The Conditions of Lawful Buying and Selling
Machine translationRead the Arabic original
Question:
And may Allah bless you. Honorable Shaykh, this questioner says: I frequent places where cars are bought and sold, but, Honorable Shaykh, there are violations of the Shari'ah in the buying and selling there. Perhaps you could give guidance to such people, may Allah reward you.
Answer:
This is a general question, but in any case, a Muslim must adhere to the Shari'ah rulings in his buying, selling, and transactions, and in all his affairs. He must hold fast to the conditions of sale mentioned by the scholars, which are derived from the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him). The first is that the item being sold must be owned by the seller before the contract is made. The item being sold must be owned by the seller before the contract is made.
The second is that the item being sold must be known and not unknown. The third is that the sale must be by mutual consent and not by coercion.
[An-Nisa 4:29]. He (peace and blessings be upon him) said: by mutual consent.
Likewise, the buyer must take full possession of the item being sold and dispose of it after taking possession. He must not dispose of it before taking possession.
There are many, many conditions for sale, reaching seven, that the one who buys and sells cars or anything else must know and adhere to, and not follow people in their tricks, their defective sales, and their dealings that contradict the Shari'ah. This has become widespread among people, except for those whom Allah has shown mercy. A Muslim must adhere to the limits of the Shari'ah in his buying, selling, and all his transactions. Yes.
The presenter:
May Allah reward you,
And may Allah bless you. Honorable Shaykh, this questioner says: I frequent places where cars are bought and sold, but, Honorable Shaykh, there are violations of the Shari'ah in the buying and selling there. Perhaps you could give guidance to such people, may Allah reward you.
Answer:
This is a general question, but in any case, a Muslim must adhere to the Shari'ah rulings in his buying, selling, and transactions, and in all his affairs. He must hold fast to the conditions of sale mentioned by the scholars, which are derived from the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him). The first is that the item being sold must be owned by the seller before the contract is made. The item being sold must be owned by the seller before the contract is made.
The second is that the item being sold must be known and not unknown. The third is that the sale must be by mutual consent and not by coercion.
but only [in lawful] business by mutual consent
إِلَّا أَن تَكُونَ تِجَارَةً عَن تَرَاضٍ مِّنكُمْIndeed, sale is
إنما البيع عنLikewise, the buyer must take full possession of the item being sold and dispose of it after taking possession. He must not dispose of it before taking possession.
There are many, many conditions for sale, reaching seven, that the one who buys and sells cars or anything else must know and adhere to, and not follow people in their tricks, their defective sales, and their dealings that contradict the Shari'ah. This has become widespread among people, except for those whom Allah has shown mercy. A Muslim must adhere to the limits of the Shari'ah in his buying, selling, and all his transactions. Yes.
The presenter:
May Allah reward you,
Source
نور على الدرب - الفوزان - 03/221 — archive.org (11:30)
The Arabic text is a machine transcription of the audio recording.