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. 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. Prior to harvesting or after harvesting the crops, one gives R100 to a person and says : “(After two or three months) in a certain month, on a certain day, I will take wheat in exchange for this R100 which I am giving you now.” In addition to this, the person also specified the quantity of wheat that he will take in exchange for this money. This transaction is valid. He will have to give the wheat in the month and date which he had specified and at that very price which they had agreed upon. This is irrespective of whether the market value of the wheat on that specified date is more or less than the price that he had specified. Such a transaction is known as bay’us salam . In order for this transaction to be valid, there are several conditions.
1. The following rules apply to items that are not sold by weight, but sold either by measurement or counting. If a particular type of item is exchanged for the same type of item, e.g. guavas are exchanged for guavas, or oranges are exchanged for oranges, or a fabric is exchanged for similar fabric, then in all these cases it is not a prerequisite for both the items to be equal. It is permissible to have some difference. However, it is wâjib for the transaction to be executed there and then.
1. We will now explain the rules with regard to items sold by weight, such as dry groceries, meat, steel, copper, vegetables, salt, etc. If a person wishes to exchange or purchase any of the above-mentioned items (or items that fall under this category) in exchange for the same item, e.g. he wishes to exchange wheat in return for wheat, rice in exchange for rice, flour in exchange for flour or any other similar item which is the same, then the rule in this regard is that it is wâjib to take the following two factors into consideration : (i) the weight of the item will have to be equal on both sides. Even the slightest difference in weight will not be permitted. If not, it will be regarded as interest. (ii) If the two parties do not take possession of the respective items, the minimum requirement is that the wheat of both should be kept separately.
1. It is permissible to purchase an item on credit. However, it is necessary to specify a period of time, i.e. you will pay the amount after 15 days, after one month or after four months – whatever the case may be. If a person does not specify any period but merely says: “I don’t have the money now, I will pay you later”, this has two aspects to it:
(i) He says: “I will purchase this on condition that I will pay you later.” In such a case the transaction will be invalid (faasid).
1. When purchasing dry groceries, seeds, etc. a person has the choice of purchasing it after having it properly weighed or he could say: “I am buying a certain amount of wheat for R1.” Alternatively, he could purchase it as it is (i.e. without having it weighed nor specifying any amount) and say: “I am buying this heap of wheat for R1.” No matter how much of wheat may be in that heap, all will belong to him (once he purchases it).
1. If a person breaks his oath, he will have to pay a
The kaffarah for breaking the fast of Ramadhân is that the person must fast for two consecutive months. It is not permissible to keep a few fasts, stop fasting for a few days, and recommence fasting. If for some reason or the other, one or two fasts in-between are missed out, then the fast for two months will have to be restarted. However, the fasts that a woman misses due to her monthly haid, are forgiven. By not fasting on these days, no harm is caused to the kaffarah. However, once she is purified from her haid, she should immediately recommence with the fasting and complete the sixty days.