5. The commodity must be in the seller's possession at the time of concluding the sale contract, meaning the seller must own the goods (التملك), have them in their possession (القبض), and be able to d
IMPORTANT NOTE:
If a binding contract is made before the financial institute owns the car, this is an impermissible and invalid transaction because it involves selling what one does not own. On the other hand, if the agreement made initially is not a contract but merely a promise to purchase, then the process becomes permissible.
The condition here is that when the item is attained, a new contract must be made…
Kitāb Al-Buyoo’ (Fiqh Al-Muyassar)
Lesson 5 Notes
(21 Jumada Ath-Thani 1446 H - 22/12/24)
Continuation...
المسألة السابعة: الإقالة في البيع
Rescission in Sale (Al-Iqālah)
If the sale is completed and there is no khiyār, it becomes binding, and neither party has the right to rescind it except by mutual consent. Rescission by mutual consent is called "Iqālah." Thus, Iqālah is the cancellation or annulment of a…
Similarly, Zayd ibn Thābit (may Allāh be pleased with him) reported that the Messenger of Allāh ﷺ forbade selling goods in the same location where they were purchased until traders move them to their
Thus, a buyer must take full possession of an item before reselling it.
NOTE: Ibn Qudamah rahimahullah said in Al-Mughni:
«قبض كل شيء بحسبه، فإن كان المبيع دراهم أو دنانير، فقبضها باليد، وإن كان ثيابا فقبضها نقلها، وإن كان حيوانا، فقبضه تمشيته من مكانه، وإن كان مما لا ينقل ويحول، فقبضه التخلية بينه وبين مشتريه لا حائل دونه، لأن القبض مطلق في الشرع، فيجب الرجوع فيه إلى العرف»
"The manner of taking possession…
﴿وَتَعَاوَنُوا۟ عَلَى ٱلۡبِرِّ وَٱلتَّقۡوَىٰۖ وَلَا تَعَاوَنُوا۟ عَلَى ٱلۡإِثۡمِ وَٱلۡعُدۡوَ ٰنِۚ﴾
"And cooperate in righteousness and piety, but do not cooperate in sin and aggression." [Surah Al-Māʾidah: 2]
____
3⃣. بيع المسلم على بيع أخيه
Selling Over Another’s Sale
An example of this is when someone says to a buyer who has purchased an item for a set price, “I will sell you the same item for a lower price,”…
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…
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…
The item sold must be known to both the buyer and seller either through:
(1) direct observation, or
(2) a clear description that distinguishes it from others.
SPECIFYING THE ثمن:
The price of the item must be clearly known by specifying its value and currency at the time of the transaction, such as a price tag.
Ambiguity (جَهالة) relating to the item or price is a type of gharar. Thus, it is invalid to sell…
The Prophet (ﷺ) gave him a dinar to purchase a sheep. He bought two sheeps with the dinar, then sold one of them for a dinar and returned to the Prophet (ﷺ) with a dinar and a sheep. The Prophet (ﷺ) p
Point of evidence: This Companion purchased an additional sheep and sold it without prior permission from the Prophet ﷺ. However, the Prophet ﷺ validated the transaction through his subsequent approval.
________
4️⃣. أن يكون المبيع مما يباح الانتفاع به
The Item Sold Must Be Permissible for Use
The item being sold must be something (1) lawful and (2) contain a beneficial use, such as food, drink, clothing, vehicles,…
However, it is considered unethical and can lead to disputes, harm, and exploitation.
______
2️⃣. أن يكون العاقد جائز التصرف
Legal Capacity of the Contracting Parties
The parties must have the legal capacity to transact, meaning they must be:
1. بالغ = mature
2. عاقل = sane
3. حُرّ = free (not enslaved)
4. رشيد = prudent in managing their
affairs.
* These are the four conditions for someone to be deemed جائز التصرف!
EVIDENCES:
The evidence for البلوغ & الرشد is the saying of Allāh ﷻ:
{…
Kitāb Al-Buyoo’ (Fiqh Al-Muyassar)
Lesson 3 Notes
(7 Jumada Ath-Thani 1446 H - 8/12/24)
Continuation...
المسألة الخامسة: شروط البيع
Conditions for a Valid Sale
BENEFIT: Conditions of the sale (شروط البيع) Vs. Conditions in the sale (شروط في البيع):
1⃣. I(شروط البيع)I are established by the Shari'ah, whereas l(شروط في البيع)l are determined by one of the contracting parties.
2⃣. I(شروط البيع)l are essential for…
1. Price Manipulation (النجش):
(a) Overpricing (لمصلحة البائع): A seller conspires with others to artificially inflate the price during an auction, tricking the buyer into paying more than the market value. In this case, the buyer gains the right to revoke the contract.
(b) Underpricing (لمصلحة المشتري): A buyer conspires with others to suppress bids, leading the seller to accept a price significantly below market…
Khiyār Ash-sharṭ is NULLIFIED under the following circumstances:
1. Expiration of the Agreed Period
2. Buyer’s Action to Terminate: The buyer may voluntarily waive their right to revoke the contract during the option period.
3. Transfer of Ownership by buyer (not seller): If the buyer engages in any action that results in the transfer of ownership (e.g., selling the item or gifting it), their option right is voided.
________
3️⃣. خيار العيب
Option of Defect:
This option is…
However, Ibn al-Qayyim said [Iʿlām al-Muwaqqiʿīn, 4/29)]: “A man tells another person: Buy this house or this item from so-and-so for such-and-such a price, and I will give you a profit of such-and-such. But the buyer is afraid that if he buys it, the one who gave the order might change his mind and not want it anymore, and then he (the buyer) will not be able to return it. The solution is: he should buy it with a…
CASES WHERE KHIYĀR AL-MAJLIS IS NULLIFIED (aside from physical separation):
1. Express Waiver During the Meeting: Either party may explicitly state during the meeting, "I waive my right to khiyār al-majlis," thus nullifying their right. This must be a clear and voluntary declaration. The other parties right to Khiyār remains intact until they separate.
2. Mutual Agreement to Waive Khiyār: If, during the contract negotiation, both parties agree to waive the right of khiyār al-majlis by…
"And He has not placed upon you in the religion any difficulty." [Surah Al-Ḥajj: 78]
NOTE: For significant transactions involving large sums or deferred payments—where documentation and clarity are essential—it is HIGHLY recommended to document the agreement and have witnesses. This provides a reference in case of disputes between the parties.
_______
المسألة الرابعة: الخِيار في البيع
The Option of Withdrawal…
Kitāb Al-Buyoo’ (Fiqh Al-Muyassar)
Lesson 2 Notes
(6 Jumada Ath-Thani 1446 H - 7/12/25)
Continuation...
المسألة الثالثة: الإشهاد على البيع
Having witnessing in a Sale Transactions
Having a witness to sales transactions is مستحب (recommended) but not obligatory.
This is based on Allāh's statement:
﴿وَأَشۡهِدُوۤا۟ إِذَا تَبَایَعۡتُمۡ﴾
“And take witnesses when you make a sale.” [Surah Al-Baqarah: 282]
The…
This includes the seller, the buyer, and anyone acting on their behalf.
BENEFIT: There are five types of individuals who can act on behalf of the buyer or seller:
I1l الوكيل = agent
I2l الوصي = the executor in matters related to one-third of the estate after death,
I3I ناظر الوقف = the guardian of a waqf
I4I القاضي = the judge in matters concerning the legally incapacitated,
I5I الولي = the guardian of an…
2. This exchange involves one of three types of matters:
١. مال = tangible wealth
٢. دين = debt/deferred payment
٣. منفعة = service/benefit
3. These three types must be clearly specified in the contract. However, the manner of specification can vary:
١. مُعين بالإشارة
Items that can be directly pointed to, i.e. Physically present
٢. مُعين بالوصف
A particular item but it is not physically present at the time of transaction
٣. الموصوف غير المعين
A general…
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…
LESSON 12 ⤵️
https://youtu.be/4YwpIDJpkhw
Class Summary:
كَمْ مَرَاتِبُ الدِّيْنِ؟
How many levels does the religion have?
الدِّيْنَ ثَلاثُ مَرَاتِبَ، وَهِيَ: الْإِسْلَامُ وَالْإِيمَانُ وَالْإِحْسَانُ. وَالدَّلِيلُ: حَدِيثُ جِبْرِيلَ مَعَ رَسُولِ اللهِ ﷺ حَيْثُ ذُكِرَ فِيْهِ أَنَّ هَذِهِ المَرَاتِبَ الثَّلَاثَ هِيَ الدِّينُ.
The religion has three levels: Islam, Ēmān, and Ihsan (excellence). The evidence is the…
Hold Fast to The Middle Path
Sheikh Daghsh ibn Shabeeb Al-’Ajmi ḥafidhahullāh states:
"They (Ahlus-Sunnah) are moderate among the factions of the Ummah; for in every matter that Allāh, Mighty and Exalted, commands His servants, Shayṭān stirs two inclinations: either toward excess or toward negligence. And Shayṭān does not care in which of the two valleys a person perishes. Thus, some people seize a matter and…
