Conditions in buying & selling
1-Mutual Consent: Allah says:
إِلَّا أَنْ تَكُونَ تِجَارَةً عَنْ تَرَاضٍ مِنْكُمْ ۚ
except it be a trade amongst you, by mutual consent. [Anissa: 29]
The Prophet ﷺ said: Selling should be only by mutual consent. (Ibn Majah)
2-Being free, having reached puberty, being legally accountable, and being sane.
3-Being the owner (of the commodity or the money) or a representative of the owner: The Prophet ﷺ said: Do not sell what you do not have (or possess). [Atirmidhi]
Al-Wazir said: Scholars agree that it’s permissible for a Muslim to sell whatever is not present with him or whatever he does not possess, and then goes out to buy that thing for his customer, for this is a void trade transaction.
Conditions of Commodity:
1-Being absolutely lawful to use: everything that is Haram in the Quran & Sunnah such as Alcohol, or swine, etc...
2-The price and the commodity must be available, (when a transition is finalized) any unavailabile commodity is not permissible to be sold. It is illegal for a Muslim to sell something taken by force except in the presence of the one who took it forcefully, or one who is able to restore it (such as the police or a judge or the like, to guarantee delivering it to the buyer).
3-The price & the commodity must be known to the seller and buyer, hiding the price is fraud which is haram.
إِلَّا أَنْ تَكُونَ تِجَارَةً عَنْ تَرَاضٍ مِنْكُمْ ۚ
except it be a trade amongst you, by mutual consent. [Anissa: 29]
The Prophet ﷺ said: Selling should be only by mutual consent. (Ibn Majah)
2-Being free, having reached puberty, being legally accountable, and being sane.
3-Being the owner (of the commodity or the money) or a representative of the owner: The Prophet ﷺ said: Do not sell what you do not have (or possess). [Atirmidhi]
Al-Wazir said: Scholars agree that it’s permissible for a Muslim to sell whatever is not present with him or whatever he does not possess, and then goes out to buy that thing for his customer, for this is a void trade transaction.
Conditions of Commodity:
1-Being absolutely lawful to use: everything that is Haram in the Quran & Sunnah such as Alcohol, or swine, etc...
2-The price and the commodity must be available, (when a transition is finalized) any unavailabile commodity is not permissible to be sold. It is illegal for a Muslim to sell something taken by force except in the presence of the one who took it forcefully, or one who is able to restore it (such as the police or a judge or the like, to guarantee delivering it to the buyer).
3-The price & the commodity must be known to the seller and buyer, hiding the price is fraud which is haram.
Comments
Post a Comment