What is the ruling in the Shari'ah regarding a merchant who sells you an item and conditions that you take another item with it, given that people are not buying this type of merchandise?
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The questioner : What is the ruling in the Shari'ah regarding a merchant who sells you an item and conditions that you take another item with it, given that people are not buying this type of merchandise? What is the ruling on the sale, is it valid or not? And does sin attach to me in purchasing that?
The Shaykh : Yes. There is nothing wrong with this; that is, there is nothing wrong with the seller saying to you, "I will not sell you this commodity unless you buy the other commodity."
The questioner : Yes.
The Shaykh : So if you are satisfied with that, there is no blame on you, due to the generality of the saying of Allah the Exalted:[Al-Ma'idah 5:1] and the saying of the Prophet (peace and blessings be upon him): and his saying: Sunan Abi Dawud 2139Sahih (Al-Albani) The original ruling regarding conditions is like the original ruling regarding contracts, which is permissibility and lawfulness, until evidence arises prohibiting it. So if the seller conditions that you buy the other commodity along with the commodities you desire,
The questioner : Yes.
The Shaykh : there is no blame on you in buying from him, except if he conditions on you a commodity in which riba (usury or interest) occurs along with the price you paid, such as if you buy food with food, like wheat with barley, for example, and he conditions that you buy another wheat from him. Then that is not permissible because it leads to excess in the sale of two types of the same kind with each other. When a type is sold with part of itself, excess is not permissible in it, due to the saying of the Prophet (peace and blessings be upon him):Sunan ad-Darimi 18:49.
We mentioned that there is nothing wrong with the seller conditioning on the buyer that he buy another commodity along with what he wants, except if that includes a prohibited matter in the Shari'ah. We mentioned an example in the issue of riba (usury or interest).
Likewise, another example: if you requested to buy a watch from him, for example, and he said, "I will not sell you this watch unless you buy from another commodity of his a commodity of amusement, like a musical instrument, for example."
The questioner : Yes.
The Shaykh : Then this is not permissible because this condition includes a prohibited matter in the Shari'ah, so it is invalid, due to the saying of the Messenger of Allah (peace and blessings be upon him):Sunan Ibn Majah 2521Sahih (Darussalam).
The questioner : Good, good.
The Shaykh : Yes.
The Shaykh : Yes. There is nothing wrong with this; that is, there is nothing wrong with the seller saying to you, "I will not sell you this commodity unless you buy the other commodity."
The questioner : Yes.
The Shaykh : So if you are satisfied with that, there is no blame on you, due to the generality of the saying of Allah the Exalted:
O you who have believed, fulfill [all] contracts.
يا أيها الذين ءامنوا أوفوا بالعقودMuslims are bound by their conditions
المسلمون على شروطهمThe condition worthier to be fulfilled by you is the one by which you made the private parts (of your wife) lawful (for you).
إن أحق الشروط أن توفوا به ما استحللتم به الفروجThe questioner : Yes.
The Shaykh : there is no blame on you in buying from him, except if he conditions on you a commodity in which riba (usury or interest) occurs along with the price you paid, such as if you buy food with food, like wheat with barley, for example, and he conditions that you buy another wheat from him. Then that is not permissible because it leads to excess in the sale of two types of the same kind with each other. When a type is sold with part of itself, excess is not permissible in it, due to the saying of the Prophet (peace and blessings be upon him):
Gold with gold, and silver with silver, and wheat with wheat, and dates with dates, and barley with barley, and salt with salt, like for like, equal for equal, hand to hand.
الذهب الذهب والفضة بالفضة والبر بالبر والتمر بالتمر والشعير بالشعير والملح بالملح مثلا بمثل سواء بسواء يدا بيدWe mentioned that there is nothing wrong with the seller conditioning on the buyer that he buy another commodity along with what he wants, except if that includes a prohibited matter in the Shari'ah. We mentioned an example in the issue of riba (usury or interest).
Likewise, another example: if you requested to buy a watch from him, for example, and he said, "I will not sell you this watch unless you buy from another commodity of his a commodity of amusement, like a musical instrument, for example."
The questioner : Yes.
The Shaykh : Then this is not permissible because this condition includes a prohibited matter in the Shari'ah, so it is invalid, due to the saying of the Messenger of Allah (peace and blessings be upon him):
Every conditions that is not in the Book of Allah (SWT) is invalid, even if there are one hundred conditions.
كل شرط ليس في كتاب الله فهو باطل وإن كان مائة شرطThe questioner : Good, good.
The Shaykh : Yes.