Explanation of the author's statement: "And that it be known by sight or description"
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The Shaykh : The author (may Allah have mercy on him) said: The sixth condition. This is the beginning of tonight's lesson.
The sixth condition is "that it be known by sight or description". Regarding these conditions that scholars mention, or the pillars, or the obligations, some claimants have asserted that they are a religious innovation and that it is not permissible to write books in this manner. It is said to them: If we worship Allah the Exalted by this classification, then it is a religious innovation. But if we intend by it to bring the sciences closer to those who seek them, then it is not a religious innovation. People have always been writing by chapters, sections, and books; none of this existed before. Do we say that it is a religious innovation? No, because this is a means to bring knowledge closer. Yes, if a condition is established without evidence, then it is rejected. But with evidence, there is no problem in that. And the Messenger of Allah (peace and blessings be upon him) sometimes mentions what indicates that, sometimes sayingMuwatta Malik 51:14 Sunan an-Nasa'i 2575Hasan (Darussalam), and the like.
The important point is that the sixth condition is that it be known by whom? By the seller and the buyer. It is not sufficient for one of them to know. The ignorance may be from both of them, or from the seller alone, or from the buyer alone. In all three cases, the sale is not valid. It must be known by both contracting parties. The evidence for this is the hadith of Abu Hurayrah (may Allah be pleased with him) that the Prophet (peace and blessings be upon him and his family) saidSunan Abi Dawud 3376Sahih (Al-Albani). And the unknown? Its sale is excessive uncertainty, without doubt. If it is asked why excessive uncertainty is prohibited, we say: because of the enmity, hatred, and dislike that results from it. For the one who is disadvantaged, what will he do? He will hate the one who took advantage of him. Therefore, the sale of excessive uncertainty is prohibited. All right.
The author (may Allah have mercy on him) said "that it be known by sight or description", meaning that the ways of knowing are either sight or description. But this is a deficiency in the ways of knowing.
The sixth condition is "that it be known by sight or description". Regarding these conditions that scholars mention, or the pillars, or the obligations, some claimants have asserted that they are a religious innovation and that it is not permissible to write books in this manner. It is said to them: If we worship Allah the Exalted by this classification, then it is a religious innovation. But if we intend by it to bring the sciences closer to those who seek them, then it is not a religious innovation. People have always been writing by chapters, sections, and books; none of this existed before. Do we say that it is a religious innovation? No, because this is a means to bring knowledge closer. Yes, if a condition is established without evidence, then it is rejected. But with evidence, there is no problem in that. And the Messenger of Allah (peace and blessings be upon him) sometimes mentions what indicates that, sometimes saying
There are seven whom Allah will shade in His shade
سبعة يظلهم الله في ظلهThere are three to whom Allah
ثلاثة لا يكلمهم اللهThe important point is that the sixth condition is that it be known by whom? By the seller and the buyer. It is not sufficient for one of them to know. The ignorance may be from both of them, or from the seller alone, or from the buyer alone. In all three cases, the sale is not valid. It must be known by both contracting parties. The evidence for this is the hadith of Abu Hurayrah (may Allah be pleased with him) that the Prophet (peace and blessings be upon him and his family) said
forbade the type of sale which involves risk (or uncertainty)
نهى عن بيع الغررThe author (may Allah have mercy on him) said "that it be known by sight or description", meaning that the ways of knowing are either sight or description. But this is a deficiency in the ways of knowing.