The discussion regarding what constitutes a valid sale and the conditions of sale.
Machine translationRead the Arabic original
The Shaykh : Does a sale become valid through mutual exchange (mu'atah)?
The questioner : Yes, a sale becomes valid through mutual exchange (mu'atah).
The Shaykh : How does it become valid?
The questioner : ... .
The Shaykh : Yes, it is known. How does a sale become valid through mutual exchange (mu'atah) without verbal expression?
The questioner : Without verbal expression?
The Shaykh : Yes.
The questioner : If custom (urf) has established this, then any custom that indicates mutual exchange (mu'atah) during a sale, then it is ... .
The Shaykh : Okay, they mentioned that mutual exchange (mu'atah) has three forms?
The questioner : ... ؟
The Shaykh : From both sides.
The questioner : Or from the seller.
The Shaykh : Or from the seller or from the buyer, okay. From both sides?
The questioner : ... It becomes clear with an example.
The Shaykh : Yes?
The questioner : It becomes clear with an example.
The Shaykh : With an example.
The questioner : For example, Tamees bread.
The Shaykh : Tamees bread? Meaning the price is written, so he puts the riyal in the coin tray and takes the bread, okay, correct. This is mutual exchange (mu'atah) from both sides. From the seller's side?
The questioner : From the seller's side, he says the seller ... so he said, give me for ten.
The Shaykh : He says, give me this book for ten riyals, so he takes the book and gives it to him, good, and gives him the ten, correct ... or the student's voice? Is it amplified? Okay, this is the highest point, yes.
Why were conditions set for sales, and likewise for acts of worship, and likewise for the rest of transactions?
The questioner : Because they are conditions ... and so that people are on clear evidence, because if matters were without reins, there would be ... controls, conditions, and obligations ... with people.
The Shaykh : And this falls under the name of Allah, the Wise, the Precise in things, the Perfect in them. This is a requirement of His name, the Wise, that everything He legislated or permitted for His servants is all regulated by conditions. The first condition of sale is mutual consent (tarad). What is the evidence for it, Salim? The evidence that consent is necessary in a sale?
The questioner : Its evidence is ... that the Messenger of Allah (peace and blessings be upon him) ... Jabir and he conditioned him in the last ... .
The Shaykh : Okay, correct. The hadith contains evidence, but it did not come with what indicates that the Messenger was haggling with him in buying a camel, saying "sell it to me, sell it to me" until he was pleased. But we also need from the Qur'an something more explicit than this? Hamid?
The questioner :[An-Nisa 4:29] .
The Shaykh :[An-Nisa 4:29] Well done. Can we force a person to sell and the sale is valid? Yes?
The questioner : If it is with right.
The Shaykh : If the coercion is with right, what is an example?
The questioner : An example is that a man has a debt and he has money but does not want to pay it, so the ruler forces him to sell his money and repay the debt.
The Shaykh : It is not valid.
The questioner : ... .
The Shaykh : A person pledged something of his property for a debt, and the debt became due and he did not pay, so the ruler obliges him to sell the pledge and pay, correct. This is with right. We also mentioned an issue in division, but it is not necessary that we cover all the examples.
The second condition? Come on, Ali? The second condition?
The questioner : Permissibility of disposal.
The Shaykh : Permissibility, and what does permissibility of disposal mean? That the contracting party is what?
The questioner : ... .
The Shaykh : Yes, that the contracting party is permitted to dispose, so who is permitted to dispose?
The questioner : The adult, sane, free person.
The Shaykh : The adult, sane, free person, is there one more?
The questioner : The prudent (rashid).
The Shaykh : The prudent (rashid), perfect. The third condition? Yes? Abdullah Khuzraji? Muhammad?
The questioner : The item must be permissible ... for need.
The Shaykh : Okay, is it permissible to sell insects, Abdullah?
The questioner : Insects?
The Shaykh : Yes.
The questioner : ... .
The Shaykh : No, ... they are not insects, no, locusts, we do not agree with you that they are insects.
The questioner : It is not permissible to sell them.
The Shaykh : Why is it not permissible?
The questioner : Because there is no benefit in them.
The Shaykh : Because there is no benefit in them. The evidence that what has no benefit is not permissible to sell is that the Prophet (peace and blessings be upon him) Clear? Okay, if it is permissible for benefit but not permitted except for need? Muhammad?
The questioner : Yes? Repeat the question?
The Shaykh : If it is permissible for benefit for need only, not absolute permissibility, is the sale contract valid for it?
The questioner : ... The contract is valid for it when there is need.
The Shaykh : The contract is valid for it when there is need, so the author's statement that it must be permissible for benefit without need is not correct?
The questioner : Okay, this changes.
The Shaykh : Yes?
The questioner : ... It is not valid.
The Shaykh : Did you review it?
The questioner : Yes, I reviewed it.
The Shaykh : Okay, what is an example? An example of what is permitted for need only?
The questioner : It is permitted for need only, this is like a dog.
The Shaykh : What kind of dog? The dog is not permitted for benefit except for need. What is the need?
The questioner : The need is a dog that is sold for hunting, livestock, or crops.
The Shaykh : Correct, perfect. Therefore, the sale of a dog is not valid on the correct view, even if it is trained, although it has permissible benefit, because the Prophet (peace and blessings be upon him)Sunan Abi Dawud 3483Sahih (Al-Albani) , okay, a man sold drums? Yes?
The questioner : It is not permissible.
The Shaykh : Why?
The questioner : Because it is not permissible.
The Shaykh : Why is it not permissible? It has benefit, it has entertainment, because this benefit is forbidden, correct? Okay, and we say permissible for benefit, then we take the new lesson now.
The questioner : ... .
The Shaykh : Done? How? Yes? Is there one left? Yes, Sa'id?
The questioner : Yes, a sale becomes valid through mutual exchange (mu'atah).
The Shaykh : How does it become valid?
The questioner : ... .
The Shaykh : Yes, it is known. How does a sale become valid through mutual exchange (mu'atah) without verbal expression?
The questioner : Without verbal expression?
The Shaykh : Yes.
The questioner : If custom (urf) has established this, then any custom that indicates mutual exchange (mu'atah) during a sale, then it is ... .
The Shaykh : Okay, they mentioned that mutual exchange (mu'atah) has three forms?
The questioner : ... ؟
The Shaykh : From both sides.
The questioner : Or from the seller.
The Shaykh : Or from the seller or from the buyer, okay. From both sides?
The questioner : ... It becomes clear with an example.
The Shaykh : Yes?
The questioner : It becomes clear with an example.
The Shaykh : With an example.
The questioner : For example, Tamees bread.
The Shaykh : Tamees bread? Meaning the price is written, so he puts the riyal in the coin tray and takes the bread, okay, correct. This is mutual exchange (mu'atah) from both sides. From the seller's side?
The questioner : From the seller's side, he says the seller ... so he said, give me for ten.
The Shaykh : He says, give me this book for ten riyals, so he takes the book and gives it to him, good, and gives him the ten, correct ... or the student's voice? Is it amplified? Okay, this is the highest point, yes.
Why were conditions set for sales, and likewise for acts of worship, and likewise for the rest of transactions?
The questioner : Because they are conditions ... and so that people are on clear evidence, because if matters were without reins, there would be ... controls, conditions, and obligations ... with people.
The Shaykh : And this falls under the name of Allah, the Wise, the Precise in things, the Perfect in them. This is a requirement of His name, the Wise, that everything He legislated or permitted for His servants is all regulated by conditions. The first condition of sale is mutual consent (tarad). What is the evidence for it, Salim? The evidence that consent is necessary in a sale?
The questioner : Its evidence is ... that the Messenger of Allah (peace and blessings be upon him) ... Jabir and he conditioned him in the last ... .
The Shaykh : Okay, correct. The hadith contains evidence, but it did not come with what indicates that the Messenger was haggling with him in buying a camel, saying "sell it to me, sell it to me" until he was pleased. But we also need from the Qur'an something more explicit than this? Hamid?
The questioner :
O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent
يا أيها الذين ءلمنوا لا تأكلوا أموالكم بينكم بالباطل إلا أن تكون تجارة عن تراض منكمThe Shaykh :
O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent
يا أيها الذين ءامنوا لا تأكلوا أموالكم بينكم بالباطل إلا أن تكون تجارة عن تراض منكمThe questioner : If it is with right.
The Shaykh : If the coercion is with right, what is an example?
The questioner : An example is that a man has a debt and he has money but does not want to pay it, so the ruler forces him to sell his money and repay the debt.
The Shaykh : It is not valid.
The questioner : ... .
The Shaykh : A person pledged something of his property for a debt, and the debt became due and he did not pay, so the ruler obliges him to sell the pledge and pay, correct. This is with right. We also mentioned an issue in division, but it is not necessary that we cover all the examples.
The second condition? Come on, Ali? The second condition?
The questioner : Permissibility of disposal.
The Shaykh : Permissibility, and what does permissibility of disposal mean? That the contracting party is what?
The questioner : ... .
The Shaykh : Yes, that the contracting party is permitted to dispose, so who is permitted to dispose?
The questioner : The adult, sane, free person.
The Shaykh : The adult, sane, free person, is there one more?
The questioner : The prudent (rashid).
The Shaykh : The prudent (rashid), perfect. The third condition? Yes? Abdullah Khuzraji? Muhammad?
The questioner : The item must be permissible ... for need.
The Shaykh : Okay, is it permissible to sell insects, Abdullah?
The questioner : Insects?
The Shaykh : Yes.
The questioner : ... .
The Shaykh : No, ... they are not insects, no, locusts, we do not agree with you that they are insects.
The questioner : It is not permissible to sell them.
The Shaykh : Why is it not permissible?
The questioner : Because there is no benefit in them.
The Shaykh : Because there is no benefit in them. The evidence that what has no benefit is not permissible to sell is that the Prophet (peace and blessings be upon him)
He forbade the wasting of wealth
نهى عن إضاعة المالThe questioner : Yes? Repeat the question?
The Shaykh : If it is permissible for benefit for need only, not absolute permissibility, is the sale contract valid for it?
The questioner : ... The contract is valid for it when there is need.
The Shaykh : The contract is valid for it when there is need, so the author's statement that it must be permissible for benefit without need is not correct?
The questioner : Okay, this changes.
The Shaykh : Yes?
The questioner : ... It is not valid.
The Shaykh : Did you review it?
The questioner : Yes, I reviewed it.
The Shaykh : Okay, what is an example? An example of what is permitted for need only?
The questioner : It is permitted for need only, this is like a dog.
The Shaykh : What kind of dog? The dog is not permitted for benefit except for need. What is the need?
The questioner : The need is a dog that is sold for hunting, livestock, or crops.
The Shaykh : Correct, perfect. Therefore, the sale of a dog is not valid on the correct view, even if it is trained, although it has permissible benefit, because the Prophet (peace and blessings be upon him)
forbade the price paid for a dog
نهى عن ثمن الكلبThe questioner : It is not permissible.
The Shaykh : Why?
The questioner : Because it is not permissible.
The Shaykh : Why is it not permissible? It has benefit, it has entertainment, because this benefit is forbidden, correct? Okay, and we say permissible for benefit, then we take the new lesson now.
The questioner : ... .
The Shaykh : Done? How? Yes? Is there one left? Yes, Sa'id?