can substantiate his claim with two witnesses in the presence of a Shar'i judge, the goat will have to be given to him once the judge passes judgement in his favour. This person (who had purchased the goat) cannot claim the money from him. Instead, he can claim the money from the person from whom he had purchased the goat.
  17. A fowl, goat or cow died. It is haram to sell that animal. Such a transaction is batil. In fact, it is not even permissible to give this dead animal to the toilet-cleaners and tanners for their consumption. However, if you give it to the toilet-cleaner or tanner for throwing away and he picks it up and eats it, there will be no blame on you. It is permissible for you to have the animal skinned, it's skin treated and tanned and thereafter to sell it or use it for your personal purposes.
  18. Once a person decides to purchase an item, has it weighed, agrees on a price and the seller also agrees to sell it at a particular price, it will not be permissible for someone else to come and bid a higher price and take it away. Similarly, it is not permissible for another person to say: "Don't buy from him. I will give it to you at a better price."
  19. A hawker sold four guavas to you for R1. Another person bargained with him and got five guavas for R1. On seeing this, you have no right to ask him for one more guava. It is not permissible and haram to take it forcefully. You can only take what you had agreed upon with him.
  20. A person is selling something but he does not want to sell it to you. It is not permissible to take the item forcefully and give him the money. This is because he is the owner of that item, he can sell it if he wishes. If not, he does not have to sell it. He also has the right to sell it to whomsoever he wishes. Very often, the police take things forcefully. This is absolutely haram. If any woman's husband is a policeman and he brings any item home, she must find out properly as to where he obtained it from. She must not use that item without asking him.
  21. A person bought a kilo of potatoes. Thereafter, he took a few more potatoes forcefully. This is not permissible. But if the seller gives a few more on his own will, it will be permissible to accept them. Similarly, once a price has been agreed upon and the person takes the item, it will not be permissible to give an amount less than the price that was agreed upon. If the seller happily reduces the price on his own, it will be permissible.
  22. If there is a bee-hive in a person's house, he will be regarded as its owner. It is not permissible for anyone else to break it or take it away without his permission. If a bird gives birth to some chicks in a person's house, he does not become the owner of those birds. Instead, whoever catches them will become their owner. However, it is not permissible to catch the chicks and trouble them.
SELLING AT A PROFIT OR AT COST
- 1. I purchased an item for R1. I have the right to sell this item for R1, R10, R20, R50 or at any other price. There is no sin in this. However, if the transaction was settled in a way that the buyer says: "Make a profit of 10c on the item and sell it to me", and you say: "Okay, I will sell it to you after making a profit of 10c on it", then in such a case it is not permissible for you to make a profit of more than 10c on that item. Alternatively, the buyer says: "For whatever price you purchased it, add 40c profit to it and sell it to me." Even in such a case, it will be wajib on you to quote the correct price and it will not permissible to make more than 40c profit. Similarly, if you tell the buyer: "I will sell this to you at cost and I won't make any profit from you", it will not be permissible to make any profit. It will be wajib to quote the cost price.
  2. You intend purchasing an item and you ask the seller to sell it to you at a profit of 10c. He replies: "Okay, I sell it to you at a profit of 10c." Alternatively, you say: "Sell it to me at your cost price." He replies: "Okay, give me that amount and don't give me any profit." However, in both cases, he did not tell you the cost price of the item as yet. In such a case, if he quotes you his cost price before getting up from his place, the transaction will be valid. But if he does not quote you the price at that place, and says: "Take the item now, I will check the price and inform you" or says something else, then in such a case the transaction will be fasid.
  3. After taking the item, the buyer learns that the person hadn't quoted the correct cost price and had made a profit more than what he had promised. In such a case the buyer does not have the right to give a lesser amount. If he wishes to purchase the item, he will have to pay the price that was quoted to him. However, he does have the right to return the item if he does not wish to purchase it. If the seller had agreed to sell the item at cost and had promised that he will not make any profit and thereafter quoted an amount that is more than his cost price, then he does not have the right to take more than the cost price. The buyer has the right to pay the cost price and not pay the additional amount that he had quoted.
  4. You purchased an item on credit. As long as you do not inform other buyers that you have purchased it on credit, it will not be permissible for you to sell it at a profit or at cost (if mention of the cost price is made at the time of sale). Instead, you should inform them that you purchased the item on credit. In so doing, it will be permissible for you to sell it at cost or at a profit. However, if you do not make any mention of your cost prices, it will be permissible for you to sell it at whatever price you wish.
  5. You purchased a cloth for R100. Thereafter, you had it dyed at a cost of R4. Alternatively, you had it washed or sewn for R4. It will now be understood that you acquired it for R104. It will now be permissible for you to mention its cost price as being R104 and thereafter to make your profit on this amount. However, you should not say that you purchased it for R104. Instead, you should say that it landed you at R104 so that it is not regarded as a lie.
  6. You purchased a goat for R100. You kept it with you for one month and it cost you R10 to feed it in this one month. It will be permissible for you to quote the cost price as being R110, and sell it at a profit accordingly. However, if this goat produces milk, you will have to subtract that amount accordingly as well, e.g. if it cost you R10 to feed this goat and it produced milk to the value of R5, you will have to subtract this amount from the R10 and say that this goat landed you at R105.
    
    There are many other masa'il in this regard but since women do not encounter them very frequently, we have not mentioned them. (Bearing in mind that Bahishti Zewar was originally written for women).
BAY'US SALAM OR FORWARD BUYING
- 1. Prior to harvesting or after harvesting the crops, one gives R100 to a person and says: "(After two or three months) in a certain month, on a certain day, I will take wheat in exchange for this R100 which I am giving you now." In addition to this, the person also specified the quantity of wheat that he will take in exchange for this money. This transaction is valid. He will have to give the wheat in the month and date which he had specified and at that very price which they had agreed upon. This is irrespective of whether the market value of the wheat on that specified date is more or less than the price that he had specified. Such a transaction is known as bay'us salam. In order for this transaction to be valid, there are several conditions. Try and understand them thoroughly.
    1. The type, quality, class, etc. of the wheat (or whatever other crop one is purchasing) should be clearly mentioned so that there is no dispute when taking delivery of the item. For example, he must state: "You must give me a certain type of wheat. It must not be too fine nor too coarse. It must be of a high quality and not of an inferior quality. It must not be mixed with anything else such as gram, peas, etc. It must be thoroughly dried and not wet." In short, whatever type of item he wishes to purchase, he must clearly state how it should be so that there is no dispute later. If, at that time, he did not stipulate but merely said: "You must give me wheat in exchange for this R100", then this transaction will not be permissible. Alternatively, if he merely said that he must give him some husk or rice without specifying the type or quality; then this will not be permissible.
    2. The second condition is that he must also specify the weight, that for R100 he will take 10 kilos or 15 kilos or whatever the amount may be. If the person says that he must give it to him according to the market rate at that time or that he must give 2 kilos more than whatever the market rate will be at that time, this will not be permissible. The market rate will not be considered. At the time when making the agreement, the amount must be decided upon and once the stipulated date arrives, he must take the specified amount.
    3. The third condition is that he must also specify the price that he is going to pay, i.e. he is going to take the wheat for R100 or R200 or whatever the case may be. If the person does not specify this clearly but speaks in vague terms by saying that he will take some wheat for a few rands, then this is not valid.
    4. The fourth condition is that he must pay all the money at that very time and at that very place. If they agree on the entire transaction, separate and go away, and then the person comes back to pay the money, this agreement of theirs will be invalid and they will have to recommence the entire transaction. Similarly, if the person pays R50 in cash and the balance of R50 after some time, the bay'us salam will be valid in respect of the R50 and invalid in respect of the balance R50.
    5. The fifth condition is that the person must specify the time of taking delivery which must be a minimum of one month. That he will take the wheat after one month on a particular date. It is not permissible to stipulate a period less than one month. He can stipulate more than one month irrespective of how much more it may be. However, he must clearly state the month, day and date so that there is no dispute and the person does not say that he will not give it you immediately and you demand that you want it immediately. Therefore, stipulate everything before hand. If the person does not specify the month, day and date, and instead says that once the crop is harvested you must give it, this will not be valid.
    6. The sixth condition is that the person must specify the place where he wants the wheat, either in this town or in some other town. Alternatively, he could ask the person to deliver it to his house. In short, the person should clearly state where he wishes to have the wheat delivered or collected. If the person does not specify the place it will not be valid. However, if it is an item that is light and there is no labour involved in transporting the item, e.g. a woman purchases musk or pearls, etc. then it is not necessary to mention the place. Wherever he meets the person, he can hand it over.
      
      If the bay'us salam is executed according to the above-mentioned conditions, the transaction will be valid, if not, it will not be valid.
  2. If items other than wheat and other crops are such that at the time of purchasing them they can be clearly described in order to prevent any dispute at the time of taking delivery, then bay'us salam with regard to such items will also be valid. Such items include eggs, bricks and clothes. However, all the necessary details will have to be mentioned, e.g. he will have to specify the size of the bricks, their length, their width, etc. The cloth will have to be described as to whether it is of silk, how fine or coarse it should be, etc. The eggs will have to be described as to whether they will be farm eggs or eggs produced from battery chickens, etc. In short, all the necessary details will have to be clearly mentioned so that there is no dispute later on.
  3. A person purchased five bags or five baskets of husk for R100 on the basis of bay'us salam. This transaction will not be valid because you get different sizes of bags and baskets. However, if they are able to specify and agree upon a certain size or conduct the transaction by weight, it will be valid.
  4. An additional condition for the validity of bay'us salam is that from the time that they conduct the transaction till the time that they specified for delivery of the item, that item must be available in the market and it must not become scarce. In the course of this time, if this item becomes absolutely scarce to such an extent that it is unavailable in the markets of this country and can only be obtained from elsewhere after much difficulty, then this bay'us salam will be invalid.
  5. When conducting the transaction, the person says: "After the crop is harvested, in a certain month I will take the fresh wheat or, I will take the wheat that comes from a particular farm." This is not permissible. Such a condition should therefore not be made. When the specified time approaches, the person can give the old or the fresh wheat. However, if the fresh wheat is already harvested, it will be permissible to make a condition with regard to the fresh wheat.
  6. You had agreed to take wheat to the value of R100. The specified time expired and went beyond that as well and this person did not give the wheat as yet. Nor is there any hope of receiving it. In such a case it is not permissible for you to ask him not to give you the wheat and that in place of the wheat he should give you gram, rice or something else. It is not permissible to take anything else in place of the wheat. You could either give him more time in which he could give you the wheat or you could take your money back.
    
    Similarly, if both of you annul the bay'us salam and you decide not to take the wheat and take the money back, then you cannot take anything else from him in place of that wheat. You will have to take your money back. Similarly, if the transaction becomes annulled on its own, e.g. that item has become scarce and cannot be obtained, then even in such a case you will have to take your money back. You cannot take anything else in place of the wheat. You could take your money and purchase something else with that money from him.