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(The Rules of Buying and Selling ) |
ISSUE 391: It is recommended that the person who is involved in trading, learn the rules of buying and selling that he will commonly have a need for.
ISSUE 392: Buying and selling, watching over, writing, reading and teaching those books that can lead people astray is haram; unless it is done for a good reason, such as to answer or reply questions raised in these books.
ISSUE 393: Selling a product that has been mixed with something else, in the event that it becomes unclear what the product is, and if the seller of the product does not inform the purchaser, then it is haram. For example, ghee that has been mixed with fat and then sold (such an action is called Ghash).
ISSUE 394: In transactions, the exact product that is being bought and sold must be specified, but it is not necessary to mention the specifics such that if stated or not, would have an affect on the desire or inclination of the people in relation to that product.
ISSUE 395: In the buying and selling of two things which are of the same type - which are sold by weight or quantity - if more is sold, it is called riba and is haram; for example, one gives one tonne of wheat, and in return, takes 1.2 tonnes.
ISSUE 396: It is mustahab that the person selling does not make a difference in the price between the people buying from him - unless it is because one is a poor person or someone like this - and also one should not be firm in one's price, and if one wishes to cancel the transaction, one should agree to this.
ISSUE 397: Taking an oath during transactions if that which is said is true, is makruh; and if it is a lie, then it is haram.
Breaking or Cancelling a Transaction
ISSUE 398: In some instances, the seller or buyer is able to cancel the transaction and some of these instances include:
· The buyer or the seller have been cheated.
· If at the time of the transaction, it had been specified that for a specific period of time, both parties, or even one of the two parties is allowed to cancel the transaction. For example, at the time of buying and selling it is stated that if either person is worried or has anxiety (over the transaction), then for three days (once the deal is made) one is able to break the contract.
· The seller and the buyer have not separated from each other, even if they have left the place of the transaction.
· The object that had been bought was defective, and after the transaction, it was noticed.
· The seller explained the item to the person buying the product, who himself did not see the product's specialities, and later on it was noticed that it was not as the seller had explained it to be; for example, it was said to the buyer that this notebook has 200 pages, and later it was found to have less than this amount.
ISSUE 399: If after a transaction, one notices a defect in the product and right away does not break the deal, rather delays in this, then later on one does not have the right to break the transaction.
( Loans )
Giving a loan is one of the mustahab acts that has been highly emphasized in the Qur'an and ahadith, and on the Day of Judgement, the one who had given a loan, will receive a great reward from Allah (SWT).
The Divisions of Giving a Loan
1. Durational Loan: At the time of giving the loan, it had been specified when the loan will be paid back.
2. Non-Durational Loan : The time when the loan will be paid back is not specified.
The Rules of Giving a Loan
ISSUE 400: If the loan is given with a specific period of time stated, and the person giving the loan specifies when it will be paid back, or both parties come to an agreement, then the person who gave the load can not request the loan back before the time period agreed upon.
ISSUE 401: If the loan is given without a specific period of time (when it will be paid back), then the person who had given the loan can ask for it back anytime.
ISSUE 402: If the person who gave the loan requests for the loan to be paid back, then in the event that the person who had taken the loan is able to pay it back, he must pay it back right away, and if he delays in its payment, he has committed a sin.
ISSUE 403: If the person giving the loan makes a condition that after a period of time, for example after one year, he will take back more (than that
which was given), or he will provide some service for him, this is riba (interest) and it is haram. For example, one gives 100000 tuman (approximately $200.00USD) as a loan and makes the condition that after one year, one will take back 120000 tuman (approximately S240.00USD).
ISSUE 404: If the person giving the loan does not make the condition that he will take more back, but the person who had taken the loan himself gives more back, this is no problem, and rather, this action is mustahab.
( Custody or Trust )
If someone gives his property to another person, and tells him that it is deposited as a trust, and the latter accepts it, they both must abide by the following rules.
The Rules Regarding Custody or Trust
ISSUE 405: If someone will not be able to look after a deposited thing, and the person making the deposit is unaware of this, then the person must not accept the (responsibility) of the deposit.
ISSUE 406: Someone who deposits something as a trust, whenever he wants to take it back, he is able to; and the person who accepted to look after the thing, whenever he wishes to give it back to its owner, he too is able to do this.
ISSUE 407: Someone who accepts to look after something, if he does not have a safe and suitable place to keep the item, he must prepare one.
ISSUE 408: The person taking care of the trust must look after the item in such a way that the people would not say that he is being disloyal, or that in the protection of the item, he has fallen short in looking after it.
ISSUE 409: In the event that the trust of a person is lost:
1. If the person looking after the trust did not pay attention in taking care of the trust, he must giv e or repay the owner for that which was lost.
2. If in the taking care of the trust, one was not negligent, and for other reasons that property got lost; for example, a wind took the item away, then the person who was the caretaker of the item, will not be responsible to pay it back to the owner.
ISSUE 410: The person taking care of a property is not allowed to use the item, except with the permission of its owner.
( Lending and Borrowing )
Lending of something is that someone gives his own property to another person so that he may make use of it, and in exchange, one gets nothing back; for example, a person gives his bike to another person, so that the person may go to his house and return.
ISSUE 411: Someone who lends something to another person can take it back whenever he wants to, and the person who has borrowed the item can give it back to its owner whenever he wishes to.
ISSUE 412: If that which was lent out becomes lost or damaged, then in the event that in the protection of the item, care was shown, or in its use, excessive care was shown, one is not responsible (for the item). But if one was neglient in taking care of the item, or in its use, excessive care was not shown, then compensation must be paid (to the owner).
ISSUE 413: If it was previously specified that for whatever reason, the person borrowing the property would be responsible for it, then one must repay it(if anything happens to that property).
Items that are Found
ISSUE 414: If someone finds something but does not take it, then no special responsibilities fall upon him.
ISSUE 415: If something other than an animal is found, then the following rules will apply:
· If the item does not have any special signs which would help in finding its' owner, then one is able to take it for ones' self, but according to Ihtiyat Mustahab, one should give it away as sadaqa on behalf of the owner.
· If there are special signs on it, and its worth is less than 12.6 chickpeas of coined silver[1], and the owner is not known, then according to Ihtiyat Wajib, it must be given away as sadaqa on behalf of the owner, and anytime the owner is found, then if he is not happy with his property having been given away as sadaqa, one mast give the owner the replacement (of that which was given in sadaqa)
· If the value of the item is not less than 12.6 chickpeas of coined silver (as was explained in the footnote 26) and it has some special signs on it that would enable one to identify the owner, then for the first week, an announcement must be made every day, and every week after that, it must be announced once per week, then if in the event that after one year of announcing, the owner still is not found, one is able to keep it for the owner so that whenever he is found, the item can be given back to him, or it can be given as sadaqa to the poor in the name of the owner, and the Ihtiyat Wajib is that one does not keep it for ones' self.
Losing one's Shoes
ISSUE 416: If someone's shoes are taken, and in their place, another pair of shoes are left, then in the event that one knows that the shoes that are remaining are the property of the person who took his shoes, and this person will be content that the person (whose shoes were taken) takes his shoes in place of the stolen shoes, he can take these shoes in substitute for his own shoes (that were taken). However, if he knows that his shoes were taken unjustly or without right, and if the value of the shoes that are left behind are not more than the value lf his own shoes, he can take them in place of his own shoes.
(Usurption )
Usurption is that a person, without permission, and by oppression, takes possession of the property of another person.
Usurption is one of the major sins, and on the Day of Judgement, the person who had committed usurption will face a great punishment.
ISSUE 417: If a person usurps something, not only has he committed a haram act, but he must return that property to its owner, and if he loses that thing, he must repay that what was lost.
ISSUE 418: If the thing that was usurped becomes spoiled, one mast give the equal value of that item.
ISSUE 419: If that thing that was usurped changes, so that it is better than it was in the beginning, for example, a bike is repaired, if the owner of that property says that it was in such and such way, he must give it to him, and one is not allowed to take money for the trouble that one had gone through, and one does not have the right to change the thing to how it was in the beginning.
[1] This amount of silver is approximately 2.52 grams, and at the time this book was being translated, the worth is approximately 300 tuman, or $0.60 US.