Table of contents
The book of al-Buyoo' (Business Transactions):
92. Inter-dependency among the people:
93. Following trading etiquette and providing good customer services is the key to a successful business:
94. The best type of earning:
95. Alcohol business is illegal and prohibited:
96. Prohibition of pig meat:
97. Prohibition of fat of dead meat:
98. Transactions of only halal products is permissible:
99. The seller's right to determine price or setting terms and conditions:
100. Prohibition of selling dogs:
101. Permissibility of usage of tanned skin of all animals, wild and non-wild, dead and sacrificed:
102. Prostitution business is illegal and prohibited:
103. How horoscopists and palm-readers fool the people:
104. Types of terms and conditions, permissible and impermissible ones:
105. Change of mind after agreement:
106. Selling broken products/ damaged items:
107. The Mufti must quote the proof (Aayah or Hadith)
108. Agreement to false conditions does not necessitates following it:
109. The right of the ruler to constitute rules, except "permitting the prohibited" or "prohibiting the obligatory":
110. Prohibition of transactions which involve uncertainty:
111. Ruling on credit transactions:
112. Prohibited conditions and transactions:
113. Security deposit/ Earnest money is permissible:
114. Prohibition of selling a product in the place where it was bought from:
115. The current exchange rate on the day of agreement should be used to make the payment, even if later:
116. Business is done for profits, but one should not forget brotherhood:
117. Brokers and agents should not deceive the sellers:
118. Sin and oppression of evil men who take marriage as a joke, and divorce whenever they want:
119. Do not forget humanity for the sake of some wealth and profit:
119. Do not forget humanity for the sake of some wealth and profit:
120. The government should not control the price unless necessary for the protection of rights of the people:
121. Hoarding is illegal if it creates artificial scarcity of essential foodstuff:
122. Return of goods after use:
123. Misleading Advertising & Deceptive Marketing Practices:
124. Working in hotels where pork and alcohol is served:
125. Smart businessmen make use of opportunities:
126. Virtue of allowing sales returns and exchange:
127. Conditions for right to annul the agreement/ Right of breach of contract:
128. Reformation of the business affairs is need of the hour:
129. When bribery becomes riba (usury/interest):
130. Taking others money to play and squander:
131. The one who takes on rent is responsible for what he rented:
132. How to deal with the one who delays in payment of loan?
133. Permissibility of charging penalty money on delay in payment:
“Every intoxicant is khamr, and every khamr is haraam (forbidden).” (Saheeh Muslim)
Anything! It is not specific to grape, wheat, or anything else. Upto an extent that there is a narration from Aisha (radiyallahu aha) that when she said:
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 099)
وعن أبي مسعود الأنصاري رضي الله عنه: (أَنَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ نَهَى عَنْ ثَمَنِ الكَلْبِ، وَمَهْرِ البَغِيِّ، وَحُلْوَانِ الكَاهِنِ) متفق عليه
From this we learn:
1. It is not permissible for Muslims to stipulate invalid conditions.
2. If someone stipulated such invalid conditions, then: Our shaikh, Shaikh Shinqitee, who was very famous and the author of 'Adwaa al Bayaan, we got much to benefit from him alhamdulillah, he used to say: If someone stipulated such invalid conditions, then it is permissible to agree for the sake of transaction without following it. This is because the beloved messenger said: 'Do not let that stop you. Buy her and set her free, and loyalty belongs to the one who sets the slave free.' So agree with them, but when the time for action and implementation would come, the rule of shari'ah will be implemented. [1]
Shaikh (shinqitee) would give an example: If the wife stipulates that I will marry you on the condition that you do not remove me out from here. This condition has been differed upon by the scholars, but it is not correct. Similarly, stipulating to never marry more than one wife even after her death. Many women stipulate this: لا قبلها ولا بعدها (no one before, no one after). Shaikh used critique this and say that one may marry a second, third and fourth.
The question of copyrights automatically pops up in the mind. We say: Islam protects rights of the authors and artists. If someone copies your book or design, and then sells it in his/her name, then it absolute theft and there is no difference of opinion. However, if some stipulates copyrights with the below condition:
All Rights Reserved. No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying and recording or by any information storage and retrieval system, without the permission of the Publisher.
This is a matter where scholars differ, may Allah have mercy them and guide us to the truth. So, we called shaikh Wasiullah (may Allah preserve him) and asked about the copyright issue (on 13/11/2016) and he replied:
Theft should not be involved, and this stipulation is permissible. However, stopping people from benefiting completely is not permissible. With that said, if someone is making business with it then he has a right to stop people from doing so. This is specially in the case when they copy without referencing (plagiarize).
I think that this is meant by:
حقوق الطبعة محفوظة
(All Copyrights Reserved)
If someone publishes for business, then we do not permit (anyone to break copyright law). Many people are such that when they want to copy, they allow unrestrictedly to copy.
I asked: So will it be permissible stipulate this?
Shaikh said: It will be impermissible to stipulate: "Don't take anything from this book." Rather, benefit from it and refer back to it.
I asked: Thanks a lot shaikh. And what happens nowadays is that there are laws and rules that if anyone breaks the copyright law, he/she will be penalized fine of 7000, 8000, 20000 to even 50000. So, what do we do in countries when fine is put (for even restricted benefits like copying a page of the book, scanning a page, etc.). Will it be permissible to benefit this way?
Shaikh replied: I do not think that it is correct to penalize (even for a page), but penalizing for the complete book is correct in my opinion. I publish a book with much difficulty, but they benefit from by theft. And there are many publisher who permit copying, in that case it would be correct. But in the other case, penalizing would be correct.
I asked: Shaikh, there is no theft involved in this as when I copy (print) the book, the name of the publisher for example, Dar Ibn Hazm will be written anyways. And even the name of the author will be there: "Written by Shaikh Saleh al-Fawzan", "Written by Shaikh Wasiullah Abbas". So, if it is written like this (and it is not omitted) then this won't be theft, isn't it shaikh?
Shaikh: No, but this is for selling isn't it? Why do they sell? To make profits, as my hard-work is involved. This is why copyrights of the publisher are recognized.
However, at times the publisher himself states: "The one who re-publishes for the sake of Allah for distribution, we permit him." Isn't it?
Me: Yes shaikh, its true.
Shaikh: This is how Jews and Christians plagiarize for their benefits, and no one is able to catch them. May Allah protect.
I asked: Shaikh, I have a lost point. If someone is publishing a book in Makkah and these publishers are not here in Malaysia so that book is not distributed here. So, do I have a right to publish it here without their permission for the benefit of the people here?
Shaikh answered: Take their permission and then do so.
Me: Thanks a lot shaikh, Jazakallahu khair! - Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 100)
'Amr bin Shu'aib narrated to us, saying: My father narrated to me from his father' until he mentioned 'Abdullah bin 'Amr: "The Messenger of Allah (ﷺ) said: 'It is not lawful to lend and sell, nor two conditions in a sale, nor to profit from what is not possessed, nor to sell what one does not have.'" [Abu 'Eisa said: This Hadith is Hasan Sahih]
Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid. [Reported by Malik]
His brother came to me here in Makkah, but I refused to talk to him and decided to talk to the husband directly. So when I spoke to him, he told me openly that he wanted to marry someone else. I told that he has the right to marry another wife, but you don't have the right to leave her unnecessarily. He told: 'I cannot keep two at one time.' I kept emphasizing whether what exactly is wrong with the first one.. until alhamdulillah, he agreed and things calmed down.
So people do this going to men asking them to divorce their wives. This is dhulm (oppression and darkness) in reality. And on the Day of Judgement when there would be much need for light (noor), then people will be in darkness in-spite of being people of faith due to their dhulm. The prophet said:
اِتَّقُوا اَلظُّلْمَ, فَإِنَّ اَلظُّلْمَ ظُلُمَاتٌ يَوْمَ اَلْقِيَامَةِ
“Beware of oppression, for oppression will turn into excessive darkness on the Day of Resurrection." [Saheeh Muslim]
وعن علي بن أبي طالب رضي الله عنه قال: (أمرني رسول الله صلى الله عليه وسلم أن أبيع غلامين أخوين، فبعتهما، ففرقت بينهما، فذكرت ذلك للنبي صلى الله عليه وسلم، فقال: أدركهما فارتجعهما، ولا تبعهما إلا جميعاً) رواه أحمد، ورجاله ثقات، وقد صححه ابن خزيمة، وابن الجارود، وابن حبان، والحاكم، والطبراني، وابن القطان
عَنْ أَنَسٍ، قَالَ قَالَ النَّاسُ يَا رَسُولَ اللَّهِ غَلاَ السِّعْرُ فَسَعِّرْ لَنَا . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " إِنَّ اللَّهَ هُوَ الْمُسَعِّرُ الْقَابِضُ الْبَاسِطُ الرَّازِقُ وَإِنِّي لأَرْجُو أَنْ أَلْقَى اللَّهَ وَلَيْسَ أَحَدٌ مِنْكُمْ يُطَالِبُنِي بِمَظْلَمَةٍ فِي دَمٍ وَلاَ مَالٍ " .
Narrated Anas ibn Malik:
The people said: Messenger of Allah , prices have shot up, so fix prices for us. Thereupon the Messenger of Allah (ﷺ) said: Allah is the one Who fixes prices, Who withholds, gives lavishly and provides, and I hope that when I meet Allah, none of you will have any claim on me for an injustice regarding blood or property. [Sunan Abu Dawood and others, Ibn Hibban graded it Sahih (sound)]
The prophet did not increase price as the cultivation has itself become expensive, so how can he asked them to decrease the price? It is their hard-work, their land, their rent, their labor, etc., so it would unjust to ask them reduce: If your cost was 10, then don't sell in more than 11. There won't be any profit in this. And this is why the beloved messenger said: "I hope that when I meet Allah, none of you will have any claim on me for an injustice regarding blood or property."
However, specially here in Makkah (and other places like places of tourist attraction), people do not accept less than double to triple of the prices. In such cases, fixing becomes necessary.
عَنْ مَعْمَرِ بْنِ عَبْدِ اللَّهِ، عَنْ رَسُولِ اللَّهِ صلى الله عليه وسلم قَالَ " لاَ يَحْتَكِرُ إِلاَّ خَاطِئٌ " .
Ma'mar b. Abdullah reported Allah's Messenger (ﷺ) as saying: "No one hoards but the sinner." [Saheeh Muslim]
Disapproved hoarding is when there is a need for a product or item, but a man stocks it waiting for the price to rise for sale. This type of act is not done but by a sinner. And scholars have included it in the list of kabaair (major sins). Because this man makes loss of others in thousands merely for some personal profit.
I remember when this happened during the Kuwait-Iraq problems and people had stopped selling rice. When they were asked, they replied that they do not have it. They were caught and selling rice was obligated, and they were penalized.
So, there are people who do not fear Allah although people are in need of it, and later sell the same in 200 - 300 riyals instead of 120! And people would buy out of necessity. This is illegal.
This is the case when people are in need of it. But when the supply is enough, for example, at times potatoes and onions increase a lot in the market so one may store these. And at times, storing is better specially for items like tomatoes and grapes when they increase alot in the same market, and but the demand is less so it gets rotten, spoiled and then thrown.
عَنِ الأَعْرَجِ، قَالَ أَبُو هُرَيْرَةَ ـ رضى الله عنه ـ عَنِ النَّبِيِّ صلى الله عليه وسلم " لاَ تُصَرُّوا الإِبِلَ وَالْغَنَمَ، فَمَنِ ابْتَاعَهَا بَعْدُ فَإِنَّهُ بِخَيْرِ النَّظَرَيْنِ بَعْدَ أَنْ يَحْتَلِبَهَا إِنْ شَاءَ أَمْسَكَ، وَإِنْ شَاءَ رَدَّهَا وَصَاعَ تَمْرٍ ". متفق عليه ولمسلم : (فهو بالخيار ثلاثة أيام) .وفي رواية له علقها البخاري: (ورد معها صاعاً من طعام، لا سمراء) .قال البخاري: (والتمر أكثر) .
Narrated Abu Huraira:
The Prophet (ﷺ) said, "Don't 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." [Agreed upon] Muslim has: "He has three days in which to decide whether to keep them or not." A version by Muslim which al-Bukhari termed as Mu'allaq has: "He must return with it one Sa' of any grain but wheat." [Al-Bukhari said, "One Sa' of any dates" is mentioned in most Ahadith]
People used to keep the camels tied for long such that neither would they themselves milk it, nor would they let the calves have it. So, the customers would think that the camel give lots of milk and in deception they would agree to pay more. The beloved messenger asked them not to do so. Furthermore, this would even put the camel in pain and it wouldn't eat but little. And shari'ah has not permitted harming the animals as well.
But if someone were to deceive this way, the customer has the right to return back the camel in a period of three days. He may check and confirm in this period, and then make the decision, as the beloved messenger stated. Due to change of place, camels take time to adapt and may not eat and drink well the first day. But three days is enough time even for the camel to get used to the new place of the customer.
The shari'ah has given this right to return, but he must give a Sa' of dates (240 - 250g) along with it. The dates are to be given in return for what reason? For the milk that he drank and benefited from.
So should he return milk or dates? If you think logically what the prophet fixed is the best way. He fixed a Sa' of dates, irrespective of whether how much ever milk one drank (whether little or lot). Had the prophet not fixed this, people would fight and quarrel over whether what to return.
But the ahnaaf say that there is no issue in tying the teats of the camel and that the customer has no right to return on this issue. The beloved messenger spoke clearly, yet they say what they want. And as it is said that one blunder leads to another - some of them said that it opposes qiyas! We say that perhaps your qiyas opposes it, but our qiyas accepts the judgement of the beloved messenger to be perfect.
And Imam Bukhari said that most narrations mention "dates", so the one who can afford dates then let him go for it, and the one who cannot so let him get whatever is the essential food of his place.
عَنْ عَبْدِ اللَّهِ بْنِ مَسْعُودٍ ـ رضى الله عنه ـ قَالَ مَنِ اشْتَرَى شَاةً مُحَفَّلَةً، فَرَدَّهَا فَلْيَرُدَّ مَعَهَا صَاعًا. رواه البخاري، وزاد الإسماعيلي: من تمر
Narrated `Abdullah bin Mas`ud:
Whoever buys a sheep which has not been milked for a long time, has the option of returning it along with one Sa'a. [Saheeh al-Bukhari] Al-Isma'ili added: "of dates."
To those ahnaaf who reject ahadith in the name of fiqh of Abdullah ibn Mas'ood, this narration would be beneficial. They say:
الفقه زرعه عبد الله بن مسعود رضي الله عنه ، وسقاه علقمة ، وحصده إبراهيم النخعي، وداسه حماد ، وطحنه أبو حنيفة
"Fiqh was planted by ‘Abdullah Ibn Mas‘ood, irrigated by ‘Alqamah, harvested by Ibrahim al-Nakha‘i, threshed by Ḥammad (Ibn Abi Sulayman), milled by Abu Ḥanifah.." [Radd al Mukhtar ala dur al mukhtar, Ibn al Abideen]
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 103)
123. Misleading Advertising & Deceptive Marketing Practices:
وعن أبي هريرة رضي الله عنه: (أن رسول الله صلى الله عليه وسلم مر على صبرة من طعام، فأدخل يده فيها، فنالت أصابعه بللاً، فقال: ما هذا يا صاحبَ الطعام؟ قال: أصابته السماء يا رسول الله! قال: أفلا جعلته فوق الطعام كي يراه الناس! من غشَّ فليس مني) رواه مسلم]
It is narrated on the authority of Abu Huraira that the Messenger of Allah (ﷺ) happened to pass by a heap of eatables (corn). He thrust his hand in that (heap) and his fingers were moistened. He said to the owner of that heap of eatables (corn):
What is this? He replied: Messenger of Allah, these have been drenched by rainfall. He (the Holy Prophet) remarked: Why did you not place this (the drenched part of the heap) over other eatables so that the people could see it? He who deceives is not of me (is not my follower). [Saheeh Muslim]
The beloved messenger has declared disassociation from every deceiver. Today much deception is found in the commercial world, up-to an extent that they would add stones in the food to add to weight. In our childhood days in Mumbai, we saw people putting water on the coal and even adding some soil to it to add to the weight. This is prohibited.
But in-spite of all this, they eventually face losses. This is learnt through experience of people, and don't blame but yourself!
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 103)
وعن عبد الله بن بريدة عن أبيه قال: قال رسول الله صلى الله عليه وسلم: (من حبس العنب أيام القطاف حتى يبيعه ممن يتخذه خمراً فقد تقحم النار على بصيرة) رواه الطبراني في الأوسط بإسناد حسن
The very existence of alcohol is not permissible in Islamic world. The prophet (sallallahu alayhi wa sallam):
سَمِعْتُ أَبَا ثَعْلَبَةَ الْخُشَنِيَّ، يَقُولُ أَتَيْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم فَقُلْتُ يَا رَسُولَ اللَّهِ إِنَّا بِأَرْضِ قَوْمٍ أَهْلِ كِتَابٍ نَأْكُلُ فِي آنِيَتِهِمْ قَالَ " إِنْ وَجَدْتُمْ غَيْرَ آنِيَتِهِمْ فَلاَ تَأْكُلُوا فِيهَا فَإِنْ لَمْ تَجِدُوا فَاغْسِلُوهَا وَكُلُوا فِيهَا "
"I heard Abu Tha'labah Al-Khushani saying: 'I went to the Messenger of Allah (ﷺ) and said: "O Messenger of Allah! We live in a land of the People of the Book and we eat from their containers." He said: "If you find other containers than do not eat from them. If you do not find them, then wash them and eat from them." [Jami' at-Tirmidhi]
125. Smart businessmen make use of opportunities:
وعن عائشة قالت: قال رسول الله صلى الله عليه وسلم: (الخراج بالضمان) رواه الخمسة، وضعفه البخاري وأبو داود، وصححه الترمذي وابن خزيمة وابن الجارود وابن حبان والحاكم وابن القطان
If someone bought a horse for business, made use of it but later found it to be defective, he has the right to return it back. And the seller has no right to ask payment for the business profit earner by the customer.
وعَنْ عُرْوَةَ، - يَعْنِي ابْنَ أَبِي الْجَعْدِ الْبَارِقِيِّ - قَالَ أَعْطَاهُ النَّبِيُّ صلى الله عليه وسلم دِينَارًا يَشْتَرِي بِهِ أُضْحِيَةً أَوْ شَاةً فَاشْتَرَى شَاتَيْنِ فَبَاعَ إِحْدَاهُمَا بِدِينَارٍ فَأَتَاهُ بِشَاةٍ وَدِينَارٍ فَدَعَا لَهُ بِالْبَرَكَةِ فِي بَيْعِهِ فَكَانَ لَوِ اشْتَرَى تُرَابًا لَرَبِحَ فِيهِ . رواه الخمسة إلا النسائي، وقد أخرجه البخاري في ضمن حديث، ولم يسق لفظه، وأورد الترمذي له شاهداً من حديث حكيم بن حزام
Narrated Urwah ibn Abul Ja'd al-Bariqi:
The Prophet (ﷺ) gave him a dinar to buy a sacrificial animal or a sheep. He bought two sheep, sold one of them for a dinar, and brought him a sheep and dinar. So he invoked a blessing on him in his business dealing, and he was such that if had he bought dust he would have made a profit from it. [Reported by al-Khamsah except an-Nasa'i; al-Bukhari also recorded it within another hadith and did not report its version]
إذا كنتَ في حاجة ٍ مرسلاً, فأرْسِلْ حَكِيماً، ولا تُوصِهِ
لو رفعت حجرا لوجدت تحته فضة وذهبا
"If I picked up a stone, I would find gold under it!"
The example is just theoretic. It is not be used to justify mistakes.
عَنْ أَبِي هُرَيْرَةَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " مَنْ أَقَالَ مُسْلِمًا بيعته أَقَالَهُ اللَّهُ عَثْرَتَهُ " [رواه أبو داود وابن ماجة وصححه ابن حبان والحاكم]
Narrated Abu Hurayrah:
The Prophet (ﷺ) said: Whoever accepts back what he had sold to a Musim, Allah will forgive his fault on the Day of Resurrection. [Sunan Abu Dawood and Ibn Majah; and authenticated by Ibn Hibban and al-Hakim]
Another narration has:
مَنْ أَقَالَ نَادِمًا بَيْعَتَهُ أَقَالَهُ اللَّهُ عَثْرَتَهُ يَوْمَ الْقِيَامَةِ
"Whoever accepts back from someone regretful what he had sold, Allah will forgive his fault on the Day of Resurrection." [Narrated by Bayhaqi and others in similar meaning]
Actually at-times, its just a matter of humanity. There is no apparent loss by accepting back, and the item has not been even opened, yet they choose not to take it back. They even write it bold that they won't be taking it back. This even leads to much quarrels. Sometimes, the seller says that the item is 'made in Japan' but customer understands it to be 'original' (although original may be German made). This leads to deception.
And in cases of deception where the defect is hidden, then it is everyone's right to return due to the defect. But if the seller refuses to take it back, then the customer has the right to go to the court if he finds the item to be worth it. And the qadhi (judge) will ask the seller why he hid the defects and not tell the customer about it. It is not allowed to sell without informing the customer about the defects, and it would haram wealth if someone earns that way.
عَنِ ابْنِ عُمَرَ، عَنْ رَسُولِ اللَّهِ صلى الله عليه وسلم أَنَّهُ قَالَ " إِذَا تَبَايَعَ الرَّجُلاَنِ فَكُلُّ وَاحِدٍ مِنْهُمَا بِالْخِيَارِ مَا لَمْ يَتَفَرَّقَا وَكَانَا جَمِيعًا أَوْ يُخَيِّرُ أَحَدُهُمَا الآخَرَ فَإِنْ خَيَّرَ أَحَدُهُمَا الآخَرَ فَتَبَايَعَا عَلَى ذَلِكَ فَقَدْ وَجَبَ الْبَيْعُ وَإِنْ تَفَرَّقَا بَعْدَ أَنْ تَبَايَعَا وَلَمْ يَتْرُكْ وَاحِدٌ مِنْهُمَا الْبَيْعَ فَقَدْ وَجَبَ الْبَيْعُ " .
Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying:
When two persons enter into a transaction, each of them has the right to annul it so long as they are not separated and are together (at the place of transaction) ; or if one gives the other the right (to annul the transaction). But if one gives the other the option, the transaction is made on this condition (i. e. one has the right to annul the transaction), it becomes binding. And if they are separated after they have made the bargain and none of them annulled it, even then the transaction is binding. [Agreed upon, and the version is of Musim]
Narrated Abdullah ibn Umar:
I heard the Messenger of Allah, (ﷺ) say: When you enter into the inah transaction, hold the tails of oxen, are pleased with agriculture, and give up conducting jihad (struggle in the way of Allah). Allah will make disgrace prevail over you, and will not withdraw it until you return to your original religion. [Sunan Abu Dawood]
اللَّهُمَّ اكْفِنِي بِحَلاَلِكَ عَنْ حَرَامِكَ وَأَغْنِنِي بِفَضْلِكَ عَمَّنْ سِوَاكَ
O Allah, suffice me with Your lawful against Your prohibited, and make me independent of all those besides You.
عَنْ عَمْرِو بْنِ الشَّرِيدِ، عَنْ أَبِيهِ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " لَىُّ الْوَاجِدِ يُحِلُّ عِرْضَهُ وَعُقُوبَتَهُ " .
It was narrated from 'Amr bin Ash-Sharid, that his father said:
"The Messenger of Allah said: 'if one who can afford it delay repayment, his honor and punishment become permissible."' [Abu Dawood and an-Nasa`i reported it; Al-Bukhari reported it without isnad, and Ibn Hibban graded it Sahih (sound)]
This means that you can tell him: ‘You are dishonest!’, ‘You are a thief and robber!’, ‘You do not want to give!’ Because not giving the wealth is oppression on him, and Allah states:
لَّا يُحِبُّ اللَّهُ الْجَهْرَ بِالسُّوءِ مِنَ الْقَوْلِ إِلَّا مَن ظُلِمَ ۚ وَكَانَ اللَّهُ سَمِيعًا عَلِيمًا
Allah does not like the public mention of evil except by one who has been wronged. And ever is Allah Hearing and Knowing. [an-Nisa 4:148]
Another narration says:
مَطْلُ الْغَنِيِّ ظُلْمٌ
"Delay in payment by a rich man is injustice." [Muwatta Malik and others]
In return of this oppression, one can tell such things and punishment can also be applied, although punishment cannot be applied by the general masses or the lay-man. As in many places, they say: ‘If you don’t give it in the easy way, we will take it from you through the hard way.’ However with regards to the punishment, the issue must be brought in-front of the government along with the witnesses, and the government will punish using its power and get the money.
If a man has wealth, yet he does not pay the Zakat, the beloved messenger informed:
فَإِنَّا آخِذُوهَا وَشَطْرَ مَالِهِ
(However) if someone refrains from paying it, it will be taken from him (by force) along with part of his property (as punishment). [Narrated by Abu Dawood and an-Nasai]
This is a penalty, because few people are fine with being punished but charging penalty payment is very heavy for them. Thus, punishment by charging penalty will be more appropriate with such ones. Some madhahib have that charging penalty is not correct by taking wealth, but the reality is that if taking money is opted by the authority, then it is permissible. However according to Imam Abu Hanifah (rahimahullah), punish by imprisoning or beating, but charging penalty is not permissible. Although the hadith is clear that the prophet said: “Who does not pays, we will take it forcefully and charge extra penalty.” This penalty is so that others with evil intention would begin to re-think and change their mind. This penalty can be charged but by the government, and the judge will decide what punishment or penalty is to be given.
This means that it is not permissible to delay the payment inspite of capability, and it would be considered oppression which is a major sin.
On the other hand, Allah has also placed another option, that if he is poor or in need, then:
فَنَظِرَةٌ إِلَىٰ مَيْسَرَةٍ
And if someone is in hardship, then [let there be] postponement until [a time of] ease. [al-Baqarah 2:280]
This is also a teaching of brotherhood that Islam has taught giving loan if he is in need. But those who take loan and don’t payback, they close the door of this noble deed (as people begin to hesitate giving others).
133. Permissibility of charging penalty money on delay in payment:
If a man has wealth, yet he does not pay the Zakat, the beloved messenger informed:
فَإِنَّا آخِذُوهَا وَشَطْرَ مَالِهِ
(However) if someone refrains from paying it, it will be taken from him (by force) along with part of his property (as punishment). [Narrated by Abu Dawood and an-Nasai]
This is a penalty, because few people are fine with being punished but charging penalty payment is very heavy for them. Thus, punishment by charging penalty will be more appropriate with such ones. Some madhahib have that charging penalty is not correct by taking wealth, but the reality is that if taking money is opted by the authority, then it is permissible. However according to Imam Abu Hanifah (rahimahullah), punish by imprisoning or beating, but charging penalty is not permissible. Although the hadith is clear that the prophet said: “Who does not pays, we will take it forcefully and charge extra penalty.” This penalty is so that others with evil intention would begin to re-think and change their mind. This penalty can be charged but by the government, and the judge will decide what punishment or penalty is to be given.
This means that it is not permissible to delay the payment in-spite of capability, and it would be considered oppression which is a major sin.
-ٍ Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 105)
حَدَّثَنَا كَثِيرُ بْنُ عَبْدِ اللَّهِ بْنِ عَمْرِو بْنِ عَوْفٍ الْمُزَنِيُّ، عَنْ أَبِيهِ، عَنْ جَدِّهِ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " الصُّلْحُ جَائِزٌ بَيْنَ الْمُسْلِمِينَ إِلاَّ صُلْحًا حَرَّمَ حَلاَلاً أَوْ أَحَلَّ حَرَامًا وَالْمُسْلِمُونَ عَلَى شُرُوطِهِمْ إِلاَّ شَرْطًا حَرَّمَ حَلاَلاً أَوْ أَحَلَّ حَرَامًا " . قَالَ أَبُو عِيسَى هَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ .
Kathir bin 'Amr bin 'Awf Al-Muzani narrated from his father, from his grandfather, that the Messenger of Allah (ﷺ) said:
"Reconciliation is allowed among the Muslims, except for reconciliation that makes the lawful unlawful, or the unlawful lawful. And the Muslims will be held to their conditions, except the conditions that make the lawful unlawful, or the unlawful lawful." [Narrated by Tirmidhi, and he authenticated it]
The generation of the companions, Tabi’een, and followers of Tabi’een was such an excellent time that it is recorded the Rabee`ah ibn Salama was a Qadhi (judge)… There is a book named ‘Akhbaar-ul Qudaat’ (a book about the judges) which mentions that Rabee`ah ibn Salama sat waiting for six months but no issue was brought to him when he was made a judge in Kufa. The fights and quarrels would be not take place generally! This is why the beloved messenger said: خَيْرُ النَّاسِ قَرْنِي، ثُمَّ الَّذِينَ يَلُونَهُمْ، ثُمَّ الَّذِينَ يَلُونَهُمْ
And a major deficiency among the Muslims today is also that they do not try to step-in and solve two groups quarreling in their very neighborhood, although they can reconcile surely. But it is left carelessly and years pass in the same state, it is such a big sin upon both groups, and those who purposefully do not step-in to solve will also be held partners in the sin!
The prophet said: whoever joins it, I will join you. And whoever cuts you, I will cut him. Such a big thing it is! Remember that the beloved prophet said: The better of the two are those who begin with the salam!
عَنْ أَبِي حُمَيْدٍ اَلسَّاعِدِيِّ رضي الله عنه قَالَ: قَالَ رَسُولُ اَللَّهِ صلى الله عليه وسلم: "لا يَحِلُّ لامرئٍ أنْ يأخُذَ عصا أخِيه بِغيرِ طِيبِ نَفْسٍ منْهُ
Narrated Abu Humaid as-Sa`idi (radiyallahu anh): Allah's messenger said: "It is not lawful for a person to take his brother's stick except with his goodwill." [Ibn Hibban and Al-Hakim reported it in their two Sahih books]
Narrated Abu Huraira:
The Prophet (ﷺ) said, "Procrastination (delay) in paying debts by a wealthy man is injustice. So, if your debt is transferred from your debtor to a rich debtor, you should agree." [Agreed upon]
141. Explanation of Hadith: “When the son of Adam dies no further reward is recorded…”
عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " إِذَا مَاتَ الإِنْسَانُ انْقَطَعَ عَنْهُ عَمَلُهُ إِلاَّ مِنْ ثَلاَثَةٍ إِلاَّ مِنْ صَدَقَةٍ جَارِيَةٍ أَوْ عِلْمٍ يُنْتَفَعُ بِهِ أَوْ وَلَدٍ صَالِحٍ يَدْعُو لَهُ "
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying:
When a man dies, his acts come to an end, but three, recurring charity, or knowledge (by which people) benefit, or a pious son, who prays for him (for the deceased). [Saheeh Muslim]
1. Sadaqah Jaariyah (charity whose benefit is continuous):
Doing such an action for the sake of Allah that people keep benefitting even after death, then its reward will keep getting recorded. Give anything in the name of sadaqah, be it the obligatory one, or for example, if you build a mosque, dig a well, build water facility, etc., then the reward will keep geting recorded.
2. Al-Ilm Yuntafau bihi (knowledge from which benefit continues to be reaped):
Leaving evil knowledge will lead to continuous record of sins as well, subhanallah! But knowledge that benefits, for example, if you write a book people benefit from, or leave such students who teach their students, etc. If this is accompanied with sincerity, it is expected from Allah for it to become a continuous source of reward.
3. Waladin Salihin Yad`oo lahu (the supplication of a righteous child):
This makes clear a very important issue, that struggle must be made in tarbiyah (good upbringing) of the children. Because this is our responsibility, and if we leave them as righteous ones, then insha`Allah, the reward will be continuous.
But people remove their children from religious schools and admit them to English medium schools, thereby separating them from the religion. What will be the result of this? Teach them worldly sciences, but first make him righteous enough who understands Salah, fasting, rights of others, etc., and then even if you were to leave him open, then it would not be a sin on you. But if you change their mindset from their very childhood, when they are like mud or dough made of flour that can be shaped as one wants. [1]
[1] Additional notes:
121. Hoarding is illegal if it creates artificial scarcity of essential foodstuff:
122. Return of goods after use:
123. Misleading Advertising & Deceptive Marketing Practices:
124. Working in hotels where pork and alcohol is served:
125. Smart businessmen make use of opportunities:
126. Virtue of allowing sales returns and exchange:
127. Conditions for right to annul the agreement/ Right of breach of contract:
128. Reformation of the business affairs is need of the hour:
129. When bribery becomes riba (usury/interest):
130. Taking others money to play and squander:
131. The one who takes on rent is responsible for what he rented:
132. How to deal with the one who delays in payment of loan?
133. Permissibility of charging penalty money on delay in payment:
134. How judges may reconcile money quarrels?136. Sacredness of wealth, even of a stick:
135. The beauty of Reconciliation:
137. Transfer of Debt:
138. Benefits of Partnership:
139. Changing or translating Islamic terms:
140. What is Waqf?
141. Explanation of Hadith: “When the son of Adam dies no further reward is recorded…”
135. The beauty of Reconciliation:
137. Transfer of Debt:
138. Benefits of Partnership:
139. Changing or translating Islamic terms:
140. What is Waqf?
141. Explanation of Hadith: “When the son of Adam dies no further reward is recorded…”
Bismillahir Rahmaan ar-Raheem
The deen is divided into two parts, as the scholars of Fiqh stated. The first is ibadaat (acts of worship) and the second is adaat (customary acts). After the completion of the section of ibadaat (book of Taharah, Salah, Siyam, Zakat and Hajj), we move onto the section of adaat (book of buyoo' - business transactions, nikaah - marriage, jinayaat - offenses, etc).
We thank the moral support of admin of the Final Revelation, and we ask Allah to accept it from us and make it a reason for forgiveness of all our sins. [20/10/2016]
The Book of Business Transactions: كتاب البيوع
92. Interdependency among the people:
Generally, books of fiqh mention muamalaat after ibadaat. and ibadaat are the five pillars of Islam: Salah, Zakat, fasting, Hajj. Buyoo' is plural of Bay'. A complete Bay' refers to completion of both buying and selling. And shiraa' in Arabic is as mentioned in the Qur'an:
وَمِنَ النَّاسِ مَن يَشْرِي نَفْسَهُ ابْتِغَاءَ مَرْضَاتِ اللَّهِ
'And of mankind is he who would sell himself, seeking the Pleasure of Allah.' [Baqarah 2:207]
The root of Bay' is from Baa' (back and forth movement of the hands) as bay' happens through back and forth of goods and the payment.
Allah has made us bound on each other, and it is in the fitrah, that man cannot do anything in complete independence. If everyone begins to trade, then who would get into agriculture, and who would farm cereals? And not everyone will farm, but there must be others to cultivate and irrigate as well. This shows Allah's remarkable power, and as Allah says:
لِيَتَّخِذَ بَعْضُهُمْ بَعْضًا سُخْرِيًّا
'It is We who have apportioned among them their livelihood in the life of this world and have raised some of them above others in degrees [of rank] that they may make use of one another for service.' [Zukhruf 43:32]
In Arabic, a poet said:
الناسُ للناسِ مِن بدوٍ وحاضِرَةٍ.. بَعضٌ لبعضٍ وإنْ لَم يشعروا خَدَمُ.
People are servants of each others, whether they live in the city or the village, even if they personally do not know each other, and irrespective of whether they realize it or not!
A Bedouin rears a Camel and harbors it until he sells it to you, and you eat it. And the Bedouin needs grass for the camel nutrition, so he is as well dependent on those who sell it. And the grass seller as well may have some extra land which he would need to rent others who do not have land. So this is how Allah has made people interdependent. People ask: Does not Allah has the power to make them equal? The answer is that if Allah did so, life would have become extremely difficult, and no work would be possible. Remember that Allah is al-Hakeem, al-Aleem, and al-Khabeer. This is why there are barbers, tailors, painters, etc. This is how Allah has made everyone interdependent, and no one has the right to force everyone into the same work or profession. Allah has made it such that man finds his own way as he grows. A son of a farmer may grow up with education and become a scholar, but it is very much possible that the son of that scholar may begin farming or tailoring!
Allah has a great wisdom behind it, and 'Allamah Shah Waliullah (rahimahullah) in his book 'Hujjat-ullahil Baaligah' has mentioned in a very nice style. Allah has made organisms interdependent so that this ecosystem continues in complete ease.
This is why the Book of transactions is as well included in this book. And the major sources of provision are buying and selling, and similarly agriculture, as Allah says:
أَأَنتُمْ تَزْرَعُونَهُ أَمْ نَحْنُ الزَّارِعُونَ
Is it you who makes it grow, or are We the grower? [Al-Waqiah 56:64]
The major role is played by Allah, because if he does not sends down the water, or after sending it if he does not let it grow, then our hard-work will be useless. It amazes us that in-spite of the hardness of the soil, and the layers below, the soft and tender hypocotyl (stem) grows from the seed, sprouts up and makes its way above. It is so tender that it may break due to little misplacement. This is what Allah has mentioned:
ثُمَّ شَقَقْنَا الْأَرْضَ شَقًّا
Then We broke open the earth, splitting [it with sprouts],
And We cause therein the grain to grow,
And grapes and clover plants (i.e. green fodder for the cattle),
And olive and palm trees
And gardens, dense with many trees,
And fruits and grasses:
(To be) a provision and benefit for you and your cattle. [Abasa 80:26:32]
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 098)
93. Following trading etiquette and providing good customer services is the key to a successful business:
Islam emphasizes on manners. Since we are interdependent on each other, we must display good manners to each other. We must be role-models of good character. This why the beloved messenger says, as Jabir (radiyallahu anh) reported:
وعن جابر رضي الله عنه أن رسول الله صلى الله عليه وسلم قال: "رحم الله رجلا سمحًا إذا باع وإذا اشترى وإذا اقتضى"
"May Allah show mercy to a man who adopts a kind attitude when he sells, buys and demands for the repayment of loans." [Saheeh Al-Bukhari].
Few people sit with such dull or infuriated face, and they don't even reply to salaam greetings when you enter. They are employees who get fixed salary, so they do not care whether anyone buys or not. But one can at-least, respond to the salaam greetings and speak with a smile. Speaking in a cheerful way is as well a sadaqah (charity); the beloved messenger said:
تَبَسُّمُكَ فِي وَجْهِ أَخِيكَ لَكَ صَدَقَةٌ
"Your smiling in the face of your brother is charity.''
This is the reason why other nations are way ahead from Muslims as they display these manners. They show such joy and modesty before you as if they are your servants, and strive to achieve this. But if you go to people here, they get enraged: Why did you come if you did not want to buy?!
Dear brother, people like to look around for variety searching for what they like.
Allah ta'aala has mentioned many virtues of having good manners. The beloved messenger said: Indeed a man reaches the level of the one who prays the night prayer and fasts during the day, due to his good manners. (Silsilah Ahadith As-Sahihah No.795)
So this is a very important point. You won't loose anything for this. And as it said, 'You cannot please everyone with money, but you can please everyone with manners.' You cannot give your wealth to everyone even if you have it in excess, but if you speak cheerfully with everyone, help someone looking for the way, etc. Some people cannot bear helping out someone lost in the way. These things are worth noting.
When Allah has made you dependent on each other, then coexisting with good etiquette becomes an obligation. It is not possible to live alone in the jungle, and that is not legitimate in the shar'ah. This is why the beloved messenger declared the virtue of the one who mixes with others nicely:
الْمُؤْمِنُ الَّذِي يُخَالِطُ النَّاسَ، وَيَصْبِرُ عَلَى أَذَاهُمْ، خَيْرٌ مِنَ الَّذِي لاَ يُخَالِطُ النَّاسَ، وَلاَ يَصْبِرُ عَلَى أَذَاهُمْ.
"The believer who mixes with people and endures their injury is better than the person who does not mix with people nor endure their injury." [al Adab al Mufrad]
This is why Islam does not has monasticism. And it is applicable only when fitnah (trial and tribulation) has increased to such a level that man begins to loose control on his religion and faith. The beloved messenger mentioned a time of Fitnah, that such a time would come that man won't be able to preserve him religion, faith and respect. In such a situation, the best man is the one who takes his sheep (or whatever source of provision) to some remote land or mountain, and prays and lives separately. So, this is an exceptional situation.
But in general situations, Allah has created man such that he cannot live alone, he will become sick and depressed! Adam (alayhissalam) could not live alone although he was in Jannah, so Hawwa (alayhissalam) was created. So, the point is that since we are interdependent through such transactions and relations, we must display high morals. If you have child who learns under a teacher, then you ought to be good with the teacher, and the teacher as well should behave well with the child, and so on.
But if you display evil manners, it will result in unwanted jealousy, envy and grudge against each other. And there will be attempts made to harm each other. Therefore, Islam includes this among evil manners.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 099)
94. The best type of earning:
عن رفاعة بن رافع رضي الله عنه { أن النبي صلى الله عليه وسلم سئل : أي الكسب أطيب ؟ قال : عمل الرجل بيده ، وكل بيع مبرور } رواه البزار وصححه الحاكم
It is narrated that Raafi’ ibn Khadeej (may Allaah be pleased with him) said: It was said: O Messenger of Allaah, what kind of earning is best? He said: “For a man to work with his hands and every honest transaction.” (Musnad Ahmad; classed as hasan by the commentators on al-Musnad; classed as saheeh by al-Albaani in Saheeh al-Targheeb)
Business transactions generally happen by hand, so are they included? No, they are not included. This means that professions which are performed specifically performed by hand like construction works where the worker hammers using his hand, agriculture where the seeds are placed by hands and then watered by hand, tailoring where he sews using hand, etc. All these works of the hand. apart from it, every transaction which is approved meaning there is no betrayal, nor includes any transaction wrong products. [1]
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 099)
[1] Footnote:
Shaik al -Munajjid wrote:
With regard to the Prophet (peace and blessings of Allaah be upon him) preferring trade to handicrafts, there is no proof for that, as far as we know. There is a difference of opinion among the scholars concerning this issue. Some of them are of the view that business is preferable, and others say that agriculture is preferable, whilst a third group prefers working with one's hands to earn a living, such as handicrafts and so on.
There is a hadeeth concerning the virtue of working in trade, but it is not proven. It is the report which says that the Prophet (peace and blessings of Allaah be upon him) said: “Nine-tenths of provision is in trade.” See al-Silsilah al-Da’eefah (3402).
With regard to the report which speaks of the virtue of manufacturing or handicrafts and trade, it was narrated that Raafi’ ibn Khadeej (may Allaah be pleased with him) said: It was said: O Messenger of Allaah, what kind of earning is best? He said: “For a man to work with his hands and every honest transaction.” Narrated by Ahmad (17265); classed as hasan by the commentators on al-Musnad; classed as saheeh by al-Albaani in Saheeh al-Targheeb (1691).
It was narrated from al-Miqdaam (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “No one ever eats anything better than that which he earned with his own hands. The Prophet of Allaah Dawood (peace be upon him) used to eat that which he earned with his own hands.” Narrated by al-Bukhaari (1966).
Al-Haafiz Ibn Hajar (may Allaah be pleased with him):
The scholars differed as to the best type of work. Al-Mawardi said: The basic types of earning a living are: agriculture, trade and manufacturing. The most likely view of al-Shaafa’i is that the best of them is trade. He said: The most correct in my view is that the best of them is agriculture, because it is the closest to tawakkul (putting one’s trust in Allaah).
Al-Nawawi followed it with the hadeeth of al-Miqdaam (quoted above) and said that the correct view is that the best way of earning a living is by working with one’s hands. If it is also in agriculture, then that is the best way of earning a living, because it involves both working with one’s hands and putting one’s trust in Allaah, and it benefits both humans and animals, and because usually some of it is given for free.
I say: Superior to that in things that are done using one's hands is what one acquires of the wealth of the kuffaar through jihad. This is how the Prophet (peace and blessings of Allaah be upon him) and the companions earned wealth and it is the noblest way of acquiring wealth, because it is making the word of Allaah supreme, suppressing the word of His enemies, and brings benefit in the Hereafter.
He said: If a person does not work with his hands, then agriculture is best for him, for the reasons we mentioned.
I say: This is based on the fact that the benefit of agriculture is not limited to the one who practices it. However, that does not apply only to agriculture, rather anything that one does with one’s hands is going to benefit others, because this involves producing things that people need.
In fact that varies according to circumstances and according to individual cases. And Allaah knows best. End quote.
Fath al-Baari (4/304).
Based on this, agriculture may be better for one who is more skilled in it than other fields, and manufacturing may be better for one person than for others, and a third person may be better at trading so that is better for him than for others.
So each person should see what kind of work is suitable for him and what he is best at, and strive to benefit himself and the Muslims through this work. And Allaah is the Source of strength.
And Allaah knows best.
[Ref: 107144: What are haraam types of jobs? How did the Sahaabah earn a living? What is the best way to earn a living? https://islamqa.info/en/107144 ]
95. Alcohol business is illegal and prohibited:
عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ ـ رضى الله عنهما ـ أَنَّهُ سَمِعَ رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ عَامَ الْفَتْحِ، وَهُوَ بِمَكَّةَ " إِنَّ اللَّهَ وَرَسُولَهُ حَرَّمَ بَيْعَ الْخَمْرِ وَالْمَيْتَةِ وَالْخِنْزِيرِ وَالأَصْنَامِ ".
Narrated Jabir bin `Abdullah:
I heard Allah's Messenger (ﷺ), in the year of the Conquest of Mecca, saying, "Allah and His Apostle made illegal the trade of alcohol, dead animals, pigs and idols." (Agreed upon)
This means that an approved transaction is only which does not include sale or buying of unlawful (haram) products. Selling anything that is haraam is not correct. And some things like alcohol are such that they have no place in the Islamic world. Similarly, swine and idols. If an idol is of gold, then you may break the idol and sell it as gold. But selling it in its actual form with its face, eyes, etc., is not permissible as this is as if you are supporting an evil deed. But if it is of gold, then you should not waste it as it is wealth. The messenger of Allah prohibited wastage of wealth.[1]
As for pigs, they as well do not have place in the Islamic world. And it does not deserves to be left, as the prophet said that when Isa (alayhissalam) would come down in the end of times, he would wipe off all pigs. Christians seem very fond of pigs, they keep it, eat it, sell it and make benefit out of its hair. But when Isa (alayhissalam) would come, he would call others to Islam and even wipe off the pigs.
As for alcohol, everything that intoxicates man's mind is included in it. If one consumes a leaf in the jungle, and it makes him intoxicated, then this is as well included in it. The first time is excused due to ignorance, but it isn't to be repeated. The same applies to cigarettes, hashish (cannabis drug), or anything that intoxicates even a little will be included in the prohibition.
The beloved messenger said:
" كل مسكر خمر ، وكل خمر حرام "
“Every intoxicant is khamr, and every khamr is haraam (forbidden).” (Saheeh Muslim)
Alcohol is that what blinds the mind. It is a stage when man begins to find it difficult to decide right from wrong. As mentioned in some narrations, there was a big scholar of the people of the book to who a woman was sent by people to deviate him because he would command people to leave evil acts. So at night she entered his church and presented three options before him, she said: 'This is my baby, kill him. Or have adultery with me, or drink this alcohol.' Subhanallah! And there were people outside waiting if you do not do as such, you will be killed. He thought that killing the child would be a big sin, and the same for committing zina and drinking alcohol. But alcohol would harm only himself, so he chose to drink. He got drunk and intoxicated. Then, he killed the baby and committed zina with her. He committed all three sins! This is why it was named mother of all evils
( ام الخبائس).
This is why alcohol does not deserves any place in the Islamic world. The beloved messenger cursed the one who prepares alcohol, or makes it, or preserves it, or transports it, or drinks it! This is because it is the root of all evils. This is why alcohol should not be taken as a silly issue, be it little or lot in amount
Some madhaahib erred in this issue, although in the Arabic language, khamr (wine) is anything that intoxicates, irrespective of whatever it is made of. Be it made of wheat, or may be some grass; if it intoxicates after consumption, then it is khamr. Umar (radiyallahu anh) said that when the prohibition of khamr was revealed, there wouldn't be any khamr other than the one made of dates. But it is attributed to Imam Abu Hanifa that pure grape wine is the only actual khamr. According to it, it is prohibited be it as less as 10g or 25g, even if it does not intoxicates, it will be prohibited. But other than grape wine, if it is made of dates, wheat, or any-other thing, then (according to him) it is permissible in the amount that it does not intoxicates. Meaning that if drinking 50 - 100g does not intoxicates, then it is permissible. This opinion of his, although it is defended by others, could lead to much deviation.
The beloved messenger said that wine is prohibited be it little or a lot. This is such a clear hadith, that looking into this issue, scholars wrote books. Imam Ahmad ibn Hanbal has a book called 'Al Ashribah'. Imam an-Nasa'i has a specific section in his book Sunan an-Nasa'i called Kitaab al ashribah (the book of drinks) where he collected all the ahadith on this topic.
They (some of the ahnaaf) claim that Imam Abu Hanifa considered grape wine to be prohibited be it even little. But wines made of other than that, they say "al qadrul muskhir" meaning only the amount that intoxicates is prohibited. So, if drinking 50g of it does not intoxicates then it is permissible. But reflect on the fact that Islam prohibits even what brings close to something unlawful (haraam). Why is lowering the gaze legislated? Allah says:
قُل لِّلْمُؤْمِنِينَ يَغُضُّوا مِنْ أَبْصَارِهِمْ
"Tell the believing men to lower their gaze (from looking at forbidden things)." [Nur 24:30]
Why? Because it takes you close to zina. Similarly, Allah ta'aala says:
تِلْكَ حُدُودُ اللَّهِ فَلَا تَقْرَبُوهَا
"These are the limits [set by] Allah , so do not approach them." [al-Baqarah 2:187]
Trespassing the limits is a great sin, but don't even get close to it. And the prophet said:
إِنَّ اللَّهَ عَزَّ وَجَلَّ حَمَى حِمًى وَإِنَّ حِمَى اللَّهِ مَا حَرَّمَ وَإِنَّهُ مَنْ يَرْعَ حَوْلَ الْحِمَى يُوشِكُ أَنْ يُخَالِطَ الْحِمَى" "
"Allah, the Mighty and Sublime, has a sanctuary and the sanctuary of Allah is that which He has forbidden. Whoever grazes around the sanctuary will soon transgress into the sanctuary. And whoever approaches a matter that is unclear, he will soon wind up in the sanctuary." [Sunan an-Nasa'i]
But now if someone is told that drinking one liter would intoxicate, so drink half a litre without any issue. But if he has kept it in his home, until when will he be able to control himself? He will keep increasing gradually and may even loose control. My point is that why not consider the general teachings of Islam.
Even if this attribution to Imam is true, this speech is certainly wrong. But if it is falsely attributed, then may Allah grant him good, as people have falsely accused him for it.
And it has been an issue, specially because many of the caliphs used to be intoxicated into wine. We do not say that every caliph was such, but it is very much probable that since the Hanafi madhab was majorly followed specially in Khurasaan, India and other places before, this opinion would have been pleasing to those rulers! It is such a thing that Shaitân motivates everyone to it. Begin drinking a little, and gradually it will become a habit. So, they would be busy intoxicating themselves 'following' this opinion, while the enemies would be attacking the borders!
The hadith is so clear, yet they give fatwas opposing it clearly in their books. The beloved messenger said:
" مَا أَسْكَرَ كَثِيرُهُ, فَقَلِيلُهُ حَرَامٌ"
"If a large quantity of any beverage intoxicates, then a small amount of it is prohibited." [Musnad Ahmad, Abu Dawood and others]
Anything! It is not specific to grape, wheat, or anything else. Upto an extent that there is a narration from Aisha (radiyallahu aha) that when she said:
وَإِنْ أَسْكَرَكُنَّ مَاءُ حُبِّكُنَّ فَلاَ تَشْرَبْنَهُ
'Beware of green earthenware jars, and if the water in your clay vessels intoxicates you, do not drink it.'" (Sunan An-Nasa'i).
Hubb refers to love as well, but here it is the type of a jar that is wide at the bottom and narrow at the top. And its cover is called karaamah. She said that if you filled water in it at night, and if next morning it becomes intoxicating, then throw it. In-spite of knowing this, few show 'guts' claiming grape wine to be completely prohibited, but others to be based on the amount of intoxication. This means that you make alcohol, and keep it! How many ahadith are mocked due to this single fatwa. May Allah destroy such ta'ssub.
Shar'iah has considered curse on the one who prepares it, holds it, presents it, and preserves it. Everything that is cursed is a major sin. Then from where does the possibility of selling it to non-Muslims come? Its your freedom to choose, but you attacking the holiness of the beloved messenger by such fatwas.
How about using it as medicine? The beloved messenger was asked by a doctor: 'We want to use alcohol for medication.' The beloved messenger answered:
" إِنَّهَا لَيْسَتْ بِدَوَاءٍ, وَلَكِنَّهَا دَاءٌ"
"It is not a medicine, it is a disease." (Saheeh Muslim and Abu Dawud)
It is itself a disease, not a medication! And focus on the next hadith:
" إن الله لم يجعل شفاءكم فيما حرم عليكم "
“Allaah does not put your cure in that which He has forbidden to you.” (narrated by al-Bukhaari in a mu’allaq report; al-Fath, vol. 1, p. 78)
Indeed Allah has not placed cure for my ummah, in which he has prohibited on them.
The prophet said:
مَا أَنْزَلَ اللَّهُ دَاءً إِلاَّ أَنْزَلَ لَهُ شِفَاءً
"There is no disease that Allah has created, except that He also has created its treatment." (Saheeh al Bukhari)
There is no disease that Allah placed except that he has given a cure to it.
And it is not necessary that only one cure is there for a disease. So, if someone encourages consuming alcohol - which can only be a disbeliever as no Muslim would make such a claim. True that there are benefits in alcohol, and Allah has himself stated it, but its harm is more. But because its results are very destructive, Shar'iah has cut it from its roots. It could be a medication for a Hindu, or any disbeliever or polytheist but it won't be a medication for a Muslim. We must have firm belief in this statement of the prophet.
Now the issue is that some amount of alcohol is put in medicines for its preservation, to lengthen the expiry date. But has Allah given only this way? Because we Muslims are under others, but if a Muslim were to make the medication, he would certainly find something that would lengthen the date further! But if it is a necessitate, as the fatwa has been given by Majma' Fiqh Academy, that when no other way is found in-spite of research and study, then it may be used to save a life, but not continued for any-other thing. And Muslim doctors and companies are advised to not involve into with any alcohol. But if people will continue to be careless and dependent on others, then they will give whatever they want! Why do Muslims wake up so that Muslims receive the correct and lawful (halal) things.
We often receive calls from London and European countries, let me narrate you one from an Urdu speaking woman. Such stories terrify men, may Allah guide Muslims that they leave these places for better ones. She said: My husband passed away. I and my child were left alone living together. My son grew up and began drinking. I used to stop him but wouldn't listen to it and bring it to home. Note that this actually happened and is not false story. One day he drank a lot, closed the door of my room and got ready to do everything with me. And then, I could not control myself. He repeated the same next day. And now it has become our habit, we cannot live separately."
Contemplate on this: From the path that boy came out is doing that in the same path. Now you reflect, it is such a disgusting thing, and is nothing but result of alcohol.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 099)
[1] Footnote:
كَتَبَ الْمُغِيرَةُ إِلَى مُعَاوِيَةَ سَلاَمٌ عَلَيْكَ أَمَّا بَعْدُ فَإِنِّي سَمِعْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ " إِنَّ اللَّهَ حَرَّمَ ثَلاَثًا وَنَهَى عَنْ ثَلاَثٍ حَرَّمَ عُقُوقَ الْوَالِدِ وَوَأْدَ الْبَنَاتِ وَلاَ وَهَاتِ . وَنَهَى عَنْ ثَلاَثٍ قِيلٍ وَقَالٍ وَكَثْرَةِ السُّؤَالِ وَإِضَاعَةِ الْمَالِ " .
Warrad reported that al-Mughira wrote to Mu'awiya:
Peace be upon you, and then coming to the poirt (I should say) that I heard Allah's Messenger (ﷺ) as saying: Verily Allah has Prohibited three things and has forbidden three things. He has declared absolutely haram the disobedience of father, burying of daughters alive, and withholding that which you have power to return, and has forbidden three things: irrelevant talk, persistent questioning, and wasting of wealth. [Saheeh Muslim]
96. Prohibition of pig meat:
عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ ـ رضى الله عنهما ـ أَنَّهُ سَمِعَ رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ عَامَ الْفَتْحِ، وَهُوَ بِمَكَّةَ " إِنَّ اللَّهَ وَرَسُولَهُ حَرَّمَ بَيْعَ الْخَمْرِ وَالْمَيْتَةِ وَالْخِنْزِيرِ وَالأَصْنَامِ ".
Narrated Jabir bin `Abdullah:
I heard Allah's Messenger (ﷺ), in the year of the Conquest of Mecca, saying, "Allah and His Apostle made illegal the trade of alcohol, dead animals, pigs and idols." (Agreed upon)
No act of Allah is without any wisdom. With regards to pig meat, there are many diseases connected to it. And it also leads to bad habits, as the food one eats affects him. The command of performing wudhu after eating Camel meat must as well have some wisdom. Camels stay in much heat and open desserts, so those who eat camel meat say that eating it makes one stubborn and even affects the heart.
Animals other than pig including even a dog attacks if anyone tries get along with its female partner. But a pig is known to be a 'dayyoos' (shameless), it supports other male pigs who try to lay with its partner. This has been noted since olden times, and you'll find this in 'Hayaat-ul Haywaan' (حياة الحيوان الكبرى للدميري) as well which discusses life of animals in much detail.
Now you determine the results of eating it, the one who eats it may not have anything called 'gheerah' (protective jealousy). They think that if a 14-15 years old daughter is not able to have a boy-friend, she is mentally backward, and they want her to have a boy-friend staying with her! So, this is the effect of pig meat.
But they falsely claim that they bred them (pigs) up such that it is free from diseases!
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 099)
97. Prohibition of fat of dead meat:
عن جابر بن عبد الله أنه سمع النبي صلى الله عليه وسلم عام الفتح وهو بمكة يقول : إن الله ورسوله حرم بيع الخمر والميتة والخنزير والأصنام فقيل : يا رسول الله ، أرأيت شحوم الميتة ، فإنه يطلى بها السفن ، ويدهن بها الجلود ، ويستصبح بها الناس ؟ قال : لا ، هو حرام ، ثم قال رسول الله صلى الله عليه وسلم عند ذلك : " قاتل الله اليهود ، إن الله حرم عليهم الشحوم ، فأجملوه ، ثم باعوه ، فأكلوا ثمنه " خرجه البخاري ومسلم
Narrated Jabir bin `Abdullah:
I heard Allah's Messenger (ﷺ), in the year of the Conquest of Mecca, saying, "Allah and His Apostle made illegal the trade of alcohol, dead animals, pigs and idols." The people asked, "O Allah's Messenger (ﷺ)! What about the fat of dead animals, for it was used for greasing the boats and the hides; and people use it for lights?" He said, "No, it is illegal." Allah's Messenger (ﷺ) further said, "May Allah curse the Jews, for Allah made the fat (of animals) illegal for them, yet they melted the fat and sold it and ate its price." (Agreed upon)
The sahaba showed their need for it, yet he prohibited it. This means that unless it is the only available option, then it comes under the general ruling of: الضرورات تبيح المحظورات (Haram things becomes Halal at times of necessity).
You will find a lot of other sources of oil for lamping, it is not the only option. Similarly, for caulking ships you will find charcoal or other options as well. Thus, making use of something Haram is not permissible for whatever need it be.
Then the prophet said: May Allah curse the Jews, when Allah the Most High declared the fat of such animals unlawful they melted it, then sold it and enjoyed the price they received. (Agreed upon)
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 099)
98. Transactions of only halal products is permissible:
عن جابر بن عبد الله أنه سمع النبي صلى الله عليه وسلم عام الفتح وهو بمكة يقول : إن الله ورسوله حرم بيع الخمر والميتة والخنزير والأصنام فقيل : يا رسول الله ، أرأيت شحوم الميتة ، فإنه يطلى بها السفن ، ويدهن بها الجلود ، ويستصبح بها الناس ؟ قال : لا ، هو حرام ، ثم قال رسول الله صلى الله عليه وسلم عند ذلك : " قاتل الله اليهود ، إن الله حرم عليهم الشحوم ، فأجملوه ، ثم باعوه ، فأكلوا ثمنه " خرجه البخاري ومسلم .
Narrated Jabir bin `Abdullah:
I heard Allah's Messenger (ﷺ), in the year of the Conquest of Mecca, saying, "Allah and His Apostle made illegal the trade of alcohol, dead animals, pigs and idols." The people asked, "O Allah's Messenger (ﷺ)! What about the fat of dead animals, for it was used for greasing the boats and the hides; and people use it for lights?" He said, "No, it is illegal." Allah's Messenger (ﷺ) further said, "May Allah curse the Jews, for Allah made the fat (of animals) illegal for them, yet they melted the fat and sold it and ate its price." (Agreed upon)
Muslims kept alcoholic drinks in their homes in Madinah before its prohibition, and their vessels would be filled with it. When it was prohibited, they threw it all such that it was flowing on the streets like how water flows!
Someone asked the beloved messenger: O Allah's messenger, we have some wine for sale which is under the property of orphans.
Since orphans are poor, may we sell the wine for the sake of their benefit. But the beloved messenger ordered that it should be poured away (and Allah would bestow them with wealth) [Majmoo fataawa, Shaikh-ul Islaam (21/483)]
قد ثبت عن النبي صلى الله عليه وسلم : " أنه سئل عن خمر ليتامى فأمر بإراقتها ، فقيل له : إنهم فقراء فقال : ( سيغنيهم الله من فضله )
Therefore, it is not permissible to make profit from it in Islam. What is prohibited, selling it will be prohibited.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 099)
99. The seller's right to determine price or setting terms and conditions:
وعن ابن مسعود رضي الله تعالى عنه قال: سمعت رسول الله صلى الله عليه وسلم يقول: (إذا اختلف المتبايعان وليس بينهما بينة فالقول ما يقول رب السلعة أو يتتاركان) رواه الخمسة وصححه الحاكم
Narrated Ibn Mas'ood (radiyallahu anh): I heard the messenger of Allah saying, "When two people who are arranging a business transaction disagree and there is no proof to arbitrate between them, the seller's word is the final, or they may break the deal." [Reported by al-Khamsa and authenticated by al-Hakim]
If the seller decides to sell only for example in forty riyals, then the customer should either buy it in that price or leave. The customer cannot force the seller to lower the price. For example, they agreed for a lower price. Later, when the time for payment comes, the seller changes the price to higher one. Now they both begin to quarrel. But if the customer has no proof, he should either agree on the new price or cancel the transaction.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 099)
100. Prohibition of selling dogs:
وعن أبي مسعود الأنصاري رضي الله عنه: (أَنَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ نَهَى عَنْ ثَمَنِ الكَلْبِ، وَمَهْرِ البَغِيِّ، وَحُلْوَانِ الكَاهِنِ) متفق عليه
Abu Mas’ood al-Ansaari (radiyallahu anh) said that the Messenger of Allah forbade the price of a dog, the wages (or payment) of a prostitute and the fee (gift) of a fortuneteller (or soothsayer). (Agreed upon)
Keeping a dog for hunting is permissible, but if selling dogs is prohibited, then where will you find a dog?
The scholars have answered this. Dogs are found in great number in villages and other areas. Find a puppy and keep it. Keeping a dog is not prohibited, so keep and train it. But if you want to sell it after training it, this is not permissible nor is it permissible for anyone to buy it.
The narration is clear that the beloved messenger prohibited 'pricing' the dog. Such a comprehensive word that includes both buying and selling.
And the shaikh also said later:
But they say nowadays that there comes need for security dogs used by police. If they are not able to find dogs, what should they do?
Scholars have permitted it in very specific situations like for searching thieves, murderers etc., who those dogs need to smell only once to remember their smell. Therefore, they permitted it on the basis of maslaha (benefits)
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 099)
101. Permissibility of usage of tanned skin of all animals, wild and non-wild, dead and sacrificed:
Brother has asked whether usage of skins of animals like dogs, lions, bears after tanning is permissible.
Yes, and we say that one the basis of hadith of the beloved messenger:
أَيُّمَا إِهَابٍ دُبِغَ فَقَدْ طَهُرَ
"Any skin that is tanned, it becomes purified.” [Sunan an-Nasa'i, Ibn Majah and others]
First it was najas (impure), then it becomes pure (after tanning). The freed slave-girl of Maimoona was given a goat in charity but it died. The Messenger of Allah (ﷺ) happened to pass by that (carcass). Upon this he said:
هَلاَّ أَخَذْتُمْ إِهَابَهَا فَدَبَغْتُمُوهُ فَانْتَفَعْتُمْ بِهِ
"Why did you not take off its skin? You could put it to use, after tanning it." They (the Companions) said:
فَقَالُوا إِنَّهَا مَيْتَةٌ
"It is dead." Upon, this he (the Messenger of Allah) said:
إِنَّمَا حَرُمَ أَكْلُهَا
"Only its eating is prohibited."
Nowadays there has been much development in tanning methods, specially in Madras (India) and other places where they tanning it takes only few hours. But in the past times of what I have myself witnessed that they would tan such that it would become completely clean.
Yet many scholars made dog and pigs to be an exception. But the general wording of the Hadith shows that even dog and pig skin is included. However, this issue is differed upon.
But because the proof (that it is permissible) has been taken from a hadith, it cannot be refuted so easily. Had the beloved messenger made dog and pig skin to be an exception, then that opinion would be acceptable. It is for this reason some scholars are of the opinion that it is all permissible.
And some others said that it is permissible to use for dry uses like making shoes, carpets, etc., but not for wet uses like utensils for water or juice.
So this is as well a point of difference. But because the proof is hadith permits everything in general (عموم):
أَيُّمَا إِهَابٍ دُبِغَ ...
"Any skin that is tanned..."
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 099)
102. Prostitution business is illegal and prohibited:
وعن أبي مسعود الأنصاري رضي الله عنه: (أَنَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ نَهَى عَنْ ثَمَنِ الكَلْبِ، وَمَهْرِ البَغِيِّ، وَحُلْوَانِ الكَاهِنِ) متفق عليه
Abu Mas’ood al-Ansaari (radiyallahu anh) said that the Messenger of Allah forbade the price of a dog, the wages (or payment) of a prostitute and the fee (gift) of a fortuneteller (or soothsayer). (Agreed upon)
The money that an immoral woman earns through prostitution is prohibited. The act is itself prohibited (haraam) and taking or giving payment for it is all prohibited.
The payment is called "mahr" here although what it means is payment or illegal earning. A woman becomes halal (permissible) for a man after giving mahr (dowry given for marriage), and so mahr is used here in the same meaning (although in this case, she does not become permissible).
Therefore, if the act is prohibited, then it becomes obvious that earning from it is as well prohibited on the taker, giver and the agent.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 099)
Footnote:
The admin of Final Revelation once posted on facebook:
A poor prostitute who dances for money and sleeps for a living is considered as a bad profession and a bad person.
A rich movie celebrity who dances and sleeps as part of acting/casting for money is idealized and praised by the very same society !!
If you wouldn't like your daughter entering the first profession, how can you encourage her for the latter even if there may be some differences?! [there are some retards who are okay with the 1st as well ]
Society and its values may change depending on political scenarios [e.g covering up is terrorism but naked beaches is culture in France ] or peer pressure [prostitutes given respect in bollywood like sunny leone] or etc. but we shouldn't change our values and morals like periodic democratic elections. This is what defines you as a person.
103. How horoscopists and palm-readers fool the people to earn business profits:
Abu Mas’ood al-Ansaari (radiyallahu anh) said that the Messenger of Allah forbade the price of a dog, the wages (or payment) of a prostitute and the fee (gift) of a fortuneteller (or soothsayer). (Agreed upon)
They usually have shayâteen (devils) serving them. The jinns would go up-to the heavens and try to get information but later their entrance was prohibited at the time of the beloved messenger and stars were set to hit them as a punishment for trespassers. They were amazed:
وَأَنَّا لَمَسْنَا السَّمَاءَ فَوَجَدْنَاهَا مُلِئَتْ حَرَسًا شَدِيدًا وَشُهُبًا
"And we have sought [to reach] the heaven but found it filled with powerful guards and burning flames."
وَأَنَّا كُنَّا نَقْعُدُ مِنْهَا مَقَاعِدَ لِلسَّمْعِ ۖ فَمَن يَسْتَمِعِ الْآنَ يَجِدْ لَهُ شِهَابًا رَّصَدًا
"And we used to sit therein in positions for hearing, but whoever listens now will find a burning flame lying in wait for him."
وَأَنَّا لَا نَدْرِي أَشَرٌّ أُرِيدَ بِمَن فِي الْأَرْضِ أَمْ أَرَادَ بِهِمْ رَبُّهُمْ رَشَدًا
"And we do not know [therefore] whether evil is intended for those on earth or whether their Lord intends for them a right course." [al-Jinn 71:8-10]
Sufyan ibn Uyaynah explained that if a jinn is saved from the hit, then he gets a chance to hear some information. [1]
Therefore, no doubt that the claims of current soothsayers, fortune-tellers, horoscopists, palm-readers, etc., is merely based on stealing private information, probabilities and lies of the jinns. It happens to be true at-times and false most of the time.
They very often create fights and quarrels among people by giving false information. It leads to differing, the aqeedah (of having trust and tawakkul on Allah) gets corrupted, etc., and thus Islam prohibited all this.
Therefore, don't even think of going to them unless you get trapped in their tricks!
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 099)
Footnote: [1]
Shaikh Luqman Salafi wrote in his taisīr ur Rahman in exp. of Surat-ul Mulk:
"These devils are hit by some stars who try to listen to the conversation of the angels approaching near the lowest sky. Hafiz Ibn Kathir writes that the devils are not hit by those stars that are firmly established in the heavens, rather they flames of fire (meteoric missiles) which drive away the devils proceeding towards the heavens." [pg 1523]
And the proof for the statement of Imam Sufyan ibn Uyaynah could be the following ayaat:
إِنَّا زَيَّنَّا السَّمَاءَ الدُّنْيَا بِزِينَةٍ الْكَوَاكِبِ
Indeed, We have adorned the nearest heaven with an adornment of stars
وَحِفْظًا مِّن كُلِّ شَيْطَانٍ مَّارِدٍ
And as protection against every rebellious devil
لَّا يَسَّمَّعُونَ إِلَى الْمَلَإِ الْأَعْلَىٰ وَيُقْذَفُونَ مِن كُلِّ جَانِبٍ
[So] they may not listen to the exalted assembly [of angels] and are pelted from every side,
دُحُورًا ۖ وَلَهُمْ عَذَابٌ وَاصِبٌ
Repelled; and for them is a constant punishment,
إِلَّا مَنْ خَطِفَ الْخَطْفَةَ فَأَتْبَعَهُ شِهَابٌ ثَاقِبٌ
Except one who snatches [some words] by theft, but they are pursued by a burning flame, piercing [in brightness]. [as-Saffât 37:6-10]
And it is a strong proof.
104. Types of terms and conditions, permissible and impermissible ones:
حَدَّثَنِي جَابِرُ بْنُ عَبْدِ اللَّهِ، أَنَّهُ كَانَ يَسِيرُ عَلَى جَمَلٍ لَهُ قَدْ أَعْيَا فَأَرَادَ أَنْ يُسَيِّبَهُ قَالَ فَلَحِقَنِي النَّبِيُّ صلى الله عليه وسلم فَدَعَا لِي وَضَرَبَهُ فَسَارَ سَيْرًا لَمْ يَسِرْ مِثْلَهُ قَالَ " بِعْنِيهِ بِوُقِيَّةٍ " . قُلْتُ لاَ . ثُمَّ قَالَ " بِعْنِيهِ " . فَبِعْتُهُ بِوُقِيَّةٍ وَاسْتَثْنَيْتُ عَلَيْهِ حُمْلاَنَهُ إِلَى أَهْلِي فَلَمَّا بَلَغْتُ أَتَيْتُهُ بِالْجَمَلِ فَنَقَدَنِي ثَمَنَهُ ثُمَّ رَجَعْتُ فَأَرْسَلَ فِي أَثَرِي فَقَالَ " أَتُرَانِي مَاكَسْتُكَ لآخُذَ جَمَلَكَ خُذْ جَمَلَكَ وَدَرَاهِمَكَ فَهُوَ لَكَ " .
Jabir b. 'Abdullah (Allah be pleased with them) reported that he was travelling on his camel which had grown jaded, and he decided to let it off. He said: When Allah's Apostle (ﷺ) met me and prayed for me and struck it, so it trotted as it had never trotted before. He said:
Sell it to me for an 'uqaya. I said: No. He again said: Sell it to me. So I sold it to him for an 'uqaya, but made the stipulation that I should be allowed to ride back to my family. Then when I came to (my place) I took the camel to him and he paid me its price in ready money. I then went back and he sent: (someone) behind me (and as I came) he said: Do you see that I asked you to reduce price for buying your camel. Take your camel and your coins; these are yours. [Agreed upon, and this is Muslim's version]
It is clearly a business transaction initially, and not gift as others suggest. Later only, the prophet gifted him after the completion of sale. Furthermore, apparently Jabir (radiyallahu anh) did not want to give the camel as it was blessed by the prophet. Because it is not possible that he does not gives his camel when asked, although it is these companions who sacrificed their lives for him.
This hadith also shows that it is permissible to stipulate conditions in a sale. For example, it is permissible to stipulate delivery of the product to specific address with the sale. As for those which oppose the Qur'an and the sunnah, then as the prophet stated:
كُلُّ شَرْطٍ لَيْسَ فِي كِتَابِ اللَّهِ فَهُوَ بَاطِلٌ وَإِنْ كَانَ مِائَةَ شَرْطٍ
Every condition that is not in the Book of Allah is invalid, even if there are one hundred conditions. [Ibn Majah]
This means that it is correct if it does not opposes it. Some madhaahib (schools of thought) were of the opinion that stipulating conditions is wrong, but this opinion is not correct. But the correct opinion is that the condition should be correct. For example, selling a camel while stipulating to not ride it! If you stipulate this on that customer, so why would he buy it? Or to stipulate to not lay in bed with the slave. All such conditions are invalid. The one who buys ha the right to benefit from it, according to the shar'iah. Thus, such invalid and false (baatil) conditions were not accepted by the prophet.
Therefore, conditions which do not have clarity or may become a reason of obvious dispute is a correct condition. We get to know from this hadith that correct conditions are valid.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 100)
105. Change of mind after agreement:
سَمِعْتُ جَابِرَ بْنَ عَبْدِ اللَّهِ ـ رضى الله عنهما ـ قَالَ أَعْتَقَ رَجُلٌ مِنَّا عَبْدًا لَهُ عَنْ دُبُرٍ، فَدَعَا النَّبِيُّ صلى الله عليه وسلم بِهِ فَبَاعَهُ. قَالَ جَابِرٌ مَاتَ الْغُلاَمُ عَامَ أَوَّلَ.
Narrated Jabir bin `Abdullah: A man amongst us declared that his slave would be freed after his death. The Prophet (ﷺ) called for that slave and sold him. The slave died the same year. [Agreed upon]
This man decided and agreed that his slave would be free after his death. But as in other narrations, he become in need of wealth, so he sold the slave at the advice of the prophet. This is because freeing the slave is a voluntary deed, and it is similar to the case of waqf. If a man puts a building as a waqf, but when he becomes in need of it due business loss or whatever reason, now he has the right to live in it, at-least for his own living!
Another narration mentions:
فاشترى له فرسا بثلاثمائة درهم
"He sold it for eight hundred dirhams." [al minhaj - Sharh saheeh al Muslim]
In the same meaning is this hadith which shows that the master has the right to change his view until the condition is not fulfilled:
عَنْ عَمْرِو بْنِ شُعَيْبٍ، عَنْ أَبِيهِ، عَنْ جَدِّهِ، عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ " الْمُكَاتَبُ عَبْدٌ مَا بَقِيَ عَلَيْهِ مِنْ مُكَاتَبَتِهِ دِرْهَمٌ " .
Narrated 'Amr b. Shu'aib: on his father's authority, told that his grandfather reported the Prophet (ﷺ) said: A slave who has entered into an agreement to purchase his freedom is a slave as long as a dirham of the agreed price remains to be paid. [Sunan Abi Dawood]
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 100)
106. Selling broken products/ damaged items:
عَنِ ابْنِ عَبَّاسٍ، عَنْ مَيْمُونَةَ ـ رضى الله عنهم ـ قَالَتْ سُئِلَ النَّبِيُّ صلى الله عليه وسلم عَنْ فَأْرَةٍ سَقَطَتْ فِي سَمْنٍ فَقَالَ " أَلْقُوهَا وَمَا حَوْلَهَا وَكُلُوهُ ".
Narrated Maimuna:
The Prophet (ﷺ) was asked about a mouse that had fallen into butter-fat (and died). He said, "Throw away the mouse and the portion of butter-fat around it, and eat the rest." [Reported by al-Bukhari]
This ruling applies in all foods and drinks, be it butter-fat (ghee) or oil or any other drink, Remove the infected/effected area and make use of the rest. And the same applies when a dog licks ghee, and applies more so when ghee is in solid form. One must see the maqasid (objectives) and judge according to each case.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 100)
107. The Mufti must quote the proof (Aayah or Hadith)
عَنْ أَبِي الزُّبَيْرِ، قَالَ سَأَلْتُ جَابِرًا عَنْ ثَمَنِ الْكَلْبِ، وَالسِّنَّوْرِ، قَالَ زَجَرَ النَّبِيُّ صلى الله عليه وسلم عَنْ ذَلِكَ .
Abu Zubair said: I asked Jabir about the price of a dog and a cat; he said: Allah's Messenger (ﷺ) disapproved of that. [Narrated by Muslim and Nis'ai; the latter added "except a hunting a dog" and it is declared munkar by shaikh Wasiullah]
The Arabic word "zajara" means not mere disapproval but strict disapproval. Therefore pricing and selling both dogs and cats is not permissible.
Another point to note, when you compare the narrations of sahaba and the books of muhadditheen and early fuqaha, and then compare it with later fuqaha, you will find much difference! You will find the sahaba always referring back to the beloved messenger, even while speaking to laymen and ignorant men.
Similarly, the Mufti must as well quote the Qur'an and Hadith, and refer it back to it. Furthermore, you will also find that once you mention the hadith, the questioner will be satisfied, content and ascertain.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 100)
108. Agreement to false conditions does not necessitates following it:
عَنْ عُرْوَةَ عَنْ عَائِشَةَ أَنَّهَا قَالَتْ جَاءَتْ بَرِيرَةُ إِلَىَّ فَقَالَتْ يَا عَائِشَةُ إِنِّي كَاتَبْتُ أَهْلِي عَلَى تِسْعِ أَوَاقٍ فِي كُلِّ عَامٍ أُوقِيَّةٌ فَأَعِينِينِي . وَلَمْ تَكُنْ قَضَتْ مِنْ كِتَابَتِهَا شَيْئًا فَقَالَتْ لَهَا عَائِشَةُ وَنَفِسَتْ فِيهَا ارْجِعِي إِلَى أَهْلِكِ فَإِنْ أَحَبُّوا أَنْ أُعْطِيَهُمْ ذَلِكَ جَمِيعًا وَيَكُونَ وَلاَؤُكِ لِي فَعَلْتُ . فَذَهَبَتْ بَرِيرَةُ إِلَى أَهْلِهَا فَعَرَضَتْ ذَلِكَ عَلَيْهِمْ فَأَبَوْا وَقَالُوا إِنْ شَاءَتْ أَنْ تَحْتَسِبَ عَلَيْكِ فَلْتَفْعَلْ وَيَكُونَ ذَلِكَ لَنَا . فَذَكَرَتْ ذَلِكَ عَائِشَةُ لِرَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ " لاَ يَمْنَعُكِ ذَلِكَ مِنْهَا ابْتَاعِي وَأَعْتِقِي فَإِنَّ الْوَلاَءَ لِمَنْ أَعْتَقَ " . فَفَعَلَتْ وَقَامَ رَسُولُ اللَّهِ صلى الله عليه وسلم فِي النَّاسِ فَحَمِدَ اللَّهَ تَعَالَى ثُمَّ قَالَ " أَمَّا بَعْدُ فَمَا بَالُ النَّاسِ يَشْتَرِطُونَ شُرُوطًا لَيْسَتْ فِي كِتَابِ اللَّهِ مَنِ اشْتَرَطَ شَرْطًا لَيْسَ فِي كِتَابِ اللَّهِ فَهُوَ بَاطِلٌ وَإِنْ كَانَ مِائَةَ شَرْطٍ قَضَاءُ اللَّهِ أَحَقُّ وَشَرْطُ اللَّهِ أَوْثَقُ وَإِنَّمَا الْوَلاَءُ لِمَنْ أَعْتَقَ " .
It was narrated that 'Aishah said:
"Barirah came to me and said: 'O 'Aishah, I have drawn up a contract of manumission with my master, (to buy my freedom) in return for nine Uwqiyah, one Uwqiyah to be paid each year; help me,' she had not yet paid anything toward her contract of manumission.' 'Aishah, who liked her and wanted to help her, said: 'Go back to your masters and if they agree to let me pay the whole sum and that your loyalty will be to me, I will do it.' So Barirah went to her masters and suggested that to them, but they refused and said: 'if she wants to seek reward (with Allah) by freeing you, let her do so, but (your loyalty) will be to us, 'Aishah told the Messenger of Allah about that and he said: 'Do not let that stop you. Buy her and set her free, and loyalty belongs to the one who sets the slave free.' So she did that, then the Messenger of Allah stood up before the people, praised and glorified Allah, then said: 'What is the matter with people who stipulate conditions that are not in the Book of Allah? Whoever stipulates conditions that are not in even if there are a hundred conditions! The decree of Allah takes priority, and the conditions of Allah binding. And loyalty belongs to the one who sets the slaves free.' [Saheeh al Bukhari]
Mawla is the freed slave, and Wala' is property left after the death of the Mukatab slave. Whatever a mawla earns all his life after freedom, will go to the one who freed him after his death if he does not has any children (or inheritor).
But stipulating to keep the Wala' to oneself even after selling one's slave is impermissible and invalid.
This is because it opposes the established rule:
عَنِ ابْنِ عُمَرَ، عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ " إِنَّمَا الْوَلاَءُ لِمَنْ أَعْتَقَ ".
Narrated Ibn `Umar: The Prophet (ﷺ) said, "The Wala' is for the manumitted (of the slave)." [Saheeh al Bukhari]
And this is why the beloved messenger said: 'Do not let that stop you. Buy her and set her free, and loyalty belongs to the one who sets the slave free.' So she did that, then the Messenger of Allah stood up before the people, praised and glorified Allah, then said: 'What is the matter with people who stipulate conditions that are not in the Book of Allah? Whoever stipulates conditions that are not in even if there are a hundred conditions! The decree of Allah takes priority, and the conditions of Allah binding. And loyalty belongs to the one who sets the slaves free.
From this we learn:
1. It is not permissible for Muslims to stipulate invalid conditions.
2. If someone stipulated such invalid conditions, then: Our shaikh, Shaikh Shinqitee, who was very famous and the author of 'Adwaa al Bayaan, we got much to benefit from him alhamdulillah, he used to say: If someone stipulated such invalid conditions, then it is permissible to agree for the sake of transaction without following it. This is because the beloved messenger said: 'Do not let that stop you. Buy her and set her free, and loyalty belongs to the one who sets the slave free.' So agree with them, but when the time for action and implementation would come, the rule of shari'ah will be implemented. [1]
Shaikh (shinqitee) would give an example: If the wife stipulates that I will marry you on the condition that you do not remove me out from here. This condition has been differed upon by the scholars, but it is not correct. Similarly, stipulating to never marry more than one wife even after her death. Many women stipulate this: لا قبلها ولا بعدها (no one before, no one after). Shaikh used critique this and say that one may marry a second, third and fourth.
ِ[1] Footnote:
The question of copyrights automatically pops up in the mind. We say: Islam protects rights of the authors and artists. If someone copies your book or design, and then sells it in his/her name, then it absolute theft and there is no difference of opinion. However, if some stipulates copyrights with the below condition:
All Rights Reserved. No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying and recording or by any information storage and retrieval system, without the permission of the Publisher.
This is a matter where scholars differ, may Allah have mercy them and guide us to the truth. So, we called shaikh Wasiullah (may Allah preserve him) and asked about the copyright issue (on 13/11/2016) and he replied:
Theft should not be involved, and this stipulation is permissible. However, stopping people from benefiting completely is not permissible. With that said, if someone is making business with it then he has a right to stop people from doing so. This is specially in the case when they copy without referencing (plagiarize).
I think that this is meant by:
حقوق الطبعة محفوظة
(All Copyrights Reserved)
If someone publishes for business, then we do not permit (anyone to break copyright law). Many people are such that when they want to copy, they allow unrestrictedly to copy.
I asked: So will it be permissible stipulate this?
Shaikh said: It will be impermissible to stipulate: "Don't take anything from this book." Rather, benefit from it and refer back to it.
I asked: Thanks a lot shaikh. And what happens nowadays is that there are laws and rules that if anyone breaks the copyright law, he/she will be penalized fine of 7000, 8000, 20000 to even 50000. So, what do we do in countries when fine is put (for even restricted benefits like copying a page of the book, scanning a page, etc.). Will it be permissible to benefit this way?
Shaikh replied: I do not think that it is correct to penalize (even for a page), but penalizing for the complete book is correct in my opinion. I publish a book with much difficulty, but they benefit from by theft. And there are many publisher who permit copying, in that case it would be correct. But in the other case, penalizing would be correct.
I asked: Shaikh, there is no theft involved in this as when I copy (print) the book, the name of the publisher for example, Dar Ibn Hazm will be written anyways. And even the name of the author will be there: "Written by Shaikh Saleh al-Fawzan", "Written by Shaikh Wasiullah Abbas". So, if it is written like this (and it is not omitted) then this won't be theft, isn't it shaikh?
Shaikh: No, but this is for selling isn't it? Why do they sell? To make profits, as my hard-work is involved. This is why copyrights of the publisher are recognized.
However, at times the publisher himself states: "The one who re-publishes for the sake of Allah for distribution, we permit him." Isn't it?
Me: Yes shaikh, its true.
Shaikh: This is how Jews and Christians plagiarize for their benefits, and no one is able to catch them. May Allah protect.
I asked: Shaikh, I have a lost point. If someone is publishing a book in Makkah and these publishers are not here in Malaysia so that book is not distributed here. So, do I have a right to publish it here without their permission for the benefit of the people here?
Shaikh answered: Take their permission and then do so.
Me: Thanks a lot shaikh, Jazakallahu khair! - Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 100)
109. The right of the ruler to constitute rules, except "permitting the prohibited" or "prohibiting the obligatory":
عن ابن عمر - رضي الله تعالى عنهما - قال : نهى عمر عن بيع أمهات الأولاد فقال : لا تباع ، ولا تورث يستمتع بها ما بدا له . فإذا مات فهي حرة . رواه البيهقي ومالك ، وقال : رفعه بعض الرواة فوهم.
Narrated Ibn Umar (radiyallahu anh): Umar (radiyllahu anh) forbade the sale of slave women who have given birth to children (of their owners) and said, "She is not to be sold, bestowed as a gift or inherited; but he (the owner) enjoys her as long as he lives and when he dies, she becomes free." [Reported by Malik and al-Baihaqi]
وعن جابر - رضي الله عنه - قال: - كنا نبيع سرارينا, أمهات الأولاد, والنبي - صلى الله عليه وسلم - حي, لا نرى بذلك بأسا - رواه النسائي, وابن ماجه والدارقطني, وصححه ابن حبان.
Narrated Jabir (radiyallahu anh): We used to sell our slave-women who had borne children when the Prophet (sallallahu alayhi wa sallam) was alive and he saw no harm in that. [Reported by an-Nasa'i, Ibn Majah and ad-Daraqutni and Ibn Hibban graded it Sahih (sound)].
The narration shows that Umar forbade the sale of slave women who have given birth to children of their owners, although it was permissible at the time of the beloved messenger. It has been mentioned in narrations that that Umar (radiyallahu anh) heard some noise. So, he asked Yarfa' to go check the matter. He came back and informed that a slave woman's little child is being separated and sold. So, Umar (radiyllahu anh) gathered the sahaba and reminded them that their wealth and provision has increased, so he asked them to not sell the 'mothers of their children'. And people followed him. [Adapted from -Mustadrak ala as-saheehayn - al Hakim]
عن عبد الله بن بريدة عن أبيه قال كنت جالسا عند عمر بن الخطاب رضى الله تعالى عنه إذ سمع صائحة فقال يا يرفأ انظر ما هذا الصوت فانطلق فنظر ثم جاء فقال جارية من قريش تباع أمها قال فقال عمر أدع أو قال علي بالمهاجرين والأنصار قال فلم يمكث إلا ساعة حتى امتلت الدار والحجرة قال فحمد الله عمر وأثنى عليه ثم قال أما بعد فهل تعلمونه كان مما جاء به محمد صلى الله عليه وسلم القطيعة قالوا لا قال فإنها قد أصبحت فيكم فاشية ثم قرأ { هل عسيتم إن توليتم أن تفسدوا في الأرض وتقطعوا أرحامكم } ثم قال وأي قطيعة أفظع من أن تباع أم امرئ منكم وقد أوسع الله لكم قالوا فاصنع ما بدا لك أو ما شئت قال فكتب في الآفاق أن لا تباع أم حر فإنه قطيعة وإنه لا يحل [ المستدرك على الصحيحين]
This is how Umar (radiyallahu anh) forbade them. It wouldn't be said that Umar prohibited the permitted thing, or permitted the prohibited. But the point is that the wali al amr who is a Muslim and pious, not a drunkard(!), may constitute a law prohibiting (or il-legalizing) which may be permissible not obligatory. He may forbid the permissible, but cannot forbid the obligatory. Here, it is not obligatory that a man sells the slave mother of his children. It is permissible, not obligatory. This is permissible to do in power. The same applies to the triple talaq issue.
[Shaikh explained the triple talaq issue and Umar (radiyallahu anh)'s ruling, that triple used to considered single talaq at the time of the beloved messenger, but Umar (radiyallahu anh) in his rule saw people hurrying in talaq, so he decided to demotivate people by ruling triple talaq as one. And then shaikh said]:
Umar said: "She is not to be sold, bestowed as a gift or inherited; but he (the owner) enjoys her as long as he lives and when he dies, she becomes free."
Few people mistakenly think that it was the beloved messenger who said this, although it was Umar's statement. And furthermore, if Umar (radiyallahu anh)'s judgement was forever until the day of Resurrection, then you wouldn't find authentic narrations of Ali (radiyallahu anh) who (during his caliphate) said that Umar's view was to not sell but his view is to sell as it was in the era of beloved messenger. Therefore, Umar's view was not forever, not in this issue nor in the issue of triple talaq.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 100)
110. Prohibition of transactions which involve uncertainty:
عَنْ أَبِي هُرَيْرَةَ، قَالَ نَهَى رَسُولُ اللَّهِ صلى الله عليه وسلم عَنْ بَيْعِ الْحَصَاةِ وَعَنْ بَيْعِ الْغَرَرِ .
Abu Huraira (Allah be pleased with him) reported that Allah's Messenger (ﷺ) forbade a transaction determined by throwing stones, and the type which involves some uncertainty. [Saheeh Muslim]
Buying things or products without being certain of what you will get, as it could lead to quarrels. For example, I am selling you the fishes of this well. I didn't specify the number of fishes, and you do not know even if they are or not as they are still hidden inside. Therefore, an transaction which involves uncertainty is prohibited.
And the example for transaction performed by throwing stones is: Place multiple items, one priced hundred riyals, the other of fifty riyals, the next of two riyals, etc. Now you throw the stone, and whatever it hits, you will be buying it for hundred riyals. Even if hit the two riyal item, you will have to buy it for hundred. This is a form of gambling, which existed in the days of ignorance.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 101)
111. Ruling on credit transactions:
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، أَنَّهُ بَلَغَهُ . أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنْ بَيْعَتَيْنِ فِي بَيْعَةٍ .
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade two sales in one sale. [Narrated in Mawatta, also in similar wording by Ahmad and an-Nasa'i. At-Tirmidhi and Ibn Hibban graded it Sahih (sound)]
Example:
If you are buying in cash, it is for ten riyals. And if you are buying in credit (on loan), it is for twelve riyals. Now before taking the product, one must finalize whether it is on cash or credit, and the matter cannot be postponed for later (due to fear of quarrels).
But increasing the price for credit transactions is permissible, insha'Allah. Because trading is done for profit, but you taking it on credit means late payment. It is permissible to increase the price due to the delay involved.
But not finalizing whether it is a cash payment or credit leads to quarrels. The man may come next day with the excuse that a matter of day does not matter, and so on.
And further explanation in the next hadith:
عَنْ أَبِي هُرَيْرَةَ، قَالَ قَالَ النَّبِيُّ صلى الله عليه وسلم " مَنْ بَاعَ بَيْعَتَيْنِ فِي بَيْعَةٍ فَلَهُ أَوْكَسُهُمَا أَوِ الرِّبَا "
Narrated Abu Hurarirah:
The Prophet (ﷺ) said: If anyone makes two transactions combined in one bargain, he should have the lesser of the two or it will involve usury. [Sunan Abu Dawood, graded Hasan by shaikh al-Albani]
If someone sold the product without finalizing it to be a cash or credit transaction, then at the time of dispute, the lower of the two prices will be given.
This is why the seller must himself hold the hand and let the customer not go without finalizing. But if this is not done, at the time of dispute the lower price will be opted. This is as if it is a deterrent so that people be careful in these matters.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 101)
112. Prohibited conditions and transactions:
حَدَّثَنَا عَمْرُو بْنُ شُعَيْبٍ، قَالَ حَدَّثَنِي أَبِي، عَنْ أَبِيهِ، حَتَّى ذَكَرَ عَبْدَ اللَّهِ بْنَ عَمْرٍو أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " لاَ يَحِلُّ سَلَفٌ وَبَيْعٌ وَلاَ شَرْطَانِ فِي بَيْعٍ وَلاَ رِبْحُ مَا لَمْ يُضْمَنْ وَلاَ بَيْعُ مَا لَيْسَ عِنْدَكَ " . قَالَ أَبُو عِيسَى وَهَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ .
'Amr bin Shu'aib narrated to us, saying: My father narrated to me from his father' until he mentioned 'Abdullah bin 'Amr: "The Messenger of Allah (ﷺ) said: 'It is not lawful to lend and sell, nor two conditions in a sale, nor to profit from what is not possessed, nor to sell what one does not have.'" [Abu 'Eisa said: This Hadith is Hasan Sahih]
These are the principles of Business transactions mentioned here.
1. 'It is not lawful to lend and sell': Example, one sells you a car in twenty thousand but stipulates that fifteen thousand is the loan. This condition is not permissible, as you force him for loan thereby increasing the price although he is financially able to go for cash payment.
2. 'Nor two conditions in a sale': Scholars explained it as condition in the contract which goes against a major objective of the contract. This refers to what was mentioned earlier:
كُلُّ شَرْطٍ لَيْسَ فِي كِتَابِ اللَّهِ فَهُوَ بَاطِلٌ وَإِنْ كَانَ مِائَةَ شَرْطٍ
Every condition that is not in the Book of Allah is invalid, even if there are one hundred conditions. [Ibn Majah]
For example, I am selling you my camel, but do not drink from its milk nor ride on it. So, why would the customer buy it? Another ex., I am selling you my slave but with the condition that you don't make him serve you. Why is a slave bought? For services!
But other conditions as mentioned in one of the previous ahadith:
قَالَ " بِعْنِيهِ بِوُقِيَّةٍ " . قُلْتُ لاَ . ثُمَّ قَالَ " بِعْنِيهِ " . فَبِعْتُهُ بِوُقِيَّةٍ وَاسْتَثْنَيْتُ عَلَيْهِ حُمْلاَنَهُ إِلَى أَهْلِي .
Narrated Jabir: The prophet said:
Sell it to me for an 'uqaya. I said: No. He again said: Sell it to me. So I sold it to him for an 'uqaya, but made the stipulation that I should be allowed to ride back to my family. [Agreed upon, and this is Saheeh Muslim's version]
Jabir (radiyallahu anh) stipulated the condition, and the prophet agreed to it. This means that conditions which are clear and will not lead to obvious dispute is permissible.
3. 'Nor to sell what one does not have': This is a clear issue.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 101)
113. Security deposit/ Earnest money is permissible:
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنِ الثِّقَةِ، عِنْدَهُ عَنْ عَمْرِو بْنِ شُعَيْبٍ، عَنْ أَبِيهِ، عَنْ جَدِّهِ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنْ بَيْعِ الْعُرْبَانِ .
Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid. [Reported by Malik]
What is 'Urban? It refers to security deposit paid after agreeing to buy/rent something (to reserve the item). But what is the guarantee that you will buy tomorrow or not.
Thus, today I may pay some amount to reserve the item, and later make the complete payment. And looking in the custom, it works such that if I bought the item, the deposit will be included in the complete payment. But if I did not buy, he has the right to not return you back the deposit, because it is possible that just after you made the reservation someone else may have come to buy it. This is the custom, and scholars have permitted it.
But this hadith is not authentic. It is not proven with an authentic chain that the prophet forbade transactions in which nonrefundable deposits were paid.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 101)
114. Prohibition of selling a product in the place where it was bought from:
عَنِ ابْنِ عُمَرَ، قَالَ ابْتَعْتُ زَيْتًا فِي السُّوقِ فَلَمَّا اسْتَوْجَبْتُهُ لِنَفْسِي لَقِيَنِي رَجُلٌ فَأَعْطَانِي بِهِ رِبْحًا حَسَنًا فَأَرَدْتُ أَنْ أَضْرِبَ عَلَى يَدِهِ فَأَخَذَ رَجُلٌ مِنْ خَلْفِي بِذِرَاعِي فَالْتَفَتُّ فَإِذَا زَيْدُ بْنُ ثَابِتٍ فَقَالَ لاَ تَبِعْهُ حَيْثُ ابْتَعْتَهُ حَتَّى تَحُوزَهُ إِلَى رَحْلِكَ فَإِنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى أَنْ تُبَاعَ السِّلَعُ حَيْثُ تُبْتَاعُ حَتَّى يَحُوزَهَا التُّجَّارُ إِلَى رِحَالِهِمْ .
Narrated Ibn Umar:
I bought olive oil in the market. When I became its owner, a man met me and offered good profit for it. I intended to settle the bargain with him, but a man caught hold of my hand from behind. When I turned I found that he was Zayd ibn Thabit. He said: Do not sell it on the spot where you have bought it until you take it to your house, for the Messenger of Allah (ﷺ) forbade to sell the goods where they are bought until the tradesmen take them to their houses. [Reported by Ahmad and Abu Dawood; the version is of the latter; Ibn Hibban and Al-Hakim graded is Sahih (sound)]
Selling it in the same place where it was bought may lead to unnecessary quarrel with the shop owner wanting to have the profit. This is why the beloved messenger forbade this. However, there are exceptions to it. For example, when the market place is not restricted to one owner like the current day vegetable market which has multiple shops in the same place. You may buy and sell in such a place, as no one specifically owns it. This is permissible. But it isn't permissible to sell in that very shop, as the beloved messenger forbade it out of fear of quarrel for the profit.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 101)
115. The current exchange rate on the day of agreement should be used to make the payment, even if later:
عَنِ ابْنِ عُمَرَ، قَالَ كُنْتُ أَبِيعُ الإِبِلَ بِالْبَقِيعِ فَأَبِيعُ بِالدَّنَانِيرِ وَآخُذُ الدَّرَاهِمَ فَأَتَيْتُ النَّبِيَّ صلى الله عليه وسلم فِي بَيْتِ حَفْصَةَ فَقُلْتُ يَا رَسُولَ اللَّهِ إِنِّي أُرِيدُ أَنْ أَسْأَلَكَ إِنِّي أَبِيعُ الإِبِلَ بِالْبَقِيعِ فَأَبِيعُ بِالدَّنَانِيرِ وَآخُذُ الدَّرَاهِمَ قَالَ " لاَ بَأْسَ أَنْ تَأْخُذَهَا بِسِعْرِ يَوْمِهَا مَا لَمْ تَفْتَرِقَا وَبَيْنَكُمَا شَىْءٌ " .
It was narrated that Ibn 'Umar said:
"I used to sell camels at Al-Baqi and I would sell Dinars in exchange for Dirhams. I came to the Prophet in the house of Hafsah and said: 'O Messenger of Allah, I want to ask you: I sell camels in Al-Baqi and I sell Dinars in exchange for Dirhams. He said: 'There is nothing wrong with it if you take the price on that day, unless you depart when there is still unfinished business between you both (buyer and seller)."' [Sunan an-Nisa'i]
Al-Baqi' back in the day used to be a very big area, and there are other narrations mentioning that they would perform cupping in al-Baqi.
Dinar refers to gold coins, and Dirham refers to silver coins. Exchanging Dinars for Dirham is permissible with the condition that the current exchange rate on the day of agreement should be used to make the payment. For example, if he sold 100 Dirham, and the equivalent price rate today is 50 Dinar, then the customer must pay 50 Dinar, even if the customer pay the next day (or after months!). It may be that the rate on second day may be 100 Dirham = 55 Dinar, but this rate won't used for the payment.
Therefore, before departure, the price rate must be finalized on the day of transaction itself. Orelse, there are chances of dispute and quarrels. And the shari'ah forbids everything that divides the Muslims.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 101)
116. Business is done for profits, but one should not forget brotherhood:
وعن ابن عمر رضي الله عنهما، أن النبي صلى الله عليه وسلم نهى عن النَجَش، ((متفق عليه)).
Ibn 'Umar (May Allah be pleased with them) said: The Messenger of Allah (ﷺ) prohibited the practice of Najsh. [Al-Bukhari and Muslim]
Najsh (النجش) refers to when the predator sits on the right waiting for the prey, and sends other predators on the left to make the prey run towards the right where the predator is waiting. But what is being spoken abut in the hadith is when - for example, the customer enters a car showroom. Then, the sellers of different showrooms gather and agree to increase the price to sell it at a higher price. So, the actual price might 30k, but one says 40k, another 45k, another 43k; to deceive the customer to think that this is the current rate. The prophet forbade this. And another narration has:
عَنْ أَبِي، هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " لاَ تَحَاسَدُوا وَلاَ تَبَاغَضُوا وَلاَ تَجَسَّسُوا وَلاَ تَحَسَّسُوا وَلاَ تَنَاجَشُوا وَكُونُوا عِبَادَ اللَّهِ إِخْوَانًا " .
Abu Huraira reported Allah's Messenger (ﷺ) as saying. Don't nurse malice against one another, don't nurse aversion against one another and don't be inquisitive about one another and don't outbid one another (with a view to raising the price) [1] and be fellow-brothers and servants of Allah. [Saheeh Muslim]
This is clear deception, and thus forbidden.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 101)
ِ[1] Footnote:
an-Najsh has come in the ahadith in other meanings as well, as mentioned in Subul as-Salaam by Imam as-San'aani:
1. Making a bid merely to raise the price of an article by not a genuine bidder.
2. Another explanation of the word is that if someone buys something from a shopkeeper, the other shopkeeper is not allowed to allure him to sell his own goods at less price.
117. Brokers and agents should not deceive the sellers:
عَنْ عَبْدِ اللَّهِ بْنِ طَاوُسٍ، عَنْ أَبِيهِ، عَنِ ابْنِ عَبَّاسٍ ـ رضى الله عنهما ـ قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " لاَ تَلَقَّوُا الرُّكْبَانَ وَلاَ يَبِيعُ حَاضِرٌ لِبَادٍ ". قَالَ فَقُلْتُ لاِبْنِ عَبَّاسٍ مَا قَوْلُهُ لاَ يَبِيعُ حَاضِرٌ لِبَادٍ قَالَ لاَ يَكُونُ لَهُ سِمْسَارًا.
Narrated Tawus:
Ibn `Abbas said, "Allah's Messenger (ﷺ) said, 'Do not go out to meet the caravans on the way (for buying their goods without letting them know the market price); a town dweller should not sell the goods of a desert dweller on behalf of the latter.' I asked Ibn `Abbas, 'What does he mean by not selling the goods of a desert dweller by a town dweller?' He said, 'He should not become his broker.' [Saheeh al Bukhari]
People used to receive the caravans before they would enter the city by somehow deceiving them that the price is low in the city or they will have to face much hassle and competition. They would deceive and buy it all there itself, because they (brokers) used to have shops in the city and would keep selling for months at higher price. On the other hand, the caravans would come and quickly sell to ten people instead of one. This is why the beloved messenger forbid it (because of the deception involved).
Similarly, he forbid town dwellers to sell goods to town dwellers. Another narration mentions:
" لاَ يَبِعْ حَاضِرٌ لِبَادٍ دَعُوا النَّاسَ يَرْزُقِ اللَّهُ بَعْضَهُمْ مِنْ بَعْضٍ"
"The townsman should not sell for a man from the desert, leave the people alone, Allah will give them provision from one another." [Saheeh Muslim]
This again for the same reason (deception and rising of prices). The brokers would increase the price and keep selling until he gets full profit. These manners are very noble manners, and the objective is brotherhood so that no one happens to be at loss.
Ibn `Abbas was asked, 'What does he mean by not selling the goods of a desert dweller by a town dweller?' He said, 'He should not become his broker.'
However, (in current day) brokers and sellers are generally aware of the prices, and this is not a issue. But if someone becomes a broker for the wrong intention of deceiving the seller and increasing the price, then this is prohibited. But if his intention is to help and support the seller as an agent (or middleman), then this is permissible with the condition that he does not deceives the seller or the people.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 103)
118. Sin and oppression of evil men who take marriage as a joke, and divorce whenever they want:
وعن أبي هريرة رضي الله عنه قال: نهى رسول الله صلى الله عليه وسلم أن يبيع حاضر لباد، ولا تناجشوا ولا يبيع الرجل على بيع أخيه، ولا يخطب على خطبة أخيه، ولا تسأل المرأة طلاق أختها لتكفأ ما في إنائها. متفق عليه ولمسلم "وَلاَ يَسُومُ عَلَى سَوْمِ أَخِيهِ"
Abu Hurairah (radiyallahu anh) said:
The Messenger of Allah (ﷺ) forbade that a man in the city should be the commission agent of a man from the desert and prohibited the practice of Najsh (i.e., offering a high price for something in order to allure another customer who is interested in the thing); and that a man should make an offer while the offer of his brother is pending; or that he should make a proposal of marriage while that of his brother is pending; or that a woman should try that a sister of hers might be divorced so that she might take her place. [Agreed upon] And saheeh Muslim has addition: "A Muslim must not offer a price above that offered by another Muslim."
Look at our religion, by Allah's favor the beloved messenger informed us every big and small things. Because these are the things which lead to division, envy, quarrels and even murder! People begin to resent at loss of offer. Many tribes begin to fight and get killed due to one mistake.
This is why the beloved messenger forbid it completely, until the other person himself gives the permission. Similarly:
ولا تسأل المرأة طلاق أختها لتكفأ ما في إنائها
Look at our religion, by Allah's favor the beloved messenger informed us every big and small things. Because these are the things which lead to division, envy, quarrels and even murder! People begin to resent at loss of offer. Many tribes begin to fight and get killed due to one mistake.
This is why the beloved messenger forbid it completely, until the other person himself gives the permission. Similarly:
ولا تسأل المرأة طلاق أختها لتكفأ ما في إنائها
"Nor that a woman should try that a sister of hers might be divorced so that she might take her place."
It is possible that a young woman comes and offer herself saying: "You divorce her, then i will marry you." It may be that the man slips for the offer if she is young and beautiful, and such people exist. On a side note, remember that there are people here be it Saudis or other expatriates who stay here, they look for a weak woman and marry thinking to divorce whenever they want to. There exist such people, and this by the way is not permissible according to the shari'ah.
I myself witnessed a man who brought his wife from Pakistan, he invited for feast and everything and we were all happy. Life was going very well and he had a daughter as well. But later they had some silly misunderstandings, and he decided to leave her.
I told: Leaving a daughter just like that... I mean, there are others to who it does not matter, they keep marrying and divorcing and it does not matter them. But doing this specially after having a daughter, what was that innocent's mistake.
So people do this going to men asking them to divorce their wives. This is dhulm (oppression and darkness) in reality. And on the Day of Judgement when there would be much need for light (noor), then people will be in darkness in-spite of being people of faith due to their dhulm. The prophet said:
اِتَّقُوا اَلظُّلْمَ, فَإِنَّ اَلظُّلْمَ ظُلُمَاتٌ يَوْمَ اَلْقِيَامَةِ
“Beware of oppression, for oppression will turn into excessive darkness on the Day of Resurrection." [Saheeh Muslim]
For a man to think that he can divorce whenever he wants: This is not a play, its a matter of izzah (repute). This is why it is wrong for a man to do so, and nor should a woman seek from men to divorce their wives to take their place. This is not permissible.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 103)
119. Do not forget humanity for the sake of some wealth and profit:
عَنْ أَبِي أَيُّوبَ، قَالَ سَمِعْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ " مَنْ فَرَّقَ بَيْنَ وَالِدَةٍ وَوَلَدِهَا فَرَّقَ اللَّهُ بَيْنَهُ وَبَيْنَ أَحِبَّتِهِ يَوْمَ الْقِيَامَةِ "
Narrated Abu Ayyub:
That he heard the Messenger of Allah (ﷺ) say: "Whoever separates between a (slave) mother and her child, then Allah will separate between him and his beloved on the Day of Judgement."
[Narrated by Tirmidhi who said: There is something on this topic from 'Ali. This Hadith is Hasan Gharib. This is acted upon according to the people of knowledge among the Companions of the Prophet (ﷺ) and others. They dislike separating the captives, the mother and her child, the son and the father, and brothers]
By mentioning this hadith in the chapter of Business transactions, the author is trying to say:
If the child is not his, he should not separate the child as long as the child is young, irrespective of whether the children one or more he must sell them all together. You acknowledge that Islam has opened only one door for slavery and that is through war. When one gets slave women who already have children, he must not separate them. But when he happens to have his own child through her, he may sell with the condition that as long as the child is on breastfeeding or is in the days of upbringing he will take the responsibility of spending on himself. This is so that they don't get separated in early age considering mother's delicate affection towards the child, and separation will cause much trouble. This is why arrangement must be made to keep them together.
And similarly:
وعن علي بن أبي طالب رضي الله عنه قال: (أمرني رسول الله صلى الله عليه وسلم أن أبيع غلامين أخوين، فبعتهما، ففرقت بينهما، فذكرت ذلك للنبي صلى الله عليه وسلم، فقال: أدركهما فارتجعهما، ولا تبعهما إلا جميعاً) رواه أحمد، ورجاله ثقات، وقد صححه ابن خزيمة، وابن الجارود، وابن حبان، والحاكم، والطبراني، وابن القطان
Narrated Ali ibn Abi Talib (radiyallahu anh): Allah's messenger commanded me to sell two youths who were brothers. I sold them and separated between them. When I made mention of that to the prophet, he said: "Find them out and get them back; and do not sell them but together." [Reported by Ahmad, and the narrators of this version are reliable, and indeed Ibn Khuzaimah, Ibn al-Jarud, Ibn Hibban, Al-Hakim, At-Tabarani and Ibn Qattan graded it Sahih (sound)]
The beloved messenger showed disapproval for separation of mother and child, and here for separation between brothers. Because both can live together and share their emotions and so on, but separation would be too heavy on both brothers. This is as well a scene of the beloved messenger being a mercy for the mankind. Islam is a religion of mercy, and it takes care these little-little things.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 103)
120. The government should not control the price unless necessary for the protection of rights of the people:
عَنْ أَنَسٍ، قَالَ قَالَ النَّاسُ يَا رَسُولَ اللَّهِ غَلاَ السِّعْرُ فَسَعِّرْ لَنَا . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " إِنَّ اللَّهَ هُوَ الْمُسَعِّرُ الْقَابِضُ الْبَاسِطُ الرَّازِقُ وَإِنِّي لأَرْجُو أَنْ أَلْقَى اللَّهَ وَلَيْسَ أَحَدٌ مِنْكُمْ يُطَالِبُنِي بِمَظْلَمَةٍ فِي دَمٍ وَلاَ مَالٍ " .
Narrated Anas ibn Malik:
The people said: Messenger of Allah , prices have shot up, so fix prices for us. Thereupon the Messenger of Allah (ﷺ) said: Allah is the one Who fixes prices, Who withholds, gives lavishly and provides, and I hope that when I meet Allah, none of you will have any claim on me for an injustice regarding blood or property. [Sunan Abu Dawood and others, Ibn Hibban graded it Sahih (sound)]
When the product becomes scarce, the price rises. But when the product supply increases, the price decreases. When it rains and produce increases, the prices decreases. And when it doesn't rain and diseases spread, the supply decreases with the increase in price. So, it is Allah who fixes prices.
The prophet did not increase price as the cultivation has itself become expensive, so how can he asked them to decrease the price? It is their hard-work, their land, their rent, their labor, etc., so it would unjust to ask them reduce: If your cost was 10, then don't sell in more than 11. There won't be any profit in this. And this is why the beloved messenger said: "I hope that when I meet Allah, none of you will have any claim on me for an injustice regarding blood or property."
From this narration we learn that fixing the prices by the government is not correct, and this is apparent from the meaning. But by studying the narration, we also learn that if the method for fixing the prices are the same as natural from Allah, then it is permissible. For example, if the cultivation was less or if there was a flood this year, then the price naturally rises. Now there is no need for fixing the prices, but as explained by the scholars, if people have become so greedy that they buy in cheap and sell as expensive as possible, then the wali al amr (ruler) should look into selling price and compare it with the cost price, transport and labor price. So, if the total comes to 15 riyals, it is okay for the people to sell it in the range of 15 - 18 riyals. But if they are exceeding 18 riyals and people are finding it heavy, then the government has a right for the sake of general benefits (maslaha) to fix the price range. This should be the case when people do not fear Allah, or most of them do not, then it becomes necessary on the government to interfere and regulate the price.
But doing it unnecessarily is not required, as mistake in calculation or determination of maximum retail price may lead to oppression, as the beloved messenger has included it as dhulm (oppression).
However, specially here in Makkah (and other places like places of tourist attraction), people do not accept less than double to triple of the prices. In such cases, fixing becomes necessary.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 103)
121. Hoarding is illegal, if it creates artificial scarcity of essential foodstuff:
عَنْ مَعْمَرِ بْنِ عَبْدِ اللَّهِ، عَنْ رَسُولِ اللَّهِ صلى الله عليه وسلم قَالَ " لاَ يَحْتَكِرُ إِلاَّ خَاطِئٌ " .
Ma'mar b. Abdullah reported Allah's Messenger (ﷺ) as saying: "No one hoards but the sinner." [Saheeh Muslim]
I remember when this happened during the Kuwait-Iraq problems and people had stopped selling rice. When they were asked, they replied that they do not have it. They were caught and selling rice was obligated, and they were penalized.
So, there are people who do not fear Allah although people are in need of it, and later sell the same in 200 - 300 riyals instead of 120! And people would buy out of necessity. This is illegal.
This is the case when people are in need of it. But when the supply is enough, for example, at times potatoes and onions increase a lot in the market so one may store these. And at times, storing is better specially for items like tomatoes and grapes when they increase alot in the same market, and but the demand is less so it gets rotten, spoiled and then thrown.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 103)
122. Return of goods after use:
Narrated Abu Huraira:
The Prophet (ﷺ) said, "Don't 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." [Agreed upon] Muslim has: "He has three days in which to decide whether to keep them or not." A version by Muslim which al-Bukhari termed as Mu'allaq has: "He must return with it one Sa' of any grain but wheat." [Al-Bukhari said, "One Sa' of any dates" is mentioned in most Ahadith]
People used to keep the camels tied for long such that neither would they themselves milk it, nor would they let the calves have it. So, the customers would think that the camel give lots of milk and in deception they would agree to pay more. The beloved messenger asked them not to do so. Furthermore, this would even put the camel in pain and it wouldn't eat but little. And shari'ah has not permitted harming the animals as well.
But if someone were to deceive this way, the customer has the right to return back the camel in a period of three days. He may check and confirm in this period, and then make the decision, as the beloved messenger stated. Due to change of place, camels take time to adapt and may not eat and drink well the first day. But three days is enough time even for the camel to get used to the new place of the customer.
The shari'ah has given this right to return, but he must give a Sa' of dates (240 - 250g) along with it. The dates are to be given in return for what reason? For the milk that he drank and benefited from.
So should he return milk or dates? If you think logically what the prophet fixed is the best way. He fixed a Sa' of dates, irrespective of whether how much ever milk one drank (whether little or lot). Had the prophet not fixed this, people would fight and quarrel over whether what to return.
But the ahnaaf say that there is no issue in tying the teats of the camel and that the customer has no right to return on this issue. The beloved messenger spoke clearly, yet they say what they want. And as it is said that one blunder leads to another - some of them said that it opposes qiyas! We say that perhaps your qiyas opposes it, but our qiyas accepts the judgement of the beloved messenger to be perfect.
And Imam Bukhari said that most narrations mention "dates", so the one who can afford dates then let him go for it, and the one who cannot so let him get whatever is the essential food of his place.
عَنْ عَبْدِ اللَّهِ بْنِ مَسْعُودٍ ـ رضى الله عنه ـ قَالَ مَنِ اشْتَرَى شَاةً مُحَفَّلَةً، فَرَدَّهَا فَلْيَرُدَّ مَعَهَا صَاعًا. رواه البخاري، وزاد الإسماعيلي: من تمر
Narrated `Abdullah bin Mas`ud:
Whoever buys a sheep which has not been milked for a long time, has the option of returning it along with one Sa'a. [Saheeh al-Bukhari] Al-Isma'ili added: "of dates."
To those ahnaaf who reject ahadith in the name of fiqh of Abdullah ibn Mas'ood, this narration would be beneficial. They say:
الفقه زرعه عبد الله بن مسعود رضي الله عنه ، وسقاه علقمة ، وحصده إبراهيم النخعي، وداسه حماد ، وطحنه أبو حنيفة
"Fiqh was planted by ‘Abdullah Ibn Mas‘ood, irrigated by ‘Alqamah, harvested by Ibrahim al-Nakha‘i, threshed by Ḥammad (Ibn Abi Sulayman), milled by Abu Ḥanifah.." [Radd al Mukhtar ala dur al mukhtar, Ibn al Abideen]
The narration is clear yet they do not accept it. May Allah have mercy!
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 103)
123. Misleading Advertising & Deceptive Marketing Practices:
وعن أبي هريرة رضي الله عنه: (أن رسول الله صلى الله عليه وسلم مر على صبرة من طعام، فأدخل يده فيها، فنالت أصابعه بللاً، فقال: ما هذا يا صاحبَ الطعام؟ قال: أصابته السماء يا رسول الله! قال: أفلا جعلته فوق الطعام كي يراه الناس! من غشَّ فليس مني) رواه مسلم]
It is narrated on the authority of Abu Huraira that the Messenger of Allah (ﷺ) happened to pass by a heap of eatables (corn). He thrust his hand in that (heap) and his fingers were moistened. He said to the owner of that heap of eatables (corn):
What is this? He replied: Messenger of Allah, these have been drenched by rainfall. He (the Holy Prophet) remarked: Why did you not place this (the drenched part of the heap) over other eatables so that the people could see it? He who deceives is not of me (is not my follower). [Saheeh Muslim]
The beloved messenger has declared disassociation from every deceiver. Today much deception is found in the commercial world, up-to an extent that they would add stones in the food to add to weight. In our childhood days in Mumbai, we saw people putting water on the coal and even adding some soil to it to add to the weight. This is prohibited.
But in-spite of all this, they eventually face losses. This is learnt through experience of people, and don't blame but yourself!
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 103)
124. Working in hotels where pork and alcohol is served:
وعن عبد الله بن بريدة عن أبيه قال: قال رسول الله صلى الله عليه وسلم: (من حبس العنب أيام القطاف حتى يبيعه ممن يتخذه خمراً فقد تقحم النار على بصيرة) رواه الطبراني في الأوسط بإسناد حسن
Narrated Abdullah ibn Buraidah on his father's authority (radiyallahu anh): Allah's messenger said, "Whoever hoards grapes in vintage season till he sells them to those who get wine out of them, he has hastily thrown himself into Hell-fire with clear knowledge." [at-Tabarani narrated in al-Awsat with a good chain of narrators]
The very existence of alcohol is not permissible in Islamic world. The prophet (sallallahu alayhi wa sallam):
( لَعَنَ اللَّهُ الْخَمْرَ وَشَارِبَهَا وَسَاقِيَهَا وَبَائِعَهَا وَمُبْتَاعَهَا وَعَاصِرَهَا وَمُعْتَصِرَهَا وَحَامِلَهَا وَالْمَحْمُولَةَ إِلَيْهِ )
“Allaah has cursed alcohol, the one who drinks it, the one who pours it, the one who sells it, the one who buys it, the one who squeezes (the grapes etc), the one for whom it is squeezed, the one who carries it and the one to whom it is carried.” [Classed as saheeh by al-Albaani in Saheeh Abi Dawood]
But if someone is working out of necessity, for example I was asked in my travel to Europe, that they work in hotels and at times they are forced to serve alcohol. So I told them that they are not to serve alcohol because the beloved messenger has cursed the one who even carries it.
But if someone is working out of necessity, for example I was asked in my travel to Europe, that they work in hotels and at times they are forced to serve alcohol. So I told them that they are not to serve alcohol because the beloved messenger has cursed the one who even carries it.
And this made me remind a fatwa of Shaikh Abdullah ibn Humayd around twenty to twenty five years back in his house. A letter was sent to him from Europe of a questioner asking that they have no source of income but they worked twice in a hotel to arrange food for a week. In the hotel, they would be asked to wash utensils in which pork is served and also to serve alcohol.
So, the shaikh immediately answered in a very smart way like a faqeeh. He wrote: It is permissible to earn by washing the utensils in which pork is served. But earning by serving alcohol is not permissible. And he mentioned proofs:
سَمِعْتُ أَبَا ثَعْلَبَةَ الْخُشَنِيَّ، يَقُولُ أَتَيْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم فَقُلْتُ يَا رَسُولَ اللَّهِ إِنَّا بِأَرْضِ قَوْمٍ أَهْلِ كِتَابٍ نَأْكُلُ فِي آنِيَتِهِمْ قَالَ " إِنْ وَجَدْتُمْ غَيْرَ آنِيَتِهِمْ فَلاَ تَأْكُلُوا فِيهَا فَإِنْ لَمْ تَجِدُوا فَاغْسِلُوهَا وَكُلُوا فِيهَا "
"I heard Abu Tha'labah Al-Khushani saying: 'I went to the Messenger of Allah (ﷺ) and said: "O Messenger of Allah! We live in a land of the People of the Book and we eat from their containers." He said: "If you find other containers than do not eat from them. If you do not find them, then wash them and eat from them." [Jami' at-Tirmidhi]
So the shaikh wrote that if eating in it is permissible, then earning this way is as well permissible. As for alcohol, there is no permission for it.
What a smart answer!
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 103)
125. Smart businessmen make use of opportunities:
وعن عائشة قالت: قال رسول الله صلى الله عليه وسلم: (الخراج بالضمان) رواه الخمسة، وضعفه البخاري وأبو داود، وصححه الترمذي وابن خزيمة وابن الجارود وابن حبان والحاكم وابن القطان
Narrated Aisha (radiyallahu anha): Allah's messenger said, "Any profit that goes to the one who bears responsibility." [Reported by al-Khamsa; al-Bukhari and Abu Dawood graded it Da'eef. At-Tirmidhi, Ibn Khuzaimah, Ibn Jarood, Ibn Hibban, Al Hakim and Ibn al-Qattan graded it Sahih (sound)]
If someone bought a horse for business, made use of it but later found it to be defective, he has the right to return it back. And the seller has no right to ask payment for the business profit earner by the customer.
Similarly, if someone bought a bed, and after reaching home he finds the bed to be defective he has the right to return it back. And the seller does not has the right to say: "Oh, you kept and used these for three days, so pay me for that." This is because had that bed been stolen, it would be a loss for the customer, not the seller as he received the price already. Since it was under his responsibility, he has the right to benefit from it.
وعَنْ عُرْوَةَ، - يَعْنِي ابْنَ أَبِي الْجَعْدِ الْبَارِقِيِّ - قَالَ أَعْطَاهُ النَّبِيُّ صلى الله عليه وسلم دِينَارًا يَشْتَرِي بِهِ أُضْحِيَةً أَوْ شَاةً فَاشْتَرَى شَاتَيْنِ فَبَاعَ إِحْدَاهُمَا بِدِينَارٍ فَأَتَاهُ بِشَاةٍ وَدِينَارٍ فَدَعَا لَهُ بِالْبَرَكَةِ فِي بَيْعِهِ فَكَانَ لَوِ اشْتَرَى تُرَابًا لَرَبِحَ فِيهِ . رواه الخمسة إلا النسائي، وقد أخرجه البخاري في ضمن حديث، ولم يسق لفظه، وأورد الترمذي له شاهداً من حديث حكيم بن حزام
Narrated Urwah ibn Abul Ja'd al-Bariqi:
The Prophet (ﷺ) gave him a dinar to buy a sacrificial animal or a sheep. He bought two sheep, sold one of them for a dinar, and brought him a sheep and dinar. So he invoked a blessing on him in his business dealing, and he was such that if had he bought dust he would have made a profit from it. [Reported by al-Khamsah except an-Nasa'i; al-Bukhari also recorded it within another hadith and did not report its version]
Here there is an issue: You made someone an agent. Now this agent spends from the money that you gave him for a specific objective. Is this spending permissible or not?
It is said in Arabic:
"If you send someone for some work, send a smart person and don't instruct him (to do this and that)."
The same was done here. He bought two sheep, sold one of them for a dinar, and brought him (ﷺ) a sheep and dinar. So he invoked a blessing on him in his business dealing, and he was such that if had he bought dust he would have made a profit from it.
And he said in another narration:
"If I picked up a stone, I would find gold under it!"
This shows that it is permissible to do so without permission for things which the owner has given freedom. But a question arises is that what if he did not gain the dinar but just half a dinar? He will be responsible for the loss. And what if the sheep died on the way?
If so happened, the owner does not has the right to ask the agent for the payment. Because he did out of good intention, and it was done such that everyone would agree it to be a good thing. But if he bought the sheep and left it carelessly, then this agent crossed the limits and he will be held responsible. This is like amaanah (trust). For example, if you trusted someone with something. Now, if he kept it safely but it so happened that robbers broke into his house and stole his personal belongings and the trust as well, so does the owner has the right to ask for it? No! Because he lost his own things along with your. But if he left it carelessly in a non-safe place, then he will be held responsible. [1]
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 103 and 102)
[1] Footnote:
126. Virtue of allowing sales returns and exchange:
عَنْ أَبِي هُرَيْرَةَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " مَنْ أَقَالَ مُسْلِمًا بيعته أَقَالَهُ اللَّهُ عَثْرَتَهُ " [رواه أبو داود وابن ماجة وصححه ابن حبان والحاكم]
Narrated Abu Hurayrah:
The Prophet (ﷺ) said: Whoever accepts back what he had sold to a Musim, Allah will forgive his fault on the Day of Resurrection. [Sunan Abu Dawood and Ibn Majah; and authenticated by Ibn Hibban and al-Hakim]
Another narration has:
مَنْ أَقَالَ نَادِمًا بَيْعَتَهُ أَقَالَهُ اللَّهُ عَثْرَتَهُ يَوْمَ الْقِيَامَةِ
"Whoever accepts back from someone regretful what he had sold, Allah will forgive his fault on the Day of Resurrection." [Narrated by Bayhaqi and others in similar meaning]
Actually at-times, its just a matter of humanity. There is no apparent loss by accepting back, and the item has not been even opened, yet they choose not to take it back. They even write it bold that they won't be taking it back. This even leads to much quarrels. Sometimes, the seller says that the item is 'made in Japan' but customer understands it to be 'original' (although original may be German made). This leads to deception.
And in cases of deception where the defect is hidden, then it is everyone's right to return due to the defect. But if the seller refuses to take it back, then the customer has the right to go to the court if he finds the item to be worth it. And the qadhi (judge) will ask the seller why he hid the defects and not tell the customer about it. It is not allowed to sell without informing the customer about the defects, and it would haram wealth if someone earns that way.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 102)
127. Conditions for right to annul the agreement/ Right of breach of contract:
عَنِ ابْنِ عُمَرَ، عَنْ رَسُولِ اللَّهِ صلى الله عليه وسلم أَنَّهُ قَالَ " إِذَا تَبَايَعَ الرَّجُلاَنِ فَكُلُّ وَاحِدٍ مِنْهُمَا بِالْخِيَارِ مَا لَمْ يَتَفَرَّقَا وَكَانَا جَمِيعًا أَوْ يُخَيِّرُ أَحَدُهُمَا الآخَرَ فَإِنْ خَيَّرَ أَحَدُهُمَا الآخَرَ فَتَبَايَعَا عَلَى ذَلِكَ فَقَدْ وَجَبَ الْبَيْعُ وَإِنْ تَفَرَّقَا بَعْدَ أَنْ تَبَايَعَا وَلَمْ يَتْرُكْ وَاحِدٌ مِنْهُمَا الْبَيْعَ فَقَدْ وَجَبَ الْبَيْعُ " .
Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying:
When two persons enter into a transaction, each of them has the right to annul it so long as they are not separated and are together (at the place of transaction) ; or if one gives the other the right (to annul the transaction). But if one gives the other the option, the transaction is made on this condition (i. e. one has the right to annul the transaction), it becomes binding. And if they are separated after they have made the bargain and none of them annulled it, even then the transaction is binding. [Agreed upon, and the version is of Musim]
Once they separate and leave, the option to exchange ends.
But if there is a defect, one can return. If there is no defect, one cannot
force them to change. The same remains that if he takes it back, then Allah
will reward him with much.
What is the meaning of separation?
Some madhabs have differed, and they quote what their Imams
said. But the truth is that when we gather all proofs and the understanding of
the companions, we realize that not everyone in that era had the all narrations
along with them. But with regards to the speech of the beloved messenger,
taking the understanding of the companions is obligatory.
Some madhabs say that once the talk is done and both agreed
to buy and sell, then the agreement cannot be annulled. So they interpret it as
separation by speech, not separation of gathering.
But the companions understood it as Ibn Umar, the narrator
of this narration, would do after his business dealings, he would leave to some
other place immediately with the items he bought. So that no one would ask him
to return back the item arguing that they’re still in the same gathering.
Because even if the payment is made, they have the right to annul. But if they
separate and leave from the gathering, they loose the right. This was the
understanding of Ibn Umar, the narrator of this narration.
Shaikh continued:
However, if they stipulate and agree to annul even after
two, three or any number days, then the buyer has the right to return in this
time period to the seller. Similarly, if they stipulate that the item will not
be returned even if they stay in the place, then the right to return is lost
after such an agreement even if they stay together for two-three hours!
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 102)
128. Reformation of the business affairs is need of the hour:
عَنِ ابْنِ عُمَرَ، قَالَ سَمِعْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ " إِذَا تَبَايَعْتُمْ بِالْعِينَةِ وَأَخَذْتُمْ أَذْنَابَ الْبَقَرِ وَرَضِيتُمْ بِالزَّرْعِ وَتَرَكْتُمُ الْجِهَادَ سَلَّطَ اللَّهُ عَلَيْكُمْ ذُلاًّ لاَ يَنْزِعُهُ حَتَّى تَرْجِعُوا إِلَى دِينِكُمْ "
Narrated Abdullah ibn Umar:
I heard the Messenger of Allah, (ﷺ) say: When you enter into the inah transaction, hold the tails of oxen, are pleased with agriculture, and give up conducting jihad (struggle in the way of Allah). Allah will make disgrace prevail over you, and will not withdraw it until you return to your original religion. [Sunan Abu Dawood]
Listen from 24:00
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 104)
129. When bribery becomes riba (usury/interest):
عَنْ أَبِي أُمَامَةَ، عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ " مَنْ شَفَعَ لأَخِيهِ بِشَفَاعَةٍ فَأَهْدَى لَهُ هَدِيَّةً عَلَيْهَا فَقَبِلَهَا فَقَدْ أَتَى بَابًا عَظِيمًا مِنْ أَبْوَابِ الرِّبَا " .
Narrated Abu Umamah:
The Prophet (ﷺ) said: If anyone intercedes for his brother and he presents a gift to him for it and he accepts it, he approaches a great door of the doors of usury. [Sunan Abu Dawood]
عَنْ أَبِي أُمَامَةَ، عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ " مَنْ شَفَعَ لأَخِيهِ بِشَفَاعَةٍ فَأَهْدَى لَهُ هَدِيَّةً عَلَيْهَا فَقَبِلَهَا فَقَدْ أَتَى بَابًا عَظِيمًا مِنْ أَبْوَابِ الرِّبَا " .
Narrated Abu Umamah:
The Prophet (ﷺ) said: If anyone intercedes for his brother and he presents a gift to him for it and he accepts it, he approaches a great door of the doors of usury. [Sunan Abu Dawood]
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 104)
130. Taking others money to play and squander:
عَنْ أَبِي هُرَيْرَةَ ـ رضى الله عنه ـ عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ " مَنْ أَخَذَ أَمْوَالَ النَّاسِ يُرِيدُ أَدَاءَهَا أَدَّى اللَّهُ عَنْهُ، وَمَنْ أَخَذَ يُرِيدُ إِتْلاَفَهَا أَتْلَفَهُ اللَّهُ ".
Narrated Abu Huraira:
The Prophet (ﷺ) said, "Whoever takes the money of the people with the intention of repaying it, Allah will repay it on his behalf, and whoever takes it in order to spoil it, then Allah will spoil him." [Saheeh Al Bukhari]
This shows that money has sacredness, and the sharee’ah is based on this. The one who earns, be it male or female, has the right to save the earning…
The governments which forced people to save only a specific level to bring equality were against the fitrah, even a child will get upset if you take his toy. Russians and others brought communism and used to believe that everyone must have equal wealth... But they were not successful. They fought against religions but made their own style as their religion, as they believed in it and fought for it.
But the one who defends his wealth will be a martyr, as the beloved messenger said:
مَنْ قُتِلَ دُونَ مَالِهِ فَهُوَ شَهِيدٌ
"He who died in protecting his property is a marty." [Saheeh Muslim]
Allah will squander them’ : This shows that it is a major sin. The beloved messenger at the battle of Ahazan and Tabook were in deficiency of money, so he asked every to give in charity declaring: Who will give in the path of Allah that Allah would give Jannah in return. Uthman (radiyallahu anh) was a big successful business man, he gave three hundred mounts along with weapons. And such was done by others like Abur-Rahman ibn Awf as well. However, he (sallallahu alayhi wa sallam) did not take forcefully from anyone saying: ‘You are only ten people but have savings of worth thousands of people, so give us the excess amount.’ This is not the legal way of taking way and this is why he did not do this. Therefore, taking wealth of anyone in this way is wrong and Allah would destroy such ones.
Similarly, when someone takes loan from anyone, the intention must be to return it back. If this intention is not there, then punishment from Allah is feared in the Hereafter, if not in this life itself…
Once a man came and said: O messenger of Allah! I have much loan on me. So the beloved messenger informed: Supplicate with this Dua, if you have loan as much as the whole mountain, Allah would suffice you:
عَنْ أَبِي هُرَيْرَةَ ـ رضى الله عنه ـ عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ " مَنْ أَخَذَ أَمْوَالَ النَّاسِ يُرِيدُ أَدَاءَهَا أَدَّى اللَّهُ عَنْهُ، وَمَنْ أَخَذَ يُرِيدُ إِتْلاَفَهَا أَتْلَفَهُ اللَّهُ ".
Narrated Abu Huraira:
The Prophet (ﷺ) said, "Whoever takes the money of the people with the intention of repaying it, Allah will repay it on his behalf, and whoever takes it in order to spoil it, then Allah will spoil him." [Saheeh Al Bukhari]
This shows that money has sacredness, and the sharee’ah is based on this. The one who earns, be it male or female, has the right to save the earning…
The governments which forced people to save only a specific level to bring equality were against the fitrah, even a child will get upset if you take his toy. Russians and others brought communism and used to believe that everyone must have equal wealth... But they were not successful. They fought against religions but made their own style as their religion, as they believed in it and fought for it.
But the one who defends his wealth will be a martyr, as the beloved messenger said:
مَنْ قُتِلَ دُونَ مَالِهِ فَهُوَ شَهِيدٌ
"He who died in protecting his property is a marty." [Saheeh Muslim]
Allah will squander them’ : This shows that it is a major sin. The beloved messenger at the battle of Ahazan and Tabook were in deficiency of money, so he asked every to give in charity declaring: Who will give in the path of Allah that Allah would give Jannah in return. Uthman (radiyallahu anh) was a big successful business man, he gave three hundred mounts along with weapons. And such was done by others like Abur-Rahman ibn Awf as well. However, he (sallallahu alayhi wa sallam) did not take forcefully from anyone saying: ‘You are only ten people but have savings of worth thousands of people, so give us the excess amount.’ This is not the legal way of taking way and this is why he did not do this. Therefore, taking wealth of anyone in this way is wrong and Allah would destroy such ones.
Similarly, when someone takes loan from anyone, the intention must be to return it back. If this intention is not there, then punishment from Allah is feared in the Hereafter, if not in this life itself…
Once a man came and said: O messenger of Allah! I have much loan on me. So the beloved messenger informed: Supplicate with this Dua, if you have loan as much as the whole mountain, Allah would suffice you:
اللَّهُمَّ اكْفِنِي بِحَلاَلِكَ عَنْ حَرَامِكَ وَأَغْنِنِي بِفَضْلِكَ عَمَّنْ سِوَاكَ
O Allah, suffice me with Your lawful against Your prohibited, and make me independent of all those besides You.
(Allāhummakfinī biḥalālika `an ḥarāmika, wa aghninī bi faḍlika `amman siwāka). [Jami` at-Tirmidhi]
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 105)
131. The one who takes on rent is responsible for what he rented:
عَنْ أَبِي هُرَيْرَةَ ـ رضى الله عنه ـ قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم. " الرَّهْنُ يُرْكَبُ بِنَفَقَتِهِ إِذَا كَانَ مَرْهُونًا، وَلَبَنُ الدَّرِّ يُشْرَبُ بِنَفَقَتِهِ إِذَا كَانَ مَرْهُونًا، وَعَلَى الَّذِي يَرْكَبُ وَيَشْرَبُ النَّفَقَةُ ".
Narrated Abu Huraira:
Narrated Abu Huraira:
Allah's Messenger (ﷺ) said, "The mortgaged animal can be used for riding as long as it is fed and the milk of the milch animal can be drunk according to what one spend on it. The one who rides the animal or drinks its milk should provide the expenditures." [al-Bukhari]
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 105)
132. How to deal with the one who delays in payment of loan?
عَنْ عَمْرِو بْنِ الشَّرِيدِ، عَنْ أَبِيهِ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " لَىُّ الْوَاجِدِ يُحِلُّ عِرْضَهُ وَعُقُوبَتَهُ " .
It was narrated from 'Amr bin Ash-Sharid, that his father said:
"The Messenger of Allah said: 'if one who can afford it delay repayment, his honor and punishment become permissible."' [Abu Dawood and an-Nasa`i reported it; Al-Bukhari reported it without isnad, and Ibn Hibban graded it Sahih (sound)]
This means that you can tell him: ‘You are dishonest!’, ‘You are a thief and robber!’, ‘You do not want to give!’ Because not giving the wealth is oppression on him, and Allah states:
لَّا يُحِبُّ اللَّهُ الْجَهْرَ بِالسُّوءِ مِنَ الْقَوْلِ إِلَّا مَن ظُلِمَ ۚ وَكَانَ اللَّهُ سَمِيعًا عَلِيمًا
Allah does not like the public mention of evil except by one who has been wronged. And ever is Allah Hearing and Knowing. [an-Nisa 4:148]
Another narration says:
مَطْلُ الْغَنِيِّ ظُلْمٌ
"Delay in payment by a rich man is injustice." [Muwatta Malik and others]
In return of this oppression, one can tell such things and punishment can also be applied, although punishment cannot be applied by the general masses or the lay-man. As in many places, they say: ‘If you don’t give it in the easy way, we will take it from you through the hard way.’ However with regards to the punishment, the issue must be brought in-front of the government along with the witnesses, and the government will punish using its power and get the money.
If a man has wealth, yet he does not pay the Zakat, the beloved messenger informed:
فَإِنَّا آخِذُوهَا وَشَطْرَ مَالِهِ
(However) if someone refrains from paying it, it will be taken from him (by force) along with part of his property (as punishment). [Narrated by Abu Dawood and an-Nasai]
This is a penalty, because few people are fine with being punished but charging penalty payment is very heavy for them. Thus, punishment by charging penalty will be more appropriate with such ones. Some madhahib have that charging penalty is not correct by taking wealth, but the reality is that if taking money is opted by the authority, then it is permissible. However according to Imam Abu Hanifah (rahimahullah), punish by imprisoning or beating, but charging penalty is not permissible. Although the hadith is clear that the prophet said: “Who does not pays, we will take it forcefully and charge extra penalty.” This penalty is so that others with evil intention would begin to re-think and change their mind. This penalty can be charged but by the government, and the judge will decide what punishment or penalty is to be given.
This means that it is not permissible to delay the payment inspite of capability, and it would be considered oppression which is a major sin.
On the other hand, Allah has also placed another option, that if he is poor or in need, then:
فَنَظِرَةٌ إِلَىٰ مَيْسَرَةٍ
And if someone is in hardship, then [let there be] postponement until [a time of] ease. [al-Baqarah 2:280]
This is also a teaching of brotherhood that Islam has taught giving loan if he is in need. But those who take loan and don’t payback, they close the door of this noble deed (as people begin to hesitate giving others).
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 106)
133. Permissibility of charging penalty money on delay in payment:
If a man has wealth, yet he does not pay the Zakat, the beloved messenger informed:
فَإِنَّا آخِذُوهَا وَشَطْرَ مَالِهِ
(However) if someone refrains from paying it, it will be taken from him (by force) along with part of his property (as punishment). [Narrated by Abu Dawood and an-Nasai]
This is a penalty, because few people are fine with being punished but charging penalty payment is very heavy for them. Thus, punishment by charging penalty will be more appropriate with such ones. Some madhahib have that charging penalty is not correct by taking wealth, but the reality is that if taking money is opted by the authority, then it is permissible. However according to Imam Abu Hanifah (rahimahullah), punish by imprisoning or beating, but charging penalty is not permissible. Although the hadith is clear that the prophet said: “Who does not pays, we will take it forcefully and charge extra penalty.” This penalty is so that others with evil intention would begin to re-think and change their mind. This penalty can be charged but by the government, and the judge will decide what punishment or penalty is to be given.
This means that it is not permissible to delay the payment in-spite of capability, and it would be considered oppression which is a major sin.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 106)
134. How judges may reconcile money quarrels?
عَنْ أَبِي سَعِيدٍ الْخُدْرِيِّ، قَالَ أُصِيبَ رَجُلٌ فِي عَهْدِ رَسُولِ اللَّهِ صلى الله عليه وسلم فِي ثِمَارٍ ابْتَاعَهَا فَكَثُرَ دَيْنُهُ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " تَصَدَّقُوا عَلَيْهِ " . فَتَصَدَّقَ النَّاسُ عَلَيْهِ فَلَمْ يَبْلُغْ ذَلِكَ وَفَاءَ دَيْنِهِ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم لِغُرَمَائِهِ " خُذُوا مَا وَجَدْتُمْ وَلَيْسَ لَكُمْ إِلاَّ ذَلِكَ " . قَالَ وَفِي الْبَابِ عَنْ عَائِشَةَ وَجُوَيْرِيَةَ وَأَنَسٍ . قَالَ أَبُو عِيسَى حَدِيثُ أَبِي سَعِيدٍ حَدِيثٌ حَسَنٌ صَحِيحٌ
Abu Sa'eed Al-Khudri narrated:
"During the time of the Messenger of Allah, a man suffered a loss on fruits that he had sold, resulting in more debt. The Messenger of Allah said: 'Give him charity.' So the people gave him charity but it did not cover his debt. So the Messenger of Allah said to his debtors: 'Take what you have and there is nothing for you but that.'" [Saheeh Muslim, and the wording is of Tirmidhi]
Abu Sa'eed Al-Khudri narrated:
"During the time of the Messenger of Allah, a man suffered a loss on fruits that he had sold, resulting in more debt. The Messenger of Allah said: 'Give him charity.' So the people gave him charity but it did not cover his debt. So the Messenger of Allah said to his debtors: 'Take what you have and there is nothing for you but that.'" [Saheeh Muslim, and the wording is of Tirmidhi]
-ٍ Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 105)
135. The beauty of Reconciliation:
حَدَّثَنَا كَثِيرُ بْنُ عَبْدِ اللَّهِ بْنِ عَمْرِو بْنِ عَوْفٍ الْمُزَنِيُّ، عَنْ أَبِيهِ، عَنْ جَدِّهِ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " الصُّلْحُ جَائِزٌ بَيْنَ الْمُسْلِمِينَ إِلاَّ صُلْحًا حَرَّمَ حَلاَلاً أَوْ أَحَلَّ حَرَامًا وَالْمُسْلِمُونَ عَلَى شُرُوطِهِمْ إِلاَّ شَرْطًا حَرَّمَ حَلاَلاً أَوْ أَحَلَّ حَرَامًا " . قَالَ أَبُو عِيسَى هَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ .
Kathir bin 'Amr bin 'Awf Al-Muzani narrated from his father, from his grandfather, that the Messenger of Allah (ﷺ) said:
"Reconciliation is allowed among the Muslims, except for reconciliation that makes the lawful unlawful, or the unlawful lawful. And the Muslims will be held to their conditions, except the conditions that make the lawful unlawful, or the unlawful lawful." [Narrated by Tirmidhi, and he authenticated it]
The generation of the companions, Tabi’een, and followers of Tabi’een was such an excellent time that it is recorded the Rabee`ah ibn Salama was a Qadhi (judge)… There is a book named ‘Akhbaar-ul Qudaat’ (a book about the judges) which mentions that Rabee`ah ibn Salama sat waiting for six months but no issue was brought to him when he was made a judge in Kufa. The fights and quarrels would be not take place generally! This is why the beloved messenger said: خَيْرُ النَّاسِ قَرْنِي، ثُمَّ الَّذِينَ يَلُونَهُمْ، ثُمَّ الَّذِينَ يَلُونَهُمْ
"The best people are those of my generation, and then those who will come after them (the next generation), and then those who will come after them (i.e. the next generation), and then after them." [Al-Bukhari]
And a major deficiency among the Muslims today is also that they do not try to step-in and solve two groups quarreling in their very neighborhood, although they can reconcile surely. But it is left carelessly and years pass in the same state, it is such a big sin upon both groups, and those who purposefully do not step-in to solve will also be held partners in the sin!
The prophet said: whoever joins it, I will join you. And whoever cuts you, I will cut him. Such a big thing it is! Remember that the beloved prophet said: The better of the two are those who begin with the salam!
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 106)
136. Sacredness of wealth, even of a stick:
Narrated Abu Humaid as-Sa`idi (radiyallahu anh): Allah's messenger said: "It is not lawful for a person to take his brother's stick except with his goodwill." [Ibn Hibban and Al-Hakim reported it in their two Sahih books]
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 106)
137. Transfer of Debt:
عَنْ أَبِي هُرَيْرَةَ ـ رضى الله عنه ـ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " مَطْلُ الْغَنِيِّ ظُلْمٌ، فَإِذَا أُتْبِعَ أَحَدُكُمْ عَلَى مَلِيٍّ فَلْيَتْبَعْ ".
The Prophet (ﷺ) said, "Procrastination (delay) in paying debts by a wealthy man is injustice. So, if your debt is transferred from your debtor to a rich debtor, you should agree." [Agreed upon]
If a man has given loan to someone, but he sends him to
someone-else who has his money, then we should take the money from that other
person and leave this one. But if we are not content (as we do not know the
third person, or are doubtful, etc), then we have the right
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 106)
138. Benefits of Partnership:
عَنْ أَبِي هُرَيْرَةَ، رَفَعَهُ قَالَ " إِنَّ اللَّهَ يَقُولُ أَنَا ثَالِثُ الشَّرِيكَيْنِ، مَا لَمْ يَخُنْ أَحَدُهُمَا صَاحِبَهُ فَإِذَا خَانَهُ خَرَجْتُ مِنْ بَيْنِهِمَا " .
Narrated Abu Hurayrah:
The Messenger of Allah (ﷺ) having said: Allah, Most High, says: "I make a third with two partners as long as one of them does not cheat the other, but when he cheats him, I depart from them." [Narrated by Abu Dawood and authenticated by al-Hakim]
This shows that there is blessing in partnership. There are
many benefits of partnership: One man may become busy, so the other would look
after the shop. Whatever the work be, when the other would replace, the work
would not stop. So this is a blessing, there is no doubt about it.
Upto an extent, the companions would do partnership even for
seeking knowledge. Out of curiosity for seeking knowledge, what Umar
(radiyallahu anh) would do, as Imam Bukhari named a chapter:
باب التَّنَاوُبِ فِي الْعِلْمِ
Chapter: To fix the duties in rotation for learning
(religious) knowledge
Narrated `Umar: My neighbor used to visit the Prophet (ﷺ) by turns. He used to go one day and I another day. When I went
I used to bring the news of that day regarding the Divine Inspiration and other
things, and when he went, he used to do the same for me.
And today, those who cannot attend can always make use of
recordings, but only if one has the desire, determination, etc. You cannot
travel to the corners of the world, but you can access the recordings through
which one can gain knowledge.
So, the point is that the companions would set partnership
even for seeking knowledge.
Shaikh also said:
At-times it happens that three partners go to forest in search of food and
wood, and two of them find nothing but one finds a lot. Although, the other two
could not search anything, yet they will benefit from the partnership (and not
sleep empty stomach!).
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 108)
139. Changing or translating Islamic terms:
The word ‘Waqf’ is such that I guess everyone uses this
Arabic word only, even the English speakers. This is similar to how ‘Hajj’ is
called ‘Hajj’ only in most if not all languages. We changed the word ‘Salah’ to
‘Namaz’ (or prayer), and ‘Allah’ to ‘Khuda’, although none of it should be
changed. The actual name must used and popularized. A person asked me for
advice for the magazine they publish in Delhi, so I told them to write ‘Salah’
instead of ‘Namaz’, and it worked well and people benefitted from it.
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 109)
140. What is Waqf?
‘Waqf’ means to give one’s property for the sake of Allah to the general public, or students of knowledge, soldiers, or any specific group who would keep benefitting from it. For example, you could build a hotel and the monthly rent that you receive would be Waqf for students of knowledge, for memorization of Qur’an center, etc.
And you can even make it a waqf in the name of your children. Its benefit will be that they will keep benefitting always. But if you do not make it waqf in their name, they may divide the property among themselves. But if you make it a waqf in their name, they will not be able to sell.
I found in narrations of the Sahaba, that Abdullah Ibn Zubayr had made a waqf for those of his daughter who may get divorced (للمردود من البنات ). And it so happens that such big calamities come that three girls sit divorced of the same family! It happens, and after his death, if the house is not big enough, or that the brothers inherit and sell it away, it would be extremely difficult. But if you made it waqf in your life-time itself, then the divorced daughter will not have to suffer. Furthermore, she could put a part of the hotel at rent, so that she easily gets a monthly income for expenditure.
So, what I also want to emphasize is that before Islam, there was nothing such as waqf! You may even make it waqf for the sick patients by building a hospital for them, and you make it specialized for kidney patients or any specific kind. And all thanks be to Allah that Muslims have this in their culture even today, and it used to be much more before…
Compare this with other religions where if a woman stayed for even a single night before the husband dies, she loses the right to live. If you read the books of old, they would make a ‘chita’ such as the one in Banaras where they’d go and burn… the wife would hold the deceased husband’s head, and both would be burnt. She would be tied making her unable to run, and she would be burnt alive in much pain. So, if you want to take a proof of the beloved messenger (sallallahu alayhi wa sallam) being a mercy to mankind, then the proof is here in-front. Allah said:
“And We have not sent you except as a mercy for the worlds.”
And you can even make it a waqf in the name of your children. Its benefit will be that they will keep benefitting always. But if you do not make it waqf in their name, they may divide the property among themselves. But if you make it a waqf in their name, they will not be able to sell.
I found in narrations of the Sahaba, that Abdullah Ibn Zubayr had made a waqf for those of his daughter who may get divorced (للمردود من البنات ). And it so happens that such big calamities come that three girls sit divorced of the same family! It happens, and after his death, if the house is not big enough, or that the brothers inherit and sell it away, it would be extremely difficult. But if you made it waqf in your life-time itself, then the divorced daughter will not have to suffer. Furthermore, she could put a part of the hotel at rent, so that she easily gets a monthly income for expenditure.
So, what I also want to emphasize is that before Islam, there was nothing such as waqf! You may even make it waqf for the sick patients by building a hospital for them, and you make it specialized for kidney patients or any specific kind. And all thanks be to Allah that Muslims have this in their culture even today, and it used to be much more before…
Compare this with other religions where if a woman stayed for even a single night before the husband dies, she loses the right to live. If you read the books of old, they would make a ‘chita’ such as the one in Banaras where they’d go and burn… the wife would hold the deceased husband’s head, and both would be burnt. She would be tied making her unable to run, and she would be burnt alive in much pain. So, if you want to take a proof of the beloved messenger (sallallahu alayhi wa sallam) being a mercy to mankind, then the proof is here in-front. Allah said:
“And We have not sent you except as a mercy for the worlds.”
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 106)
141. Explanation of Hadith: “When the son of Adam dies no further reward is recorded…”
عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " إِذَا مَاتَ الإِنْسَانُ انْقَطَعَ عَنْهُ عَمَلُهُ إِلاَّ مِنْ ثَلاَثَةٍ إِلاَّ مِنْ صَدَقَةٍ جَارِيَةٍ أَوْ عِلْمٍ يُنْتَفَعُ بِهِ أَوْ وَلَدٍ صَالِحٍ يَدْعُو لَهُ "
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying:
When a man dies, his acts come to an end, but three, recurring charity, or knowledge (by which people) benefit, or a pious son, who prays for him (for the deceased). [Saheeh Muslim]
1. Sadaqah Jaariyah (charity whose benefit is continuous):
Doing such an action for the sake of Allah that people keep benefitting even after death, then its reward will keep getting recorded. Give anything in the name of sadaqah, be it the obligatory one, or for example, if you build a mosque, dig a well, build water facility, etc., then the reward will keep geting recorded.
2. Al-Ilm Yuntafau bihi (knowledge from which benefit continues to be reaped):
Leaving evil knowledge will lead to continuous record of sins as well, subhanallah! But knowledge that benefits, for example, if you write a book people benefit from, or leave such students who teach their students, etc. If this is accompanied with sincerity, it is expected from Allah for it to become a continuous source of reward.
3. Waladin Salihin Yad`oo lahu (the supplication of a righteous child):
This makes clear a very important issue, that struggle must be made in tarbiyah (good upbringing) of the children. Because this is our responsibility, and if we leave them as righteous ones, then insha`Allah, the reward will be continuous.
But people remove their children from religious schools and admit them to English medium schools, thereby separating them from the religion. What will be the result of this? Teach them worldly sciences, but first make him righteous enough who understands Salah, fasting, rights of others, etc., and then even if you were to leave him open, then it would not be a sin on you. But if you change their mindset from their very childhood, when they are like mud or dough made of flour that can be shaped as one wants. [1]
- Shaikh Wasiullah Abbas (Sharh Bulugh al Maram 106)
When it was informed that Muslims population is at increase,
they began fearing. One of them asked: “Are they learning their religion or
being taught secularism?” They replied: ‘They look up to secularism.’ So he
consoled them all saying: “As long as they don’t get into religious studies, we
do not need to worry!” – Shaikh Wasiullah Abbas (Sharh Bulugh Al Maram)
142.
Coming soon!!
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