Sharh as-Sunnah : Lesson 51: Point 87
Shaykh Fawzan | Dawud Burbank [Audio|English]
Imaam Barbahaaree rahimahullaah said:
And know that selling and buying is lawful if it is carried out in the markets of the Muslims in accordance with the rulings of the Book and the Sunnah as long as no deception, oppression or treachery is committed, nor anything contrary to the Qur’aan or contrary to what is known.
Transcribed Audio:
We hold as our belief that al-bayy` wash-shiraa· (buying and selling) is lawful.
He the, Most High, said:
وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا
Whereas Allaah has permitted trade and He has forbidden usury.
(Sooratul-Baqarah (2), aayah 275)
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ إِلَّا أَن تَكُونَ تِجَارَةً عَن تَرَاضٍ مِّنكُمْ
O you who believe, do not devour each other’s wealth unlawfully but only in lawful trade upon the basis of mutual consent between you. (Sooratun-Nisaa· (4), aayah 29)
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِيَ لِلصَّلَاةِ مِن يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَىٰ ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ ۚ ذَٰلِكُمْ خَيْرٌ لَّكُمْ إِن كُنتُمْ تَعْلَمُونَ
فَإِذَا قُضِيَتِ الصَّلَاةُ فَانتَشِرُوا فِي الْأَرْضِ وَابْتَغُوا مِن فَضْلِ اللَّهِ وَاذْكُرُوا اللَّهَ كَثِيرًا لَّعَلَّكُمْ تُفْلِحُونَ
O you who believe when the call to the prayer is given on the day of Jumu`ah then proceed to the remembrance of Allaah and leave off trade. That is better for you if indeed you knew. So when the prayer is completed then disperse upon the earth and seek from the Bounty of Allaah. And remember Allaah plentifully so that you may prosper.(Sooratul-Jumu`ah (62), aayah 9-10)
Meaning of seeking bounty is to seek provision.
And He said with regard to the mosques:
يُسَبِّحُ لَهُ فِيهَا بِالْغُدُوِّ وَالْآصَالِ
رِجَالٌ لَّا تُلْهِيهِمْ تِجَارَةٌ وَلَا بَيْعٌ عَن ذِكْرِ اللَّهِ
Wherein He (Allaah) is glorified in prayer in the mornings and the evenings by men who are not preoccupied by trade nor by sales away from the remembrance of Allaah… (Sooratun-Noor (24), aayah 36-37)
Laa tulheehim (they are not preoccupied, not diverted away). He did not say, “They do not buy and they do not engage in trade.” Rather, He said, “They are not diverted by their trading, away from the remembrance of Allaah.” Rather they attend the mosques and they pray along with the congregation, then they go off to their buying and their selling. And buying and selling is from the purest ways of earning if they are free from ghish (deception) and khadee`ah (trickery) and they are free from selling forbidden goods and from dealing in that which is forbidden and usury (ribaa). So if buying and selling is free of things which corrupt it, then it is from the purest means of earning.
His saying, “if the buying is done in the market places of the Muslims,” whatever is brought to the market places of the Muslims then do not ask about it because the origin is permissibility unless it is something about which it is known that it is something forbidden.
His saying, “in accordance with the ruling of the Book and the Sunnah,” such that the well-known conditions for trade are fulfilled. So if the seven well-known conditions for trade are fulfilled then the transaction is correct and what is sold is halaal (lawful). And the origin is that the market places of the Muslims are established upon that basis.[1]
His saying, “as long as no deception or oppression or treachery enters into it,” if deception enters into a transaction and an unknown factor and an element of chance then it will be forbidden (haraam) because it has become a case of gambling. Or a case of khidaa` (trickery, swindling) such that he shows something, which is not the actual reality. He shows an item in an appearance, which is not the true reality and this is called at-tadlees (giving a false impression to something) and it is manifesting an item on sale in a form which pleases the one who looks at it but when it is in it’s unapparent state something different to that.
His saying, “Adh-dhulm; as long as dhulm (oppression) does not enter into the sale,” such that the owner has been compelled and forced to sell it, that he was made to do the transaction for a business transaction can only be `an-taraadin (by mutual consent). He sallAllaahu `alayhi wa sallam said:
“A business transaction can only be by mutual consent.”[2]
Allaah, the Most High, said;
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ إِلَّا أَن تَكُونَ تِجَارَةً عَن تَرَاضٍ مِّنكُمْ
O you who believe, do not devour the wealth of each other unjustly except and unless it is a business transaction by mutual consent. (Sooratun-Nisaa· (4), aayah 29)
So for the correctness of the sale, there is a condition that there is pleasure and consent of the seller and that he freely chooses to do so and is not compelled to do it because compelling him is oppression; forcing him to sell something he doesn’t want to sell. Unless the forcing him to sell is due to a right that is due such that he is a person who has debts upon him and he refuses to pay them back, for in that case, the judge or the ruler can intervene and can sell from his property what would be sufficient to pay off his debts even if he is not pleased with that because this is compulsion due to a right. And therefore, they said, “The sale of a person who does so by compulsion is not correct unless it is on account of a right; illaa bi-haqq.”[3]
Footnotes:
[1] Translator’s side point: With regard to the seven well-known conditions for a business transaction to be correct,they are mentioned below very briefly:
- Ar-ridaa: mutual consent.
- Ar-rashad: the one engaged in that transaction is suitable to be involved in business transactions. So it’s not permissible for a child below the age of discernment or a foolish one who doesn’t have the mental capacity to be involved in a business transaction if their guardian does not give permission.
- The thing which is sold is some wealth, property from which permissible benefit can be taken.
- The item sold is owned by the one who is selling it or he has permission granted to him to sell it at the time of the contract by its owner or by the legislator.
- The ability to take and receive it.
Translator’s side-point: On the basis of a hadeeth; you can’t sell a runaway slave who has run away from his master, his master can’t sell him. Even if the person could go after him and chase and maybe catch him. That is not permissible. Rather, he has to have the ability to take receipt of the item being sold. - The price is something known and what is being paid for likewise is known.
- It is a deal, which is being concluded. It is not being made a condition for something else.
Reference: Al-Mubdi` of Ibn Muflih, Ar-Rawd al-Murabba` and Manaar us-Sabeel.
Translator’s side point: The side examples I gave here are from the notes to Manaar us-Sabeel.
[2] Reported by Ibn Maajah and Ibn Hibbaan from Aboo Sa`eed al-Khudriyy radiyAllaahu `anhu. And Al-Busayriyy said in Misbaah Az-Zujaajah, its chain of narration is saheeh, its narrators are reliable. And Shaykh Al-Albaaniyy said it is saheeh (authentic).
[3] Translator’s side point: Saalih as-Suhaymee hafizahullaah said: “The restriction of the author in his saying that “it is performed in the market places of the Muslims,” This is a point which requires examination because buying and selling is permissible even in other than the market places of the Muslims. Is it not permissible to buy and sell along with the Jews and Christians? Is it permissible or not? It is permissible that you can buy and sell and have mutual dealings and lease out and rent. This is a matter about which two people will not disagree and therefore the author rahimahullaah restricting it by his saying “in the market places of the Muslims,” I don’t see that there is a necessity for that here at this point. And rather, whoever wishes to buy and sell then let him buy and sell as he wishes in the lands of the Muslims, the lands of the Jews or the Christians, in the lands of the disbelievers, whatever. However, with the condition when that transaction does not aid them upon something false and futile or upon causing harm to the Muslims for e.g. selling weapons to a disbeliever who is at war with the Muslims, that would not be permissible.”
—
Ithaaful-Qaaree bit-Ta`leeqaat `alaa Sharhis-Sunnah
(A Gift To The Reader In Annotation Of Sharh As-Sunnah)
by Shaykh Saalih ibn Fowzaan al-Fowzaan hafizahullaah
Translated by Aboo Talhah Daawood Burbank, rahimahullaah
Transcribed by Saima Zaher.
Posted with kind permission from Dawud Burbank rahimahullaah
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Sharh-us-Sunnah – Shaykh Saalih Fawzaan – Dawood Burbank [Audio|En]
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