The discussion regarding the definition of sale and its ruling.
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The Shaykh : The linguistic meaning and the technical meaning: which is broader?
The questioner : The linguistic meaning.
The Shaykh : The linguistic meaning, very well. Is this established in all definitions, or is the technical meaning broader in some cases?
The questioner : In some cases ... .
The Shaykh : For example? Like faith (iman); in language it is affirmation, but in the technical sense or in the Shari'ah it is broader than that because it includes affirmation, speech, and action. Very well, so what is sale in language?
The questioner : ... .
The Shaykh : And in the Shari'ah?
The questioner : ... .
The Shaykh : Very well, what excluded riba from sale in the Shari'ah? Kamil?
The questioner : ... .
The Shaykh : Riba from sale in the Shari'ah?
The questioner : That it...
The Shaykh : Even though it is an exchange of wealth for wealth in perpetuity? Did you attend?
The questioner : I attended.
The Shaykh : Yes?
The questioner : ... The counterpart of sale. Allah the Exalted said:[Al-Baqarah 2:275] And the counterpart of a thing is not part of it.
The Shaykh : Well done. The counterpart of a thing is not part of it, and the strange thing is that Kamil used to respond to me in ... that night, saying, "The counterpart of a thing is not part of it." Yes, very well, brother Samih, they mentioned that this definition covers nine forms. What is the basis for that? This definition covers nine forms, so what is the basis for that?
The questioner : The exchange is for a specific item, wealth in the debt, or a permissible benefit ... three times three makes the forms nine.
The Shaykh : Very well, either a specific item, a debt, or a benefit, exchanged for one of their like, makes nine. The basis for this is that we say: a specific item for a debt, a specific item for a specific item, a specific item for a benefit. Look, the base is the specific item. A branch, for example, let the base be the specific item. The branch is a specific item, what? A debt, a benefit. Let the base be the debt. The branch is a specific item, a debt, a benefit. Let the base be the benefit. The branch is a specific item, a debt, a benefit. So all of them are now nine forms. Very well. What excluded a loan from sale? Ibrahim?
The questioner : ... .
The Shaykh : Facilitation, is that it? If we made a loan part of sale, that would necessitate ...
The questioner : ... .
The Shaykh : Yes, it would necessitate invalidating the loan, meaning we would close the door on loans, is that it? Do you agree with this, everyone? We close the door on loans in what is subject to riba, because if we made it a sale, that would necessitate delaying possession in what requires possession. Yes. Sale has four types of evidence. Khalid?
The questioner : The Book, the Sunnah, scholarly consensus, and correct reasoning.
The Shaykh : The Book, the Sunnah, scholarly consensus, and correct reasoning. Very well, the explanation of correct reasoning, brothers who are far away, far in distance. What is the evidence from correct reasoning for the permissibility of sale?
The questioner : Correct reasoning is that the human being ...
The Shaykh : That need or dire necessity is a driver for that. What is the example?
The questioner : The human being is in need of ... so he has no way except ... .
The Shaykh : Or through sale. Need is a driver for that because the human being needs, he needs, for example, to transport, he needs food and he does not have food and he has dirhams. How does he get to the food? With what? Either by sale or by theft or usurpation. So dire necessity is a driver for its permissibility, and this is the correct reasoning. And from the Sunnah, Zuhayr?
The questioner : From the verbal and practical Sunnah.
The Shaykh : Yes.
The questioner : As for the verbal Sunnah, it is the saying of the Prophet (peace and blessings be upon him):Sunan Ibn Majah 2182Sahih (Darussalam) .
The Shaykh : Yes, and the practical?
The questioner : And the practical is that the Prophet (peace and blessings be upon him) bought a camel from Jabir (may Allah be pleased with him).
The Shaykh : Yes, like his purchase of Jabir's camel. Well done, may Allah reward you. Very well. Is a sale concluded by mutual exchange (mu'atah)?
The questioner : Yes, a sale is concluded by mutual exchange (mu'atah).
The Shaykh : How is it concluded? Yes, it is known. A sale is concluded by mutual exchange (mu'atah). How is it concluded by mutual exchange (mu'atah) without words?
The questioner : Without words?
The Shaykh : Yes.
The questioner : If custom is established for that, then any ... sale ... .
The Shaykh : Very well, mutual exchange (mu'atah), they mentioned that it has three forms.
The questioner : The linguistic meaning.
The Shaykh : The linguistic meaning, very well. Is this established in all definitions, or is the technical meaning broader in some cases?
The questioner : In some cases ... .
The Shaykh : For example? Like faith (iman); in language it is affirmation, but in the technical sense or in the Shari'ah it is broader than that because it includes affirmation, speech, and action. Very well, so what is sale in language?
The questioner : ... .
The Shaykh : And in the Shari'ah?
The questioner : ... .
The Shaykh : Very well, what excluded riba from sale in the Shari'ah? Kamil?
The questioner : ... .
The Shaykh : Riba from sale in the Shari'ah?
The questioner : That it...
The Shaykh : Even though it is an exchange of wealth for wealth in perpetuity? Did you attend?
The questioner : I attended.
The Shaykh : Yes?
The questioner : ... The counterpart of sale. Allah the Exalted said:
But Allah has permitted trade and has forbidden interest
وأحل الله البيع وحرم الرباThe Shaykh : Well done. The counterpart of a thing is not part of it, and the strange thing is that Kamil used to respond to me in ... that night, saying, "The counterpart of a thing is not part of it." Yes, very well, brother Samih, they mentioned that this definition covers nine forms. What is the basis for that? This definition covers nine forms, so what is the basis for that?
The questioner : The exchange is for a specific item, wealth in the debt, or a permissible benefit ... three times three makes the forms nine.
The Shaykh : Very well, either a specific item, a debt, or a benefit, exchanged for one of their like, makes nine. The basis for this is that we say: a specific item for a debt, a specific item for a specific item, a specific item for a benefit. Look, the base is the specific item. A branch, for example, let the base be the specific item. The branch is a specific item, what? A debt, a benefit. Let the base be the debt. The branch is a specific item, a debt, a benefit. Let the base be the benefit. The branch is a specific item, a debt, a benefit. So all of them are now nine forms. Very well. What excluded a loan from sale? Ibrahim?
The questioner : ... .
The Shaykh : Facilitation, is that it? If we made a loan part of sale, that would necessitate ...
The questioner : ... .
The Shaykh : Yes, it would necessitate invalidating the loan, meaning we would close the door on loans, is that it? Do you agree with this, everyone? We close the door on loans in what is subject to riba, because if we made it a sale, that would necessitate delaying possession in what requires possession. Yes. Sale has four types of evidence. Khalid?
The questioner : The Book, the Sunnah, scholarly consensus, and correct reasoning.
The Shaykh : The Book, the Sunnah, scholarly consensus, and correct reasoning. Very well, the explanation of correct reasoning, brothers who are far away, far in distance. What is the evidence from correct reasoning for the permissibility of sale?
The questioner : Correct reasoning is that the human being ...
The Shaykh : That need or dire necessity is a driver for that. What is the example?
The questioner : The human being is in need of ... so he has no way except ... .
The Shaykh : Or through sale. Need is a driver for that because the human being needs, he needs, for example, to transport, he needs food and he does not have food and he has dirhams. How does he get to the food? With what? Either by sale or by theft or usurpation. So dire necessity is a driver for its permissibility, and this is the correct reasoning. And from the Sunnah, Zuhayr?
The questioner : From the verbal and practical Sunnah.
The Shaykh : Yes.
The questioner : As for the verbal Sunnah, it is the saying of the Prophet (peace and blessings be upon him):
The two parties to a transaction have the choice (of annulling it) so long as they have not yet parted.
البيعان بالخيار ما لم يتفرّقاThe Shaykh : Yes, and the practical?
The questioner : And the practical is that the Prophet (peace and blessings be upon him) bought a camel from Jabir (may Allah be pleased with him).
The Shaykh : Yes, like his purchase of Jabir's camel. Well done, may Allah reward you. Very well. Is a sale concluded by mutual exchange (mu'atah)?
The questioner : Yes, a sale is concluded by mutual exchange (mu'atah).
The Shaykh : How is it concluded? Yes, it is known. A sale is concluded by mutual exchange (mu'atah). How is it concluded by mutual exchange (mu'atah) without words?
The questioner : Without words?
The Shaykh : Yes.
The questioner : If custom is established for that, then any ... sale ... .
The Shaykh : Very well, mutual exchange (mu'atah), they mentioned that it has three forms.