The discussion regarding prohibited sales.
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions, and upon those who follow them with excellence until the Day of Judgment. What is a sale by sample, and is it valid, Ahmad?
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : That one brings something from the item being sold and says, "I am selling you some of this," for example. Fine.
The questioner : The school of thought is that it is not valid.
The Shaykh : The school of thought is that it is not valid, but the correct view is that it is valid, just as if one sees the top of the pile, that suffices for the rest; this is like that. Now, it is a condition that the item being sold be known, and likewise the price, as will come later. So what is the evidence for this condition? You? Yes, you? Al-Shahri? Yes, what?
The questioner : ... he prohibited the sale of ... .
The Shaykh : That the Prophet (peace and blessings be upon him) prohibited the sale of gharar and ignorance. Ignorance of the item being sold?
The questioner : He.
The Shaykh : Gharar, or is it clear?
The questioner : Gharar.
The Shaykh : Gharar, okay. He sold wool on the back of a camel?
The questioner : ... .
The Shaykh : Why?
The questioner : The hadith of Ibn Abbas ... .
The Shaykh : Based on the hadith of Ibn Abbas (may Allah be pleased with him and his father) that the Messenger of Allah (peace and blessings be upon him and his family) prohibited the sale of wool on the back of a camel, and the reasoning as well? Because there is evidence and reasoning.
The questioner : ... .
The Shaykh : Well done. That it is part of the animal, that it is attached to the animal, so it is like one of its parts. Is there a disagreement? Tahir?
The questioner : ... it is permissible to sell it.
The Shaykh : It is permissible to sell wool on the back of a camel.
The questioner : ... .
The Shaykh : Now, if someone were to ask, what is the evidence for the permissibility?
The questioner : ... .
The Shaykh : The evidence is the absence of evidence. Now, the brother? Yes, does the absence of evidence count as evidence?
The questioner : ... .
The Shaykh : No, be patient. I am asking you: is the absence of evidence called evidence?
The questioner : ... .
The Shaykh : How is it absent? Is the evidence its absence, or is it the absence of evidence? How? Fahd?
The questioner : ... .
The Shaykh : Well done. Yes, meaning the absence of evidence for the prohibition. The evidence is the absence of evidence for the prohibition. Now, according to this view, it means he says it is known and can be seen, so it is like crops, for example, which are sold and then harvested, and there is no difference.
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : That one brings something from the item being sold and says, "I am selling you some of this," for example. Fine.
The questioner : The school of thought is that it is not valid.
The Shaykh : The school of thought is that it is not valid, but the correct view is that it is valid, just as if one sees the top of the pile, that suffices for the rest; this is like that. Now, it is a condition that the item being sold be known, and likewise the price, as will come later. So what is the evidence for this condition? You? Yes, you? Al-Shahri? Yes, what?
The questioner : ... he prohibited the sale of ... .
The Shaykh : That the Prophet (peace and blessings be upon him) prohibited the sale of gharar and ignorance. Ignorance of the item being sold?
The questioner : He.
The Shaykh : Gharar, or is it clear?
The questioner : Gharar.
The Shaykh : Gharar, okay. He sold wool on the back of a camel?
The questioner : ... .
The Shaykh : Why?
The questioner : The hadith of Ibn Abbas ... .
The Shaykh : Based on the hadith of Ibn Abbas (may Allah be pleased with him and his father) that the Messenger of Allah (peace and blessings be upon him and his family) prohibited the sale of wool on the back of a camel, and the reasoning as well? Because there is evidence and reasoning.
The questioner : ... .
The Shaykh : Well done. That it is part of the animal, that it is attached to the animal, so it is like one of its parts. Is there a disagreement? Tahir?
The questioner : ... it is permissible to sell it.
The Shaykh : It is permissible to sell wool on the back of a camel.
The questioner : ... .
The Shaykh : Now, if someone were to ask, what is the evidence for the permissibility?
The questioner : ... .
The Shaykh : The evidence is the absence of evidence. Now, the brother? Yes, does the absence of evidence count as evidence?
The questioner : ... .
The Shaykh : No, be patient. I am asking you: is the absence of evidence called evidence?
The questioner : ... .
The Shaykh : How is it absent? Is the evidence its absence, or is it the absence of evidence? How? Fahd?
The questioner : ... .
The Shaykh : Well done. Yes, meaning the absence of evidence for the prohibition. The evidence is the absence of evidence for the prohibition. Now, according to this view, it means he says it is known and can be seen, so it is like crops, for example, which are sold and then harvested, and there is no difference.