1. You took a loan of R10 from someone and in order for him to trust you, you kept one of your possessions with him informing him that if you do not trust me, keep this item with you. Once I repay you the R10, I will take my item back. This is permissible. This is known as mortgaging or pawning. However, under no circumstances is it permissible to pay any interest as is in vogue among the merchants and bankers whereby they charge an interest for mortgaging. It is harâm to pay or to accept interest.
1. Two persons got together and purchased wheat from the market. At the time of dividing this wheat, it is not necessary for both of them to be present. Even if one of them is not present, it is permissible for the other person to have it weighed properly, take her share, and keep the other share aside for her partner. Once the wheat has been divided, it is permissible for the person who was present to do whatever she wishes with her own share – she can eat it, consume it in any other way, give it to someone, etc. All this is permissible. The same rule will apply to ghee, oil, eggs, etc. In short, items which do not have any difference and are all the same can be purchased and divided in the absence of any one of the partners. However, if the second person has not taken her share as yet and it disappears or is destroyed in some way or the other, then this loss will be regarded as a loss of both the partners – as explained in the chapter on partnerships.
1. A person passed away and left behind some wealth. All his wealth will fall under the partnership of all his rightful inheritors. As long as permission is not obtained from all the inheritors, no one can take it for his personal purposes. If anyone takes it and uses it, he will be sinning.
2. Two women got together and purchased a utensil. This utensil will now be under their joint partnership. One of the women cannot use it or sell it without the permission of the other.
1. It is a major sin to take an item which belongs to a person forcefully or in his absence. Some women take items that belong to their husbands or other relatives without permission. This is also not permissible. If you take an item without permission and you still have it in your possession, you will have to return that very item. However, if you have already used that item then the rule is that if the same item could be purchased from the bazaar, it will be wâjib on you to purchase it and replace it. Such items are: grain, ghee, oil, money, etc. If the item is such that its exact replica cannot be obtained, then you will have to give money equal to the value of that item. Such items are: fowls, goats, guavas, oranges, pears, etc.
1. A person took a house on rent. However, it leaks profusely, a certain portion of it collapsed or any other fault became apparent which makes it difficult to live in. In such cases, it is permissible to annul the rental contract. And if the house becomes absolutely dilapidated and uninhabitable, the rental contract will be annulled on its own. There is no need for you to request an annulment nor is it necessary to obtain the consent and agreement of the landlord.
2. If the landlord or the tenant passes away, the rental contract becomes annulled.
1. A dyer, washerman or tailor was given an item in order to carry out his respective job. The item which is given to him is regarded as an amânah. If it is stolen, lost or destroyed unintentionally despite his taking all the precautions; it is not permissible to take any compensation from him. However, if he washed the cloth in such a way that it got torn, or placed an expensive silk garment in the cauldron in such a way that it got damaged; it will be permissible to ask him for a compensation. Similarly, it is permissible to take compensation for a garment which he may have exchanged (with another garment). If he loses a garment and says that he does not know where it has disappeared to or what has happened to it, it will be permissible to ask him for compensation. But if he says that a burglary took place and it got stolen, it will not be permissible to ask for any compensation.
1. The following methods of hiring out are regarded as ijârah fâsidah (improper leasing):
(a) At the time of renting a house, the period was not specified as to how long the house will be rented.
(b) The rental was not specified. The person merely occupied the house and began living in it.
(c) The tenant made this condition that he will pay the costs for whatever breaks in the house.
(d) The landlord rented the house on the condition that whatever breaks in the house will have to be repaired by the tenant and that the repairs that he will undertake will actually be his method of payment of the rental. But if the landlord says: “You live in this house and undertake whatever repairs are necessary. There is no rental to be paid.” In such a case this is an aariyah (a loan). This is permissible.
1. Once you have taken a house on rent on a monthly basis and took possession of it, you will have to pay the rent on the expiry of the month. This is irrespective of whether you lived in it or whether it remained empty. In both cases it is wâjib on you to pay the rent.
2. A tailor sewed a garment for you, a dyer dyed it for you or the washerman washed it for you. After carrying out this work, he brought it to you. He has the right of refusing to hand over the garment to you until you pay him for the job that he has carried out. It is not permissible for you to take it forcefully without having paid him.
1. It is a major sin to take back something that you have given. If a person takes back something that he has given and the person gives it back willingly, then the person who had originally given the item will once again become its owner. However, there are certain things which the person has no right to take back, e.g. you gave a goat to a person. This person fed that goat so well that it became fat and healthy. In such a case you do not have the right to take it back.
1. When anything is given to a child on the occasion of his circumcision or any other such occasion, the purpose and object is not to give the child but to his parents. All those gifts are therefore not the possession of the child. Instead, the parents are its owners and they can do whatever they wish with those gifts. However, if a person gives an item specifically for the child, he will be its owner. If the child has reached an age of understanding, it is sufficient for him to take possession of the item himself. Once he takes possession of it, he will be its owner. If the child does not take possession of it or is incapable of doing so, then by the father taking possession of it, the child will become its owner. If the father is not present, the child will become its owner by the grandfather taking possession of it. If the father and grandfather are not present, the guardian of the child should take possession of it. If the mother or grandmother take possession of the item despite the father or grandfather being present, it will not be considered.