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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on selling during the Friday prayer and eating from its proceeds?

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The questioner : May Allah reward you. This questioner says: My father has a business, and he refuses to do anything but sell during the Friday prayer. I have told him more than once that this is not permissible by the explicit text of the Qur'an. What is the ruling on the money from the sale?

The Shaykh : What is the ruling on the money from the sale?

The questioner : During the Friday prayer, and is it permissible to eat from it?

The Shaykh : Yes. First, it is obligatory for us to know that no believer is excused, when Allah and His Messenger command something, from saying: "We hear and we obey," and from placing anyone before Allah and His Messenger. And Allah the Exalted said in Surat al-Jumu'ah:
O you who have believed, when [the adhan] is called for the prayer on the day of Jumu'ahيَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِيَ لِلصَّلَاةِ مِن يَوْمِ الْجُمُعَةِ
[Al-Jumu'ah 62:9]
"Hasten to the remembrance of Allah and leave off selling. That is better for you, better for you than what? Than selling, until it cuts off the greed of the greedy one who says, 'I will sell,' even if the time for the Friday prayer has entered. His intention is good and to increase his wealth. We say: The good thing is that you leave off selling and buying. May Allah bless you in your wealth and reward you for your deed. And if you sell after the call to prayer on Friday, the second call which is made after the imam has arrived, then you are sinful, the sale is invalid, and the sold item does not transfer to the ownership of the buyer, nor does the price transfer to the ownership of the seller. Be careful, my brother. If you sold a car to you after the second Friday call, and you took the car, do you own the car or not?
Strange, you do not own it. If an accident happened to it without the buyer's choice and it was destroyed, is it the seller's responsibility or the buyer's responsibility? It is the seller's responsibility. Do you see how the case is? That is, a man sold a car for sixty thousand after the second Friday call, and the buyer took it. An accident occurred and it burned, the car burned without any negligence on the part of the buyer. Who is responsible for the guarantee? The seller. The buyer comes to the seller and says, "Come, give me fifty thousand, the value of the car." Yes, sixty thousand, give me sixty thousand for the value of the car. He says, "I sold it to you and you took possession of it. You took possession of the sold item and I took possession of the price." We say: It is obligatory for the seller to give this man sixty thousand. Why? Because the car was destroyed in the ownership of whom? In the ownership of the seller, and the man did not separate from it and did not take possession of it from its owner without his choice. Now, if the buyer knows that the sale is forbidden and that the contract is not completed, and the car is destroyed in the manner we mentioned, does he return to the seller for the guarantee or not? We say: He does not return to the seller for the guarantee, because the one who takes possession of a thing by a defective contract, if he is aware of it, is like the usurper in his actions, and the actions of the usurper are guaranteed upon him if destruction occurs.
And the conclusion is that this son's advice to his father is entirely in its place, and his advising his father about that is part of his dutifulness. And it is obligatory for the father to repent to Allah, and to comply with the command of Allah Mighty and Majestic in His saying, "Hasten to the remembrance of Allah and leave off selling," and to know that the blessing is only in complying with the command of Allah and His Messenger. As for what the son eats from this forbidden earnings, it is known that his father's selling is not limited to this forbidden sale, because his father sells and buys at all times. So the son may eat from his father's money, because his father's money is mixed. And if the son is in need, there is no harm in eating from it, and there is no sin upon him.

The questioner : May Allah reward you,
Source دروس وفتاوى المسجد الحرام لعام 1419هـ - 33 — binothaimeen.net (56:32)

The Arabic text is a machine transcription of the audio recording.

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