The discussion regarding the impediments to sale.
Machine translationRead the Arabic original
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, and upon his family and his Companions, and upon those who follow them with excellence until the Day of Judgment.
What is the reason for mentioning this chapter after mentioning the conditions?
The questioner : When the conditions were mentioned...
The Shaykh : By mentioning. Except.
The questioner : ... .
The Shaykh : By mentioning their conditions? Things are not completed except by mentioning their conditions. That is, if I say the conditions of prayer are nine, is the prayer valid?
The questioner : ... .
The Shaykh : Yes, by the presence of its conditions and the absence of its impediments. So this is the reason for the chapter following what came before it, because a thing is not completed except by the presence of its conditions and the absence of its impediments. All right. Two women bought and sold after the second call to Friday prayer. Khalid, the decorator. Two women bought and sold after the second call to Friday prayer. What is the ruling on their sale?
The questioner : Correct.
The Shaykh : Is it permissible? Why?
The questioner : ... .
The Shaykh : Correct?
The questioner : Correct.
The Shaykh : Yes, the sale is valid and permissible because they are not called by this call. All right. Two sick men bought and sold after the second call to Friday prayer?
The questioner : It is valid...
The Shaykh : Yes, they are unable to go.
The questioner : It is valid.
The Shaykh : The sale is valid. Why? Because Friday prayer is not obligatory upon them. All right. A man made the offer of a sale contract before the adhan, and the buyer accepted after the adhan?
The questioner : It is not valid.
The Shaykh : It is not valid? The sale took place before.
The questioner : The acceptance was after the adhan.
The Shaykh : And the sale is not completed in the contract except by offer and acceptance. All right. Why did the author specify the call to Friday prayer as the second one? Sharafi?
The questioner : Because it is the one that was in the time of the Messenger of Allah (peace and blessings be upon him)...
The Shaykh : Because it is the one intended by the verse and the one that existed in the time of the Messenger of Allah (peace and blessings be upon him and his family). All right. A man contracted a marriage with a woman after the second call to Friday prayer.
The questioner : According to the madhhab, it is valid...
The Shaykh : Yes, according to what the author held, it is valid, and that is the madhhab. But the correct opinion is that it is not valid, because the 'illah...
The questioner : ... .
The Shaykh : Well done. The 'illah is one: being occupied. And perhaps a person’s occupation with a marriage contract is greater than his occupation with a sale contract, is that not so?
The questioner : Yes.
The Shaykh : Yes, all right. A man sold a drink to another, Yasser?
The questioner : ... .
The Shaykh : And if we doubt?
The questioner : And if we doubt... the original ruling.
The Shaykh : What is the original ruling?
The questioner : ... .
The Shaykh : The permissibility of the sale. Did you hear, everyone? If it is more likely than not that he bought this drink to make it into khamr, then we do not sell. And the evidence for that is the saying of Allah the Exalted:[Al-Ma'idah 5:2] All right. He sold eggs to another, yes? Is the sale valid? He sold eggs to another, is it valid? Difficult. We said it is not valid, meaning all our breakfasts every day are not valid.
The questioner : I do not know.
The Shaykh : You don’t know, all right.
The questioner : There is a detailed ruling...
The Shaykh : There is a detailed ruling.
The questioner : Yes.
The Shaykh : What are they?
The questioner : If he sold the eggs on the condition that they are to be eaten, the sale is valid. But if he sold them on the condition that they are to be used for gambling, it is forbidden.
The Shaykh : All right, and if he sold them to those who will make them into chickens.
The questioner : Correct.
The Shaykh : So why? We say if he sold them to one who will make them for gambling, it is forbidden and not valid, otherwise it is valid. All right. What is the evidence for its prohibition if it is for one who will make it for gambling? ...?
The questioner : Because it is cooperation in sin and aggression, and the saying of Allah the Exalted:[Al-Ma'idah 5:2].
The Shaykh : Yes, due to the saying of Allah the Exalted:[Al-Ma'idah 5:2]. A slave was a Muslim in the possession of a disbeliever. Yes?
The questioner : ... .
The Shaykh : No, behind you?
The questioner : ... or sell him to a Muslim.
The Shaykh : Meaning it is obligatory to remove his ownership.
The questioner : Yes.
The Shaykh : By any of the means?
The questioner : Because it is not valid for the master to be a disbeliever and have a Muslim slave.
The Shaykh : All right, the evidence?
The questioner : The evidence is that it is not valid for the Muslim to be...
The Shaykh : No, this is a ruling, it is not evidence.
The questioner :[An-Nisa 4:141] .
The Shaykh :[An-Nisa 4:141] All right. This verse may be disputed because Allah said: [An-Nisa 4:141] meaning on that day. But here there is a strong reasoning, Khalid?
The questioner : There is the humiliation of the Muslim.
The Shaykh : Yes, because of what is in it of humiliation for the Muslim, and it may lead him to apostatize from Islam. All right.
What is the reason for mentioning this chapter after mentioning the conditions?
The questioner : When the conditions were mentioned...
The Shaykh : By mentioning. Except.
The questioner : ... .
The Shaykh : By mentioning their conditions? Things are not completed except by mentioning their conditions. That is, if I say the conditions of prayer are nine, is the prayer valid?
The questioner : ... .
The Shaykh : Yes, by the presence of its conditions and the absence of its impediments. So this is the reason for the chapter following what came before it, because a thing is not completed except by the presence of its conditions and the absence of its impediments. All right. Two women bought and sold after the second call to Friday prayer. Khalid, the decorator. Two women bought and sold after the second call to Friday prayer. What is the ruling on their sale?
The questioner : Correct.
The Shaykh : Is it permissible? Why?
The questioner : ... .
The Shaykh : Correct?
The questioner : Correct.
The Shaykh : Yes, the sale is valid and permissible because they are not called by this call. All right. Two sick men bought and sold after the second call to Friday prayer?
The questioner : It is valid...
The Shaykh : Yes, they are unable to go.
The questioner : It is valid.
The Shaykh : The sale is valid. Why? Because Friday prayer is not obligatory upon them. All right. A man made the offer of a sale contract before the adhan, and the buyer accepted after the adhan?
The questioner : It is not valid.
The Shaykh : It is not valid? The sale took place before.
The questioner : The acceptance was after the adhan.
The Shaykh : And the sale is not completed in the contract except by offer and acceptance. All right. Why did the author specify the call to Friday prayer as the second one? Sharafi?
The questioner : Because it is the one that was in the time of the Messenger of Allah (peace and blessings be upon him)...
The Shaykh : Because it is the one intended by the verse and the one that existed in the time of the Messenger of Allah (peace and blessings be upon him and his family). All right. A man contracted a marriage with a woman after the second call to Friday prayer.
The questioner : According to the madhhab, it is valid...
The Shaykh : Yes, according to what the author held, it is valid, and that is the madhhab. But the correct opinion is that it is not valid, because the 'illah...
The questioner : ... .
The Shaykh : Well done. The 'illah is one: being occupied. And perhaps a person’s occupation with a marriage contract is greater than his occupation with a sale contract, is that not so?
The questioner : Yes.
The Shaykh : Yes, all right. A man sold a drink to another, Yasser?
The questioner : ... .
The Shaykh : And if we doubt?
The questioner : And if we doubt... the original ruling.
The Shaykh : What is the original ruling?
The questioner : ... .
The Shaykh : The permissibility of the sale. Did you hear, everyone? If it is more likely than not that he bought this drink to make it into khamr, then we do not sell. And the evidence for that is the saying of Allah the Exalted:
but do not cooperate in sin and aggression
ولا تعاونوا على الإثم والعدوانThe questioner : I do not know.
The Shaykh : You don’t know, all right.
The questioner : There is a detailed ruling...
The Shaykh : There is a detailed ruling.
The questioner : Yes.
The Shaykh : What are they?
The questioner : If he sold the eggs on the condition that they are to be eaten, the sale is valid. But if he sold them on the condition that they are to be used for gambling, it is forbidden.
The Shaykh : All right, and if he sold them to those who will make them into chickens.
The questioner : Correct.
The Shaykh : So why? We say if he sold them to one who will make them for gambling, it is forbidden and not valid, otherwise it is valid. All right. What is the evidence for its prohibition if it is for one who will make it for gambling? ...?
The questioner : Because it is cooperation in sin and aggression, and the saying of Allah the Exalted:
but do not cooperate in sin and aggression
ولا تعاونوا على الإثم والعدوانThe Shaykh : Yes, due to the saying of Allah the Exalted:
but do not cooperate in sin and aggression
ولا تعاونوا على الإثم والعدوانThe questioner : ... .
The Shaykh : No, behind you?
The questioner : ... or sell him to a Muslim.
The Shaykh : Meaning it is obligatory to remove his ownership.
The questioner : Yes.
The Shaykh : By any of the means?
The questioner : Because it is not valid for the master to be a disbeliever and have a Muslim slave.
The Shaykh : All right, the evidence?
The questioner : The evidence is that it is not valid for the Muslim to be...
The Shaykh : No, this is a ruling, it is not evidence.
The questioner :
and never will Allah give the disbelievers over the believers a way [to overcome them].
ولن يجعل الله للكافرين على المؤمنين سبيلاThe Shaykh :
and never will Allah give the disbelievers over the believers a way [to overcome them].
ولن يجعل الله للكافرين على المؤمنين سبيلاAllah will judge between [all of] you on the Day of Resurrection, and never will Allah give the disbelievers over the believers a way [to overcome them].
فالله يحكم بينكم يوم القيامة ولن يجعل الله للكافرين على المؤمنين سبيلاThe questioner : There is the humiliation of the Muslim.
The Shaykh : Yes, because of what is in it of humiliation for the Muslim, and it may lead him to apostatize from Islam. All right.