This excerpt is taken from Dr. Yusuf al-Qaradawi's book Halal and Haram in Islam, whose Urdu translation has been done by Muhammad Tahir Naqqash Sahib.
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Allah Almighty has created humans in such a way that individuals are dependent on each other. No person can be self-sufficient and independent of others. Some people possess things that make them self-sufficient, but others depend on them, and the things from which others are self-sufficient, they are in need of. Considering these civilizational necessities, Allah Almighty has instilled in people's hearts the idea that they exchange goods of trade and profitable items through buying and selling so that life may be established and affairs may be conducted in a useful and fruitful manner. When the Prophet Muhammad (peace be upon him) was sent, various forms of buying, selling, and exchange were prevalent among the Arabs. Among these, the forms that were in harmony with Shariah principles were maintained by the Prophet (peace be upon him), and those that were not in harmony were prohibited. This prohibition was due to several reasons, such as cooperation in sinful acts, deception, unlawful profiteering, oppression and injustice towards one party in the transaction, etc.
The sale of forbidden things is also forbidden
Benefiting from prohibited items is a type of sin, therefore buying, selling, and trading them is also forbidden. For example, pigs, alcohol, forbidden food and drink, idols, crosses, statues, etc. If buying, selling, and trading these items were considered permissible, then these sinful acts would be promoted, people would get the opportunity to approach these things, acquiring them would become easy, and people would develop a desire for them. But since buying, selling, and acquiring these things has been made forbidden, people can avoid them. Now, neither can attention be drawn towards these things nor can their memory be refreshed. That is why the Prophet ﷺ said:
إن الله ورسوله حرم بيع الخمر والميتة والخنزير والأصنام
"Allah and His Messenger have forbidden the buying and selling of alcohol, carrion, pigs, and idols."
Reference: Bukhari, Book of Sales, Chapter on Selling Carrion and Idols, Hadith: 2236. Muslim, Book of Irrigation, Chapter on the Prohibition of Selling Wine and Carrion, Hadith: 1581
He also said:
إن الله إذا حرم شيئا حرم ثمنه
"When Allah forbids something, He also forbids its price."
Reference: Musnad Ahmad: 1/293, 322; Abu Dawood, Book of Sales, Chapter on the Price of Wine and Carrion, Hadith: 3488
Deceptive Sale is Prohibited
Every transaction of sale in which the subject matter is unknown, or there arises a situation of deception, or one party causes loss to the other party leading to disputes (differences) and market turmoil, is prohibited as a preventive measure. For example, selling a fish in the womb or a calf in the belly of a she-camel, or selling flying birds, fish in the water, and every such unknown thing.
During the time of the Prophet ﷺ, fruits were sold in the fields and gardens before they ripened. After the transaction was completed, sometimes due to a natural calamity, the fruits would be destroyed, and in such cases, disputes would arise between the seller and the buyer. The seller would say, "I have completed the sale," and the buyer would say, "You sold the fruits, and the fruits are missing." Therefore, the Prophet ﷺ forbade selling fruits before their ripeness became apparent.
Reference: Bukhari, Book of Sales, Chapter: Selling Fruits Before Their Ripeness Appears, Hadith: 2193. Muslim, Book of Sales, Chapter: Prohibition of Selling Fruits Before Their Ripeness Appears, Hadith: 1534
Except when the transaction is made on the condition of immediate picking of the fruit. Similarly, the Prophet ﷺ also forbade the sale of dates until they turned white and the risk of calamity was no longer present.
Reference: Muslim, same reference, Hadith: 1535
The Prophet ﷺ said: Have you also thought that when Allah has stopped the production of fruits, how would it be permissible for you to take your brother’s property?
Reference: Bukhari, Book of Sales, Chapter: When Fruits Are Sold Before Their Ripeness Appears, Hadith: 2198. Muslim, Book of Irrigation, Chapter: Imposition of Calamities, Hadith: 1555
The sale of every unknown thing is not prohibited because some things are such that their true condition cannot be known. For example, if a person buys a house, he cannot know the condition inside its foundation and walls. Therefore, what is prohibited is the explicit unknown nature of something that causes disputes or leads to people’s wealth being consumed through invalid means.
If something is unknown to a minor degree, its sale is not forbidden. For example, the sale of things that are underground such as radish, carrot, onion, etc., and similarly the sale of wood and melon fields, which according to Imam Malik (may Allah have mercy on him) is permissible. The Imam considers the buying and selling of all such things permissible which are necessary and in which the aspect of being unknown is very minor.
Ibn Taymiyyah (may Allah have mercy on him) says:
In matters of sale, the principles of Imam Malik are better compared to the principles of other jurists because his approach is derived from Saeed bin Musayyib (may Allah have mercy on him), who was considered the greatest jurist in matters of sale.
Reference: Al-Qawa’id, p. 118
And the approach of Imam Ahmad (may Allah have mercy on him) is also almost the same.
