Fiqh rulings and issues in the light of the Quran and Hadith, Book of Sales: Volume 02: Page 41
Question
Peace be upon you and the mercy of Allah and His blessings.
Currency exchange, that is, the mutual exchange of cash, whether the same type or different.
Answer with the Help of the Bestower, Provided the Question is Correct
And peace be upon you and the mercy of Allah and His blessings!
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
◈ Whether the cash is in the form of gold or notes, the ruling is the same, because it contains the reason for usury (thaman).
① Exchange of Same Type Currency
✔ When the sale of a currency is with the same type of currency, for example:
❀ Sale of gold for gold
❀ Sale of silver for silver
❀ Or the sale of cash notes from the same country (for example: selling dollars for dollars, or exchanging Saudi riyals for Saudi riyals)
Then it is necessary that:
* The amounts on both sides are equal, and
* The transaction in the gathering is cash (immediate possession)
② Exchange of Different Currencies/Types
✔ If the currency of one country is exchanged with the currency of another country, or if the type and category change, for example:
❀ Exchanging Saudi Riyals for US Dollars
❀ Or trading gold for silver
Then:
* It is necessary to conduct cash transactions (immediate possession) in the meeting,
* However, slight differences (excess) are permissible.
Similarly:
* The sale of gold jewelry in exchange for silver dirhams or paper notes is permissible, provided that the transaction is cash in the meeting.
* Buying silver jewelry in exchange for gold with slight differences is permissible.
③ Conditions for Jewelry/Same Type Currency
✔ When:
* The sale of gold jewelry is in exchange for gold, or
* The sale of silver jewelry is in exchange for silver, or
* There is an exchange of currency from the same country
It is necessary that:
* There is equality in weight, and
* The transaction in the meeting is cash.
The Severity of Usury and the Emphasis on Avoiding It
◈ Usury is extremely dangerous. Avoiding it is only possible when one is aware of its issues. A Muslim who does not have the capacity to understand the matters of usury should seek knowledge from the scholars regarding this. He should not finalize any transaction until he is certain that it does not involve usury, so that his faith remains intact and he may be spared from the punishment of Allah تعالى, which He has threatened against usurers.
◈ People are engaging in transactions without using reason and insight; they should not blindly follow such practices, especially in this era where people do not care about the sources of their earnings.
The Messenger of Allah ﷺ said: "يأتي على الناس زمان يأكلون الربا ، فمن لم يأكله أصابه من غباره"
"There will come a time upon people when they will consume usury, and whoever does not consume it will be affected by its dust."
Reference: (Weak) Sunan Abi Dawood, Al-Buyu', Chapter on Avoiding Doubtful Matters, 3331; and Sunan an-Nasa'i, Al-Buyu', Chapter on Avoiding Doubtful Matters in Earning, Hadith 4460 and this wording is from him
The Usury of the Age of Ignorance and the Warning of the Quran
◈ One difficult form of usurious business in the present era is that if a financially constrained person is unable to repay the loan amount, the loan amount is increased according to the duration and grace period. This usury has been prevalent since the time of ignorance, and there is a consensus among the people of Islam regarding its prohibition.
Allah, the Exalted, says: ﴿يـٰأَيُّهَا الَّذينَ ءامَنُوا اتَّقُوا اللَّهَ وَذَروا ما بَقِىَ مِنَ الرِّبوٰا۟ إِن كُنتُم مُؤمِنينَ ﴿٢٧٨﴾ فَإِن لَم تَفعَلوا فَأذَنوا بِحَربٍ مِنَ اللَّهِ وَرَسولِهِ وَإِن تُبتُم فَلَكُم رُءوسُ أَموٰلِكُم لا تَظلِمونَ وَلا تُظلَمونَ ﴿٢٧٩﴾وَإِن كانَ ذو عُسرَةٍ فَنَظِرَةٌ إِلىٰ مَيسَرَةٍ وَأَن تَصَدَّقوا خَيرٌ لَكُم إِن كُنتُم تَعلَمونَ ﴿٢٨٠﴾... سورة البقرة
Reference: Surah Al-Baqarah: 2/278-280
"O you who have believed, fear Allah and abandon what remains of interest, if you should be believers (278). And if you do not, then be informed of a war from Allah and His Messenger. But if you repent, you may have your principal - you do no wrong, nor are you wronged (279). And if someone is in hardship, then let there be postponement until a time of ease. And if you give from your surplus as charity, it is best for you, if you should know."
① Allah Almighty first called His servants "people of faith," indicating that engaging in usury is not befitting for a believer.
② "اتَّقُوا اللَّـهَ" makes it clear that one who engages in usury does not have the fear of Allah in their heart.
③ Allah Almighty's command: (وَذَرُوا مَا بَقِيَ مِنَ الرِّبَا) meaning "What remains of usury, leave it" — this command necessitates obligation, thus one who engages in usurious transactions disobeys Allah's command.
④ Whoever does not cease usurious transactions, there is a declaration of war against them from Allah: ﴿فَإِن لَم تَفعَلوا فَأذَنوا بِحَربٍ مِنَ اللَّهِ وَرَسولِهِ...﴿٢٧٩﴾... سورةالبقرة "If you do not leave (usury), then prepare for war against Allah and His Messenger."
Reference: Al-Baqarah: 2/279
⑤ Allah Almighty's statement: ﴿ فَلَكُم رُءوسُ أَموٰلِكُم لا تَظلِمونَ وَلا تُظلَمونَ ﴿٢٧٩﴾... سورةالبقرة "So your principal is yours; neither commit injustice nor be subjected to injustice."
Reference: Al-Baqarah: 2/279
This clarifies that the usurer is indeed an oppressor.◈ Taking profit on a loan is also included in usurious transactions. The detail is that a loan is given to someone on the condition that they will return more than the principal, or will pay back a certain percentage more, as is common in banks today.
◈ The existence of banks is based on the system where banks lend to those in need, traders, owners of factories, skilled workers, and professionals on the condition that the borrower will also pay a percentage of profit on the loan amount. If the installment is not paid within the specified period, the percentage of profit will increase. This is outright usury in which both forms of interest are combined.
◈ One form of the usurious system of banks is the savings account, meaning if a person keeps their money in the bank for a specified period, the bank uses it for the entire duration and gives the account holder ten or five percent profit (interest).
◈ One form of usurious business is "Bay' al-'Aynah": its nature is that one sells his item on credit and then buys it back from the same person for a lesser amount in cash. This transaction is called "Bay' al-'Aynah" because the buyer of the item on credit receives cash (the ayn) in return. This is a ruse to earn interest, and many hadiths have prohibited it.
The Prophet ﷺ said:
"When you begin to engage in 'Bay' al-'Aynah' and hold onto the tails of oxen (become engrossed in agriculture) and become satisfied with farming and abandon jihad, Allah will impose humiliation and disgrace upon you until you return to your religion."
Reference: Sunan Abi Dawood, Al-Buyu', Chapter on the Prohibition of 'Aynah, Hadith 3462
Furthermore, the Prophet ﷺ stated:
"A time will come upon people when they will declare usury permissible under the name of trade."
Reference: (Weak) Ghayat al-Maram fi Takhrij Ahadith al-Halal wa al-Haram, Hadith 13; Ighathat al-Lahfan min Ma'said al-Shaytan, 1/486
The Warning of the Worldly and Hereafter Dangers of Usury
◈ O Muslims! Do not allow usury to enter your affairs. Protect your wealth from the mixture of usury, for taking and giving usury is a major sin.
◈ In a nation where usury and fornication become apparent, poverty and various incurable diseases arise among them. Allah Almighty imposes tyrannical rulers upon them.
◈ Usury destroys wealth and eradicates goodness and blessings. Allah Almighty has declared a severe warning against consuming usury, considering it shameful and a major sin, and has described the punishment in this world and the Hereafter, and the usurer is at war with Allah and His Messenger ﷺ.
◈ Due to this usury, the blessings of wealth are lifted, and the wealth gained through usury is generally destroyed and wasted. There are many incidents where the great wealth of usurers gets burned, is destroyed, or is lost to the seas and floods, and usurers become impoverished. Even if this wealth remains with them, there is no goodness or blessing in it.
◈ They cannot derive any benefit from this wealth, while they remain trapped in its accounting and suffer from its distress.
◈ Those who engage in usurious business are disliked by Allah and His creation, for they take wealth from people, do not give, hoard it, do not give charity or spend in the way of Allah. They are extremely greedy and avaricious, accumulating and hoarding wealth excessively. Hearts remain averse to them, and they are the outcasts of society. This is the punishment in this world, while the punishment in the Hereafter is very severe and eternal, as Allah has clarified in the Quran.
◈ All this is because the earnings from usury are impure, forbidden, and harmful, and they are a heavy burden on human society.
Rules of Sale of Properties
◈ The term "properties" refers to the sale of houses, lands, and trees. At the time of buying and selling these items, any items that are attached to them will also be included for the buyer, while items that are not attached will remain the property of the seller (even after the sale). In this regard, it is essential for both the buyer and the seller to understand their rights and what is not theirs, so that there is no dispute or conflict.
◈ It is clear that in matters where there is benefit or harm for us, Islam has not left us in the dark, but has provided clear guidance. When a community adheres to Islamic rulings, their disputes and disagreements will come to an end. Among these rulings are the rules of sale.
◈ Sometimes a person sells an item, and certain things are not included in that sale, leading to disputes between the seller and the buyer, which can result in arguments. Therefore, the esteemed jurists establish a chapter in Islamic jurisprudence titled "Issues of Sale of Principles". Here, we present a summary of these issues.
What is Included in the Sale of a House?
✔ If a person sells a house, then the following are included in that sale:
* The walls and the roof, as these constitute the house.
* Items that complete the house, such as:
◈ Electrically installed doors
◈ Stairs
◈ Shelves attached with nails
* Essential items of the house, such as:
◈ Electrically installed appliances
◈ Hanging chandeliers
◈ Water tank
◈ Water supply pipes
◈ Exhaust fan
◈ Geyser
◈ Trees and plants installed in the house
◈ Items made for shade, etc.
* Additionally, if there are solid minerals beneath the land of the house, they will also become the property of the buyer.
✿ Items that are not included in the house but are considered separate will not be part of the sale of the house, for example:
* Firewood
* Ropes
* Utensils
* Carpets
* Any item buried in the ground for safekeeping (such as precious stones, treasure, etc.)
However, the key/lock will be included in the sale.
What is Included in the Sale of Land/Garden?
✔ When someone sells land, the items that are attached to the land will also be included in the sale, for example:
* Plants
* Trees
* Buildings
✔ If someone sells a garden, this sale will include:
* The land of the garden
* Trees
* Fences
* And rooms present in the garden.
The Ruling on Crops Present in the Land
① If there is a crop in the land that is harvested once a year (for example: wheat, barley, etc.), then that crop will belong to the seller, thus the sale will not apply to the crop.
② If there is a crop that is harvested more than once a year (for example: green fodder) or one that is picked multiple times a year (for example: cucumbers, eggplants, etc.), then that crop will also belong to the buyer along with the land; however, any vegetable/fruit that can be picked at the time of sale will be picked by the seller, after which it will belong to the buyer.
Ruling in Case of a Condition
◈ The details mentioned above regarding some items remaining with the seller and some being handed over to the buyer apply when there is no condition between the seller and the buyer. If a condition is established regarding something, then that item will go to the one for whom the condition was made, not to the other, and fulfilling the condition is obligatory.
The Messenger of Allah ﷺ said: "المُسْلِمُونَ عَلَى شُرُوطِهِمْ"
"Muslims are bound by mutual conditions."
Reference: Jami` at-Tirmidhi, Al-Ahkam, Chapter on What Has Been Mentioned About the Messenger of Allah ﷺ Regarding Reconciliation Among People, Hadith 1352
The Ruling on Date Palm Trees, Pollination, and Fruit
◈ Whoever sells a date palm tree after it has been pollinated, the fruit will belong to the seller, unless the buyer stipulates otherwise.
The Messenger of Allah ﷺ said: "مَنْ ابْتَاعَ نَخْلًا بَعْدَ أَنْ تُؤَبَّرَ فَثَمَرَتُهَا لِلْبَائِعِ إِلَّا أَنْ يَشْتَرِطَ الْمُبْتَاعُ"
"Whoever sells a date palm tree after pollination, its fruit belongs to the seller unless the buyer stipulates otherwise."
Reference: Sahih al-Bukhari, Al-Musaqat, Chapter on A Man Having a Passage or Water in a Garden or in Date Palms, Hadith 2379; Sahih Muslim, Al-Buyu`, Chapter on Whoever Sold a Date Palm with Dates on It, Hadith 1543 and the wording is his
[6]. In date palms, there is one male tree and one female; the male flowers (for the purpose of pollination) are applied to the female (sprinkling) which is called pollination (Urdu Dictionary Karachi)
◈ If the fruits of grape, mulberry, and pomegranate trees ripen, the ruling is the same as that of the date palm tree, meaning they belong to the seller.
◈ If a sale occurs before the appearance of fruit on the date palm tree and the vine of grapes, then the fruit belongs to the buyer. This is the meaning of the narration regarding the date palm tree, and analogy also demands this.
The Wisdom of Shari'ah and the Resolution of Disputes
◈ This detail clearly demonstrates the perfection of Islamic Shari'ah in how it resolves people's difficulties. It grants every rightful owner their due right, and there is no oppression or injustice towards others. This Shari'ah is from the Wise and Praiseworthy Being who knows what is beneficial and harmful for His servants in every time and place.
Allah the Exalted says: ﴿يـٰأَيُّهَا الَّذينَ ءامَنوا أَطيعُوا اللَّهَ وَأَطيعُوا الرَّسولَ وَأُولِى الأَمرِ مِنكُم فَإِن تَنـٰزَعتُم فى شَىءٍ فَرُدّوهُ إِلَى اللَّهِ وَالرَّسولِ إِن كُنتُم تُؤمِنونَ بِاللَّهِ وَاليَومِ الءاخِرِ ذٰلِكَ خَيرٌ وَأَحسَنُ تَأويلًا ﴿٥٩﴾... سورة النساء
Reference: An-Nisa: 59
"O you who have believed, obey Allah and obey the Messenger (ﷺ) and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result."
◈ The resolution of disputes and conflicts among people, the realization of interests, and the tranquility of the faithful souls cannot be achieved without adhering to the commands and decisions of Allah and His Messenger ﷺ, because human systems are incapable of solving human issues and are influenced by desires and disputes.
Allah the Exalted states: ﴿وَلَوِ اتَّبَعَ الحَقُّ أَهواءَهُم لَفَسَدَتِ السَّمـٰوٰتُ وَالأَرضُ وَمَن فيهِنَّ... ﴿٧١﴾... سورة المؤمنون
Reference: Al-Mu'minun: 71
"If the truth had followed their desires, the heavens and the earth and whoever is in them would have been corrupted."
◈ Destruction is for those minds and hearts that abandon the law of Allah and His Messenger ﷺ and adopt the laws made by humans.
The command of Allah, the Exalted, is: ﴿ أَفَحُكمَ الجـٰهِلِيَّةِ يَبغونَ وَمَن أَحسَنُ مِنَ اللَّهِ حُكمًا لِقَومٍ يوقِنونَ ﴿٥٠﴾... سورة المائدة
Reference: Al-Ma'idah: 5/50
"Do they seek the judgment of ignorance? And who is better than Allah in judgment for a people who are certain?"
◈ We ask Allah, the Exalted, to support His religion and elevate His word, and to protect the Muslims from the deceit and plots of their enemies. Indeed, He is the All-Hearing, the All-Accepting.
Sale of Fruits and Similar Items
◈ The term "fruits" refers to those fruits that grow on trees and are consumable. Their rulings are as follows:
Condition of Selling Only the Fruit on the Tree
✔ When only the fruit attached to the trees is sold (without including the trees), it is necessary for the validity of the contract that the ripeness of the fruit has become evident; otherwise, the sale is not permissible, because the Messenger of Allah ﷺ prohibited the sale of fruit before its ripeness was evident, and both the seller and the buyer were forbidden.
Reference: Sahih al-Bukhari, Al-Buyu, Chapter on Selling Fruit Before Its Ripeness Becomes Evident, Hadith 2194; Sahih Muslim, Al-Buyu, Chapter on Prohibition of Selling Fruit Before Its Ripeness Becomes Evident Without the Condition of Cutting, Hadith 1534
◈ It is narrated in the two Sahihs: "أَنَّهُ نَهَى عَنْ بَيْعِ الثَّمَرَةِ حَتَّى يَبْدُوَ صَلَاحُهَا وَعَنْ النَّخْلِ حَتَّى يَزْهُوَ قِيلَ وَمَا يَزْهُو قَالَ يَحْمَارُّ أَوْ يَصْفَارُّ "
"The Prophet ﷺ prohibited trading until the fruit's ripeness becomes evident and until the dates grow. It was asked: What does 'grow' mean? He replied: It becomes red or yellow."
Reference: Sahih al-Bukhari, Al-Buyu, Chapter on Selling Palm Trees Before Their Ripeness Becomes Evident, Hadith 2197; Sahih Muslim, Al-Buyu, Chapter on Placing Restrictions, Hadith 1555
◈ It is clear from both of these hadiths that the sale of fruit before its ripeness becomes evident is not valid.
Farming/Grains: Prohibition of Sale Before the Grain Becomes Hard
✔ The sale of crops is also not permissible before the grain becomes hard, because it is narrated from Sayyidina Ibn Umar رضي الله تعالى عنه in Sahih Muslim: "لأن النبي صلّى الله عليه وسلّم نهى عن بيع النخل حتى يزهو، وعن بيع السنبل حتى يبيض ويأمن العاهة نهى البائع والمشتري"
"The Messenger of Allah ﷺ prohibited the sale of dates hanging on trees unless they become ripe, and he prohibited the sale of wheat and similar crops unless they turn white and there is no danger of calamity befalling them. In this regard, he prohibited both the seller and the buyer."
Reference: Sahih Muslim, Al-Buyu', Chapter on the prohibition of selling fruit before it shows signs of ripeness without the condition of cutting, Hadith 1534; Sahih al-Bukhari, Al-Buyu', Chapter on selling fruit before it shows signs of ripeness, Hadith 2198
The Wisdom of Prohibition and the Teaching of Wealth Protection
◈ The wisdom behind the prohibition of sale before the signs of ripeness appear or the grain becomes hard is that during this time, generally, storms and calamities occur, and most fruits get spoiled.
The Prophet ﷺ explained: "أَرَأَيْتَ إِذَا مَنَعَ اللَّهُ الثَّمَرَةَ، بِمَ يَأْخُذُ أَحَدُكُمْ مَالَ أَخِيهِ"
"Just tell me! If Allah Almighty withholds the fruits, will any of you take his brother's wealth in exchange for something?"
Reference: Sahih al-Bukhari, Al-Buyu', Chapter on Selling Fruits Before They Ripen..., Hadith 2198
◈ This prophetic instruction emphasizes compassion and kindness towards people, the protection of wealth, and the cessation of mutual disputes and conflicts that can lead to enmity and hatred.
◈ This narration serves as a warning and admonition for those who seize people's wealth through deceitful means, and it encourages Muslims to safeguard their wealth and not let it go to waste.
◈ From this, a principle of jurisprudence emerges that the ruling depends on general and majority circumstances; since before correctness there is generally a greater risk of loss, selling is prohibited, and after correctness, it generally remains intact, thus making sale permissible.
◈ It is also understood that putting wealth at risk is not permissible, even if the wealth is exchanged for wealth, when the outcome is uncertain.
◈ This ruling (prohibition) applies when only the sale of fruits on the tree is involved and the condition is that the fruits will not be harvested yet. However, if the sale of the fruits includes the tree or if the mentioned condition is not present, then it is permissible (even before the fruits are harvested). The jurists have outlined three scenarios:
① Sale of Fruits with the Tree
✔ The sale of fruits with the tree is permissible before the harvest is evident, because the fruits will be sold in conjunction with the tree. Similarly, selling a green crop along with the land is also permissible; the crop will be sold in conjunction with the land.
② Selling to the Owner of the Original
✔ If the tree or crop is sold to the owner of the original (tree/land) before the harvest/fruiting, this is also permissible, because the buyer has completed the payment as he has become the owner of the original, and the existing item (fruits/grain) also falls under his ownership.
◈ It should be noted that there is a difference of opinion among scholars regarding the permissibility of this scenario; some include it in the general prohibition.
③ Condition of Immediate Cutting/Harvesting
✔ If the sale is made on the condition that the fruits will be harvested immediately, it is permissible, but only if it is possible to benefit from them right after harvesting, because the reason for prohibition was the fear of loss.
✿ If it is known that the fruits will not be beneficial even after immediate harvesting, then the sale will be invalid, because there is a risk of loss of property, and the Prophet ﷺ prohibited wasting wealth.
Crops Harvested Multiple Times in a Year
✔ It is permissible to sell the current and future harvest of fruits/vegetables that are harvested multiple times in a year together, for example: vegetables, cucumbers, eggplants, etc. Although there is a difference of opinion among scholars, the correct view according to us is permissibility. Both Sheikh al-Islam Ibn Taymiyyah رحمه الله and Allama Ibn Qayyim رحمه الله are of the opinion that it is permissible.
Reference: Majmu' al-Fatawa of Sheikh al-Islam Ibn Taymiyyah رحمه الله 29/484; A'lam al-Muwaqqi'in 2/29
Loss of Fruits Due to Natural Calamities
◈ If fruit that is permissible to sell is sold while still on the tree, and before the buyer can harvest it, a calamity occurs that is beyond human control (for example: a storm, extreme heat, drought, excessive rain, severe cold, locusts, etc.), and so much fruit is lost that the buyer cannot obtain anything, then the buyer will demand a refund of the price from the seller, because it is narrated by Sayyidina Jabir رضي الله تعالیٰ عنہ that: "أَمَرَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ بِوَضْعِ الجَوَائِحِ"
"The Prophet ﷺ ordered that losses due to a natural calamity be forgiven."
Reference: Sahih Muslim, Al-Musaqat, Chapter on the Removal of Calamities, Hadith 1554 (after Hadith 1555)
◈ From this, it is understood that the lost fruit remains the property of the seller, therefore the price is not the responsibility of the buyer.
✔ If all the fruit is destroyed, the full price will be refunded.
✔ If some is destroyed, the amount lost will be refunded, because the hadith is general.
Moreover, the Messenger of Allah ﷺ said: "بِمَ تَأْخُذُ مَالَ أَخِيكَ بِغَيْرِ حَقٍّ"
"Why do you unlawfully take your brother's wealth?"
Reference: Sahih Muslim, Al-Musaqat, Chapter on the Removal of Calamities, Hadith 1554
◈ If there is a minor loss, it will be the responsibility of the buyer rather than the seller, as this generally occurs and is not considered a calamity in customary terms (for example: being eaten by birds or falling to the ground, etc.). Some scholars have defined the limit of minor loss as "less than severe," but it is more appropriate and correct that there be no fixed limit, rather that customary practice be considered valid, as there is no evidence for limitation.
◈ According to some scholars, the reason for the seller's responsibility is that the buyer's possession of the fruit on the tree is incomplete, as if possession had not occurred at all, thus he is not responsible for the loss.
◈ The above scenario was regarding a natural calamity. If the loss of fruit occurs due to the actions/negligence of a person (for example, setting it on fire), then the buyer has the option to:
① Cancel the sale and take the money from the seller, and the seller can seek compensation from the one who caused the loss.
② Or maintain the sale, and the buyer can seek compensation from the one who caused the loss.
Signs of Fruit Ripening
◈ The signs of ripeness/preparation for fruits other than dates vary:
* Grapes: They should become black when ready to ripen. The narration of Sayyidina Anas رضي الله تعالیٰ عنہ states: "أن النبي صلى الله عليه وسلم نهى عن بيع العنب حتى يسود"
"The Prophet ﷺ prohibited the sale of grapes until they become black."
Reference: Sunan Abi Dawood, Al-Buyu', Chapter on Fruits Before Their Ripening Appears, Hadith 3371; Musnad Ahmad 3/221
* Apples, Watermelons, Pomegranates, Apricots, Walnuts: They should be ripe and have a correct taste. It is mentioned in a Hadith: "أن النبي صلى الله عليه وسلم نهى عن بيع العنب حتى يسود"
"The Prophet ﷺ prohibited the sale of fruits until they become tasty."
Reference: Sahih al-Bukhari, Al-Buyu', Chapter on Selling Fruits at the Tops of Date Palms for Gold or Silver, Hadith 2189; Sahih Muslim, Al-Buyu', Chapter on Prohibition of Selling Fruits Before Their Ripening Appears Without Cutting Condition, Hadith 1536
* Cucumbers: They should become edible.
* Grains: The grain should become hard and white; this is the standard set by Rasulullah ﷺ.
Items Related to Sold Goods
◈ Here, the items that are associated with the sold item are mentioned, meaning the buyer has rights over them, unless the seller excludes them by stipulation.
✔ Whoever sold a slave or an animal then:
* The sale of a slave will include the garments that are customarily worn by him.
* In the sale of an animal, the bridle, the halter, and the attached hooves will also be included, as these items are considered part of the customary understanding.
✿ Anything that is not included in the customary understanding and is not necessary for the sold item will not be included, for example: the slave's wealth or decorative garments.
The Messenger of Allah ﷺ said: "مَنْ ابْتَاعَ نَخْلًا بَعْدَ أَنْ تُؤَبَّرَ فَثَمَرَتُهَا لِلْبَائِعِ إِلَّا أَنْ يَشْتَرِطَ الْمُبْتَاعُ"
"Whoever buys a slave who has wealth, then his wealth will belong to the seller unless the buyer stipulates otherwise."
Reference: Sahih al-Bukhari, Al-Musaqat, Chapter on a man who has a garden or drinks in a garden or in date palms, Hadith 2379; Sahih Muslim, Al-Buyu, Chapter on whoever sells a date palm that has dates, Hadith 1543
◈ It is clear that wealth is something beyond a slave; therefore, it will not be included in the sale of the slave. Its example is like someone who has two slaves and sells one of them. The slave and the wealth belong to the master; when the slave is sold, the wealth will remain with the master.
✔ If the buyer has stipulated wealth along with the slave in the sale, then the wealth will also be included, because the Prophet ﷺ said: "إِلَّا أَنْ يَشْتَرِطَ الْمُبْتَاعُ"
"If the buyer stipulates, then it is valid."
Reference: Sahih al-Bukhari, Hadith 2379; Sahih Muslim, Hadith 1543
Statement on Sale of Salam
◈ The sale of Salam is also referred to as the sale of Sals, in which the price is paid in cash and the item is deferred. The jurists have defined it as follows: "موصوف في الذمة مؤجل بثمن مقبوض في مجلس العقد"
"This is a contract in which an item is agreed upon in exchange for a cash payment made at the time of the contract, with the characteristics determined by the seller and a known and specified duration."
◈ In light of the Quran, Sunnah, and consensus, the sale of Salam is permissible.
Allah the Exalted says: ﴿يـٰأَيُّهَا الَّذينَ ءامَنوا إِذا تَدايَنتُم بِدَينٍ إِلىٰ أَجَلٍ مُسَمًّى فَاكتُبوهُ...﴿٢٨٢﴾... سورةالبقرة
Reference: Surah Al-Baqarah: 2/282
"O you who have believed! When you contract a debt for a specified term, write it down."
Saidna Ibn Abbas رضي الله عنه said:
"I bear witness that the sale of Salam (forward sale), which has a specified term, has been made lawful by Allah the Exalted (in the Holy Quran), and He has permitted it." Then he recited the above verse.
Reference: Tafsir al-Tabari 3/117, Hadith 4947; Al-Mustadrak by Al-Hakim 2/314, Hadith 3130
Saidna Ibn Abbas رضي الله عنه states: When the Messenger of Allah ﷺ arrived in Medina, the people of Medina used to engage in the sale of fruits on a Salam basis for two or three years, and he ﷺ said: "مَنْ أَسْلَفَ فِي شَيْءٍ ، فَفِي كَيْلٍ مَعْلُومٍ وَوَزْنٍ مَعْلُومٍ إِلَى أَجَلٍ مَعْلُومٍ "
"Whoever engages in a Salam sale must do so with a specified measure and a specified weight for a determined period."
Reference: Sahih al-Bukhari, Al-Salam, Chapter on Salam in Known Weight, Hadith 2240
◈ It is clear from this that the sale of Salam is permissible with the mentioned conditions. Ibn Mundhir رحمه الله and others have reported the consensus of scholars on its permissibility, and people also find it necessary, as it allows the seller to receive the price and the buyer to obtain the goods at the time of need.
Conditions of Salam Sale
① The specification of the subject matter in the contract must be clear with its attributes, so that the type, kind, and quantity are evident; otherwise, disputes will arise. Salam is not permissible for items with differing attributes, such as vegetables, leather, various utensils, and gems, etc.
② The type and kind of the item must be stated, for example: the type of rice and the category "Basmati."
③ The measurement, weight, and dimensions of the item must be mentioned, as stated in the narration.
④ The payment period must be specified. The evidence is the saying of the Prophet ﷺ: "إِلَى أَجَلٍ مَعْلُومٍ"
Reference: Sahih al-Bukhari, Hadith 2240; Jami` at-Tirmidhi, Al-Buyu`, Chapter on What Has Been Narrated Regarding Salam in Food and Fruits, Hadith 1311
and Allah Almighty's statement: ﴿يـٰأَيُّهَا الَّذينَ ءامَنوا إِذا تَدايَنتُم بِدَينٍ إِلىٰ أَجَلٍ مُسَمًّى فَاكتُبوهُ...﴿٢٨٢﴾... سورةالبقرة
Reference: Al-Baqarah: 2/282
⑤ The type must be available during the payment period, so that payment can be made at the specified time; otherwise, salam is not permissible; for example, the payment for fresh grapes should not be set for the winter season.
⑥ The price fixed in the meeting must be paid in full in cash. In the hadith: "فَلْيُسْلِفْ" meaning to make the payment.
Reference: Sahih al-Bukhari, Hadith 2240; Jami` at-Tirmidhi, Hadith 1311
Imam Shafi`i رحمه الله states that as long as the buyer does not pay the full amount before leaving the contract meeting, it cannot be called salam; otherwise, the sale of a debt will occur with a debt, which is unlawful.⑦ The subject matter of the salam should not be specifically determined but rather be the responsibility of the seller; for this reason, salam is not permissible for a specific house or tree, as a specific item may perish before payment.
✔ It is preferable that the payment of the salam be made at the place of the contract, and if that is not possible (for example, if the contract was made in a forest or sea), then it is necessary to determine a place for payment. In case of a dispute, the place of the contract will be the location, provided that payment is possible there.
Prohibition of Forward Sale Before Taking Possession in Salam Sale
◈ In a Salam sale, the buyer cannot sell the goods before receiving them, because it is stated in the Hadith: "لأن النبي صلى الله عليه وسلم نهى عن بيع الطعام قبل قبضه"
"The Messenger of Allah ﷺ prohibited the sale of food items until they are in one's possession."
Reference: Al-Mu'jam Al-Kabir by Al-Tabarani 11/12, Hadith 10875
◈ In a Salam sale, delegation is not permissible, meaning the seller cannot tell the buyer to receive the goods from someone else instead of from him; this is prohibited because delegation is established in a debt, whereas in Salam there is a possibility of cancellation.
Ruling if the Commodity is Not Available at the Specified Time
◈ One ruling of Salam sale is that if the commodity is not available at the specified time, for example, if the delivery of fruits was due but no fruits were produced that year, then the buyer may:
* Wait for one year until the seller has the fruits, and then demand them, or
* Cancel the sale and take back his money.
If the money has been lost/spent, then compensation should be paid in its place.
◈ The permissibility and legality of Salam transactions is a facilitation and benefit for people from the Shari'ah, and this transaction is free from usury and prohibitions.
Meaning and Reality of Loans
◈ The literal meaning of loan is "to cut," because the lender cuts a portion from his wealth and gives it to the borrower, hence it is called a loan.
◈ The Shari'ah meaning of loan: "To give someone wealth so that he benefits from it and returns its equivalent at a specified time."
◈ A loan is an act of cooperation and compassion. The Prophet ﷺ has declared it a "gift" which the debtor benefits from and returns to the lender.
Virtue of Giving Loans
◈ Giving a loan to someone is commendable and carries great reward. The Messenger of Allah ﷺ said: "مَا مِنْ مُسْلِمٍ يُقْرِضُ مُسْلِمًا قَرْضًا مَرَّتَيْنِ إِلَّا كَانَ كَصَدَقَتِهَا مَرَّةً"
"When a Muslim gives a loan to another Muslim twice, it is considered equivalent to a single act of charity in the sight of Allah."
Reference: Sunan Ibn Majah, Al-Sadaqat, Chapter on Loans, Hadith 2430
◈ It is also said that a loan is better than charity because a loan is always taken by someone in need. In a Sahih Hadith, it is stated: "مَنْ نَفَّسَ عَنْ مُؤْمِنٍ كُرْبَةً مِنْ كُرَبِ الدُّنْيَا نَفَّسَ اللَّهُ عَنْهُ كُرْبَةً مِنْ كُرَبِ يَوْمِ الْقِيَامَةِ"
"Whoever alleviates the troubles of a person in this world, Allah will alleviate his troubles on the Day of Resurrection."
Reference: Sahih Muslim, Al-Dhikr wa Al-Dua, Chapter on the Virtue of Gathering for the Recitation of the Qur'an and Remembrance, Hadith 2699
◈ Giving a loan is a good deed, as the purpose is to relieve a Muslim's hardship and fulfill their needs.
◈ Taking a loan is permissible and not considered Makruh in Sharia, as the Prophet ﷺ himself took loans.
Conditions for the Validity of a Loan
① A loan should be given by a person who is capable of giving that wealth as charity; therefore, it is not permissible for a guardian of an orphan to give a loan from the orphan's wealth.
② The amount and nature of the loaned wealth must be known so that the debtor can return the same type of item.
③ The loan becomes a debt upon the debtor; it is obligatory for them to repay it without delay when they have the ability to do so.
Conditional Increase on a Loan is Usury
◈ It is forbidden for a lender to impose the condition on the borrower that they must pay back more than the principal amount at the time of repayment. Scholars have unanimously declared this to be usury (riba).
◈ Therefore, the loans that banks provide today, whether for personal needs or for profitable ventures, are given on the condition of taking more money from the borrower—this is outright usury. Whether the condition is set by the bank or by an individual/company, it is still usury, regardless of what name is given to it, such as: profit, benefit, or gift, etc.
It is narrated in a Hadith: "كُلُّ قَرْضٍ جَرَّ مَنْفَعَةً فَهُوَ رِبًا"
"Any loan that brings profit is usury."
Reference: Kanz al-Ummal 6/238, Hadith 15516; this Hadith is weak, see Irwa al-Ghalil 5/235-236, Hadith 1398
It is narrated from Sayyidina Anas رضي الله عنه that the Messenger of Allah ﷺ said: "إِذَا أَقْرَضَ أَحَدُكُمْ قَرْضًا فَأَهْدَى لَهُ أَوْ حَمَلَهُ عَلَى الدَّابَّةِ فَلَا يَرْكَبْهَا وَلَا يَقْبَلْهُ إِلَّا أَنْ يَكُونَ جَرَى بَيْنَهُ وَبَيْنَهُ قَبْلَ ذَلِكَ "
"When someone gives a loan to another, if the borrower gives any gift to the lender or rides him on an animal in return, then the lender should not ride or accept the gift unless such dealings were customary between them before the loan."
Reference: Sunan Ibn Majah, Sadaqat, Chapter on Loans, Hadith 2432
It is narrated from Hazrat Abdullah bin Salam رضي الله عنه: "إِذَا كَانَ لَكَ عَلَى رَجُلٍ حَقٌّ ، فَأَهْدَى إِلَيْكَ حِمْلَ تِبْنٍ أَوْ حِمْلَ شَعِيرٍ أَوْ حِمْلَ قَتٍّ فَلَا تَأْخُذْهُ ، فَإِنَّهُ رِبًا "
"When a person has a right over you, if he gives you a bundle of straw as a gift, do not accept it because it is usury."
Reference: Sahih al-Bukhari, Manaqib al-Ansar, Chapter on the Virtues of Abdullah bin Salam رضي الله عنه, Hadith 3814
◈ This narration is considered to have a raised status.
◈ In light of these narrations, the lender should not accept any kind of gift or benefit from the borrower due to the loan, as prohibition has been established. The purpose of lending is to assist and to earn reward from Allah. If someone conditions the loan on receiving more than what was lent or shows greed in taking more, then the purpose of lending is nullified, and it is no longer a loan.
◈ Every Muslim should avoid what is forbidden. When lending, the intention should be purely for reward; the goal is not to increase wealth but to fulfill the needs of the needy and to gain divine reward and closeness by receiving it back. If these objectives are present, Allah will bless the lender's wealth and increase it.
◈ It is important to note that taking more at the time of repayment is prohibited if a condition was set when lending, for example:
* "I lend you on the condition that you will return a greater amount."
* Or "You must provide your house for me to live in until the loan is repaid."
* Or "You must give me your shop."
* Or "You must gift me such and such item."
* Or any condition that is not verbally stated but is desired/greedily held in the heart.
All of these are forbidden.
حسنِ قضاء (Good Conduct in Repayment)
✔ If a debtor returns more than the borrowed amount purely out of a sense of gratitude and appreciation, there is no harm in it; rather, it is included in the excellence of repayment, as it has been narrated that the Messenger of Allah ﷺ purchased a camel on credit and repaid with a better camel, and said: "خَيْرِكُمْ أَحْسَنَكُمْ قَضَاءً" "The best among you is the one who repays in the best manner."
Reference: Sahih al-Bukhari, Al-Istiqrad, Chapter on Borrowing Camels, Hadith 2390; Sahih Muslim, Al-Musaqat, Permissibility of Borrowing Animals, Hadith (122) 1600
◈ This act is considered good manners both in customary and religious terms, and it is not usury, because there was no condition from the lender's side, nor was it previously agreed upon; rather, the debtor gave willingly.
✔ Similarly, if the debtor gives a gift or provides a benefit to the lender before taking the loan, the lender can accept it as usual after the loan is given; there is no prohibition in this.
The Condemnation of Delay in Repaying Debt
◈ It is obligatory for the debtor to repay the lender in a good manner at the time of ability and not to procrastinate.
Allah, the Exalted, says: ﴿هَل جَزاءُ الإِحسـٰنِ إِلَّا الإِحسـٰنُ ﴿٦٠﴾... سورة الرحمٰن
Reference: Ar-Rahman: 55/60
"What is the reward for good, except good?"
◈ Some people are generally negligent in fulfilling the rights of others, and particularly in matters of loans; this is a highly reprehensible trait. As a result, many people hesitate to lend money, and do not deal generously with the needy. When a benevolent lender is not found, people turn to usurious banks and become involved in forbidden transactions, because they cannot find someone to lend to the needy, and the lender cannot find a debtor who will repay well, thus diminishing the practice of kindness.
ھذا ما عندی والله اعلم بالصواب
