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Lesson Sales

In this lesson, we will learn what is meant by selling, and some of its rulings in Islamic legislation.

  • Knowledge of the ruling of selling.
  • Learn about the wisdom of the legality of selling.
  • Know the conditions of selling.
  • Learn in detail the principles of impermissible types of selling to avoid them.

Definition of Selling

Linguistic meaning: Exchanging something for something. Legislative meaning: The exchange of money for money to own something outright.

The Ruling for Selling

Selling is a permissible contract. According to the Quran, the Sunnah, and consensus. Allah says: (And Allah has permitted trade.) [Al-Baqara:275]

The Wisdom Behind the Permissibility of Selling

1- A person needs what others have. For example, food, drink, clothing, housing, and so on, and the owner will not give them without compensation. Therefore, through selling, everyone can get what they want. The seller receives the selling price, and the buyer gets the commodity he needs.

2- Selling helps to preserve people's lives in the best way possible because a person may not be able to meet his needs except by buying.

3- Selling prevents stealing, taking things by force, fraud, and other things that corrupt society; this is because a person can fulfill his needs by paying for the things he needs.

The Fundamental Rules of Selling:

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The Seller: He is the owner of the commodity being sold.
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Buyer: He has the money to buy it.
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Wording: The seller offers, the buyer accepts, and anything else that indicates what people consider a sale.
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What the contract is based upon: Is the price and the item being sold.

The Terms Between the Two People Entering a Contract

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Sound Mind: It is incorrect to sell to the insane or the drunk.
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Adult: It is permissible to sell to a person who can distinguish between things and a minor who is not able to if it is something small. So the minor, who is able to distinguish, can be sold to, as long as his guardian authorizes him. As for the one who cannot distinguish, then selling to him is incorrect.
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Permissibility of disposition: It is not valid to sell to the one who is prevented from disposing of his own wealth due to a lack of intellect.
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Consent and choice: Selling to the coerced or selling in jest is invalid. Nor to pretend to sell something; for instance, two contracting parties pretended to sell out of fear of an oppressor, not with the real intention of selling.
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The ability of the seller to deliver the sold item: If he is not able, then the sale is not valid.

Terms of Item Being Sold (the price and the item)

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Determining the price and distinguishing it from what is sold: the sale may be a commodity for commodity, a commodity for cash, or cash for cash, so it is required to distinguish between them and specify what needs to be specified.
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Presence of what is being sold: It is not permissible to sell something that is not present at the time of the contract.
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Permissibility of Sales: It is not permissible to sell alcohol, pork, musical instruments, and other forbidden items.
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Purity of item being sold: It is not permissible to sell impure things, nor what cannot be purified from any impurities.
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The item being sold is obtainable: Selling a bird in the sky, a stolen car, and the like is not valid.
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Ownership of the item being sold: It is not valid for the seller to sell what he does not own unless he is authorized to sell it.

Sales that are Forbidden

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Sales that contain ambiguity; It is a sale that involves a danger to one of the contracting parties, which leads to the loss of his money. It is like selling something that may or may not exist, whether it is scarce, plentiful, or impossible to deliver.
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Sales involving deception and damage.
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Sales involving usury.
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Selling what is forbidden in its essence; for instance, dead meat, wine, and pig.
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Forbidden sales due to other factors, such as selling at the time of the second call on Friday and selling what is intended for something illegal, like grapes to make wine from and the sword for those who want to kill.

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