Issues of trade
and finance
PROHIBITED SALES
The Prophet, sallallaahu alayhe wasallam, prohibited some
forms of sales that people were known to use during his time.
The wisdom behind this prohibition of some sales is to
facilitate ease for people and not to increase prices for
them. Also, it is designed to stop sales that might include
risk or trickery and eliminate any sale that might instigate
hatred and enmity amongst people.
1. The Prophet, sallallaahu alayhe wasallam, prohibited
that a town dweller (urban resident) be allowed to sell the
goods of a desert-dweller (rural resident), as stated in an
agreed upon hadeeth. This means that the urban resident is
prohibited from selling the goods of a rural resident on
behalf of the latter. This is because the urban resident might
wait until people are in need of the goods and then raise the
prices. Anas Bin Malik said, "We were forbidden to allow a
town-dweller to sell the goods of a desert-dweller, even if
the latter is a brother from the same mother and father”
(Agreed upon)
2. The Prophet, sallallaahu alayhe wasallam, prohibited
najash. Najash is trickery whereby one offers a high price for
a commodity not intent upon buying it but upon cheating
someone else who wants to buy it, even though it is not worth
such an elevated price. Scholars have unanimously agreed on
the prohibition of such action if the increase in price puts
the commodity at a higher price than similar items. This
prohibition is based on the hadeeth narrated by Ibn Umar that
Allah's Messenger prohibited najsh (Agreed upon)
Even if the price is increased to the price of a similar
commodity, al-jumhoor (the majority of scholars) have gone
with the impermissibility of such actions based on the
generality of the hadeeth text. Ibn Hazm, Ibn Abdul-Barr and
Ibn al-Arabi, however, held the opinion permitting such
action. Ibn al-Arabi stated that, "If a man sees a commodity
that is sold below its actual value and he increases the value
to the correct value, then he should not be accused of najash,
especially if he did not have bad intentions." This is
supported by the hadeeth narrated by Imaaam Ahmad that the
Prophet, sallallaahu alayhe wasallam, said, "Leave the people
alone, for Allah sustains some from others. Should one ask his
brother for a sincere advice, his brother should give him
advice."
3. The Prophet, sallallaahu alayhe wa sallam, prohibited
meeting caravans on route with the intention of purchasing
goods before the sellers know the market price. Ibn Mas'oud
narrated that the Prophet, sallallaahu alayhe wasallam,
prohibited going to meet the vendor on route in an agreed upon
hadeeth. Ibnul Qayyim said, "The Prophet, sallallaahu alayhe
wa sallam, prohibited that because it includes deception of
the seller who does not know the market price."
4. The Prophet, sallallaahu alayhe wasallam, prohibited the
Muslims from persuading buyers to cancel their purchases from
other vendors, and then sell them his goods. This is
tantamount to saying to someone who is buying an item for ten
dollars, "I have the same item for seven dollars for you." The
Prophet, sallallaahu alayhe wasallam, also prohibited a Muslim
from entering into a transaction to purchase a commodity when
his brother Muslim has already negotiated a purchase of that
same commodity. For example, one says to a vendor selling a
commodity to one person for seven dollars, "I will buy it from
you for ten dollars." Ibn Umar narrated that Allah's
Messenger, sallallaahu alayhe wasallam, said, "Do not urge
someone to return what he has already bought from another
vendor so as to sell him your own goods. And don't urge a
woman who is engaged to someone else to cancel her engagement
so that she can become engaged to you, except with the
permission of the other person." (Ahmad)
5. It is also prohibited to sell a commodity that might be
used in the commission of sin. This would include selling
juice to someone who uses it to make khamr (intoxicants),
selling weapons during periods of fitnah (confusion or
instability), or selling a house to someone who will use it
for sinful deeds. Allah says, "And do not help one another in
sin and transgression." [5:2] This prohibition is based upon
knowledge of the intention or evidence supporting the
suspicion.
6. It is also prohibited to sell one debt for another debt.
Imam Ahmad had stated that there is no sound hadeeth on this
issue but people have unanimously agreed that it is not
permissible to sell one debt for another debt.
7. There is also a prohibition of injustice in sales,
especially when the buyer does not know the price, or he is
not good in bargaining. A person came to the Prophet,
sallallaahu alayhe wasallam, and told him that he was always
betrayed in making purchases. The Prophet, sallallaahu alayhe
wasallam, then told him, "Say at the time of buying: ‘no
cheating'." (Agreed upon) Cheating and deception are both
prohibited. The Prophet, sallallaahu alayhe wasallam, said
"Both cheating and deceiving are in the fire (meaning lead the
person to the Fire)." (Ibn Adiyy)
8. It is prohibited to sell goods before taking them into
possession. The Prophet, sallallaahu alayhe wasallam, said to
Hakim ibn Hizam, "Do not sell what you have purchased until
you receive it." (Ahmad) Ibn Abbas narrated that Allah's
Messenger, sallallaahu alayhe wasallam, said, "He who buys
foodstuff should not sell it until he takes all the measure
which he has bought in full." (Agreed upon) Ibn Abbas stated
that all types of selling should be done similarly.
Ibn Umar said he saw people at the time of the Prophet,
sallallaahu alayhe wasallam, buying foodstuff but would not
sell it until they brought it to their places (Agreed upon)
The followers of math-hab Ahmad ibn Hanbal went with the
opinion that only foodstuffs that are measured or weighed
should be dealt with in this manner. Other foodstuffs can be
sold before taking them into possession.
Abdullah M al-Mutlaq
Al-Jumuah vol.10 issue 8/9
Last modified:
July 19, 2007
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