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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Explanation of the author's statement: "And that it must be possible to deliver it"

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The Shaykh : Then the author said "And that it must be possible to deliver it", meaning it is a condition that the item being sold must be possible to deliver, meaning one must be able to deliver it. The evidence for this condition is that the Prophet (peace and blessings be upon him)
forbade the type of sale which involves risk (or uncertainty) نهى عن بيع الغرر
Sunan Abi Dawud 3376Sahih (Al-Albani)
, which al-Muslim narrated from the hadith of Abu Hurayrah. And that which cannot be delivered is gharar (excessive uncertainty in a contract) without a doubt, for the buyer may pay the price and gain no benefit. We may also cite as evidence for this the saying of Allah the Exalted:
O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but defilement from the work of Satan يا أيها الذين ءامنوا إنما الخمر والميسر والأنصاب والأزلام رجس من عمل الشيطان
[Al-Ma'idah 5:90]
. And that which cannot be delivered, its sale is a form of maysir (gambling). The point is that the sale of that which cannot be delivered will be at less than its true price. Is that correct or not? The sale of that which cannot be delivered will be less than its true price because the buyer is taking a risk; he may get it or he may not. So if it is estimated that this item, which cannot be delivered, is worth one hundred if it were possible to deliver it, then if it is not possible to deliver it, for how much will it be sold? For fifty. So the buyer is either a gainer or a loser. If he gets it, he is a gainer, and if he misses out, he is a loser. And this is the rule of maysir (gambling).
So we can cite as evidence for the condition of this requirement a proof from the Qur'an and the Sunnah. From the Qur'an because it falls under maysir (gambling), and from the Sunnah because the Prophet (peace and blessings be upon him)
forbade the type of sale which involves risk (or uncertainty) نهى عن بيع الغرر
Sunan Abi Dawud 3376Sahih (Al-Albani)
. We also cite as evidence for it correct reasoning, which is that Muslims must be one heart, united and loving one another. And this sale necessitates what? Hatred and discord. That is because if the buyer gets it, there will be something in the seller's heart; he will envy him and be jealous of him. And if the buyer does not get it, there will be something in the buyer's heart; he will envy the seller and be jealous of him. And whatever leads to hatred and enmity, the Shari'ah (Islamic sacred law) prohibits it strictly, because the Islamic religion is built on affection, love, and loyalty among Muslims. So the evidence for the condition of this requirement is the Qur'an and the Sunnah.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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