Explanation of the author's statement: "Among them is what is valid, such as a pledge and deferring the price."
Machine translationRead the Arabic original
The Shaykh : He (may Allah have mercy on him) says: "Among them is what is valid, such as a pledge and deferring the price", and that the slave is a scribe, or a eunuch, or a Muslim, and that the female slave is a virgin. His statement "Among them is what is valid" uses the preposition "min" (from) to indicate partiality, and this is contrasted with "among them is what is defective," the details of which will come, if Allah wills.
"Among them is what is valid", such as a pledge. If the seller conditions upon the buyer a pledge for the price, the condition is valid. I say: I sell you this car for one hundred thousand, due in one year, on the condition that you pledge your car to me. Is this permissible or not?
The questioner : It is permissible.
The Shaykh : It is permissible, because there is a benefit in this. There is no doubt that there is a benefit for whom?
The questioner : For the seller.
The Shaykh : For the seller, and also for the buyer. Because if the buyer does not commit to this condition, the seller will not sell to him, and in that case, he is deprived of what he wants from this commodity.
The second is to say: "and deferring the price", but it must be for a specified period. Deferring the price for a specified period, by saying: Yes, I bought this commodity from you for a deferred price. I do not have money now, so I bought it from you for one hundred thousand, due in one year. Is this permissible?
The questioner : It is permissible.
The Shaykh : It is permissible, because there is no harm. This is for the benefit of whom?
The questioner : ... .
The Shaykh : The buyer or the seller?
The questioner : The buyer's.
The Shaykh : I am not asking; I am deciding. The buyer or the seller? It is clear that deferring the price is for the benefit of the buyer, so that he can have some leeway. The seller might also find benefit in deferring the price to the buyer, fearing that someone might inform on him that he has money, and then taxes would be imposed on him by the government, or thieves might rob him. Is that clear, everyone? So, it is for the benefit of whom?
The questioner : ... .
The Shaykh : It is for the benefit of the seller and also for the benefit of the buyer. Yes, and it may not be for the benefit of the buyer. The buyer might prefer to pay the price and be done with it. All right, if he said: I sold you this car until Allah makes you wealthy?
The questioner : It is not specified.
The Shaykh : It is not permissible?
The questioner : It is not specified.
The Shaykh : Yes, it is not specified, and we say that it is permissible based on textual and theoretical evidence. Sometimes you are hasty, and we will clarify this after the adhan, if Allah wills. Allahu Akbar.
O Allah, Lord of this perfect call and the established prayer, grant Muhammad the intercession and the virtue, and raise him to the praiseworthy station which You have promised him.
We say that it is permissible to buy the commodity from him for a deferred price until he becomes wealthy, based on the hadith of Aisha (may Allah be pleased with her) that a man had a shipment of cloth arrive from Syria, so she said to the Prophet (peace and blessings be upon him): "So-and-so has had a shipment of cloth arrive from Syria, so if you would send to him to ask him to sell you two garments on credit until he becomes wealthy". So he sent to him, but he refused, perhaps because he wanted to clear out his stock and leave to bring in another shipment. There is no harm in refusing a sale if it does not suit him, just as he refused from whom?
The questioner : Jabir.
The Shaykh : Jabir ibn Abdullah, and there is no harm in this. The important thing is that the Messenger (peace and blessings be upon him) sent to him to buy two garments from him on credit until he became wealthy. Then we say that there is also another rational evidence, which is that it is obligatory to give respite to the one who is in financial difficulty until he becomes wealthy. This is the case even if the buyer did not condition that he would not be demanded payment until he became wealthy. Even if he did not condition that he would not be demanded payment until he became wealthy, this is the implication of the contract. As long as the seller knows that the buyer is in financial difficulty, he knows that he will not be able to demand payment from him until he becomes wealthy. So, this is in accordance with the implication of the contract. For this reason, the correct opinion in this issue—and pay attention to this so that you may have some excuse for your previous answer—the correct opinion is that it is permissible. As for the weaker opinion, it is that it is not permissible, and that is what you jumped to a moment ago when you said that this is forbidden because the time of becoming wealthy is unknown and not specified. We do not know; perhaps he might die before Allah makes him wealthy. And Allah knows best.
What?
The questioner : ... .
The Shaykh : And what is it?
"Among them is what is valid", such as a pledge. If the seller conditions upon the buyer a pledge for the price, the condition is valid. I say: I sell you this car for one hundred thousand, due in one year, on the condition that you pledge your car to me. Is this permissible or not?
The questioner : It is permissible.
The Shaykh : It is permissible, because there is a benefit in this. There is no doubt that there is a benefit for whom?
The questioner : For the seller.
The Shaykh : For the seller, and also for the buyer. Because if the buyer does not commit to this condition, the seller will not sell to him, and in that case, he is deprived of what he wants from this commodity.
The second is to say: "and deferring the price", but it must be for a specified period. Deferring the price for a specified period, by saying: Yes, I bought this commodity from you for a deferred price. I do not have money now, so I bought it from you for one hundred thousand, due in one year. Is this permissible?
The questioner : It is permissible.
The Shaykh : It is permissible, because there is no harm. This is for the benefit of whom?
The questioner : ... .
The Shaykh : The buyer or the seller?
The questioner : The buyer's.
The Shaykh : I am not asking; I am deciding. The buyer or the seller? It is clear that deferring the price is for the benefit of the buyer, so that he can have some leeway. The seller might also find benefit in deferring the price to the buyer, fearing that someone might inform on him that he has money, and then taxes would be imposed on him by the government, or thieves might rob him. Is that clear, everyone? So, it is for the benefit of whom?
The questioner : ... .
The Shaykh : It is for the benefit of the seller and also for the benefit of the buyer. Yes, and it may not be for the benefit of the buyer. The buyer might prefer to pay the price and be done with it. All right, if he said: I sold you this car until Allah makes you wealthy?
The questioner : It is not specified.
The Shaykh : It is not permissible?
The questioner : It is not specified.
The Shaykh : Yes, it is not specified, and we say that it is permissible based on textual and theoretical evidence. Sometimes you are hasty, and we will clarify this after the adhan, if Allah wills. Allahu Akbar.
O Allah, Lord of this perfect call and the established prayer, grant Muhammad the intercession and the virtue, and raise him to the praiseworthy station which You have promised him.
We say that it is permissible to buy the commodity from him for a deferred price until he becomes wealthy, based on the hadith of Aisha (may Allah be pleased with her) that a man had a shipment of cloth arrive from Syria, so she said to the Prophet (peace and blessings be upon him): "So-and-so has had a shipment of cloth arrive from Syria, so if you would send to him to ask him to sell you two garments on credit until he becomes wealthy". So he sent to him, but he refused, perhaps because he wanted to clear out his stock and leave to bring in another shipment. There is no harm in refusing a sale if it does not suit him, just as he refused from whom?
The questioner : Jabir.
The Shaykh : Jabir ibn Abdullah, and there is no harm in this. The important thing is that the Messenger (peace and blessings be upon him) sent to him to buy two garments from him on credit until he became wealthy. Then we say that there is also another rational evidence, which is that it is obligatory to give respite to the one who is in financial difficulty until he becomes wealthy. This is the case even if the buyer did not condition that he would not be demanded payment until he became wealthy. Even if he did not condition that he would not be demanded payment until he became wealthy, this is the implication of the contract. As long as the seller knows that the buyer is in financial difficulty, he knows that he will not be able to demand payment from him until he becomes wealthy. So, this is in accordance with the implication of the contract. For this reason, the correct opinion in this issue—and pay attention to this so that you may have some excuse for your previous answer—the correct opinion is that it is permissible. As for the weaker opinion, it is that it is not permissible, and that is what you jumped to a moment ago when you said that this is forbidden because the time of becoming wealthy is unknown and not specified. We do not know; perhaps he might die before Allah makes him wealthy. And Allah knows best.
What?
The questioner : ... .
The Shaykh : And what is it?