Review of what was previously mentioned regarding the definition of sale.
Machine translationRead the Arabic original
The Shaykh : All right, first, did you understand the sale in its linguistic and technical sense? Did you understand it?
The questioner : Yes.
The Shaykh : That is one point. Second, did you understand that it is permissible by the Book, the Sunnah, scholarly consensus, and reasoning?
The questioner : Yes.
The Shaykh : All right. Third, did you understand that it has multiple forms?
The questioner : Yes.
The Shaykh : What is left? What is left? Yes? What is left?
The questioner : The loan, O Shaykh, how is it? It is not...
The Shaykh : This definition: you can say we know the definition. It is the exchange of wealth, whether in possession or in debt, or of a permissible benefit, such as passing through a house, for the like of one of them, permanently, excluding riba and loans. We have known the definition, clear? Good.
Did you understand from the phrase "permanently" that it excludes ijara (lease)?
The questioner : Yes.
The Shaykh : Because it is not permanent; it is deferred for a specific term. Did you understand that "excluding riba" means that riba is not a sale, even if its form is the form of a sale?
The questioner : Yes.
The Shaykh : Because Allah made it a counterpart to sale, and the counterpart of a thing is not the thing itself. All right, did you understand that a loan is not a sale?
The questioner : Yes.
Another questioner: This, O Shaykh, I did not understand?
The Shaykh : There is no god but Allah. A loan is not a sale; it is not a sale.
The questioner : But how?
The Shaykh : All right, I lent you a dirham and you gave me a dirham after a month as repayment. What is this loan? This is the reality of a loan. You come to a person and say, "Lend me a riyal..." and you repay him after a month. This is a loan. If this were a sale, it would not be valid. Why? Because it is not permissible to sell a dirham for a dirham with a delay in the loan. And if the loan were not excluded from the definition of sale, no loan would ever be valid. Clear? Unless the loan is in non-riba items. If it is in non-riba items, there is no harm; meaning, if we said the loan is a sale, no loan would ever be valid in riba items because it necessitates a delay in the exchange of possession from both parties. Clear? All right, if it is asked, "What excluded it from being a sale?" we say, "Because its purpose is to be kind, and it never intended exchange. Its purpose is to do good to his brother who came asking for a loan, or to know his situation and lend to him." Is there a problem now? Is there a problem, O Kama?
The questioner : No, this... the last one.
The Shaykh : Is there a problem or not? Praise be to Allah. All right. Yes?
The questioner : ... .
The Shaykh : Yes, it can be a loan.
The questioner : ... .
The Shaykh : A loan, yes, yes. The Messenger (peace and blessings be upon him) borrowed a she-camel and returned one better than it. All right.
The author (may Allah have mercy on him) says, "As for the issue of the forms, I told you in the previous lesson that I do not like to explain them and strain to explain them, because their benefit is little from one aspect, and because they might erase all that you understood from the lesson. The benefit in them is little. And if a person knows that we have three things: specific wealth, wealth in debt, and benefit, and that sale is the exchange between these things, if he knows that, he knows that the forms must be nine forms, from multiplying three by three. All right."
The questioner : Yes.
The Shaykh : That is one point. Second, did you understand that it is permissible by the Book, the Sunnah, scholarly consensus, and reasoning?
The questioner : Yes.
The Shaykh : All right. Third, did you understand that it has multiple forms?
The questioner : Yes.
The Shaykh : What is left? What is left? Yes? What is left?
The questioner : The loan, O Shaykh, how is it? It is not...
The Shaykh : This definition: you can say we know the definition. It is the exchange of wealth, whether in possession or in debt, or of a permissible benefit, such as passing through a house, for the like of one of them, permanently, excluding riba and loans. We have known the definition, clear? Good.
Did you understand from the phrase "permanently" that it excludes ijara (lease)?
The questioner : Yes.
The Shaykh : Because it is not permanent; it is deferred for a specific term. Did you understand that "excluding riba" means that riba is not a sale, even if its form is the form of a sale?
The questioner : Yes.
The Shaykh : Because Allah made it a counterpart to sale, and the counterpart of a thing is not the thing itself. All right, did you understand that a loan is not a sale?
The questioner : Yes.
Another questioner: This, O Shaykh, I did not understand?
The Shaykh : There is no god but Allah. A loan is not a sale; it is not a sale.
The questioner : But how?
The Shaykh : All right, I lent you a dirham and you gave me a dirham after a month as repayment. What is this loan? This is the reality of a loan. You come to a person and say, "Lend me a riyal..." and you repay him after a month. This is a loan. If this were a sale, it would not be valid. Why? Because it is not permissible to sell a dirham for a dirham with a delay in the loan. And if the loan were not excluded from the definition of sale, no loan would ever be valid. Clear? Unless the loan is in non-riba items. If it is in non-riba items, there is no harm; meaning, if we said the loan is a sale, no loan would ever be valid in riba items because it necessitates a delay in the exchange of possession from both parties. Clear? All right, if it is asked, "What excluded it from being a sale?" we say, "Because its purpose is to be kind, and it never intended exchange. Its purpose is to do good to his brother who came asking for a loan, or to know his situation and lend to him." Is there a problem now? Is there a problem, O Kama?
The questioner : No, this... the last one.
The Shaykh : Is there a problem or not? Praise be to Allah. All right. Yes?
The questioner : ... .
The Shaykh : Yes, it can be a loan.
The questioner : ... .
The Shaykh : A loan, yes, yes. The Messenger (peace and blessings be upon him) borrowed a she-camel and returned one better than it. All right.
The author (may Allah have mercy on him) says, "As for the issue of the forms, I told you in the previous lesson that I do not like to explain them and strain to explain them, because their benefit is little from one aspect, and because they might erase all that you understood from the lesson. The benefit in them is little. And if a person knows that we have three things: specific wealth, wealth in debt, and benefit, and that sale is the exchange between these things, if he knows that, he knows that the forms must be nine forms, from multiplying three by three. All right."