#2 The Buyer and Seller
The summary for this paragraph in the book The Reliance of the Traveller (عـمـدة الـسـالـك و عـدّة الـنـاسـك) offers an easy-to-understand overview of Islamic sale transactions, particularly on the aspect of the buyer and the seller. It explains the key requirements for a transaction to be valid, such as the importance of maturity, sanity, and consent. The notes highlight situations where transactions are not allowed, like those involving minors, individuals with mental challenges, or selling religious items like the Qur’an to non-Muslims. It also touches on specific rules for transactions involving slaves and when coercion might be justified in legal settings. Overall, it provides a clear and practical guide to navigating Islamic financial transactions with integrity.
المتابعين
| Notes from Ustaz Anwar | English translation | Arabic Text |
| Sale transactions are not valid for minors unless they purchase small items like sweets. However, if a child sells something at a price, it’s not permissible for us to buy from them for the sake of the child’s benefit. (مصلحة)
(generally > 12 years old) Transaction with someone who lacks sanity is impermissible, unless it is done through his/her guardian. It is impermissible to purchase anything from slaves unless they are accompanied by their owners. Something that prevents someone from conducting any transaction. For example, the person has reached puberty but has mental health issues that cause him to be unable to take care of himself or his finances properly. (السفيه) If we let them be, they might use the money wastefully. For example, drowning syndrome, autism, etc. For example, when someone says, “If you don’t sell this, I will kill you”, this is impermissible. Unless the one force has been given the authority to do so, and the one being coerced cannot protect himself. For example, “If you don’t sign this document or sell your house, I will kill you”. If the other party has no power to refute it, then this is unlawful. However, coercion is permissible when it comes from a lawyer. For example, when an individual makes a pawnbroking agreement. If he does not settle his debts, the pawnbroker can sell them off to repay the debt. Coercion also has its requirements. For example, a lawyer can execute the law against someone who is bankrupt. |
The conditions that must exist in the buyer and seller are:
(a) Having reached puberty (b) Sanity (c) That one’s disposal over one’s property not be suspended (d) And that one not be unjustly forced to make the sale. (O: The agreement of someone unjustly forced to sell his property is invalid because of lack of consent, though it is valid if he is justly forced, as when he is ordered to sell his property to repay a debt.) |
وشروطُ المتبايعَيْنِ:
[وعدمُ الرقِّ]
|
| We cannot sell the Qur’an to non-Muslims; they might not understand the divinity of it (put in places like toilets, on the floor, etc.). However, new Muslims can sell the translation without the original text and verses.
For those who cannot understand Arabic, they can refer to an online version and its translation. It is allowed as this is not considered a sale transaction. (لا يَعتِقُ عليهِ) The slave is non-Muslim and cannot sell to them. Cannot sell to those who are at war with Muslims as it will bring harm. |
(e) If a Koran is being purchased for someone, it is obligatory that the person be Muslim. (O: The same is true of books of hadith and books containing the words and deeds of the early Muslim, “Koran” in this context means any work that contains some of the Koran, even a slight amount.) (A: This ruling holds for any religious books, even the Tabaqat of
Sha’rani (n: a collection of biographical sketches of Muslims), though the Hanafi school permits non-Muslims to buy or be given the Koran and other Islamic books.) (f) it is a condition that someone buying weapons be of a people who are not at war with Muslims. |
و يشترط أيضا: الإسلامُ فيمَنْ يُشترى لهُ مُصحفٌ، أوْ مسلمٌ لا يَعتِقُ عليهِ، وعدمُ الحِرابةِ في شراءِ السلاحِ |
| A slave can conduct a sale transaction with his owner’s permission | If the master allows his slave who has reached puberty to trade, he can act accordingly to the extent of his master’s permission | فإنْ أذنَ السيدُ لعبدهِ البالغِ في التجارةِ تصرَّفَ بحسبِ الإذنِ |
| Unless there is clear evidence (eg. certificate) saying that the owner allows his slave to conduct a sale transaction | It is not permissible for anyone to conduct any transaction with a slave, unless he knows that his master has permitted him, based on evidence [by witness] or by his master saying it [to the one conducting the transaction with his slave] | ولا يجوزُ لأحدٍ معاملةُ عبدٍ إلا أنْ يعلمَ أنَّ سيدهُ أَذِنَ لهُ، ببينةٍ، أوْ بقولِ السيدِ |
| The statement of a slave is invalid and might have inconsistencies (lying) | And the slave’s words are not accepted regarding it [=the trade/transaction] | ولا يُقبلُ فيهِ قولُ العبدِ |
| The reason why a sale transaction is invalid if conducted by a slave (without his owner’s permission) is that a slave does not own anything. | And a slave does not own anything other than what is owned by his owner. | والعبدُ لا يملكُ شيئاً وإنْ ملَّكهُ سيدُهُ |
Conclusion:
In conclusion, the principles of Islamic finance underscore the importance of ethical and moral considerations in financial transactions. These principles are designed to ensure fairness, transparency, and justice, particularly in matters of trade and commerce. The discussions highlighted the need for maturity, sanity, and autonomy in buyers and sellers, and emphasized the impermissibility of coercion, especially when it is unjust. Moreover, the document elaborated on the specific conditions under which transactions, such as those involving minors, individuals with mental health issues, or slaves, are considered valid or invalid. These guidelines ensure that all transactions are conducted in a manner that upholds the ethical standards set by Islamic law, thereby protecting the rights and interests of all parties involved.
Written By: Maryam Bte Aziz
Vetted By: Ustaz Anwar Hussain and Ridhwaan Radzi
Episode: https://www.spreaker.com/episode/episode-181-umdatus-salik–52127279
Umdatus Salik #1 : The Concept of Sale in Islam & The Spoken Offer and Acceptance
