Exegesis of the saying of Allah the Exalted: ((... and leave the sale...)).
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The Shaykh :[Al-Jumu'ah 62:9]. "Leave" means: abandon. Even if the merchandise is in your hands and you are displaying it to a customer, and you hear him say: Allahu Akbar. Stop. Even if you said: I sold it to you, and you heard the adhan before he said: I accept, stop. That is, it is not permissible to make an offer or acceptance after the adhan of Jumu'ah.
: Leave the sale. Which sale? Which sale? Answer, everyone? General. The verse is general. Any sale, whether this sale is small or large. Even if it is a miswak. The adhan for Jumu'ah is called and you want to buy a miswak to use it for this prayer; it is not permissible. Why? Because what is it? Because it is a sale. The scholars (may Allah have mercy on them) excluded the case where a person needs to buy a garment, meaning he has a garment that is ritually impure and he cannot pray in it, so he needs to buy a garment. Here, it is permissible for him to buy a garment, even after the second adhan of Jumu'ah. Why? Because he is buying the garment to reach one of the conditions of prayer. So his engagement in buying the garment is for the benefit of what? For the benefit of the prayer, for the benefit of the prayer. The scholars also excluded: if he finds water for sale and he is not in a state of wudu' after the second adhan of Jumu'ah. And this happens in large cities. So does he buy it to perform wudu' with it, or do we say: it is forbidden to buy it and he should perform tayammum and pray? The first or the second? The first. We say: this is a dire necessity, and this is also for the benefit of the prayer. The scholars excluded what is for a dire necessity, like a person dying of thirst, and water is being sold at the mosque. And if he enters the prayer, his thoughts are disturbed; he wants what? He wants water. So he is allowed to buy and drink, otherwise the original ruling is prohibition. This is although the sale is lawful in its original state. The sale is lawful in its original state—pay attention, brother—the sale is lawful in its original state. What is the evidence? The saying of Allah the Exalted: [Al-Baqarah 2:275]. But when the sale may occupy a person from attending the sermon and the prayer, the sale becomes forbidden in this state. Okay. Have you seen if two men are walking to Jumu'ah and the mu'adhdhin calls the adhan. So one of them says to the other: Oh so-and-so, we bought a piece of land; do you have the desire to participate in it? He says: Yes, write me as a partner. He says: If Allah wills, I will write it. Is this permissible or not permissible? Pay attention, everyone. Two men are walking to the mosque and they hear the call, so one of them says to the other: There is a piece of land we participated in; do you want to participate in it? He says: Yes, write me. He says to his brother: Okay, you are a partner. Is this permissible or not permissible? Yes? Okay. Is participation a sale or not a sale? It is a sale, everyone. A sale. Does it fall under the verse: or not? It falls under it. So this is forbidden, forbidden, and the contract is void. And when the prayer ends, he renews it and says: Oh so-and-so, I am a partner with you; write me a share. I think it is clear, if Allah wills, clear. Okay, so the sale after the second call of Jumu'ah is forbidden and invalid, and the sold item does not transfer to the buyer, nor does the price transfer to the seller. And if this happens, we say to the two transacting parties: This is an invalid contract, and when the prayer ends, transact with each other anew.
Okay. Is a gift forbidden after the second call of Jumu'ah? If a person—for example—is walking with his companion and has a miswak with him, and he gives it to his companion as a gift. Is it permissible or not permissible? After the adhan, everyone! After the adhan? After the adhan? Is it permissible? Why? It is not a sale. This is not a sale. And he is walking; there is nothing but "take this miswak," so he takes it; it does not distract him.
Okay. The marriage contract. Two men are walking, and one of them says to the other: He is looking for a wife, searching for a wife. He says: I have a wife for you, my daughter. And with them are two other men to be witnesses. So he says: Marry me to her. He says: I congratulate you at this hour; I did not keep her except for you and people like you. In the name of Allah, I give you my daughter So-and-so in marriage. He says: I accept. This was after the adhan, after the second adhan on Friday, and they were on their way to the mosque. So he says: Bear witness, saying to the two men: Bear witness. The contract is completed now. Is this permissible or not permissible? Okay, it appears to me that you will differ on this. Whoever has not been married will say it is permissible. And whoever has been married will say it is not permissible. Adam, it appears he has been married, will say it is not permissible. And what do you say, 'Abd al-Rahman? It is permissible, because he has not been married. Okay, in any case, let us look at the verse. Let us proceed according to the wording of the texts of the Book and the Sunnah. Let us proceed according to the verse: Right? Is marriage a sale? Is the marriage contract a sale contract? It is not a sale contract. So according to the wording, marriage should be permissible, the marriage contract should be permissible, because it is a rare matter that happens very little. When does it happen that two men are walking to the mosque and after the adhan one of them marries the other to his daughter? This does not happen easily. And the rare, the scholars say: has no ruling. And whoever looks at the fact that the intended meaning of the prohibition of sale is what? Being occupied from attending the sermon and the prayer, says: marriage may occupy one more. This man for whom we contracted the marriage will think: when is the consummation? And when will it happen? And where is the mahr and the maintenance and the furniture of the house? He thinks more than a sale contract. Is that not so? So some of the other scholars say: The marriage contract is forbidden and not valid. And Allah only mentioned the sale because it is the common case, otherwise all contracts are like it, except something we know cannot be attached to the sale due to the little distraction it causes, like a gift—as we exemplified first—so this is permissible.
then proceed to the remembrance of Allah and leave trade
فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَLeave the sale
ذروا البيعLeave the sale
ذروا البيعBut Allah has permitted trade and has forbidden interest
وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَاAnd leave the sale
وذروا البيعOkay. Is a gift forbidden after the second call of Jumu'ah? If a person—for example—is walking with his companion and has a miswak with him, and he gives it to his companion as a gift. Is it permissible or not permissible? After the adhan, everyone! After the adhan? After the adhan? Is it permissible? Why? It is not a sale. This is not a sale. And he is walking; there is nothing but "take this miswak," so he takes it; it does not distract him.
Okay. The marriage contract. Two men are walking, and one of them says to the other: He is looking for a wife, searching for a wife. He says: I have a wife for you, my daughter. And with them are two other men to be witnesses. So he says: Marry me to her. He says: I congratulate you at this hour; I did not keep her except for you and people like you. In the name of Allah, I give you my daughter So-and-so in marriage. He says: I accept. This was after the adhan, after the second adhan on Friday, and they were on their way to the mosque. So he says: Bear witness, saying to the two men: Bear witness. The contract is completed now. Is this permissible or not permissible? Okay, it appears to me that you will differ on this. Whoever has not been married will say it is permissible. And whoever has been married will say it is not permissible. Adam, it appears he has been married, will say it is not permissible. And what do you say, 'Abd al-Rahman? It is permissible, because he has not been married. Okay, in any case, let us look at the verse. Let us proceed according to the wording of the texts of the Book and the Sunnah. Let us proceed according to the verse:
