Benefits of the Hadith: (Jabir (may Allah be pleased with him) narrated that the Prophet (peace and blessings be upon him) prohibited muhaqalah, muzabanah, and so on).
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The Shaykh : So, it is derived from this hadith the prohibition of these things: muhaqalah, muzabanah, mukhabarah, and thunya, unless you know four things. And we have learned in the principles of jurisprudence that prohibition implies invalidity, is that not so?
The student: Yes.
The Shaykh : Good. And accordingly, if contracts are conducted according to these prohibited contracts, they are defective and not valid, because the Prophet (peace and blessings be upon him) prohibited them. And prohibition implies invalidity. And if prohibition implies invalidity, then dealing with these things is defective.
So, among the benefits of the hadith, among the benefits of the hadith, is the prohibition of these transactions. One.
And the second?
The student: The invalidity of the contract.
The Shaykh : The invalidity of the contract by them.
The third is the perfection of the Shari'ah by keeping people away from transactions that lead to dispute and litigation and the harboring of grudges. Is that clear?
Fourth: The permissibility of making an exception in every contract of sale and others, on the condition that it is known. If it is unknown, then it is not valid. This is in contracts of exchange. It is clear. And in contracts of donation, we may say it is permissible, because contracts of donation do not contain what incites enmity and hatred. So if a person says to someone, "I give you this thing except for a part of it," the permissibility is directed, and the donor specifies the part he excepted, because the recipient does not lose anything if the whole is delivered to him, and if only a little is delivered, he is a winner in any case.
The student: Yes.
The Shaykh : Good. And accordingly, if contracts are conducted according to these prohibited contracts, they are defective and not valid, because the Prophet (peace and blessings be upon him) prohibited them. And prohibition implies invalidity. And if prohibition implies invalidity, then dealing with these things is defective.
So, among the benefits of the hadith, among the benefits of the hadith, is the prohibition of these transactions. One.
And the second?
The student: The invalidity of the contract.
The Shaykh : The invalidity of the contract by them.
The third is the perfection of the Shari'ah by keeping people away from transactions that lead to dispute and litigation and the harboring of grudges. Is that clear?
Fourth: The permissibility of making an exception in every contract of sale and others, on the condition that it is known. If it is unknown, then it is not valid. This is in contracts of exchange. It is clear. And in contracts of donation, we may say it is permissible, because contracts of donation do not contain what incites enmity and hatred. So if a person says to someone, "I give you this thing except for a part of it," the permissibility is directed, and the donor specifies the part he excepted, because the recipient does not lose anything if the whole is delivered to him, and if only a little is delivered, he is a winner in any case.