بسم الله الرحمن الرحيم

Kitab Al-Buyoo' (Fiqh Al-Muyassar) Lesson 1 Notes (29 Jumada Al-Awwal 1446 H - 1/12/24) After completing the 1st section of Fiqh (قسم العبادات), we move onto the next section (المعاملات) The fiqh of transactions/dealings. كتاب المعاملات The book of transaction - There are different types of transactions, but the focus in this chapter is on financial transactions (المعاملات المالية). DEFINITIONS: - The term مال (wealth) is broader than just coins and paper money. The fuqaha define it as: (كلُّ عينٍ مباحةُ النفعِ) "Any TANGIBLE item with a permissible benefit" - This includes items such as food, drink, clothing, tools, land, animals, slaves, and other tangible goods that have permissible benefit. - What is intended by financial transactions? هي المعاملات التي يقصد بها الحصول على المال الحلال عن طريق الكسب والتجارة. Financial transactions are activities undertaken to obtain lawful earnings through WORK and TRADE. IMPORTANCE: - This section is particularly relevant to us because all of us engage in some form of transaction, whether daily or at least monthly. From purchasing essentials like milk and bread to topping up electricity and gas or paying for transportation like trains and buses, these are everyday examples of transactions that most of us commonly engage in. Therefore, this chapter is not solely for those who run a business; it is valuable and beneficial to all of us. - The Sharī‘ah has established rules and principles to govern these transactions. Without these regulations, significant disputes and widespread corruption would have occurred among people. _________ This Book covers 23 subchapters, however, it's possible to categories these subchapters into 4 main categories: 1⃣. Compensatory Transactions (المعاوضات): These transactions are conducted with the purpose of earning profit, gain. 2⃣. Charitable Transactions (التبرعات): These involve acts of kindness and assistance, such as donations, endowments, and interest-free loans. 3⃣. Partnership Transactions (الشركات): These are arrangements based on mutual participation between two or more parties in sharing profits and losses, such as المضاربة (profit-sharing), المساقاة (crop irrigation agreements), and المزارعة (land cultivation agreements). 4⃣. Collateral Transactions (التوثيقات): These transactions are intended to secure and guarantee rights, such as pledges (الرهن), guarantees (ضمان), and safekeeping deposits (وديعة). _________ الباب الأول: في البيوع This section addresses some introductory topics related to buying and selling, including the definition, ruling, essential pillars, conditions, prohibited types of transactions, and other related matters. The primary goal of this subchapter is to differentiate between permissible and prohibited sales transactions. _________ المسألة الأولى: تعريف البيع وحكمه Definition of البيع and its ruling: Linguistically: أخذُ شيءٍ وإعطاءُ شيءٍ. Taking something and giving something (in return) NOTE: The term "بيع" is an autoantonym that can refer to both selling and buying; it is said "باع" when one is the seller and "ابتاع" when one is the buyer. https://t.me/madrasatuna/1306 BENEFIT: "The word 'بيع' is derived from 'باع' (which is the distance between a person's two hands when they are extended sidewards), The two arms symbolise the two parties reaching out to one another during the act of buying and selling. The seller (البائع) extends their arm to offer the item, while the buyer (المشتري) extends theirs to pay the price. _____ Legislatively مُبادلةُ مالٍ بمالٍ وَلَوْ في الذِّمَّةِ، أو منفعةٍ بمثلِ أحدِهما على التأبيدِ، غير ربا ولا قرض. The exchange of tangible wealth for tangible wealth, even if in liability (debt), or a service for one of them on a permanent basis, excluding interest (riba) and loans. BREAKDOWN OF THE DEFINITION: 1. A sales contract involves (مبادلة), which means exchanging/trading one thing for another.