Discussion of the author's statement: "And that the item be permissible in benefit without need"
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful
We have previously established that one of the conditions for the validity of a sale is that the item be of permissible benefit without need in every case, or is it not? That the item be of permissible benefit without need in every case. This is derived from the author's statement "And that the item be permissible in benefit without need", because his saying "permissible in benefit" means in every case. Now, if one sells insects that are of no benefit, why is that?
The questioner : Because... .
The Shaykh : Now, if there is no benefit to be derived from them?
The questioner : It is not permissible.
The Shaykh : Why?
The questioner : Because... .
The Shaykh : What is the evidence for this conditionality? For this condition? Is it not in the authentic hadith that the Messenger Yes? Like that? Now, we said insects of no benefit; is it possible for insects to have benefit?
The questioner : Yes.
The Shaykh : And what is their benefit? That mosquitoes are dissected?
The questioner : ... .
The Shaykh : Now, in any case, if it is possible, meaning the sale is valid. One of its clear examples is leeches for bloodsucking, because there are known types of leeches sold for bloodsucking. Pay attention, they are like cupping, in the position of cupping. They said, and among that are worms for fishing; these are of benefit. Is any of you a fishmonger?
The questioner : Yes.
The Shaykh : Who is it? Known? Yes, now.
The questioner : Fish are caught with them.
The Shaykh : Fish are caught with them. In themselves, they have no benefit, but they are thrown into the sea, and the fish come to eat them and are caught. Now. The sale of the skin of a dead animal, if it becomes pure through tanning, is its sale permissible? Is the sale of the skin of a dead animal permissible if it becomes lawful after tanning? Is its sale permissible? Abd al-Rahman?
The questioner : ... .
The Shaykh : The skin of a dead animal, if it is tanned, it is permissible to benefit from it. So, is its sale permissible? Yes?
The questioner : It is not valid.
The Shaykh : No? Why?
The questioner : Because it is an impure item...
The Shaykh : No, it is benefited from in dry matters. Yasser?
The questioner : ... .
The Shaykh : Why, when it is benefited from in dry matters?
The questioner : Its item...
The Shaykh : Okay, yes?
The questioner : ... .
The Shaykh : Why? Apply it to the rule?
The questioner : ... .
The Shaykh : No, it is not for need, because its benefit is not permissible absolutely. It is permissible to benefit from it in dry matters without need, but because the benefit from it is restricted to one state and not another, they said that it is not valid. However, the stronger view is that if it becomes pure through tanning, its sale is valid. Now.
The questioner : ... .
The Shaykh : No, no, Aqil?
The questioner : ... .
The Shaykh : According to the view, what is transferred is valid.
The questioner : And it... what is it?
The Shaykh : No, because if we say it is pure, it becomes permissible absolutely, even if you put milk in it and drink it, there is no harm. Yes, now.
We have previously established that one of the conditions for the validity of a sale is that the item be of permissible benefit without need in every case, or is it not? That the item be of permissible benefit without need in every case. This is derived from the author's statement "And that the item be permissible in benefit without need", because his saying "permissible in benefit" means in every case. Now, if one sells insects that are of no benefit, why is that?
The questioner : Because... .
The Shaykh : Now, if there is no benefit to be derived from them?
The questioner : It is not permissible.
The Shaykh : Why?
The questioner : Because... .
The Shaykh : What is the evidence for this conditionality? For this condition? Is it not in the authentic hadith that the Messenger
He forbade the wasting of wealth
نهى عن إضاعة المالThe questioner : Yes.
The Shaykh : And what is their benefit? That mosquitoes are dissected?
The questioner : ... .
The Shaykh : Now, in any case, if it is possible, meaning the sale is valid. One of its clear examples is leeches for bloodsucking, because there are known types of leeches sold for bloodsucking. Pay attention, they are like cupping, in the position of cupping. They said, and among that are worms for fishing; these are of benefit. Is any of you a fishmonger?
The questioner : Yes.
The Shaykh : Who is it? Known? Yes, now.
The questioner : Fish are caught with them.
The Shaykh : Fish are caught with them. In themselves, they have no benefit, but they are thrown into the sea, and the fish come to eat them and are caught. Now. The sale of the skin of a dead animal, if it becomes pure through tanning, is its sale permissible? Is the sale of the skin of a dead animal permissible if it becomes lawful after tanning? Is its sale permissible? Abd al-Rahman?
The questioner : ... .
The Shaykh : The skin of a dead animal, if it is tanned, it is permissible to benefit from it. So, is its sale permissible? Yes?
The questioner : It is not valid.
The Shaykh : No? Why?
The questioner : Because it is an impure item...
The Shaykh : No, it is benefited from in dry matters. Yasser?
The questioner : ... .
The Shaykh : Why, when it is benefited from in dry matters?
The questioner : Its item...
The Shaykh : Okay, yes?
The questioner : ... .
The Shaykh : Why? Apply it to the rule?
The questioner : ... .
The Shaykh : No, it is not for need, because its benefit is not permissible absolutely. It is permissible to benefit from it in dry matters without need, but because the benefit from it is restricted to one state and not another, they said that it is not valid. However, the stronger view is that if it becomes pure through tanning, its sale is valid. Now.
The questioner : ... .
The Shaykh : No, no, Aqil?
The questioner : ... .
The Shaykh : According to the view, what is transferred is valid.
The questioner : And it... what is it?
The Shaykh : No, because if we say it is pure, it becomes permissible absolutely, even if you put milk in it and drink it, there is no harm. Yes, now.