The Book of Sales.
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The Shaykh : Praise be to Allah, Lord of the worlds, and may peace and blessings be upon our Prophet Muhammad, and upon his family and all his Companions.
He (may Allah have mercy on him) said: "The Book of Sales". The author said "Book" because this is independent of what came before it and is of a different kind, for the first was entirely about acts of worship, which are dealings with the Creator (Mighty and Majestic), while this is about sales, which are dealings with creation. The scholars began with sales after acts of worship because they have more relevance to people. Otherwise, for example, marriage has a connection to dealings and a connection to worship, but sales have more relevance to people because a person needs them for his food, drink, clothing, dwelling, mount, marriage, and so on. Thus, they are more broadly relevant, and for this reason the scholars placed them after acts of worship.
And the author said: "The Book of Sales", using the plural form considering their types. Otherwise, it is the plural of "sale," and "sale" is a verbal noun. A verbal noun is not pluralized unless types are intended. If types are intended, it is permissible to pluralize it considering its types.
The original ruling for sales is permissibility, based on the saying of Allah the Exalted:[Al-Baqarah 2:275] So, for any form of sale that is claimed to be forbidden, the claimant must provide proof, meaning evidence, because the original ruling is permissibility. Allah legislated sale and made it permissible for His servants because dire necessity calls for it at times, pressing need calls for it at times, and enjoyment calls for it at times. Sometimes dire necessity calls for it, such as when a person has dirhams and is thirsty, and another person has water. Here, dire necessity calls for a sale contract because this thirsty person cannot reach the water except through sale, if its owner does not give it to him, and not everyone is able to give it away. Sometimes the dire necessity is for the buyer, and sometimes the dire necessity is for the seller, such as when a person has food but is thirsty and needs to sell the food to buy water. Here, the dire necessity is from the seller. As for the pressing need that calls for it, it is what a person needs in matters of his religion and worldly life that is not a dire necessity, such as his need for another garment in addition to his first one in the days of winter, and the like. As for enjoyment, it is like when a person has everything he is in dire need of and everything he has a pressing need for, but he likes to enjoy himself and be at ease in what Allah has made permissible for him, and he has no way to do so except through sale. Here we say that neither dire necessity nor pressing need called for it, but it is from the category of enjoying the blessings of Allah (Mighty and Majestic) in a permissible manner.
For this reason, it was wise to permit sale for the servants so that their dire necessities are removed, their pressing needs are met, and their enjoyment is completed. Is that clear? Because not every person who is in dire need of food or drink finds someone to give it to him, and not every person who needs household supplements finds someone to give them to him, and not every person who wants to enjoy what Allah the Exalted has given him of good finds someone to give him what he enjoys. For this reason, it was wise that Allah (Mighty and Majestic) made it permissible for His servants.
He (may Allah have mercy on him) said: "The Book of Sales". The author said "Book" because this is independent of what came before it and is of a different kind, for the first was entirely about acts of worship, which are dealings with the Creator (Mighty and Majestic), while this is about sales, which are dealings with creation. The scholars began with sales after acts of worship because they have more relevance to people. Otherwise, for example, marriage has a connection to dealings and a connection to worship, but sales have more relevance to people because a person needs them for his food, drink, clothing, dwelling, mount, marriage, and so on. Thus, they are more broadly relevant, and for this reason the scholars placed them after acts of worship.
And the author said: "The Book of Sales", using the plural form considering their types. Otherwise, it is the plural of "sale," and "sale" is a verbal noun. A verbal noun is not pluralized unless types are intended. If types are intended, it is permissible to pluralize it considering its types.
The original ruling for sales is permissibility, based on the saying of Allah the Exalted:
But Allah has permitted trade
وأحلّ الله البيعFor this reason, it was wise to permit sale for the servants so that their dire necessities are removed, their pressing needs are met, and their enjoyment is completed. Is that clear? Because not every person who is in dire need of food or drink finds someone to give it to him, and not every person who needs household supplements finds someone to give them to him, and not every person who wants to enjoy what Allah the Exalted has given him of good finds someone to give him what he enjoys. For this reason, it was wise that Allah (Mighty and Majestic) made it permissible for His servants.