A man bought sheep and agreed with the seller that payment would be made after one month, and stipulated that whoever breaks the sale would be liable for a specific penalty. Is this penalty
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The questioner : A man sold to another man a specific item, and stipulated that the amount would be paid after one month.
The Shaykh: How.
The questioner : A man bought sheep from another man and stipulated that he would pay the money after one month had passed since the sale. But during this month, or after this month, the man who bought the sheep suffered a loss, meaning he needs to return the sheep to their owner. So here, they stipulated between themselves that the one who returns them, or the one who breaks the agreement, would be liable for, for example, a penalty.
The Shaykh : Peace be upon you, and Allah’s mercy and blessings. Welcome.
The questioner : He is liable for a specific compensation. So this compensation here, is it taken according to the Shari'ah or not? What is the ruling on this compensation?
The Shaykh : Is the compensation for the return?
The questioner : Yes, and with the damage to the need or the material that the buyer purchased.
The Shaykh : How was the agreement between them?
The questioner : A man bought sheep from another man and said to him, “After one month, I will give you the money.” So these sheep were afflicted with a disease during this month or after this month, and it was difficult for the man to gather the full amount of money for the sheep.
The Shaykh : My brother, you.
The questioner : So he wanted to return them.
The Shaykh : Be patient while you were talking about the agreement.
The questioner : Yes, and peace be upon you.
The Shaykh : And if you had been talking about the date!
The questioner: Yes.
The Shaykh: About what happened. You complete it. How was the agreement?
The questioner : The agreement was that he would give him the sheep, and the payment of the money would be after one month?
The Shaykh : Is this clear up to here?
The questioner : Is that clear?
The Shaykh : After?
The questioner : After the completion of this month, the sheep were afflicted with damage.
The Shaykh : Did the agreement end?
The questioner : Yes, the agreement is ended. But there was a compensation in the agreement that the one who breaks the covenant or breaks the contract would be liable for a specific compensation.
The Shaykh : Is this the earnest money?
The questioner : The other: The earnest money.
The questioner : Yes, it is not the earnest money. It is compensation. For example, I bought something from you for five thousand dinars, and we agreed that if this covenant is broken, the one who breaks it pays the other, for example, one hundred dinars. But during this month or during this period, the sheep also caused damage. So is it valid to return this thing, or what is the Shari'ah ruling in this case?
The Shaykh : I do not know. Perhaps the professor will look into the issue. I say that, so perhaps you will look into the issue and help us with it?
The Professor: I seek refuge in Allah.
The questioner : A man bought sheep from another man, and the agreement was that after one month he would settle the amount. During this agreement, the one who breaks the covenant gives compensation. So as soon as this man broke the covenant for the compensation, and during this month he wanted to return the goods, the goods were damaged, meaning the sheep were afflicted with diseases.
The Professor: Is this what you said previously?
The questioner : Is it permissible? I confused things a bit.
The Shaykh : No problem, yes.
The questioner: Yes.
The Shaykh : He said it before because he is repeating the issue, yes.
The questioner : If these sheep were afflicted with damage, what is the Shari'ah ruling in this? Does the man have the right to return to the seller and give the compensation, or how is it?
The Professor: Where did the damage originate from?
The questioner : Meaning, by divine decree, let us say.
The Professor: No, I mean, did the damage occur?
The questioner : In the buyer’s liability.
The Professor: If you please, I am asking a question. Did the damage occur due to a drop in price, for example, or due to a disease?
The Shaykh : He says disease.
The questioner : Disease, disease!
The Professor: Disease, that is it. But if Allah knows, I say, if the calamity that befell the sheep was a heavenly calamity with no relation to human action on earth, then this is different from if, for example, when they were offered for sale, they suffered a loss due to the seller’s or the sheep owner’s desire to sell in order to hasten the sale as a result of his fear that he would not be able to feed them, or similar matters relating to the life of the sheep.
The questioner: Yes.
The Professor: So there is a difference. If, and Allah knows best, if the matters were heavenly, then this small amount, if it is small, does not suffice. This requires huge amounts to compensate for these sheep. So the truth is, in such a case, I do not see the compensation, because the matter occurred divinely, from a heavenly calamity, like what happens, for example, in seasons of agriculture or fruits, or similar. And as for if the loss is due to something relating to buying and selling, or to his inability to market the sheep, or his fear for them due to his inability to feed them, then this is another matter. The truth is, I do not think that in this case he takes the compensation, and Allah knows best.
The questioner : Well, here the divine decree, and the divine decree struck the buyer. The divine decree struck the buyer, not the seller, because the seller here has cleared his liability from this matter?
The Professor: Did you intend to return them?
The questioner : Yes, he wants to return them now. Who is the buyer? He wants to burden the seller. So how is the seller?
The Professor: The seller, the seller has nothing on him. How can he be burdened? This is not in his liability at all.
The questioner : Meaning, through the month, this is a matter of returning the money, meaning.
The Professor: It has no relation.
The questioner : Is there nothing in this?
The Professor: There is nothing. It has no relation.
The questioner : It becomes...
The Professor: Yes, yes, of course.
The questioner : O Shaykh, the sale was completed and that is it?
The Professor: I understand, may Allah bless you. But he says, when the situation is one of the two situations: either when he saw the disease started in them, he wanted to return them to take the compensation from that, or to calculate some amount from the sheep. Of course, this does not happen except through rescission (iqalah). The seller does not want to rescind except if he rescinds or forgives him some amount. At that time, this is the excuse, O Shaykh.
The Shaykh : By consent, everything will proceed, but he is asking?
The Professor: Yes, yes.
The Shaykh : Does the seller have the right to accept the buyer’s return?
The Professor: Yes, yes.
The Shaykh : Allah knows best.
The questioner : In the matter of consent, this is an agreement of both parties by mutual consent, meaning?
The Professor: Rescission (iqalah)?
The questioner : The other: Rescission (iqalah). What is the hadith, O our Shaykh?
The Shaykh :
The questioner : The other:
The Shaykh: Did they agree that if one of them returns, he will impose on the other that he pay a specific amount?
The questioner : Compensation.
The Shaykh : Did they agree on this?
The Professor: During the period?
The Shaykh : Yes, during the period, or did they specify a period or leave it open?
The questioner : A period of one month.
The Shaykh : Yes, a period of one month. So does it mean that if they agreed on this, it is obligatory for each of them to accept the return and the payment?
The Professor: Ah, if there is a condition, meaning.
The questioner : But the material was damaged.
The Professor: There, as I said, regarding the damage, it is another matter and has no relation. If the condition was for a specific period, but the hadith is the two sellers have the option...
The Shaykh : Unless they separate.
The Professor: ما لم يتفرقا as long as they have not separated But this condition, meaning, there is also a hadith, O our Shaykh.
The Shaykh : المؤمنون عند شروطهم The believers are bound by their conditions. .
The Professor: Yes, yes.
The Shaykh : Unless they make lawful what is forbidden.
The Professor: Yes, yes.
The Shaykh : Unless they make lawful what is forbidden.
The Professor: Or make forbidden what is lawful.
The Shaykh : Lawful, yes. But here is something that makes me hesitate in the matter: the issue of placing the calamity (jawa'ih). The calamity.
The Professor: Ah, the calamity, yes?
The Shaykh : Here there is a great resemblance to the calamity (jawa'ih).
The Professor: It is a calamity, it is really. He said as a result of a disease?
The Shaykh : In that case, it returns to the seller if we attach it to the calamity. It should return to the seller?
The Professor: During this period?
The Shaykh : Absolutely. The calamity, you know well, if the buyer guaranteed a specific thing and then returned it due to a calamity.
The Professor: Yes, yes.
The Shaykh : The Messenger of Allah said: بم يستحل أحدكم مال أخيه what is permissible for one of you to take the wealth of his brother?Sahih Muslim 1555c!
The Professor: Yes, yes.
The Shaykh : So he must return the money he took.
The Professor: Is this applied to them by analogy?
The Shaykh : This is what I am hesitating about: whether it is attached to the calamity or not? It needs thought!
The Shaykh: How.
The questioner : A man bought sheep from another man and stipulated that he would pay the money after one month had passed since the sale. But during this month, or after this month, the man who bought the sheep suffered a loss, meaning he needs to return the sheep to their owner. So here, they stipulated between themselves that the one who returns them, or the one who breaks the agreement, would be liable for, for example, a penalty.
The Shaykh : Peace be upon you, and Allah’s mercy and blessings. Welcome.
The questioner : He is liable for a specific compensation. So this compensation here, is it taken according to the Shari'ah or not? What is the ruling on this compensation?
The Shaykh : Is the compensation for the return?
The questioner : Yes, and with the damage to the need or the material that the buyer purchased.
The Shaykh : How was the agreement between them?
The questioner : A man bought sheep from another man and said to him, “After one month, I will give you the money.” So these sheep were afflicted with a disease during this month or after this month, and it was difficult for the man to gather the full amount of money for the sheep.
The Shaykh : My brother, you.
The questioner : So he wanted to return them.
The Shaykh : Be patient while you were talking about the agreement.
The questioner : Yes, and peace be upon you.
The Shaykh : And if you had been talking about the date!
The questioner: Yes.
The Shaykh: About what happened. You complete it. How was the agreement?
The questioner : The agreement was that he would give him the sheep, and the payment of the money would be after one month?
The Shaykh : Is this clear up to here?
The questioner : Is that clear?
The Shaykh : After?
The questioner : After the completion of this month, the sheep were afflicted with damage.
The Shaykh : Did the agreement end?
The questioner : Yes, the agreement is ended. But there was a compensation in the agreement that the one who breaks the covenant or breaks the contract would be liable for a specific compensation.
The Shaykh : Is this the earnest money?
The questioner : The other: The earnest money.
The questioner : Yes, it is not the earnest money. It is compensation. For example, I bought something from you for five thousand dinars, and we agreed that if this covenant is broken, the one who breaks it pays the other, for example, one hundred dinars. But during this month or during this period, the sheep also caused damage. So is it valid to return this thing, or what is the Shari'ah ruling in this case?
The Shaykh : I do not know. Perhaps the professor will look into the issue. I say that, so perhaps you will look into the issue and help us with it?
The Professor: I seek refuge in Allah.
The questioner : A man bought sheep from another man, and the agreement was that after one month he would settle the amount. During this agreement, the one who breaks the covenant gives compensation. So as soon as this man broke the covenant for the compensation, and during this month he wanted to return the goods, the goods were damaged, meaning the sheep were afflicted with diseases.
The Professor: Is this what you said previously?
The questioner : Is it permissible? I confused things a bit.
The Shaykh : No problem, yes.
The questioner: Yes.
The Shaykh : He said it before because he is repeating the issue, yes.
The questioner : If these sheep were afflicted with damage, what is the Shari'ah ruling in this? Does the man have the right to return to the seller and give the compensation, or how is it?
The Professor: Where did the damage originate from?
The questioner : Meaning, by divine decree, let us say.
The Professor: No, I mean, did the damage occur?
The questioner : In the buyer’s liability.
The Professor: If you please, I am asking a question. Did the damage occur due to a drop in price, for example, or due to a disease?
The Shaykh : He says disease.
The questioner : Disease, disease!
The Professor: Disease, that is it. But if Allah knows, I say, if the calamity that befell the sheep was a heavenly calamity with no relation to human action on earth, then this is different from if, for example, when they were offered for sale, they suffered a loss due to the seller’s or the sheep owner’s desire to sell in order to hasten the sale as a result of his fear that he would not be able to feed them, or similar matters relating to the life of the sheep.
The questioner: Yes.
The Professor: So there is a difference. If, and Allah knows best, if the matters were heavenly, then this small amount, if it is small, does not suffice. This requires huge amounts to compensate for these sheep. So the truth is, in such a case, I do not see the compensation, because the matter occurred divinely, from a heavenly calamity, like what happens, for example, in seasons of agriculture or fruits, or similar. And as for if the loss is due to something relating to buying and selling, or to his inability to market the sheep, or his fear for them due to his inability to feed them, then this is another matter. The truth is, I do not think that in this case he takes the compensation, and Allah knows best.
The questioner : Well, here the divine decree, and the divine decree struck the buyer. The divine decree struck the buyer, not the seller, because the seller here has cleared his liability from this matter?
The Professor: Did you intend to return them?
The questioner : Yes, he wants to return them now. Who is the buyer? He wants to burden the seller. So how is the seller?
The Professor: The seller, the seller has nothing on him. How can he be burdened? This is not in his liability at all.
The questioner : Meaning, through the month, this is a matter of returning the money, meaning.
The Professor: It has no relation.
The questioner : Is there nothing in this?
The Professor: There is nothing. It has no relation.
The questioner : It becomes...
The Professor: Yes, yes, of course.
The questioner : O Shaykh, the sale was completed and that is it?
The Professor: I understand, may Allah bless you. But he says, when the situation is one of the two situations: either when he saw the disease started in them, he wanted to return them to take the compensation from that, or to calculate some amount from the sheep. Of course, this does not happen except through rescission (iqalah). The seller does not want to rescind except if he rescinds or forgives him some amount. At that time, this is the excuse, O Shaykh.
The Shaykh : By consent, everything will proceed, but he is asking?
The Professor: Yes, yes.
The Shaykh : Does the seller have the right to accept the buyer’s return?
The Professor: Yes, yes.
The Shaykh : Allah knows best.
The questioner : In the matter of consent, this is an agreement of both parties by mutual consent, meaning?
The Professor: Rescission (iqalah)?
The questioner : The other: Rescission (iqalah). What is the hadith, O our Shaykh?
The Shaykh :
Whoever rescinds the slip of one who repents, Allah will...
من أقال نادما عثرته أقال الله ...The questioner : The other:
his stumble on the Day of Resurrection
عثرته يوم القيامةThe Shaykh:
his stumble on the Day of Resurrection
عثرته يوم القيامةThe questioner : Compensation.
The Shaykh : Did they agree on this?
The Professor: During the period?
The Shaykh : Yes, during the period, or did they specify a period or leave it open?
The questioner : A period of one month.
The Shaykh : Yes, a period of one month. So does it mean that if they agreed on this, it is obligatory for each of them to accept the return and the payment?
The Professor: Ah, if there is a condition, meaning.
The questioner : But the material was damaged.
The Professor: There, as I said, regarding the damage, it is another matter and has no relation. If the condition was for a specific period, but the hadith is the two sellers have the option...
The Shaykh : Unless they separate.
The Professor: ما لم يتفرقا as long as they have not separated But this condition, meaning, there is also a hadith, O our Shaykh.
The Shaykh : المؤمنون عند شروطهم The believers are bound by their conditions. .
The Professor: Yes, yes.
The Shaykh : Unless they make lawful what is forbidden.
The Professor: Yes, yes.
The Shaykh : Unless they make lawful what is forbidden.
The Professor: Or make forbidden what is lawful.
The Shaykh : Lawful, yes. But here is something that makes me hesitate in the matter: the issue of placing the calamity (jawa'ih). The calamity.
The Professor: Ah, the calamity, yes?
The Shaykh : Here there is a great resemblance to the calamity (jawa'ih).
The Professor: It is a calamity, it is really. He said as a result of a disease?
The Shaykh : In that case, it returns to the seller if we attach it to the calamity. It should return to the seller?
The Professor: During this period?
The Shaykh : Absolutely. The calamity, you know well, if the buyer guaranteed a specific thing and then returned it due to a calamity.
The Professor: Yes, yes.
The Shaykh : The Messenger of Allah said: بم يستحل أحدكم مال أخيه what is permissible for one of you to take the wealth of his brother?Sahih Muslim 1555c!
The Professor: Yes, yes.
The Shaykh : So he must return the money he took.
The Professor: Is this applied to them by analogy?
The Shaykh : This is what I am hesitating about: whether it is attached to the calamity or not? It needs thought!
Source
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