Explanation of the Book of Sales-01

The Shaykh : He said: "And from Jabir ibn 'Abd Allah (may Allah be pleased with them both)

he heard God’s Messenger say in the year of the Conquest when he was in Mecca, "God and His Messenger have declared forbidden the sale of wine

أنه سمع رسول الله صلى الله عليه وسلم يقول ، عام الفتح ، وهو بمكة : إن الله حرم بيع الخمر

Mishkat al-Masabih 2766

" to the end of it.
This hadith falls under the author's statement: "and what is forbidden" "and what is forbidden" so it is in the author's words or in the author's context for the hadiths. Is there a mix-up or an order here?
The student: It is in order.

The Shaykh : No, it is not in order, because he started with the conditions and then moved to what is forbidden, but he started with what?
The student: What is forbidden.

The Shaykh : With what is forbidden, unless someone claims that his statement: includes the conditions in a general sense, because we said that it conforms to the Shari'ah and contains truth and clarity?
The student: ...

The Shaykh : ... here?
The student: ...

The Shaykh : The important thing is, if that is the case, then the order?
The student: It is in order.

The Shaykh : It is in order. Good. He says "from Jabir," yes, to the end of it. Jabir (may Allah be pleased with him) mentioned the time and the place, so he said "in the Year of the Conquest," which is the time, and "while he was in Makkah," which is the place. It was the Year of the Conquest, and the Year of the Conquest was in the eighth year of the Hijrah, in Ramadan. And he only said "while he was in Makkah" because he might have said this in the Year of the Conquest while he was in al-Madinah. Yes, he says: to the end of it.
Prohibition in language means prevention. From this comes "the protected area of a well" because it protects it, protects it, and prevents aggression against it.
And intoxicants are everything that covers the mind, as 'Umar (may Allah be pleased with him) said. And the Prophet (peace and blessings be upon him) mentioned it with a clearer wording, saying: So intoxicants are therefore any intoxicating substance, whether from grapes, or dates, or wheat, or from any type. Whatever intoxicates is an intoxicant. But what is intoxication? Intoxication is covering the mind in a state of pleasure and joy, not covering the mind in a state of drowsiness and unconsciousness. No, but in a state of pleasure and joy. This is the intoxicant. So intoxication does not put a person in a state of unconsciousness, but it puts him in a state of euphoria and joy, as if he wants to fly, but he is not steady because of the intensity of the joy. And you know that a person, from the intensity of joy, might speak words that he could not speak in his normal state of mind. So here the man said: "O Allah, You are my slave and I am your Lord" He made a mistake from the intensity of joy. Intoxicants, may Allah protect us, cover the mind until a person feels that he is a king and a brave man, and he might feel that he is an angel above humans. Yes, and for this reason you find him speaking in a confused manner.
That is, two camels with which water is sprinkled, all this he did while he was intoxicated, not knowing what he was doing. But he was stirred up until he stood up, and he was like a brave man, and he was indeed brave (may Allah be pleased with him), no doubt, and he did this act while still intoxicated. Look, it means the matter went beyond euphoria until his father became the master of the Messenger of Allah (peace and blessings be upon him). So the Prophet (peace and blessings be upon him) delayed because he saw that the man had not yet recovered. And this was before?
The student: Intoxicants were forbidden.

The Shaykh : Intoxicants were forbidden, because Hamzah (may Allah be pleased with him) was martyred at Uhud in the third year, and intoxicants were forbidden in the sixth year. The important thing is that intoxicants bring their user to this extent. They have many rulings mentioned in Islamic jurisprudence, which we will not elaborate on. But because of their mental and social harm, the Lawgiver forbade them. So their sale is forbidden. Likewise, the sale of the... Good, is anything excepted from it?
The student: Forever.

The Shaykh : Nothing is excepted from it, even in the case where intoxicants are permitted. Nothing is excepted from it. Yes?
The student: ...

The Shaykh : Yes, even in the case where it is permitted. Is drinking intoxicants permitted to remove a piece of food that is stuck in the throat, or not? And no one else is present, and he is either going to die or drink a mouthful of intoxicant and the blockage will go away? Yes, we say it is obligatory for you to drink this and remove the blockage. The fire has started burning his house, and there is nothing around him except a sheet... of intoxicant. And his companion said, "I will not sell it to you, I will not give it to you for free." The... fire? He said, "No, except for one hundred riyals." Is that permissible?
The student: It is permissible.
Another student: It is not permissible.

The Shaykh : It is not permissible, it is not permissible. But here the needy person pays the money to the one asking for it, not as a sale, because it is not valid, but in order to save himself from the fire. In any case, intoxicants are not permissible, even in the case where they are permitted, whether in use or in drinking. They are not permissible. Why? Because their permissibility is in a rare case, a rare case. And what is the criterion? The majority. Good. Carrion. He said the Messenger forbade the sale of carrion. What is carrion first? We say everything that did not die by a lawful slaughter. Everything that did not die by a lawful slaughter. This criterion does not break, what did we say?
The student: That which did not die by a lawful slaughter.

The Shaykh : Yes, so it includes what died without slaughter, or not?
The student: Yes.

The Shaykh : Good, and it includes what died by a non-lawful slaughter, either due to the slaughterer's lack of qualification or a defect in the slaughter, right? Good, and it includes what slaughter does not make permissible, like the carrion of a donkey, or not? So it includes how many cases? Three cases: what died of natural death without slaughter, what died by a non-lawful slaughter, and what slaughter does not make permissible even if slaughtered. So if a person has a donkey and lays it down and says "In the name of Allah, Allah is the Greatest," and slaughters it and cuts the windpipe and the esophagus, what do you say about this?
The student: ...

The Shaykh : It is not a slaughter?
The student: ...

The Shaykh : The slaughter does not benefit, because the slaughter does not make it permissible. Clear? All of this is forbidden to sell. It is forbidden to sell it.
Good, even in the case where it is permissible? Yes, even in the case where it is permissible. If this man is one for whom eating carrion is permissible due to dire necessity, it is not permissible for him to buy it. It is not permissible. But if he cannot reach it except by paying something, let him pay, and the sin is on the seller. And this is a form of sale, not a sale in the Shari'ah. It is a form of sale, not a sale in the Shari'ah.
Good, is carrion here in the general sense? The answer is no. The intended meaning of carrion is forbidden carrion, to distinguish it from lawful carrion, like the carrion of fish and locusts. It is permissible to sell these because they are lawful and eaten in any case and without necessity. Good, is anything excepted from carrion? It will come, if Allah wills, in the benefits that something is excepted from it. Yes.
The second, he said: pork. Pork is a known, foul animal that eats filth and excrement. It is known for not being jealous; it might allow its female to be mated by another male. And it is itself foul, as Allah the Exalted said: So its sale is not permissible, even in the case where eating it is permitted? Yes, even in this case? Its sale is not permissible absolutely, even in the case of dire necessity where a person is permitted to eat it. It is not permissible to sell it. If he is compelled to it and cannot obtain it except by paying for it, he pays, but it is not a lawful sale.
And idols: Idols is the plural of idol, and it is what is worshipped besides Allah, like trees, stones, and others. These are not forbidden for their own sake, but for the shirk (associating partners with Allah) intended by them. And shirk is the greatest of sins. So if a person is in a place where they worship a specific tree, and someone comes walking in the market, who buys this idol? Who buys this idol? Is it permissible for you to buy it?
The student: No.

The Shaykh : It is never permissible, except if you cannot reach its destruction except by that, then it is permissible, but it is a formal sale, because it has no price in the Shari'ah. It has no price in the Shari'ah.
And like the idol is also the statue that is worshipped besides Allah. The statue is an idol, but it is more specific, because an idol is everything worshipped besides Allah, from trees, stones, statues, and others. And a statue is what is made in a specific form, like being made in the shape of a scholar, or a worshipper, or a ruler, or the like. Good, if the thing is worshipped besides Allah and most people do not worship it, like the cow. The cow is worshipped by some people, worshipped besides Allah, yes, besides Allah or with Allah?
The student: Besides Allah.

The Shaykh : Besides Allah, worshipped besides Allah. Do we say if we are in a land where its people worship cows, it is not permissible for us to sell the cow? Here? Yes, it is permissible, except to the one who buys it for this purpose. Good, these are four things: intoxicants, carrion, pork, and idols.
The wisdom behind this is that as for intoxicants, it is because they corrupt the mind and corrupt society. As for carrion and pork, it is because they are foul food from which a person gains nothing but harm and disease. As for idols, it is because they corrupt religions. So the wisdom behind prohibiting the sale of these things is the protection of minds, bodies, and religions. And if you wish, say, and the fitrah (the innate natural disposition) and the fitrah. And this is realized in the prohibition of selling pork, because if the pig is, as they say, without jealousy, a cuckold, then the one who feeds on it becomes like it. Therefore, so that a person does not feed on it and thereby acquire its bestiality and aggression, if it is true that it has no jealousy. In that case, it corrupts the fitrah and morals. So the wisdom behind teaching about these things is four things: protection?
The student: Minds.

The Shaykh : Minds.
The student: Bodies.

The Shaykh : And bodies.
The student: And religions.

The Shaykh : And religions, and the fitrah and the fitrah. The Islamic religion came to protect these things. It came to protect these things. And if we wished, we could say that from the sum of these things comes the protection of wealth. How is the protection of wealth achieved?
The student: ...

The Shaykh : Because spending wealth on such things is spending on what has no benefit, but rather on what has harm. So it is a waste of wealth. It is a waste of wealth, right? So minds, religions, bodies, fitrah, and wealth, right? Five. For the protection of these five, Allah Mighty and Majestic prohibited the sale of these things, even if there is profit in them. As He the Exalted said regarding intoxicants: But their sin is greater than their benefit. Their harm is greater than their benefit. Is that clear? And Allah Mighty and Majestic does not prohibit His servants from a thing except because its harm is greater. And that is because giving is more beloved to Him than withholding, and His mercy precedes His wrath. Yes?