Hajj
2044. * Hajj (pilgrimage) means visiting the House of Allah (Ka'bah), and performing all those worshipful acts which have been ordered to be performed there. It is obligatory on a person once in his lifetime, provided that he fulfils the following conditions:
(i) He should be baligh.
(ii) He should be sane and free, that is, he should not be insane and should not be a slave.
(iii) Because of proceeding to Makkah for Hajj, he should not be obliged to commit a haraam act, avoidance of which is more important than Hajj, nor should he be compelled to forsake an obligatory work which is more important than Hajj.
(iv) He should be capable of performing Hajj, and this depends upon number of factors:
(a) He should possess provisions and means for transportation, if need be, or he should have enough money to buy them.
(b) He should be healthy and strong enough to go to Makkah and perform Hajj, without suffering extreme difficulties.
(c) There should be no obstacle on the way. If the way is closed, or if a person fears that he will lose his life, or honour, while on his way to Makkah, or he will be robbed of his property, it is not obligatory on him to perform Hajj. But if he can reach Makkah by another route, he should go to perform Hajj, even if the other route is a longer one. But that route should not be unusually longer.
(d) He should have enough time to reach Makkah, and to perform all the acts of worship in Hajj.
(e) He should possess sufficient money to meet the expenses of his dependents whose maintenance is obligatory on him, like, his wife and children, as well as the expenses of those who have to be paid, like, servants, maids, etc.
(f) On return from Hajj, he should have some means of livelihood, like, income from the property, farming, business, employment etc. so that he may not lead a life of hardship.
2045. When a person is in need of owning a house, performance of Hajj will be obligatory on him if he also possesses money for the house.
2046. If a wife can go to Makkah but does not have any means of support on her return, and if her husband is also poor, and cannot provide her subsistence, subjecting her to hard life, Hajj will not be obligatory on her.
2047. If a person does not possess necessary provision for the journey, nor any means of transport, and another person asks him to go for Hajj undertaking to meet his expenses as well as of his family during his Hajj, and he (i.e. the person who is asked to go for Hajj) is satisfied with what the other man offers, Hajj becomes obligatory on him.
2048. * If a person is offered the expenses of his return journey to Makkah, as well as the expenses of his family during the period of Hajj, Hajj becomes obligatory on him, even if he is indebted, and does not possess means of support with which to lead his life after his return. But if the days of Hajj and the days of his work coincide, meaning that if he abandons his work and goes for Hajj, he will not be able to pay his debts in time, nor support himself for the rest of the year, Hajj will not be Wajib on him.
2049. * If a person is given expenses of going to and returning from Makkah, and the expenses of his family during that period, and is asked to go to Hajj without mentioning that the help given is his property, performance of Hajj becomes obligatory on him, if he is satisfied that it will not be taken back from him.
2050. If a person is given an amount to cover expenses just sufficient for Hajj, with a condition that on his way to Makkah he will serve the person who gave the expenses, Hajj does not become obligatory on him.
2051. If a person is given monetary help to enable him to perform obligatory Hajj, and he does perform Hajj, another Hajj will not become obligatory on him if he himself becomes wealthy.
2052. If a person goes, for example, to Jeddah in connection with trade, and
acquires sufficient money to go to Makkah, he should perform Hajj. And if he performs Hajj, performance of another Hajj will not be obligatory on him, if he later acquires enough wealth to enable to go to Makkah from his hometown.
2053. If a person is hired to perform Hajj on behalf of another person, but he cannot go for Hajj himself, and wishes to send someone else, he should seek permission from the person who hired him.
2054. * If a person could afford to perform Hajj but did not perform it, and then became poor, he should perform Hajj facing all odds. And if he is not at all able to go for Hajj, and if another person hires him for Hajj, he should go to Makkah and perform Hajj on behalf of the person who has hired him. He should then remain in Makkah for a year if possible, and perform his own Hajj. But, if it is possible that he is hired and given his wages in cash, and the person who hires him agrees that he may perform Hajj on his behalf next year, he should perform his own Hajj in the first year, and that on behalf of the person who has hired him, in the second year, if he feels that he might not be able to perform his own Hajj in the following year.
2055. * If a person goes to Makkah in the year in which he can afford to perform Hajj, but cannot reach Arafat and Mash'arul Haram at the prescribed time, and cannot afford to go for Hajj during the succeeding years, Hajj is not obligatory on him. But, if he could afford to go for Hajj in the earlier years, and did not go, he should perform Hajj in spite of all difficulties.
2056. * If a person did not perform Hajj in the year in which he could afford to go for Hajj, and cannot perform Hajj now owing to old age, or ailment, or weakness, and does not hope that in the future, he will be able to perform Hajj in person, he should send someone else to perform Hajj on his behalf. In fact, even if he does not lose hope, the obligatory precaution is that he should hire a person. And when he becomes capable afterwards, he should perform Hajj himself also. And the same applies if a person becoming capable of going to Hajj for the first time, is prevented to perform Hajj because of old age, ailment or weakness, and loses hope of gaining strength. In all these cases, however, he should, as a recommended precaution, hire a male person, and the one who is going to Hajj for the first time.
2057. * A person who has been hired by another person to perform Hajj should perform Tawafun Nisa also on his behalf, failing which his own wife (i.e. the wife of the hired person) becomes haraam for him.
2058. If a person does not perform Tawafun Nisa correctly, or forgets to perform it, and if he remembers it after a few days and returns to perform it, his action is in order. And if his returning is difficult for him, he can depute another person to perform the Tawaf on his behalf.
Transactions
Rules Regarding Purchase and Sale
2059. * It is recommended for a business man to learn the rules of daily transactions. In fact, if due to ignorance, he may necessary contradict the laws of Shariah, then it is obligatory upon him to learn. Imam Ja'far Sadiq (A.S) is reported to have said: " A person who wishes to engage in business, should learn its rules and laws, and if he makes any transaction without learning them, he may suffer because of entering into a void or doubtful transaction.
2060. * If a person is not aware, because of ignorance about the relevant laws, whether the transaction made by him is valid or void, he cannot have any discretion over the property which he has acquired, unless he knows that the other party has no objection to it. In any case, the transaction remains void.
2061. If a person does not possess any wealth, and it is obligatory on him to maintain his dependents, like, his wife and children, he should start earning. Moreover, to earn is recommended for Mustahab acts like providing better means of livehood to one's family, and helping the poor persons.
Mustahab Acts
* The following are Mustahab in connection with sale and purchase
(i) One should not discriminate between various buyers while charging for the commodities, except in the case of poor people.
(ii) One should not be adamant about the prices, unless one feels that one is being duped or cheated.
(iii) One should give a little more of the thing one sells, and should take a little less of the thing which one buys.
(iv) If the buyer regrets having ppurchased something, and wishes to return it, the seller should accept it back.
Makrooh Transactions
2062. * The following are Makrooh transactions;
(i) To sell the land, except when one wishes to purchase another land with its proceeds.
(ii) To be a bucher.
(iii) To make a shround selling one's vocation.
(iv) To enter into transaction with people of low character.
(v) To make it one's vocation to buy or sell wheat and barley, or other similar commodities.
(vii) To interfere in a deal being carried out by a Muslim, and make one's own offer.
Haraam Transactions
2063. * There are many Haraam deald and business, some are mentioned below;
(i) To sell and purchase intoxicating beverages, non-hunting dogs, pigs, an undlaughtered carcas (as a precaution)> Besides, if a permissible use of Najisul Ayn is possible, like, excrement and faeces being converted to manure of fertilisers, its transation is permitted, but as a precaution, such sale and purchase should be avoided.
(ii) Sale and purchase of usurped property.
(iii) As a precaution, it is haraam to sell and purchase those things which are not usually considered to be merchandise, like, the sale and purchase of wild beats, if it deos not involve any substantial gain.
(iv) Any transaction which involves interest.
(v) Sale and purchase of those things which are usually utilised for haraam acts only, like, gambling tools.
(vi) A transaactions which involves fraud or adulteration, like, where one commodity is mixed with another, and it is not possible to detect the adulteration, nor does the seller inform the buyer about it, like, to sell ghee mixed with fat. This act is called cheating (ghish) or adulteration. The holy Prophet of Islam ( s.a.w.a) said: " If a person makes a deceiful transaction with the Muslim, or puts them to a loss, or cheats them, he is not one of my followers. And when a persom cheats his fellow Muslim (i.e. sells him an adulterated commodity), Allah deprives him of Blessings in his livelihood, close the means of his earning, and leaves him to himself."
2064. * There is no harm in selling Pak thing which has become najis, but can be made Pak by washing it. And if it cannot be made Pak with water, and its use does not require it to be Pak, like some oils, its sale is permissible. In fact, even if its use requires it to be Pak, if it has substantial halal benefit, its sale is permitted.
2065. *If a person wants to sell a najis thing, he should inform the buyer about it, because by not telling hum, he might do something contrary to the rule of Shariah. For example, if he sells him najis water which the buyer may require for Wudhu or Ghusl, and to offer his obligatory prayers, or he sells him something which he uses as food or drink - in all such cases, the seller should inform the buyer. Ofcourse, if the seller knows that it is no use informing the buyer who is careless, and does not care about Tahart or Najasat, then it is not necessary to inform.
2066. * Although the purchase and sale of najis medicines for internal or external use is permissible, the buyer should be informed about it in situations explained in the foregoing rule no 2065.
2067. * There is no objection to selling or buying the oils which are importanted from non-Islamic countries, if it is not known to be najis. And as for the fat which is obtained from a dead animal, if there is a probability that it belongs to an animal which has been slaughtered according to Islamic law, it will be deemed Pak, and its sale and purchase will be permissible, even if it is required from a non-Muslim or is imported from non-Islamic countries. But it is haraam to eat it, and it is necessary for the seller to inform the buyer about the situation, so that he does not commit anything contrary to his religious responsibility.
2068. * If a fox, or any other such animal, is slaughtered according to the religious law, or dies a natural death, it is haraam to purchase or sell its hide, as a precaution.
2069. * The purchase and sale of hide and skin which is important from the non-Islamic country, or is bought from non-Muslim, is permissible provided that one feels strongly that the animal was most probably slaughtered according to Islamic law. And, namaaz with it will be in order.
2070. * The fat obtained from a dead animal, and the hide obtained from a Muslim, when one knows that the Muslim has obtained it from a non-Muslim, without investigating whether or not the animal has been slaughtered according to Islamic law, is pak, and its sale and purchase permissible. But it is not permissible to eat it.
2071. * Transaction of intoxicating drinks is haraam and void.
2072. Sale of usurped property is void, and the seller should return to the buyer the money taken from him.
2073. If a buyer is seriouse about a transaction, but his intention is not to pay the price of the commodity being purchased by him., this intention will not affect the validity of the transaction, though it is absolutely necessary that he should pay the money to the seller.
2074. If a person has purchased a commodity on credit, and wishes to pay its price later from his haraam earning or wealth, the transaction will be valid, but, he will have to pay the amount which he owes from halal property, in order to be absolved of his responsibility.
2075. * Purchase and asle of instruments of entertainment like, guitar, lute and harmonium etc, is haraam, and as a precaution, the same rule applies to small musical instruments made as toys for the children. However, there is no harm in selling and purchasing instrument of common use, like radio and tape-recorder, provided that it is intended to use it for haraam purposes.
2076. If a thing which can be used for halal purpose is sold with the intention of putting it to haraam use- for example, if grapes are sold so that wine may be prepared with them, the transaction is haraam, and as a precaution the deal is void. However, if the seller does not sell it with that Niyyat, but only knows that the buyer will prepare wine with the grapes, the transaction will be in order.
2077. * Making a human sculpture or that of an animal, is haraam, but
there is no harm in purchasing and selling it, though as a precaution, it should be avoided. However, painting human portraits or animals is permissible.
2078. * It is haraam to purchase a thing which has been acquired by means of gambling, theft, or a void transaction, and if a person buys such a thing from a seller, he should return it to its original owner.
2079. * If a person sells ghee mixed with fat and specifies it, for example, he says: " Iam selling 3 kilos of ghee" - the transaction will be void if the quantity of fat is more, to the extend that it cannot ne called ghee. But if the quantity of fat is small, so that it can just be classified as ghee mixed with fat, the transaction will be valid. But the buyer has a right of refusal, based on the deficiency in the quality, and can therefore cancel the deal and ask for the refund. And if ghee and fat are distinct from each other, ther deal convering and fat will be void, and the seller will have to refund the price of that fat, and keep the fat for himself. But in this case also, the buyer has a right of cancelling the transaction of pure ghee which is in it. Where the seller does not say thatt he is selling a particular thing, and just sells, say 3 kilos of ghee he possess, and if it turns out to be ghee mixed with fat, the buyer can return it, and ask for pure ghee.
2080. If a seller sells a commodity which is sold by weight or measurement, at a higher rate against the same commodity, like, if he sells 3 kilos of wheat for 5 kilos of wheat, it is usury usury and, therefore, haraam. In fact, if one of the two kinds of same commodity is faultless, and the other is deffer, and the seller asks for more than the quantity he gives, even then it usury and haraa. Hence, if a person gives unbroken copper or brass and takes more of broken copper and brass instead, or gives a good quantity of rice, and ask for more of inferitity of raw gold, it is usury and haraam.
2081. If the thing, which he asks for in addition, is different from the commodity which he sell, like, if he sells 3 kilos of wheat against 3 kilos of wheat and one dirham cash, even it is usury and haraam. In fact, if he does not take anything in excess, but imposes the condition that the buyer would render some service to him, it is also usury and haraam.
2082. * If the person who is giving less quantity of commodity, supplements it with some other thing, for example,, if he sells 3 kilos of wheat, there is no harm in it, provided that the intention is that the handkerchief is for the xcess he is receiving, and also that transaction is not on credit. And if both the parties supplement the commodity with something, like 3 kilos 3of wheat with a handkerchief is sold for 3 1/2 kilos and handkerchief, there is no objection to it, provided that the intention is that half of wheat with the handkerchief on one side, was given for the a handkerchief on the other.
2083. * If a person sells something by measuring in mater or yard, like cloth, or something which is sold by counting like eggsand walnuts, and asks for more intead, there is no objection, except when the commodity exchanged are of the same kind and the transaction is on credit, then it is not permissible. For example, if he gives ten eggs on a condition that he should receive eleven eggs after a month, it is a void and haraam transaction. In matters of the currency notes, a person can sell one type of it for another, like toman against dollar or credit, and on condition to receive more. But if he sells toman for toman, expecting more, then that transaction should not be on credit; otherwise it will be void and haraam. For example, if a person gives 100 toman cash, on a condition that after six months he should be given 110 toman, that is void and haraam.
2084. * If a commodity is sold in most of the cities by weight or measurement, and in some cities by counting , there is no objection if that commodity is sold by counting. Similarly, if the cities are different, and if it cannot be said that the majority of the cities sell the commodity by weight or measurement or by counting, every city will be governed by custom prevaling in it.
2085. * In commodities which are sold by weight or measurement, if a person sells a commodity in exchange of something which does not belong to the same category, and if the deal is not on credit, he can take more. But if it is on credit, it is not permissible. Hence, if he sells one kilo of rice for two kilos of wheat on a month's credit, that transaction is void.
2086. * If a ripe fruit is exchanged for the raw fruit of the same type, one cannot take more. And Fuqaha have commonly held that if a commodity taken in exchange is from the same origin, one should not take more. For example, if someone sells one kilo of ghee made from cow milk for one and half kilos of cheese made from cow milk, it will be usury and therefore haraam. But this generalisation is a matter of Ishkal.
2087. * From the point of usury, wheat and barley are commodities of one and the same category. Hence, if a person gives 3 kilos of wheat and takes in exchang thereof, 30 kilos of barley, on the condition that he would give in exchange 30 kilos of wheat at the time of its harvest, it is haraam, because he has taken barlry on the spot and will give wheat some time later, and this amounts to taking something in excess, and thereof haraam.
2088. * Father and son, husband and wife can take interest from each other. Similarly, a Muslim can take interest from a non-Muslim who is not under protection of Islam. But a transaction involving interest is completed, and the deal is closed, if payment of interest is permissible in the religion of that non-Muslim, a Muslim can receive interest from him.
Conditions of a Seller and a Buyer
2089. * There are six conditions for the seller and buyer:
(i) They should be baligh.
(ii) They should be sane.
(iii) They should not be impudent, that is, they should not be squandering their wealth.
(iv) They should have a serious and genuine intention to sell and purchase property a commodity. Hence, if a person says jocking, that he has sold his property, that transaction is void.
(v) They have not been forced to sell and buy.
(vi) They should be the rightful owners of the commodity which they wish to sell, or give in exchange. Rules relating to these will be explained in the following.
2090. * To conduct business with a child who is not baligh, and who makes a deal indenpendently, is void, except in things of smallvalue, in which transactions are normally conducted with the children who are can discern. But if a discerning child is accompanied by his guardian, and he pronounces the confirmation of the deal, then the transaction is valid in every situation. In fact, if the commodity or money is the property of another person, and that child sells that commodity or purchase something with that money, as an agent of the owner, the transactionis in order, even if the discerning child may possessing that property or money, on his own. And similarly, if the child is medium of payment to the seller, and carrying the commodity to the seller, the transaction is volid, even if the child may may not be discerning ( i.e one who can distinguish between good and bad) because in reality, two adult person have entered into the contract.
2091. * If a person buys something from a child who is not baligh, or sells something to him, in a situation when the transaction is not valid, he should give the commodity or money back to his guardian, if it was the child's own property, or to its owner, if it was the property of someone else, or should obtaine the owner's agreement. But if he does not know its owner, and has also no means to identify him, he should give the thing taken from the child to a poor on behalf of its owner as Radde Mazalim , and in so doing he should, as an obligatory precaution, seek the Mujtahid's permission.
2092. * Ifa person concludes a transaction with a discerning child (i.e. one who can distinguish between good and evil), in a situation when it is not valid to conclude a transaction with him, and the commodity or money which he gives to the child is lost, he can claim it from the child after he attains the age of bulugh, or from his guardian. But if the child is not discerning, he will have no right to claim anything from him.
2093. *If a buyer or seller is forced to conclude a transaction and he concludes after the transaction is conluded (i.e. if he says I agree) the transaction is valid. However, the recommended precaution is that the formula of the transaction should be repeated.
2094. If a person sells the property of another person without his consent, and if the owner of the property is not agreeable to the sale, and does not grant permission, the transaction is void.
2095. The father or parternal granfather of the child and the executor of the father and the excutor of the parternal guardiantfather of the child, can sell the property of the child, and if the circumstances demand, and Adil Mujtahid can also sell the property of an insane person, or an orphan, or one who has disappeared.
2096. If a person usurped some property, and sells it after the sell, the owner of the property allows the transaction, the transaction is valid, and the thing which the usuper sold to the buyer and the profits accrued to it, from the time of transaction, belongs to the buyer. Similarly, the thing given by the buyer, and the profits accrued to it from the time of the transaction belong to the person whose property was usurped.
2097. If a person usurps some property, and sells it with the intention that the sele proceeds should belong to him, and if the owner of the property allows the transaction, the transaction is valid, but the sale proceeds will belong to the owner, and not to the usurper.
Conditions Regarding Commodity and What is Obtained in Exchange
2098. * The commodity which is sold, and the thing which is received in exchange, should fulfil five conditions:
(i) Its quantity should be known by means of weight or measure or counting etc.
(ii) It should be transferable, otherwise the deal will be void, except when a transferable object is supplemented to it. But if the buyer can hinself manage to find the thing he has bought, even if the seller is unable to hand it over, the deal will be valid. For example, if a person sells horse whin has run away, and the buyer can find it, the transaction will be valid, and there will be no need to supplement it with any transferable object.
(iii) Those details of the commodity, and the thing accepted in exchange, which influence the mids of the people in deciding about the transaction, must be clearly described.
(iv) The ownership should be unconditional, in a manner that, once it is out of his ownership, he foresakes all his rights over it.
(v) The seller should sell the commodity itself and not its profit. Hence, if he sells one year's profit of a house, it will not be in order. But, if a buyer gives profit of his property in exchange, like, if he buys a carpet from someone and in lieu thereof gives him the profit of his house for one year, there is no harm in it. Details of these will come later.
2099. If a commodity is sold in a city by weight or measurement, one should purchase that commodity in that city by weight or measure. But if the same commodity is sold is sold in another city at sight, one can purchase it in that city at sight.
2100. A commodity which is normally sold by weighing, can also be sold by measure. For example, if a person wants to sell ten kilos of wheat, he should fill a measure which takes one kilo of wheat, and give ten such measures to buyer.
2101. * If the transaction has become void because of the absence of any of the aforesaid conditions, except the fourth - but the buyer and the seller agree to have the right of discretion over their exchanged commodities, there is no objection if they do so.
2102. * The transaction of a Waqf property is void, However, if it is so much impaired, or is on the verge of being impaired, that it can not be possible used for the purpose for which it was dedicated, like, if the mat of a mosque is so torn, that it is not possible to offer prayers on it, it can be sold by trustee or someone in his position. And if possible, as a precaution, its sale proceeds should be spent in the same mosque, for a purpose akin to the aim of the person who oringinally waqfed it.
2103. * When serious difference arise between the persons ofr whom waqf is made, to the extend that it may be feared that if the qaqfed property is not sold, property or life of some person is endangered, some Fuqaha have ruled that the property may be sold off, and the sale proceeds be spent for a purpose akin to the object of the person who originally made the waqf. But.
this rule is not devoid of Ishkal. But if the person who made waqf made a condition that it be sold when aadvisable, then there will be no objection to it being sold off.
2104. There is no harm in buying and selling a property which has been leased out to another person. However, the leaseholder will be entitled to know utilise the property during the period of lease. And if the buyer does not know that the property has been leased out, or if he purchases it under the impression that the period of lease is short, he can cancel the transaction when he comes to know of the true situation.
Formula of Purchase and Sale
2105. It is not necessary that the formula of purchase and sale be pronounced in Arabic. For example, if the seller says in any language: I have sold this property in exchange of this money" and the buyer says: I accept it" the transaction is in order. However, it is necessary that the buyer and the seller should have Niyyat of Insha' - which means that by uttering the above mentioned words, they are genuinely intent upon buying and selling.
2106. If the formula is not uttered at the time of transaction, but the seller hands over to the buyer that which he owns, in exchange of the property which he takes from the buyer; the transaction is in order, and both of them become the owners.
Purchase and Sale of Fruits
2107. * It is in order to sell the fruits before plucking them, when the flowers have fallen, and when the seeds have been formed, provided that, it is also known that it saved from harm or decay, and uts quantity can be fairly estimated. In fact, when it is still not known whethetr the formed seeds have passed the stage of any harm or decay, if the fruit sold is two years old or more, or it is hust the quantity which has presently grown, and it has a substantial value, the sale transaction will be valid. Similarly, if other produce grown from earth or anything else is sold together with the fruits, the transaction will be valid. But, as an obligatory precaution, this supplement must be such that if the seeds fail to develop into fully grown fruits, the capital invested by the buyer is not lost.
2108. * It is also permissible to sell the fruits growing on the tree, which have not yet developed the seed, and whose flowers have not yet fallen. But it must be sold along with something which grows from the earth (like vegetables) so that, as explained in the foregoing rule, the buyer sustains no loss. Or the fruits must be more than one year old.
2109. * There is no harm in selling the dates which have become yellow or red while they are still on the tree, but the debts of the same tree or any other should not be exchanged for them. But, if a person owns a date tree in the house or garden of another person, and if the quantity of the dates of the house or garden of another person, and if the quantityof the detes of that tree is estimated, and the owner of the tree sells them to the owner of the house or the garden , and dates are exchanged in lieu of them, there is no harm in it.
2110. * There is no harm in selling cucumber, brinjals, vegetables etc. which are picked several times during a year, provided that, they have grown and are visible and provided that, it is agreed as to how many times during the year the buyer would pick them. But if they have not grown nor can they be seen, their sale is matter of Ishkal.
2111. * If after the ears of wheat have devoloped seeds, they are sold for the wheat obtained from the same harvest, or from other ears, the transaction will not be valid.
Cash and Credit
2112. * If a commodity is sold for cash, the buyer and seller can, after concluding the transaction, demand the commodity and money from each other and take possession of irt. The possession of immovable things, like, house, land, etc. and the moveable things, like, carpets, dress etc. means that the original owner renounces all his right over them, and hands it over to the opposite party with full right of discretion over it. In practice, the mode of delivery may vary acciording to the situation.
2113. When something is sold on credit, the period should be fixed clearly. If, a commodity is sold with a condition that the seller would receive the
price at the time of harvest, the transaction is void, because the period of credit has not been specified clearly.
2114. * If a commodity is sold on credit, the seller cannot demand what he has to receive from the buyer before stipulated period is over. However, if the buyer dies, and has some property of his own, the seller can claim the amount due ti him from the heirs of the buyer, before the stipulated period is over.
2115. If a person sells a commodity oncredit, he can demand the debt from the buyer after expiry of the stipulated period. However, of the buyer cannot pay it, he should give him extention of time, or rescind the transaction, and take back the commodity.
2116. If a person gives a quantity of some commodity on credit to a person who does not know its price, and the seller does not tell him its price, the transaction is void. However, if he gives it on credit to a person who knows its cash price, and charges a higher price - for examople, if he tells him " I shall charge ten cents per doller more on the commodity, which I am giving to you on credit, as a compared to what I charge against cash" - and the buyer accepts this condition, there is no harm in it.
2117. If a person sells sells a commodity on credit, and stipulates a period for receiving its price, and for example, after the passage of half of the stipulated period, he reduces his claim and takes the balance in cash, there is no harm in it.
Conditions for Contract by Advance Payment
2118. * Purchase by advance payment means that a buyer pays the price of a commodity, and takes it possition later. Hence, the transaction will be in order, if, for example, the buyer says: " I am paying this amount so that I may take possession of such and such commodity after six months", and the seller says, I agree", or the seller accepts the money and says I have sold such and such thing and will deliver it after six months"
2119. * If a person sells, on advance payment basis, coins which are of gold
and silver, and takes gold or silver coins exchange for them, the transaction is void. But if he sells a commodity or money which is not of gold and silver, and takes another commodity, or gold or silver money in exchange, the transaction is in order if it conforms with the seventh condition of the rules which follows. And the recommended precaution is that one should take money and not other commodity in exchange for the commodity sold.
2120. * There are seven conditions of advance payment contract:
(i) The characteristic, due to which the price of a commodity may vary, should be specified. However, it is not necessary to be very precise, it will be sufficient if it can be said that its particulars are known.
(ii) Before the buyer and the seller separate from each other, the buyer should hand over full amount to the seller, or if the seller is indebted by way of cash to the buyer for an equivalent amount, the buyer can adjust it against the price of the commodity, if the seller agrees to it. And if the buyer pays certainpercentage of the price of the price of that commodityto the seller, the transaction will no doubt be valid equal to that percentage, but the seller can recind the transaction.
(iii) The time-limit should be stipulated exactlty. If the seller says that he would deliver the commodity when the crop is harvested, the transaction is void, because, in this case, the period has not been specified exactly.
(v) The weight or measure of the commodity should be specified. And there is harm in selling through advance payment contract, a commodity which is usually bought and sold by sight. However, for such a deal, one must be careful that the difference in the quality of individual items of the commodity must be negligible small, like in the cases of walnuts and eggs.
(vii) If the commodity sold belongs to the category which is sold by way of weight and measure, then it must not be exchanged for the same com-
modity. In fact, as an obligatory precaution, it must not be exchanged for any other commodity which is sold is the one of which is sold by weight and measure. And if the commodity sold is the one which is sold by counting, then asa precaution, it is not permissible to exchange it for the same commodity in increased number.
Laws Regarding Advance Payment Contract
2121. * If a person purchases a commodity by way of advance payment, he is not entitled, till the expiry of the stipulated period of delivery, to sell it to anyone except the seller, but there is no harm in selling it to any person after the expiry of the stipulated period, even if he may not have taken possession of it yet. However, it is not permissible to sell cereals like wheat and barley, and other commodities which are sold by weighing or measuring other than fruits, unless they are in possession, except that the buyer wishes to sell them at cost or lower price.
2122. * In advance payment purchase transaction, when the seller delivers at the stipulated time the commodity which he had sold, the buyer should accept it. Also, if the seller gives something better in quality than the one agreed upon, and if it is reckoned to belong to the same type, the buyer should accept it.
2123. If the commodity which the seller delivers is of inferior quality to that which was agreed upon, the buyer can reject it.
2124. If the seller delivers a commodity different from the one he has sold to the buyer, and the buyer agrees to accept it, there will be no objection to it.
2125. * If a commodity which was sold by advance payment becomes scarce at the time when it should be delivered, and the seller cannot supply it, the buyer may wait till the seller procures it, or even cancel the transaction, and take the refund, but as a precaution, he cannot sell it back to the seller at a profit.
2126. * If a person sells a commodity promising to deliver it after some time, and also agrees to take deferred payment for it, the transaction is void.
Sale of Gold and Silver Against Gold and Silver
2127. * If gold is sold against gold, and siver is sold against silver, whether it is in the form of coins or otherwise, if the weight of one of them is more than that of the other, the transaction is haraam and void.
2128. * If gold is sold aginst silver, or silver is sold against gold, the transaction is valid, and it is necessary that their weight be equal, burt if it is sold on credit or stipulated time, the transaction will be void.
2129. * If gold or silver is sold against gold or silver, it is necessary for the seller and the buyer that before they separated from each other, they should deliver the commodity, and its exchange to each other. And if even a part of the thing about which agreement has been made, is not delivered to the person concerned, the transaction becomes void.
2130. If either the seller or the buyer delivers the stock in full as agreed, but the other person delivers only a part of his stock, and they separate from each other, the transaction with regard to the part exchanged will be valid, but the person who has not received the entire stock can cancel the transaction.
2131. * If silver dust from a mine is sold against pure silver, and gold dust from a mine is sold against pure gold, the transaction is void, unless one is sure that the quality of silver dust is equal to the quantity of pure silver. However, there is no harm is selling silver dust against gold, or gold dust against silver, as mentioned earlier.
Circumstances in Which One Has to cancel a Transaction
2132. * The right to cancel a transaction is called Khiyar. The seller and the buyer can cancel a transaction in the following eleven cases:
(i) If the parties to the transaction have not parted from each other, though theyu may have to left the place of agreement. This is called khiyarul majlis
. (ii) If the buyer or the seller has bean cheated in a sale transaction, or in any other sort of deal, either of the parties has been deceived, they have a right to call off the deal, This is called Khiyar of Ghabn. This Khiyar stems from the fact that each side in any deal wishes to ensure thathe does
has receive less than what he has given, and he has been cheated, he should have the right to back out. But if one has in mind if he is given less than what he has delivered, or is paid less than what he deserved, he will ask for the difference, he should first demand the difference before cancelling the deal.
(iii) If while entering into a transaction, it is agreed that up to a stipulated time, one or both the parties will be entitled to cancel the transaction. This is called Khiyarush Shart. (iv) If one of the parties presents his commodity as better than it actually is, and thereby attracks the buyer, or makes him more enthusianstic about it,. This is called Khiyar tadlis .
(vi) If one of the parties to the trnsaction stipulates that the other would perform a certain job, and that condition is not fulfilled. Or if it is stipulated that the commodity will be of particular quality, and the commodity supplied may be lacking in that quality. In these cases, the party which laid the condition can cancel the transactio. This is called Khiyar takhalufish shart.
(vi) If the commodity supplied is defective. This is called Khiyarul 'aib.
(vii) If it transpires that a quality of the commodity under transaction is the property of the third person. In that case, if the owner of that part is not willing to sell it, the buyer can cancel the transaction, or can claim back from the seller the replacement of that part, if he has alrady paid for it . This is called Khiyarush Shirkat.
(viii) If the owner describes certain qualities of his commodity which the buyer has bot seen, and the the buyer can realises that the commodity is not asthe described, the buyer can recind the deal. Similarly, if the buyer may have seen the commodity sometimes back, and the purchases it thinking that the qualities it had then will be still existing, and if he finds that those qualities have disappeared, he has a right to cancel the deal.
(ix) If the buyer does not pay for the commodity he has bought for three days, and the seller has no yet handed over to him the commodity, the seller can cancel the transaction. But this is in circumstances when the seller had agreed to allow him time for deferred payment, without fixing the period. And if the seller had not at all agreed on defferred payment, he can cancel the transaction at once, without any delay. And if he had allowed him more than three days' credit, then the seller can-
not rescind the deal before the termination of three days. If the commodity is perishable, like fruits, which would perish or decay if left for one day, and the buyer without any prior condition, deos not pay till nightfall, the seller can cancel the transaction. This is called Khiyarut ta'khir.
(x) A person who buys an animal, can cancel the transaction withing three days. And if a person sold his commodity in exchage for an animal, he can cancel the transaction within three days. This is called Khirul hayawan.
(xi) If the seller is unable to deliver possession of the thing sold by him, like, if the house sold by him runs away and disappears, he can cancel the transaction. This is called Khiyarut ta'azzurit taslim.
2133. * If a buyer deos not know the price of the commodity, or was unconcerned about it at the time of purchase, and buys the thing for higher than the usual price, he can cancel the transaction if the difference of the price is substantial, and if the difference is established at the time of abrogation. Ortherwise, the buyer cannot cancel the deal. Similarly, if the seller deos not know the price of the commodity, or was headless about it at the time of selling, and sells the thing at a cheaper price, he can cancel the deal if the difference is substantial and if the other conditions mentioned above obtain.
2134. * In a trasanction of " Conditional sale", for example, a house worth $2000 is sold or $1000, and it is agreed that if the seller returns the money within a stipulated period, he can cancel the transaction, the transaction is in order, provided that the buyer and the seller had genuine intention of purchase and sale.
2135. * In a transaction of "Conditional Sale", if the seller is sure that even if he did not return the money within the stipulated time, the buyer will return the property to him, the transaction is in order. However, if he deos not return the money within the stipulated time, he is not entitled to demand the return of the property from the buyer. And if the buyer dies, he (the seller) cannot demand the return of the property from his heirs.
2136. If a person mixes inferior tea with superior tea, and sells it as a superior tea, the buyer can cancel the transaction.
2137. * If the buyer finds out that the thing purchase by him is defective, like, if he purchase an animal and finds that ( after purchasing it) it is blind of an ey, and this defect existed before the transaction was made, but he was not aware of it, he can cancel the ttransaction and return the animal to the seller. And if it is not possible to return it, for example, if some change has taken place in it, or it has been used in such a manner that it cannot be returned, the difference between the value of the sound property should be assessed, and the buyer should get refund in that portion of the amount paid by him to the seller. For example, he has purchased something for $4 and finds out that it is defective. Now the price of the thing in perfect, faultless state is $8 and that of deficient is $6, the difference between these two prices will be assessd at 25%. The buyer will be paid 25% of what he actually paid, and that will be one dollar.
2138. * If a seller comes to know that what he receive in exchange for his property is defective, and that defective was present in it before the transaction, but he was not aware of it, he can cancel the transaction, and can return it to its owner. And if he cannot return it due to change or disposal having taken place, he can obtain the difference between the faultless and the defective thing, according to the above mentioned rule.
2139. * If adefect takes place in the property after concluding the transaction, but before delivering it, the buyer can cancel the transaction. Similarly, if some defect is found in what is taken in exchange for the property, after concluding the transaction but before delivering it, the seller can cancel the transactio. But if both sides wish to settle by taking the difference between the prices, it is permissible, if returning of the article involved is not possible.
2140. * If a person comes to know about the defect concluding the transaction, it is necessary for him to cancel the transaction at once; and if he delays for unusually long time, he cannot cancel the transaction. Of course various circumstances must be taken into considaeration for the delay.
2141. If a person comes to know about the defect in a commodity after purchasing it, he can cancel the transaction evenm if the seller is not present. And the same order applies to all transaction involving the optionss.
2142. In the following four cases the buyer cannoty cancel the transactionbecause of defect in the property purchased by him, nor can he claim the difference between the the prices.
(i) If at the time of p[urchasing the property, he is aware of the defect in it.
(ii) If he deos not object to the defect in the property.
(iii) If at the time of concluding the contract, he says; " Even if the property has a defect I will neither return it nor claim the difference between the prices".
(iv) If at the time of concluding the contract , the seller says: " I sell this property with whatever defect it may have". But, he specifies a defect and says: " I am selling this property with this defect"and it transpires later that it has some other defect as well, which he did not mention, the buyer can return the property due to that defact, and if he cannot return it, he can take the difference between the prices.
2143. If a buyer knows that there is a defect in property, and after taking possession of it another defect appears in it, he cannot cancel the transaction, but he can take the difference between the prices of the defective and the faultless property. But, if he purchases a defective animal, and before the expiry of the period of Khiyar (i.e. option to cancel a transaction) which is three days, another defect appears in the animal, the buyer can return it, even if he may have taken delivery of it. And if only the buyer was given the option to cancel the deal within a fixed period, and another defect appears in the animal during that period, the buyer can cancel the transaction, even if he may have taken delivery of the animal.
2144. If a person owns some property which he himself has not seen, but another person has described its particular to him. and he mentioned the same particulars to the buyer and sells the property to him. Later on, he learns after selling that property was better than what he knew about it, he can cancel the transaction.
Miscellaneous Rules
2145. If a seller informs the buyer about his cost price of a commodity , he should tell him about all factors which would affect the rise or fall in the price of the commodity, even if he may sell it at the same price (i.e. at the cost price) or at price less than that; for rxample, he should tell the buyer
whether he has purchased the property against cash payment or no credit. And if he does not give particulars of the property, and the buyer knows about them later, he can cancel the transaction.
2146. If a person gives a commodity to another person, and fixes its price and says " Sell this commodity at this price, and the more you sell, you will be paid your commission." If he sells the commodity for higher price, the excess of the money realised will be that of the owner , and he will be entitled only to the commission from the owner. But if the arrangement is by way of granting a reward, when the owner says: "If you sell this commodity at a price higher than that, the excess of of proceeds will be your property" there is no harm in it.
2147. * If a butcher sells the meat of a female animal saying that it is the meat of a male animal, he commits a sin. Hence, if he falsely specifies the meat saying: I am selling this meat of a male animal" the buyer can cancel the transaction. And in case, he does not specify it, the butcher must supply the meat of a male animal, if the buyer is not willing to accept the meat which has been given to him.
2148. If a buyer tells the draper that he wants a cloth of fast colour, and the drapper sells him a cloth whose colour fades, the buyer can cancel the transaction.
2149. Swearing in the matter of transaction is Makrooh, if it is true, and haraam, if it is false.
Laws of Partnership
2150. *If two persons make an agreement that they would trade with the goods jointly owned by them, and would divide the profit between themselves, and if they pronounce a formula declaring partnership, in Arabic or in any other language, or express their intention of becoming each other's partner by conduct, the partnership will be valid.
2151. * If some person enter into a partnership to share the wages from their labour, like, if a few barbers or laboureres agree mutuallythat they would divide between themselves whatever wages they earn, that partner-
ship is not in order. But if they enter into a mutual compromise that, say, half of what one earns will be given to the other, for a fixed period, in exchange of half of what the other earns, this transaction will be valid, and thus each will be a partner in the wages of the other.
2152. If two persons enter into a partnership, on the terms that each of them would purchase the commodity on his own responsiblity, and each would be responsible for the payment of its price, but would share the profit which they earn from that commodity, that partnership is not valid. However, if each of them makes the other his agent, authorising that whatever one purchases on credit, the other will be a partner in it, which means sidered partners in that commodity.
2153. * The persons who become partners under the rules of partnership, must be adult and sane, and should have intention and free volition for becoming partners. They should also be able to exercise discretion over their properties. Hence, if a feebel-minded person who spends his wealth impudently, enters into partnership, it is not in order, because such a person has no right of disposal over his property.
2154. * Ifa condition is laid down in an agreement of partnership, that the partner who manages, or deos more work than the other partner, or more important work than the other, will get the lager share of the profit, it is necessary that he should be given his share as agreed upon. Similarly if it is agreed that the person who deos not manage, or does not do more work, or does not do more important work, will get share of the profit, that condition is also valid and it must be fulfilled.
2155. * If it is agreed that the entire profit will be appropriated by one person, or the entire loss will be borne by one of them, that sort of partnership is matter of Ishkal.
2156. If it is not agreed that one of the partners will receive more profit, and if the investment of each of them is equal, they must share profit and loss equally. And if their investment is not equal, they should divide the profit
and loss in proportion to their capital. For example, if two persons become partners, and the capital of one of them is double the capital of the other, his share in the profit and loss will also be double of the other, irrespective of whether both of them do equal work, or one of them does less work, or does not work at all.
2157. * If it is laid down in the agreement of partnership, that both the partners will buy and sell together, or each of them will conclude transaction individually, or only one of them will be conclude the transaction, they should act as agreed upon.
2159. * The partner who has been given the right of discreation over the capital, should act according to the agreement of partnership. For example, if it is agreed that he will purchase on credit, or will sell against cash payment, or will purchase the property from a particular place, he should act according to the agreement. However, if no such agreement is made with him, he should conclude transactions in the usual manner, and carry on in such a way that no loss is suffered in the partnership. He should not carry any property belonging to the partnership , with him while he is travelling, if that is unusual.
2160. * If a partner who transacts business with the capital of the partnership, sells and purchases things contrary to the agreement made with him, or concludes tramsaction in a manner which is not normal, because of the absence of the any agreement, the transaction man=de by him in both the cases will be correct and valid; but if such a transaction results in a loss, or a part of wealth is squandered, then the partner who has acted again the agreement, or the usual norm, will be resonsible for the loss.
2161. If a partner who trades with the capital of the partnership, does not go beyond the bounds of his authority, nor is he negligent in looking after the caspital, yet unexpectedly the entire capital or a part of it perishes, he is not responsble.
2162. * If a partner who trades with the capital of the partnership, declares that the capital has perished, and if other partners trust him, they should accept his words, and iif they do not trust him, they can complain againt him before the Mujtahid, who will decide the case according to Islamic laws.
2163. If all the partners withdraw the permission, given by them to one another, for the right of descreation over their respective shares held in partnership, none of them will be allowedthe right of discretion over them. And if one of them withdrawsthe permission accorded by him, the other partners do not have the right of decretion; but one who has withdraw his permission can excise his right of decrationover the property of the partnership.
2164. * If one of the partners demand that the capital invested in the partnership should be divided, others should accept his demend even if the period fixed for the partnership may not have expired yet, except when the division of the capital entails considerable loss to the partners.
2165. If one of the partners dies, or becomes insane, or unconscious, other partners cannot continue to exercise right of descreation over investment held in the partnership. And the same rule applies when one of them becomes feeble-minded that is, spends his property without any consideration.
2166. * If a partner purchases a thing on credit for himself, its profit and loss belong to him. However, if he purchase it for partnership, and if the agreement allows credit dealing, its profit and loss belongs to both of them.
2167. * If the partners conclude a transaction with a joint capital investment, and it transapires later that the partnership was invalid, if the validity of the transaction was not dependent on mutual consent, meaning that, if they had known that the partnership was not valid, they would have still been agreeable to having the right of descretion over the property or stock or each of other, the transaction will be considered valid, and whatever is gained or lost from the transaction will be shared by them. But if the partners would not have been disposed agree to exercise discretion over each others' stock or
property had they known that the partnership was not valid, yet they approve the particular transaction, it will be valid - and if they do not, it will be invalid. And in either case, if any partner has worked for the partnership without the previouse intention to work gratis, he can collect the wages for his services at the usual rate, cosidering the percentage of other partners. But if the usual wages is more than his share of divident, after having agreed to the validity of the transaction, he should take the dividend only.
Orders Regarding Compromise
2168. * Compromise means that a person agrees to give to another person hos won property or a part of the profit gained from it, or waives or forgoes a debt, or some right, and that other person also gives him in return, some property or profit from it, or waives his debt or right in consideration of it, and even if a person gives another person his property or profit from it, or waives his debt or right without claiming nay consideration, the compromise will be in order.
2169. * It is necessary that the person who gives his property to another person by way of compromise , should be adult and sane, and should have the intention of making compromise, and none should have compelled him to make the compromise, and he should not also be feeble-minded from whom jis own wealth is made inaccessible, or a bankrupt who has no right to dispose of his property.
2170. It is not necessary that a formula of compromise be recited in Arabic. Rather, it is sufficient to convey the intention by uttering any words.
2171. * If a person gives his sheep to a shephered so that, for example, he may look after them for one year, and use their milk and gives him a quantity of ghee, and in this manner compromise with the shephered for his labour, and quantity of ghee against the milk of the sheep, the transaction is valid. Rather, if he gives the sheep to the shephered for one year on lease, so that he may utilise their milk and give him a quantity of ghee, not necessarily churned from the milk of the leased sheep, this transaction is also in order.
2172. * If a person wants to amke a compromise with another person in respect of the debt which he owes, or in respect of his right, the compromise will be valid only if the opposite person agrees to it. But, if he wants to forgo the debt or right owed to him, the accptance by the opposite person is not necessary.
2173. * If a debtor knows the amount he owes, but the creditor does not know and makes compromise with the debtor for an amount less than what is owed tohim, like, if the creditor has to receive $50 but he unknowingly makes a compromise for $10, the balance of $40 is not halal for the debtor, except that he hims
