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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Explanation of the author's statement: "The Book of Sales," mentioning its prescription from the Book, the Sunnah, scholarly consensus, and correct reasoning, and clarifying its wisdom.

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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. The author (may Allah have mercy on him) said: "The Book of Sales". He mentioned it, meaning the Book of Sales, after he had finished discussing acts of worship. We mentioned that the jurists (may Allah have mercy on them) began first with what? With acts of worship, the most noble of which is prayer, and the key to which is ritual purity. So they began with ritual purity, then with sales, because sales are a prerequisite for what? The necessities of the body. Then, after that, they came to marriage, because after a person eats, drinks, and nourishes himself, he needs marriage. Then, after that, they came to retaliation and blood money and other matters. The point is that they placed sales after acts of worship because it is one of the necessities of life. Sales are permissible by the Book, the Sunnah, scholarly consensus, and correct reasoning. That means its evidence is fourfold: the Book, the Sunnah, scholarly consensus, and correct reasoning. As for the Book, it is in the saying of Allah the Exalted:
But Allah has permitted trade and has forbidden interest وأحل الله البيع وحرم الربا
[Al-Baqarah 2:275]
. As for the Sunnah, it is like His saying (peace and blessings be upon him):
If two men have made a sale, each of them has the option as long as they have not separated, and they were both present. إذا تبايع الرجلان فكل واحد منهما بالخيار ما لم يتفرّقا وكانا جميعا
. There are many hadiths on this, such as his saying:
One amongst you should not enter into a transaction when another is bargaining. لا يبع بعضكم على بيع بعض
Sahih Muslim 1412e
. As for scholarly consensus, it is known with certainty in the religion of Islam. As for correct reasoning, it is because a person needs what is in the hands of others from the goods of this world, and there is no means to that except either by oppression and taking it from them by force, or by sale. For this reason, it was necessary that sale be made lawful, so Allah (Mighty and Majestic) made it lawful. And in the lawfulness of sale is proof of the comprehensiveness of the Islamic Shari'ah, and that it is not, as its enemies say, one that organizes only the dealings between the Creator and the created. Rather, it organizes the dealings between the Creator and the created, and between the created beings with one another. And its organization of the dealings between the created beings with one another is among the most important matters, because without it, people would devour one another, and people would encroach upon one another. So it was a matter of wisdom and a requirement of the justice of Allah (Mighty and Majestic) that the dealings among creation be organized so that they do not revert to their desires and aggression. Then, the longest verse in the Book of Allah is what? The verse of debt, and it is in the dealings among creation. So how can it be said that the Islamic Shari'ah is the organization of the dealings between the Creator and the created? For this reason, a man from the polytheists said to Salman al-Farisi: "Has your Prophet taught you even how to relieve oneself?" He said: "Yes". Relieving oneself means the etiquettes of relieving oneself. In the Sunnah are the etiquettes of relieving oneself, in the Qur'an are the etiquettes of sitting:
when you are told, "Space yourselves" in assemblies, then make space إذا قيل لكم تفسحوا في المجالس فافسحوا
[Al-Mujadila 58:11]
. The etiquettes of seeking permission, the etiquettes of entering:
But when you enter houses, give greetings of peace upon each other إذا دخلتم بيوتا فسلّموا على أنفسكم
[An-Nur 24:61]
. So the Shari'ah, and praise be to Allah, is comprehensive for everything. But some things are specified by the Shari'ah itself, and some things fall under a general rule of the rules of the Shari'ah. And he who said that the texts do not suffice for a tenth of what people need has erred. Rather, we say that the texts are sufficient for everything people need, but some of it is specified, and some of it falls under the general rules. All right.
So the ruling on sales is permissibility by the Book, the Sunnah, scholarly consensus, and correct reasoning. All right. I have here, he says in the explanation, let us look at the author's words in the explanation: "It is permissible by scholarly consensus, due to the saying of Allah the Exalted:
But Allah has permitted trade وأحل الله البيع
[Al-Baqarah 2:275]
"
. Some say that this expression is questionable, and the correct thing is to say it is permissible by the Book, the Sunnah, and scholarly consensus. But the author has a point of view; he wanted to start with scholarly consensus and then mention its basis, because scholarly consensus is decisive in ending dispute, unlike a text. A text may have an opening for interpretation, so the one you cited it from may not agree with you on what you cited it for. But scholarly consensus is decisive in ending dispute. And everyone has a point of view. The one who says start with the Book, the Sunnah, and scholarly consensus has a point of view, because the Book is the strongest of the evidence, then the Sunnah, then scholarly consensus. And scholarly consensus must have a basis from the Book and the Sunnah, either known or hidden from some people, otherwise it is absolutely impossible for there to be a scholarly consensus without a basis from the Book of Allah or the Sunnah of His Messenger (peace and blessings be upon him).
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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