Benefits of the Hadith: (If you see someone selling or buying in the mosque . . .) .
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The Shaykh : In this hadith, what is the evidence for the permissibility of buying and selling? The fact that it was prohibited in the mosque indicates that it is permissible outside the mosque.
Among its benefits is the prohibition of buying and selling in the mosque, whether the offer and acceptance both occur in the mosque, or one occurs outside and the other inside, based on his saying:Jami` at-Tirmidhi 1321Sahih (Darussalam) The offer may occur outside the mosque and the acceptance inside, as if two men were at the entrance of the mosque, and one said to the other, "I sold you such-and-such," then he entered the mosque and the second said, "I accept." This falls under the hadith because he said: Jami` at-Tirmidhi 1321Sahih (Darussalam) Now, likewise, if it is delayed... this example is for when the offer is delayed. If the acceptance is the one that is delayed, but the acceptance happens outside the mosque and the offer was inside the mosque, is it valid or not?
The student: It is not valid.
The Shaykh : Like two men who headed to the mosque door, and before leaving, one said to the other, "I sold you this book of mine," and after leaving, the second said, "I accept." So both are forbidden.
Among the benefits of this hadith is that if buying and selling occurs in the mosque, it is invalid. What is the evidence? That anything prohibited from acts of worship or transactions, if done in the prohibited manner, is invalid, based on the saying of the Prophet (peace and blessings be upon him):Sunan Ibn Majah 2521Sahih (Darussalam) This is the evidence. What is the reasoning? And because if we validated it, it would necessitate the execution of the contract, and this would be a contradiction and defiance of Allah (Blessed and Exalted is He), since what does the prohibition of it necessitate? It necessitates its absence and not engaging in it. So if we validated it, it would be contrary to what the Shari'ah brought.
Among the benefits of this hadith is that what is permissible in the mosque, yes, other than buying, such as giving a gift, forgiving a debt, the marriage contract, collecting a debt, lending, and the like, is permissible because they do not fall under? Answer, everyone!
The student: ...
The Shaykh : Buying and selling. And on this basis, if a person collects his debt from his debtor in the mosque, is it permissible or not? It is permissible. And if the creditor forgives his debtor of the debt in the mosque, is it permissible? Now, is the contract of guarantee and surety permissible or not?
The student: ...
The Shaykh : It is permissible; it is not buying or selling. And Abu Qatadah guaranteed the debt, the debt of the deceased, and it appears that it was in the mosque. Now, is the marriage contract permissible or not?
The student: It is permissible.
The Shaykh : It is permissible; it is not buying or selling. Is the lease contract permissible or not?
The student: ...
The Shaykh : A lease is a sale, but it is a sale of benefits, so it is not permissible. And on this basis, if the owner of the house and the tenant agree and contract in the mosque, the lease is invalid. But what do we do if the tenant has consumed the benefit? If they contracted in the mosque and then the tenant consumed the benefit, what do we do? Do we say the contract is not valid, like this?
The student: Yes, indeed.
The Shaykh : And the rent of the equivalent is assigned to the owner of the house, not the rent they contracted for. So if it happens that he leased it for ten thousand, and the rent of the equivalent is five thousand, how much is for the tenant? Only five thousand. And if it were the opposite, and he leased it for five thousand, and the rent of its equivalent is ten, how much is for the tenant?
The student: Ten thousand.
The Shaykh : Ten thousand, like this? Answer?
The student: Yes.
The Shaykh : Yes, because when it became impossible to compel them to what was agreed in the contract, we returned to?
The student: The equivalent.
The Shaykh : The equivalent, to the value of the equivalent and custom. Now, sewing in the mosque? If a weaver or tailor is in the mosque and he starts sewing in it, the answer is: if the sewing is for the sewer himself, like a man patching his garment, there is no harm. And if the sewing is for a wage, that is not permissible, because this matter has become what? It has become trade, and trade in mosques is not permissible. But if a person does that for himself or volunteers it for another person, there is no harm. And the summary is that what is a contract of exchange is like buying, and what is voluntary or has no exchange at all, meaning it is not suitable for exchange, is permissible. Now, divorce for a consideration: if a man agrees with his wife to divorce her in the mosque, is his divorce valid or not? Yes.
The student: It is valid.
The Shaykh : It is valid. This consideration on one side is not financial; it is only separation and dissolution, so it is not included in buying.
Now, if a man sells or buys in the mosque not for trade, but a person passes by him and he has a loaf of bread in his hand, and he is in the mosque and he is hungry, so he buys the loaf from him in the mosque, is it permissible or not?
The student: It is not permissible.
The Shaykh : Yes?
The student: It is not permissible.
The Shaykh : If we look at his saying:Jami` at-Tirmidhi 1321Sahih (Darussalam) we say this is specific to what is for trade, not what is for other purposes. The difference is clear, because if trade were permitted in the mosque by buying and selling, what would remain? The mosques would be places for trade. But the rare thing that a person does out of need or the like, it appears that it does not fall under this, except that we may prohibit it as a precaution so that people are not misled by the action of the doer, because what makes people know that this is trade or not trade?
Here is an issue that people need in this: if a poor person stops you and you are in the mosque, and you want to give him five riyals in charity, and you have only a ten-riyal bill, is it permissible for you to say to this poor person, "This is a ten-riyal bill, give me five," or is it not permissible?
The student: It is permissible.
The Shaykh : It is certainly currency exchange, but did he intend trade with it?
The student: No.
The Shaykh : No, he only intended to meet his brother's need, so this is permissible. This is permissible. And we have seen people in the Sacred Mosque selling Zamzam water, going around with it to people in clay pots called...
The student: A jar.
The Shaykh : A jar?
The student: A jar.
The Shaykh : A jar, no, it is not made of glass.
The student: ...
The Shaykh : What?
The student: A qullah.
The Shaykh : A qullah?
The student: A qullah, a qullah.
The Shaykh : A qullah, no, it is not qullahs, it has a specific name, small and long like this, it has...
The student: ...
The Shaykh : Huh?
The student: A zeer.
The Shaykh : A zeer.
The student: ...
The Shaykh : Yes, that is correct. The "dawarq" is the closest thing. People go around with them and give water to the pilgrims for money. This is permissible, because this is not trade. Even if we assume that the carrier of the dawarq, when someone drinks, says, "Give me," because some people when they drink say, "May Allah reward you, may Allah reward you with good, may Allah give you to drink from the pool of your Prophet," he says, "A qirsh!" Yes, and indeed people give them a qirsh or two according to the situation. This is permissible because the saying of the Messenger (peace and blessings be upon him and his family)Jami` at-Tirmidhi 1321Sahih (Darussalam) indicates that what is intended by it is what is for trade, but as I told you, the better course is to prohibit it so that a person is not suspected, and because the intention of trade is in the heart and is not known.
Among the benefits of this hadith is the exaltation of the mosques and that they are not a place for earning worldly gain, but only for the Hereafter.
Among its benefits is the prohibition of buying and selling in the mosque, whether the offer and acceptance both occur in the mosque, or one occurs outside and the other inside, based on his saying:
someone selling or buying
من يبيع أو يبتاعsomeone selling or buying
من يبيع أو يبتاعThe student: It is not valid.
The Shaykh : Like two men who headed to the mosque door, and before leaving, one said to the other, "I sold you this book of mine," and after leaving, the second said, "I accept." So both are forbidden.
Among the benefits of this hadith is that if buying and selling occurs in the mosque, it is invalid. What is the evidence? That anything prohibited from acts of worship or transactions, if done in the prohibited manner, is invalid, based on the saying of the Prophet (peace and blessings be upon him):
Every conditions that is not in the Book of Allah (SWT) is invalid
كلّ شرط ليس في كتاب الله فهو باطلAmong the benefits of this hadith is that what is permissible in the mosque, yes, other than buying, such as giving a gift, forgiving a debt, the marriage contract, collecting a debt, lending, and the like, is permissible because they do not fall under? Answer, everyone!
The student: ...
The Shaykh : Buying and selling. And on this basis, if a person collects his debt from his debtor in the mosque, is it permissible or not? It is permissible. And if the creditor forgives his debtor of the debt in the mosque, is it permissible? Now, is the contract of guarantee and surety permissible or not?
The student: ...
The Shaykh : It is permissible; it is not buying or selling. And Abu Qatadah guaranteed the debt, the debt of the deceased, and it appears that it was in the mosque. Now, is the marriage contract permissible or not?
The student: It is permissible.
The Shaykh : It is permissible; it is not buying or selling. Is the lease contract permissible or not?
The student: ...
The Shaykh : A lease is a sale, but it is a sale of benefits, so it is not permissible. And on this basis, if the owner of the house and the tenant agree and contract in the mosque, the lease is invalid. But what do we do if the tenant has consumed the benefit? If they contracted in the mosque and then the tenant consumed the benefit, what do we do? Do we say the contract is not valid, like this?
The student: Yes, indeed.
The Shaykh : And the rent of the equivalent is assigned to the owner of the house, not the rent they contracted for. So if it happens that he leased it for ten thousand, and the rent of the equivalent is five thousand, how much is for the tenant? Only five thousand. And if it were the opposite, and he leased it for five thousand, and the rent of its equivalent is ten, how much is for the tenant?
The student: Ten thousand.
The Shaykh : Ten thousand, like this? Answer?
The student: Yes.
The Shaykh : Yes, because when it became impossible to compel them to what was agreed in the contract, we returned to?
The student: The equivalent.
The Shaykh : The equivalent, to the value of the equivalent and custom. Now, sewing in the mosque? If a weaver or tailor is in the mosque and he starts sewing in it, the answer is: if the sewing is for the sewer himself, like a man patching his garment, there is no harm. And if the sewing is for a wage, that is not permissible, because this matter has become what? It has become trade, and trade in mosques is not permissible. But if a person does that for himself or volunteers it for another person, there is no harm. And the summary is that what is a contract of exchange is like buying, and what is voluntary or has no exchange at all, meaning it is not suitable for exchange, is permissible. Now, divorce for a consideration: if a man agrees with his wife to divorce her in the mosque, is his divorce valid or not? Yes.
The student: It is valid.
The Shaykh : It is valid. This consideration on one side is not financial; it is only separation and dissolution, so it is not included in buying.
Now, if a man sells or buys in the mosque not for trade, but a person passes by him and he has a loaf of bread in his hand, and he is in the mosque and he is hungry, so he buys the loaf from him in the mosque, is it permissible or not?
The student: It is not permissible.
The Shaykh : Yes?
The student: It is not permissible.
The Shaykh : If we look at his saying:
May Allah not profit your business.
لا أربح الله تجارتكHere is an issue that people need in this: if a poor person stops you and you are in the mosque, and you want to give him five riyals in charity, and you have only a ten-riyal bill, is it permissible for you to say to this poor person, "This is a ten-riyal bill, give me five," or is it not permissible?
The student: It is permissible.
The Shaykh : It is certainly currency exchange, but did he intend trade with it?
The student: No.
The Shaykh : No, he only intended to meet his brother's need, so this is permissible. This is permissible. And we have seen people in the Sacred Mosque selling Zamzam water, going around with it to people in clay pots called...
The student: A jar.
The Shaykh : A jar?
The student: A jar.
The Shaykh : A jar, no, it is not made of glass.
The student: ...
The Shaykh : What?
The student: A qullah.
The Shaykh : A qullah?
The student: A qullah, a qullah.
The Shaykh : A qullah, no, it is not qullahs, it has a specific name, small and long like this, it has...
The student: ...
The Shaykh : Huh?
The student: A zeer.
The Shaykh : A zeer.
The student: ...
The Shaykh : Yes, that is correct. The "dawarq" is the closest thing. People go around with them and give water to the pilgrims for money. This is permissible, because this is not trade. Even if we assume that the carrier of the dawarq, when someone drinks, says, "Give me," because some people when they drink say, "May Allah reward you, may Allah reward you with good, may Allah give you to drink from the pool of your Prophet," he says, "A qirsh!" Yes, and indeed people give them a qirsh or two according to the situation. This is permissible because the saying of the Messenger (peace and blessings be upon him and his family)
May Allah not profit your business.
لا أربح الله تجارتكAmong the benefits of this hadith is the exaltation of the mosques and that they are not a place for earning worldly gain, but only for the Hereafter.
