بسم الله الرحمن الرحيم

Kitāb Al-Buyoo’ (Fiqh Al-Muyassar) Lesson 4 Notes (13 Jumada Ath-Thani 1446 H - 14/12/24) Continuation... المسألة السادسة: البيوع المنهي عنها Prohibited Transactions TYPES OF SALES: Sales are classified into two main types: 1⃣. Permissible Sale (البيع المباح) This refers to a sale that meets the necessary conditions and pillars of a valid transaction while avoiding any prohibitions. This is the default type! 2⃣. Impermissible Sale (البيع المحرم) This refers to a sale that fails to meet the conditions required for a valid transaction. SIGNIFICANCE: Understanding prohibited sales is a crucial part in كتاب البيوع, as by determining which sales are prohibited and the reasons behind their prohibition, we can confirm that all other transactions adhere to the original rule of permissibility. BENEFIT: Prohibited sales are categorised into three types: 1⃣. Based on the item being sold (e.g., selling alcohol, carrion, pigs, and idols). 2⃣. Based on the time and place (e.g., selling after the Adhan of Jumu'ah or selling in the masjid). 3⃣. Based on the nature or description of the sale; this category includes most prohibited sales. NOTE: It is not possible to enumerate all forms of prohibited sales due to their large number and the emergence of new forms. However, by applying the nine principles for which these sales are prohibited, it becomes easier for us to recognise prohibited transactions. ________ Nine Principles to Determine Prohibited Sales 1⃣. كل معاملة تتضمن الربا فحرام Any transaction involving riba is prohibited. Examples include: - Any loan that generates a benefit - Credit cards - Commercial insurance 2⃣. كل معاملة تتضمن التحايل على محرم فحرام Any transaction involving deceit to circumvent prohibitions is itself prohibited. Examples include: - A sale and repurchase arrangement to disguise riba (بيع العينة) - Deliberately leaving the negotiation session to force the sale's conclusion (particularly if the transaction involves deceit). - Changing the names of prohibited items or actions 3⃣. كل معاملة تتضمن الغرر والجهالة فيما يُقصد فحرام Any transaction involving significant uncertainty or ambiguity regarding its main subject matter is prohibited. Examples include: - Selling the unborn offspring of an animal (بيع حبل الحبلة) - Charging for the mating services of a male animal (عَسْب الفحل) - types of sales based on tossing (المنابذة) or touching (الملامسة) items without proper inspection - Selling using pebbles (بيع الحصاة) - where the sale is concluded by throwing a pebble - Selling fruits before their ripeness is evident. - Selling runaway slaves, stray camels, fish still in water, birds in the air, or stolen goods (except to the thief or someone capable of recovering them). 4⃣. كل معاملة تتضمن بيع المحرَّم فحرام Any transaction involving the sale of prohibited items is itself prohibited. Examples include: - Selling dogs. - Selling impurities (najis) - Selling carrion, pigs, idols, - Selling musical instruments - Selling images of animate beings - Selling items proven to be harmful, such as drugs. 5⃣. كل معاملة مبنية على المخاطرة فحرام Every transaction based on excessive risk is prohibited Examples include: - Prohibition of competitions where both parties contribute a stake, except in three cases: - Horse racing - Camel racing - Archery - Selling items collection from a diving session without certainty of what will be recovered. (ضربة الغواص) - Selling spoils of war before they are distributed 6⃣. كل معاملة تتضمن التعاون على الإثم والعدوان فحرام Any transaction that involves cooperation in sin and transgression is prohibited. Examples include: - Selling grapes to someone who will use it to produce alcohol - Selling weapons during times of conflict among Muslims. - Selling items that assist disbelievers in celebrating their religious festivals. - Renting a house to someone who will use it to commit immoral acts - working as security in a bank - selling books of innovators