Explanation of the author's statement: "And the mushaf"
Machine translationRead the Arabic original
The Shaykh : All right, he says "and the mushaf", may Allah have mercy on the author in his phrasing or in the context of this formulation, meaning he attached the mushaf to insects. Yes, the style is not good, but may Allah forgive him. If he had made it a separate sentence on its own, that would have been better. But the author, may Allah have mercy on him, intends that the mushaf is not valid to sell. The reason for this is that it is obligatory for one who has no need of it to give it to the one who needs it. If this is the obligation, then it is said that one who does not have no need of it is not permitted to sell it because he needs it. And one who has no need of it must give it away without compensation, because one does not take compensation for what is obligatory. For this reason, Abdullah ibn Umar (may Allah be pleased with him and his father) said, "I wish that hands were cut off for selling it". Look at this limit; he made the one who takes its price like a thief whose hand is cut off. They also attributed this to another reasoning, saying that selling it is a degradation of it, because it is made like ordinary goods. You sell the mushaf, who buys the mushaf? It is a degradation of the words of Allah (Mighty and Majestic), so it is not permissible to sell it. So we have evidence for this in a report and in reasoning. The report is the report of Ibn Umar (may Allah be pleased with him and his father). As for the reasoning, it is said that if a person has no need of it, giving it away is obligatory, and it is not permissible to take compensation for what is obligatory. And if he is not without need of it, then selling it is forbidden for him because he needs it, so it is not valid.
Another reasoning, also theoretical, is that selling it is a degradation of it, and the mushaf must be respected and honored. Some scholars said that it is forbidden to sell it but the sale is valid. There is a consideration in this because it contradicts the principles, for the principle is that what is forbidden is not valid. Every forbidden contract is not valid. So the statement that it is forbidden but valid has a consideration. Either we say it is forbidden and not valid, or we say what the majority of scholars and the practice of the Muslims over long periods is, that it is permissible and valid to sell the mushaf. And this is the correct view: that it is permissible to sell the mushaf and it is valid. This is the practice of the Muslims, and it has continued to this day. If we forbade selling it, that would prevent benefiting from it, because most people are stingy to give it to others. If a person has some scrupulousness and gives it away, he gives it away with a wink. Do we say to everyone, if you have no need of the mushaf, you must give it to another? It is difficult for people, for many of them. So the correct view is that selling the mushaf is lawful and valid, and this is the original ruling. As for what was reported from Abdullah ibn Umar (may Allah be pleased with him and his father), perhaps it was at a time when people needed the mushafs, meaning that the mushafs were few and they needed them. If selling were permitted at that time, people would ask for high prices because of its scarcity. For this reason, he (may Allah be pleased with him) saw that it should not be sold. Yes?
Another reasoning, also theoretical, is that selling it is a degradation of it, and the mushaf must be respected and honored. Some scholars said that it is forbidden to sell it but the sale is valid. There is a consideration in this because it contradicts the principles, for the principle is that what is forbidden is not valid. Every forbidden contract is not valid. So the statement that it is forbidden but valid has a consideration. Either we say it is forbidden and not valid, or we say what the majority of scholars and the practice of the Muslims over long periods is, that it is permissible and valid to sell the mushaf. And this is the correct view: that it is permissible to sell the mushaf and it is valid. This is the practice of the Muslims, and it has continued to this day. If we forbade selling it, that would prevent benefiting from it, because most people are stingy to give it to others. If a person has some scrupulousness and gives it away, he gives it away with a wink. Do we say to everyone, if you have no need of the mushaf, you must give it to another? It is difficult for people, for many of them. So the correct view is that selling the mushaf is lawful and valid, and this is the original ruling. As for what was reported from Abdullah ibn Umar (may Allah be pleased with him and his father), perhaps it was at a time when people needed the mushafs, meaning that the mushafs were few and they needed them. If selling were permitted at that time, people would ask for high prices because of its scarcity. For this reason, he (may Allah be pleased with him) saw that it should not be sold. Yes?