7⃣. كل معاملة تتضمن الضرر فحرام
27 November 2025 • 479 views
Any transaction involving harm is prohibited
Examples include:
- Selling an animal intentionally kept unmilked to deceive the buyer about its milk production (المُصرّاة) – if returned, it must be returned with a (صاع) of dates.
- Engaging in artificially inflating the price of goods to deceive buyers (النجش)
- Intercepting traders before they reach the market (تلقي الركبان)
- A local resident selling on behalf of a rural trader (بيع الحاضر لبادٍ).
- Placing high-quality goods on top while hiding defective goods underneath.
- Hoarding goods by withholding them until they are in high demand (الاحتكار)
- Selling over the sale of another Muslim.
- Purchasing over the purchase of another Muslim.
8⃣. كل معاملة تتضمن بيع ما لا نفع فيه
Any transaction that involves the sale of something that has no benefit is prohibited
Examples include:
- Selling impurities
- Selling insects
9⃣. كل معاملة تتضمن بيع ما لا يُملك فحرام
Any transaction that involves the sale of something that is not owned is prohibited
Examples include:
- Selling something you do not own
- Selling something that has not come under your possession
- Selling
- Selling shared natural resources such as water, pasture and fire.
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NOTE: Some prohibited sales may come under multiple principles!
NOTE: Not every prohibited sale is necessarily invalid!
As for the principle:
النهي يقتضي الفساد
'Prohibition implies invalidity,' the correct understanding is: if the prohibition applies to the ESSENCE of what is prohibited or to its CONDITION, it is considered invalid. But if the prohibition applies to an EXTERNAL MATTER that does not relate to the essence or condition of what is prohibited, it is not considered invalid.
An example of a prohibition related to the ESSENCE: The prohibition of selling dogs.
An example of a prohibition related to its CONDITION: The sale of a fetus is prohibited because knowing the details of the item being sold is a requirement for a valid sale. Consequently, such a sale is invalid as the prohibition pertains to this condition.
An example of a prohibition related to an EXTERNAL MATTER: The prohibition of deception. If a person sells something with deception, the sale is not invalid because the prohibition does not apply to the essence of the sale or its condition.
BENEFIT: Sheikh Al-Islam Ibn Taymiyyah raḥimahullāh said: "As for what is acquired through an invalid contract, such as usury, gambling, and similar transactions, does it transfer ownership? There are three opinions among the scholars...The third opinion is that if the item cannot be returned, ownership is transferred, but if it can be returned to its owner without any change in its description or value, ownership is not transferred, and this is the view attributed to the school of Malik." [Majmu' Al-Fatawa (29/327)]
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Examples of Prohibited Sales Mentioned in the Book
1⃣. البيع والشراء بعد أذان الجمعة
Buying and Selling After Adhan of Jumu'ah.
It is not permissible to engage in buying or selling for those obligated to attend the Jumu'ah prayer once the 'second' adhan is made. This is based on the Āyah:
﴿یَـٰۤأَیُّهَا ٱلَّذِینَ ءَامَنُوۤا۟ إِذَا نُودِیَ لِلصَّلَوٰةِ مِن یَوۡمِ ٱلۡجُمُعَةِ فَٱسۡعَوۡا۟ إِلَىٰ ذِكۡرِ ٱللهِ وَذَرُوا۟ ٱلۡبَیۡعَ﴾
"O you who have believed, when [the call] is made for prayer on the day of Friday, then proceed to the remembrance of Allah and leave trade." [Surah Al-Jumuʿah: 9]
Here, Allāh commands abandoning trade during this time.
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2⃣. بيع الأشياء لمن يستعين بها على معصية الله أو يستخدمها في المحرمات
Selling Items to Be Used in Sin or Prohibited Activities
It is impermissible to sell items to individuals who intend to use them in acts of disobedience to Allah or for prohibited purposes. Examples include:
- Selling juice to someone who will use it to make intoxicants.
- Selling utensils to those who will use them for consuming alcohol.
- Selling weapons during times of discord among Muslims.