5. If the landowner enters into a Musāqāh or Muzāra‘ah agreement for a period sufficient for the fruit to mature, but the trees fail to bear fruit that year, the worker is not entitled to any share of
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الباب الثالث عشر: الشفعة والجوار
The Thirteen Subchapter: Pre-emption and Neighbouring Rights
المسألة الأولى: معناها وأدلة مشروعيتها
Definition and Evidence of Its Permissibility
DEFINITION
LINGUISTICALLY
لغة: مأخوذةٌ إما من الشفْع، وإما من الزيادة، وإما من الشفاعة.
Shuf’ah is derived either from "pairing," "increase, " or "intercession".
1. الشفْع - (pair)
because the pre-emptor (شفيع) "joins" the…
4. The worker must receive a specified (معلوم) and known share (مشاع) of the yield, such as one-third or one-fourth, rather than a fixed wage.
THEREFORE:
If the profit is not specified, such as if one were to say, "I engage you in a musāqāh contract in exchange for some of their fruit," this would be impermissible due to the ambiguity (جهالة) involved.
Similarly, if one were to say, "I engage you in a musāqāh contract in exchange for 100 kilograms of their fruit," this would also be invalid, as the share is not proportionally allocated (مشاع).
Further…
Kitāb Al-Buyoo’ (Fiqh Al-Muyassar)
Lesson 12 Notes
(2 Sha’bān 1446 H - 1/2/25)
Continuation...
الباب الثاني عشر: المزارعة والمساقاة
The 12th Subchapter: Sharecropping (Muzāra‘ah) and Irrigation Partnership (Musāqāh)
المسألة الأولى: معناهما وحكمهما
Their Definitions and Rulings
DEFINITIONS
Muzāra‘ah (Sharecropping):
المزارعة: دفع أرض لمن يزرعها، أو حب لمن يزرعه ويقوم عليه بجزء معلوم مشاع من الثمرة.
This…
BENEFIT: It is permissible to sublease the rented property during the rental period to another party for the same, a higher, or lower rent. This is because the tenant holds the right to utilise the re
3. The rental contract cannot be cancelled by either party without the consent of the other. If one party dies and the leased item remains, the contract is not void, and the heir will take their place.
NOTE: A lease contract is a binding agreement for both parties according to most scholar. Neither party has the right to terminate it once it has been validly concluded, free from any conditional clauses, defects, or…
Furthermore, there is a warning for those who do not pay the worker’s wages. Abu Hurairah reported that the Messenger of Allāh ﷺ said: “Allah said:
((ثلاثة أنا خصمهم يوم القيامة))
There are three people Who I will be their opponent on the Day of Judgment… and one of them is:
((رجلٌ استأجر أجيراً فاستوفى منه ولم يعطه أجره))
a man who hires a worker, benefits from his work, but does not pay him his due wage.” [Sahih al-Bukhari, 2227].
Ibn ’Umar (may Allāh be pleased with him) narrated that the Prophet ﷺ said:
((أعطوا الأجير أجره قبل أن يجف عرقه))
“Give the…
شركة الأبدان
In this type of partnership, the partners agree to share the profits from their physical labour in permissible activities such as gathering, hunting, mining, or collecting firewood. They may also partner in services they undertake to perform jointly, such as weaving, tailoring, or similar crafts.
NOTE: The work may vary; for example, one washes the clothes while the other irons them. The earnings…
Kitāb Al-Buyoo’ (Fiqh Al-Muyassar)
Lesson 11 Notes
(25 Jumada Ath-Thani 1446 H - 25/1/25)
Continuation...
الباب العاشر: الشركة
The Tenth Subchapter: Partnership
BENEFIT: This term can be pronounced in three ways:
Sharikah شَرِكة
Sharakah شَرَكة
Shirkah شِرْكة
المسألة الأولى: تعريف الشركة وحكمها وأدلة مشروعيتها
Definition, Ruling, and Evidence for the Permissibility of Partnerships…
NOTE: Guardians of an orphan's wealth are classified into two categories:
1. Wealthy guardians: They are not permitted to take from the orphan's wealth.
﴿وَمَن كَانَ غَنِیࣰّا فَلۡیَسۡتَعۡفِفۡ﴾
"If the guardian is well-off, they should not take compensation." [Surah An-Nisāʾ: 6]
2. Poor guardians: They are allowed to take a reasonable amount as needed.
﴿وَمَن كَانَ فَقِیرࣰا فَلۡیَأۡكُلۡ بِٱلۡمَعۡرُوفِ﴾
"But if the guardian is poor, let them take a reasonable provision." [Surah…
A- Ḥajr imposed on a bankrupt individual (المفلس), preventing them from disposing of their wealth to safeguard the rights of creditors.
B- Ḥajr imposed on a person who is terminally ill, limiting their disposal of wealth beyond one-third of their estate to protect the rights of heirs.
C- Ḥajr imposed on a slave, restricting their financial transactions without their master’s permission.
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الأحكام…
لغة: الاحتواء والكفالة والالتزام
Inclusion, guarantee, and commitment.
LEGISLATIVELY
هو التزام ما وجب على غيره.
It refers to assuming responsibility for another person’s financial obligation.
RULING
It is permissible based on the Qur'ān, the Sunnah and concensus
The same evidences for Kafālah apply to Ḍhamān.
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Rulings and Conditions of Financial Guarantees:
1. It is not permissible to receive compensation…
Kitāb Al-Buyoo’ (Fiqh Al-Muyassar)
Lesson 10 Notes
(19 Jumada Ath-Thani 1446 H - 19/1/25)
Continuation...
الباب الثامن: الكفالة والضمان
The Eighth Subchapter: Bodily and Financial Guarantees
BENEFIT: When an individual requests a loan, the lender may choose to:
1. Approve the loan without requiring any form of security.
2. Approve the loan after demanding a security measure, which could include:
A. Rahn…
"Anyone who is legally competent to act on a matter themselves, and the matter allows for representation, may delegate it to an agent, regardless of whether the agent is a man or a woman, free or ensl
NOTE: Ash-Shawkāni rahimahullah added:
«يجوز لجائز التصرف أن يوكل غيره في كل شيء ما لم يمنع منه مانع»
"A legally competent person may delegate to another in all matters, provided there is no valid prohibition preventing it." [Ad-Daraari Al-Muḍhee'ah]
3. Wakālah is not valid for matters that do not allow for representation in the rights of Allāh Almighty, such as purification, prayer, penal punishments.
4. The…
تفويضُ شخصٍ غيرَه؛ ليقوم مقامَه فيما تدخله النيابة.
(Wakālah) refers to the act of delegating or assigning authority to another to act on one's behalf in matters that permit representation.
RULING & EVIDENCES
Wakālah is permissible according to Qur'ān, Sunnah and concensus
QUR'ĀN
Allāh the Exalted, says:
﴿فَٱبۡعَثُوۤا۟ أَحَدَكُم بِوَرِقِكُمۡ هَـٰذِهِۦۤ إِلَى ٱلۡمَدِینَةِ فَلۡیَنظُرۡ أَیُّهَاۤ أَزۡكَىٰ طَعَامࣰا…
Kitāb Al-Buyoo’ (Fiqh Al-Muyassar)
Notes for Lesson 9
(18 Jumada Ath-Thani 1446 H - 18/1/25)
Continuation...
الباب السادس: الحوالة
The Sixth subchapter: Transfer of Debt (Ḥawālah)
المسألة الأولى: معناها وأدلة مشروعيتها
Its Definition and Evidence of Its Permissibility
DEFINITION
LINGUISTICALLY
لغة: الانتقال transition/transfer
LEGISLATIVELY
نقل الدين من ذمة المُحيل إلى ذمة المُحَالِ عليه
The transfer of a…
7. The price must be fully paid and determined in the contract session before the parties separate.
8. The subject of Salam must be something that is commonly available at the time of the due date. If it is unlikely to be available—such as fresh dates in winter—it is not permissible, as this involves uncertainty (gharar).
NOTE: The absence or nonexistence of the commodity at the time of contracting a Salam sale does not affect the validity of the transaction. This is because a Salam sale is not a sale of a…
Kitāb Al-Buyoo’ (Fiqh Al-Muyassar)
Notes for Lesson 8
(12 Jumada Ath-Thani 1446 H - 12/1/25)
Continuation...
الباب الخامس: في السلم
The Fifth Subchapter: Salam (Forward Sale)
المسألة الأولى: معناه وأدلة مشروعيته والحكمة
Its Meaning, Evidence for its Permissibility, and Wisdom
DEFINITION
LINGUISTICALLY
السَّلَم في اللغة السَّلَفُ وزْنًا ومعنًى
Linguistically, 'Salam' is similar to 'Salaf' (debt) in both form…
"The Prophet ﷺ purchased food on credit from a Jew and gave him a shield of iron as collateral." [Reported by Al-Bukhari, no. 2068; and Muslim, no. 1603)]
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المسألة الثانية: أركانه وشروطه وبعض الأحكام المتعلقة به
Pillars, Conditions and Rules Related to Pledges
PILLARS:
The Rahn transaction is based on four pillars:
1. الراهن = Pledgor
The person offering the collateral
2. المرتهِن = Pledgee
The person receiving the collateral
3. المرهون = The Pledge Item
The asset given as security
4. مرهون به = The Debt
which the pledge is acting as a security for…
A- The debtor must either be willfully delaying repayment or denying the debt. If they acknowledge the debt and are willing to pay, it is not allowed to take this utilise this method.
B- The debt must be due for payment. It is not allowed to take this approach if the debt is not yet due.
C- The creditor must ensure that recovering their right does not lead to harm, such as violence, bloodshed, or accusations of wrongdoing. Additionally, it must not result in enmity or harm to reputation or body.
* If these three conditions are met and the creditor takes money from their debtor to recover…
3. The creditor is not allowed to stipulate any additional amount to be repaid beyond the original loan, as this constitutes ribā. The creditor is only entitled to reclaim the exact amount that was lo
NOTE: A common example of this is what takes place in conventional banks, who provide loans to individuals in need with an agreed-upon interest rate added to the original loan amount. Alternatively, the bank may agree with the debtor on the value of the loan but disburse a smaller amount while requiring them to repay the full agreed-upon value. For example, if the debtor requests a loan of £100,000, the bank may…
Kitāb Al-Buyoo’ (Fiqh Al-Muyassar)
Lesson 7 Notes
(28 Jumada Ath-Thani 1446 H - 29/12/24)
Continuation...
الباب الثالث: القرض
The Third Subchapter: Loans
المسألة الأولى: تعريفه، وأدلة مشروعيته
Definition and Evidence of Its Permissibility
DEFINITION
LINGUISTICALLY
لغة: القطع، ومنه المِقراض
It refers to "cutting," from which the term nail clipper is derived.
LEGISLATIVELY
تمليك مال لمن ينتفع به ويَرُدُّ…
By applying the following principles, we can determine whether a transaction involves Ribā or not:
PRINCIPLE 1:
إذا بيع الربوي بجنسه، اشترط فيه شرطان: التقابض والتماثل.
If a ribawi item is sold for its own kind, two conditions must be met:
1. Immediate Exchange (التقابض): Both parties must take possession of their respective items during the transaction session before parting.
2. Equal Measure (التماثل): The exchanged items must be equal according to the Shari'ah standards (i.e., weight for weight or volume…
When examining the first group (gold & silver), the علة is clear = الثمينة (currency/monetary nature). As such, modern day paper currency can be analogised with them, as most contemporary scholars hav
As for the second group (wheat, barley, date, salt), where there is significant disagreement and no clear علة, Qiyās cannot be confidently applied.
As a result: The Ribawi items are:
Group 1: Currency
1. Gold ذهب
2. Silver فضّة
3. Paper currency (based on Qiyās)
Group 2: Food Items
3. Wheat ٌشَعِير
4. Barley بُرّ
5. Dates تَمْر
6. Salt مِلْح
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المسألة الثالثة: أنواع الربا
Types of Ribā
1st…
- Its prohibition is a mercy to people, as it involves taking the wealth of others without offering anything of value in return. The usurer benefits from others' money while providing them with no ben
- Ribā leads to the inflation of wealth at the expense of impoverishing others, particularly the poor.
- It encourages laziness and idleness, diverting individuals from engaging in productive, lawful, and beneficial economic activities.
- Engaging in Ribā severs acts of kindness among people, closes the door to good loans, and allows a class of usurers to dominate the wealth and economy of a nation.
- Ribā is…
5. The item must not be from أموال الربوبية which require hand to hand exchange. We will discuss this further in the next subchapter inshaAllah.
ADDITIONAL NOTES:
1. The seller does not have the right to retain ownership of the sold item after the sale. For instance, he is not allowed to say: "Ownership will only transfer to the buyer once all installments are paid." However, it is permissible for the seller to stipulate a restriction on resale, meaning that ownership transfers to the buyer, but the buyer is prohibited from selling the item until all…