Continuation of the discussion on prohibited sales.
Machine translationRead the Arabic original
The Shaykh : It is permissible to sell wool while it is on the animal's back.
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, brother? Yes, does the absence of evidence count as evidence?
The questioner : ... .
The Shaykh : No, hold on, 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 is that? Fahd?
The questioner : ... .
The Shaykh : Well done. Yes, meaning the absence of evidence for prohibition. The evidence is the absence of evidence for prohibition. Now, according to this view, it is said that it is known and visible, so it is like crops, for example, which are sold and then harvested, with no difference. How do we respond to the evidence of those who say it is forbidden? Khalid?
The questioner : ... the hadith is authentic, or it is interpreted as ... the compensation.
The Shaykh : Well done, and the reasoning?
The questioner : And regarding the reasoning, we say that it is not part of the animal because this ... is separated ... .
The Shaykh : Now, good. He has ten camels, Sharafi, he has ten camels whose value is the same, whose characteristics are the same, whose bodies are the same, whose colors are the same, whose ages are the same, and they are like twins. He sold one of them without specifying which one.
The questioner : According to the madhhab, it is not valid unless it is specified.
The Shaykh : Yes.
The questioner : And there is another view that if the characteristics are the same, it is permissible, and he has the option.
The Shaykh : If the characteristics and the value are the same, it is permissible. Now, we apply this to the hadithSunan Abi Dawud 3376Sahih (Al-Albani) Is there gharar (excessive uncertainty in a contract) if their values are equal and their characteristics and conditions are the same? Now, he has twenty cars, Abd al-Rahman al-Ra'is, all of the same model and the same color. He sold one of them and said, "I sold you one of these cars for twenty thousand." What do you say?
The questioner : It is not valid due to the presence of gharar (excessive uncertainty in a contract).
The Shaykh : Where is the gharar (excessive uncertainty in a contract)? They are all the same model, all the same name. Where is the gharar (excessive uncertainty in a contract)? Now.
Another questioner: The sale is valid because of the absence of ...
The Shaykh : No, it is not you.
The questioner : According to the madhhab, it is not valid; there is ambiguity.
The Shaykh : Now, because specification is necessary, and according to the correct view.
The questioner : That it is valid.
The Shaykh : That it is valid. For example, if there are ten cups in a carton, all the same cups, and I said, "I sold you one of these cups for ten riyals," is it valid? Abd al-Rahman?
The questioner : Yes, indeed.
The Shaykh : It is valid.
The questioner : ... .
The Shaykh : ... .
The questioner : ... .
The Shaykh : This is a defect; this is rejected.
The questioner : No, O Shaykh.
The Shaykh : No, no, they are all new stationery, there is nothing wrong. The important thing is that if there is no difference, the correct and accurate view is that specification is not a condition. The intended meaning is knowledge, and what is forbidden is selling with gharar (excessive uncertainty in a contract). Now. He sold him twenty slaves and excepted one of them. He excepted one but did not specify him; he did not say "so-and-so the slave."
The questioner : It is not valid according to the madhhab ... .
The Shaykh : And the second view? You said the madhhab requires that there be another view.
The questioner : ... .
The Shaykh : Was it not explained? Yes, he is being cautious for himself. The man was cautious for himself. Now. Yes?
The questioner : ... .
The Shaykh : No, we did not explain it.
The questioner : ... .
The Shaykh : That does not contradict [the ruling].
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, brother? Yes, does the absence of evidence count as evidence?
The questioner : ... .
The Shaykh : No, hold on, 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 is that? Fahd?
The questioner : ... .
The Shaykh : Well done. Yes, meaning the absence of evidence for prohibition. The evidence is the absence of evidence for prohibition. Now, according to this view, it is said that it is known and visible, so it is like crops, for example, which are sold and then harvested, with no difference. How do we respond to the evidence of those who say it is forbidden? Khalid?
The questioner : ... the hadith is authentic, or it is interpreted as ... the compensation.
The Shaykh : Well done, and the reasoning?
The questioner : And regarding the reasoning, we say that it is not part of the animal because this ... is separated ... .
The Shaykh : Now, good. He has ten camels, Sharafi, he has ten camels whose value is the same, whose characteristics are the same, whose bodies are the same, whose colors are the same, whose ages are the same, and they are like twins. He sold one of them without specifying which one.
The questioner : According to the madhhab, it is not valid unless it is specified.
The Shaykh : Yes.
The questioner : And there is another view that if the characteristics are the same, it is permissible, and he has the option.
The Shaykh : If the characteristics and the value are the same, it is permissible. Now, we apply this to the hadith
forbade the type of sale which involves risk (or uncertainty)
نهى عن بيع الغررThe questioner : It is not valid due to the presence of gharar (excessive uncertainty in a contract).
The Shaykh : Where is the gharar (excessive uncertainty in a contract)? They are all the same model, all the same name. Where is the gharar (excessive uncertainty in a contract)? Now.
Another questioner: The sale is valid because of the absence of ...
The Shaykh : No, it is not you.
The questioner : According to the madhhab, it is not valid; there is ambiguity.
The Shaykh : Now, because specification is necessary, and according to the correct view.
The questioner : That it is valid.
The Shaykh : That it is valid. For example, if there are ten cups in a carton, all the same cups, and I said, "I sold you one of these cups for ten riyals," is it valid? Abd al-Rahman?
The questioner : Yes, indeed.
The Shaykh : It is valid.
The questioner : ... .
The Shaykh : ... .
The questioner : ... .
The Shaykh : This is a defect; this is rejected.
The questioner : No, O Shaykh.
The Shaykh : No, no, they are all new stationery, there is nothing wrong. The important thing is that if there is no difference, the correct and accurate view is that specification is not a condition. The intended meaning is knowledge, and what is forbidden is selling with gharar (excessive uncertainty in a contract). Now. He sold him twenty slaves and excepted one of them. He excepted one but did not specify him; he did not say "so-and-so the slave."
The questioner : It is not valid according to the madhhab ... .
The Shaykh : And the second view? You said the madhhab requires that there be another view.
The questioner : ... .
The Shaykh : Was it not explained? Yes, he is being cautious for himself. The man was cautious for himself. Now. Yes?
The questioner : ... .
The Shaykh : No, we did not explain it.
The questioner : ... .
The Shaykh : That does not contradict [the ruling].