Lesson 76 Trade (1)

Trade Sale is lawful in the Qur’an and Sunnah.

The elements of a sale are: a) The free mature seller who owns his goods and then sells them.

b) The free mature buyer

c) The permissible article which is to be sold, being known to the buyer

d) The spoken offer and the spoken acceptance

e) Mutual agreement with satisfaction.

Conditions of Trade: It is valid to stipulate the specifications of the article, or of utilities related to it.

It is invalid to stipulate: a) a condition that will affect the core of the sale,

b) an invalid condition such as to realize a profit from re-selling, or

c) combine two conditions.

Annulment of sale: The annulment of sale is permissible if both the seller and buyer agreed. The commodity should thus be returned as it is, as well as the price, without reduction.

Annulment of sale: Either the seller or the buyer has the choice to continue or annul the sale: a) before they depart,

Annulment of sale: b) if they agree on a certain term for choice,

Annulment of sale: c)if an excessive inequity appeared from any of them.

Annulment of sale: : d) in case that the seller has hidden a defect in the article,

Annulment of sale: e) in case that a defect appeared in the article which was not known during the sale, and

Annulment of sale: f) in case that the seller convinced the buyer with what is not found in the article as a means to incite him to buy.

Evidence from the Qur’an and Sunnah

The legality of sale: Allah says: ﴿وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا﴾ [ البقرة : 275]

This means: “Whereas Allah has permitted trading and forbidden Riba (usury).” (Al-Baqarah: 275)

He (SAWS) also said: “Both parties in a business transaction have a right to annul it so long as they have not separated.” (Reported by al-Bukhariyy and Muslim)

The Prophet (SAWS) said, "Verily, selling should be based on mutual agreement." (Reported by Ibn-Majah)

Conditioned Sale: The Messenger of Allah (SAWS) said, "Advance loan and sale are not lawful, and there are no two conditions in a sale, and no profit until it comes in possession, and no sale of what is not in your possession." (Reported by An-Nasa’i, At-Tirmidhi, and Abu-Dawud)

The Prophet (SAWS) said: “Whoever imposes conditions which are not present in Allah’s Laws, then those conditions will be invalid, even if he imposed these conditions a hundred times. Allah’s conditions (Laws) are the truth and are more solid." (Reported by al-Bukhariyy and Muslim)

Sale annulment: The Prophet (SAWS) said: “If anyone rescinds a sale with a Muslim, Allah will cancel his slip on the Day of Resurrection.” (Reported by Abu-Dawud)

Deception and choice: Allah’s Messenger (SAWS) said: “Both parties in a business transaction have a right to annul it as long as they have not separated; and as long as they tell the truth and make everything clear they will be blessed in their transaction. If they conceal anything and lie, the blessing on their transaction will be blotted out.” (Reported by al-Bukhariyy and Muslim)

The Messenger of Allah (SAWS) also said: “Muslims are on (i.e. stick to) their conditions.” (Reported by al-Bukhariyy)

He (SAWS) also said: “When you enter into a transaction you should say: There should be no deception.” (Reported by al-Bukhariyy and Muslim)

The Prophet (SAWS) said, "It is not lawful for a Muslim to sell something with a defect to his brother (another Muslim) unless he shows it to him." (Reported by Ibn-Majah)

He (SAWS) also said: “That who deceives is not of us.” (Reported by Muslim)

He (SAWS) also said: “Do not keep camels and sheep unmilked for a long time, for whoever buys such an animal has the option to milk it and then either to keep it or return it to the owner along with one Sa` of dates.” (Reported by al-Bukhariyy and Muslim)