Invalid and improper transactions Part 2


Economics, Part 5-Principles of Business / Tuesday, June 1st, 2010

11. A person purchased a cow on condition that it gives four litres of milk. This transaction is fâsid . However, if he did not specify any amount but merely made the condition that this cow gives a lot of milk, the transaction will be permissible.

12. A person purchased animate toys (such as dolls) for his children. This transaction is bâtil . Such toys have no value in the Sharî‘ah . Therefore, no price will be paid for them and if someone happens to break them, he will not have to pay any compensation.

13. If you purchased dry groceries, oil, ghee, etc. for a certain amount per kilogram, the seller could have given you these items in any of the following three ways       :

(a) He weighed these items in your presence or in the presence of the person whom you sent.

(b) He did not weigh them. Instead, he asked you to go home and told you that he will send the items to you.

(c) The items were already weighed and kept aside and when you asked for them, he merely picked them up and gave them to you without re-weighing them.

The rule with regard to (a) is that once you bring the items home, you do not have to weigh them. You can eat them, drink them, use them, sell them, and do whatever else you like without having to re-weigh them. All this is permissible and valid.

The rule with regard to (b) and (c) is that as long as you do not weigh them yourself, you cannot consume them, you cannot sell them nor can you use them in any way.

If you sell them without weighing them, the transaction will be fâsid . Even if you weigh them after this, the transaction will not be proper.

14. Before he could sell you these items, he weighed them and showed them to you. Thereafter, you purchased them but he did not re-weigh them. In such a case, it is necessary for you (the buyer) to re-weigh them. You cannot consume them or sell them without re-weighing them. Although he weighed them and showed them to you before you could buy them, this weighing of his will not be considered.

15. All items apart from land, properties, houses, etc. cannot be resold as long as the buyer does not take possession of them after buying them.

16. A person purchased a goat or any other item. After a few days another person comes and says that the goat actually belongs to him. Someone had taken it away and sold it to you without it belonging to him. If this person can substantiate his claim with two witnesses in the presence of a Shar’î judge, the goat will have to be given to him once the judge passes judgement in his favour. This person (who had purchased the goat) cannot claim the money from him. Instead, he can claim the money from the person from whom he had purchased the goat.

17. A fowl, goat or cow died. It is harâm to sell that animal. Such a transaction is bâtil . In fact, it is not even permissible to give this dead animal to the toilet-cleaners and tanners for their consumption. However, if you give it to the toilet-cleaner or tanner for throwing away and he picks it up and eats it, there will be no blame on you. It is permissible for you to have the animal skinned, it’s skin treated and tanned and thereafter to sell it or use it for your personal purposes.

18. Once a person decides to purchase an item, has it weighed, agrees on a price and the seller also agrees to sell it at a particular price, it will not be permissible for someone else to come and bid a higher price and take it away. Similarly, it is not permissible for another person to say  :   “Don’t buy from him. I will give it to you at a better price.”

19. A hawker sold four guavas to you for R1. Another person bargained with him and got five guavas for R1. On seeing this, you have no right to ask him for one more guava. It is not permissible and harâm to take it forcefully. You can only take what you had agreed upon with him.

20. A person is selling something but he does not want to sell it to      you . It is not permissible to take the item forcefully and give him the money. This is because he is the owner of that item, he can sell it if he wishes. If not, he does not have to sell it.

He also has the right to sell it to whomsoever  he  wishes. Very often, the police take things forcefully. This is absolutely harâm . If any woman’s husband is a policeman and he brings any item home, she must find out properly as to where he obtained it from. She must not use that item without asking him.

21. A person bought a kilo of potatoes. Thereafter, he took a few more potatoes forcefully. This is not permissible. But if the seller gives a few more on his own will, it will be permissible to accept them. Similarly, once a price has been agreed upon and the person takes the item, it will not be permissible to give an amount less than the price that was agreed upon. If the seller happily reduces the price on his own, it will be permissible.

22. If there is a bee-hive in a person’s house, he will be regarded as its owner. It is not permissible for anyone else to break it or take it away without his permission. If a bird gives birth to some chicks in a person’s house, he does not become the owner of those birds. Instead, whoever catches them will become their owner. However, it is not permissible to catch the chicks and trouble them.

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