Rules of Sales
🏪 Rules of Sale — The Science of Prophetic Commerce
📖 Opening Scene: At the Madinah Market
The market of Madinah... The sun sends its golden rays upon the sellers and buyers...
A man displays his merchandise and swears: By Allah, I bought it for such and such price!
The Prophet ﷺ passes by and hears him... He stops and says:
The Prophet ﷺ: "Swearing sells the merchandise, but erases the blessing!"
(Unanimously agreed upon)
The seller falls silent... and the merchants look at each other...
Then the Prophet ﷺ says:
The Prophet ﷺ: "The two parties have the option as long as they haven't parted. If they are truthful and transparent, their transaction will be blessed. If they conceal and lie, the blessing of their transaction will be erased."
(Unanimously agreed upon)
Thus the Prophet ﷺ taught his nation that trade is worship... and that honesty is its true capital!
This science that the Companions learned is what you will learn in this lesson.
📖 Definition of Sale
Linguistically
Sale (bay'): exchanging one thing for another, or giving a compensation and receiving an equivalent.
Technically
📜 Jurists' Definition
The exchange of property for property in a specific manner, or transferring ownership of a financial asset for compensation in a lawful way.
🌟 The Legitimacy of Sale
From the Quran
📜 The Verse of Permitting Sale
Allah تعالى said:
﴿Allah has permitted sale and forbidden usury﴾
[Al-Baqarah: 275]
📜 The Verse of Mutual Consent
Allah تعالى said:
﴿O you who believe! Do not devour your wealth among yourselves unjustly, except through trade by mutual consent﴾
[An-Nisa: 29]
From the Sunnah
📜 The Best Earning
The Prophet ﷺ was asked: Which earning is best? He said:
"The work of a man with his own hands, and every honest sale."
(Reported by Ahmad and al-Hakim)
📜 The Rank of the Honest Merchant
The Prophet ﷺ said:
"The truthful, trustworthy merchant will be with the prophets, the truthful, and the martyrs."
(Reported by at-Tirmidhi)
Consensus
Muslims are unanimous on the permissibility of sale in general; disagreement exists only on certain types and details.
💡 The Wisdom Behind the Legitimacy of Sale
🎯 Why was sale legislated?
What you have may be needed by others
Meeting needs
Encouraging work & trade
🏛️ Pillars of Sale
According to the Majority (Malikis, Shafi'is, and Hanbalis)
📝 The Three Pillars of Sale
Seller & Buyer
Offer and Acceptance
Goods & Price
According to the Hanafis
The pillar according to them is only the formula (offer and acceptance), the rest are conditions.
| Pillar | Definition | Example |
|---|---|---|
| The contracting parties | The seller and buyer | Zayd sells to 'Amr |
| The formula | Offer and acceptance | "I sold" and "I bought" |
| The subject matter | The goods and price | The car for 50,000 |
📋 Conditions for the Contracting Parties
| Condition | Explanation | Example |
|---|---|---|
| Sanity | The sale of an insane person is void | — |
| Discernment | A discerning child can sell with guardian's permission | 10-year-old buying candy |
| Maturity | For major transactions | Real estate sale |
| Free will | The sale of one coerced is void | — |
📦 Types of Legitimate Sales
🔍 Every sale has its wisdom...
In the Muslim marketplace, sales vary to meet people's different needs...
1. Absolute Sale (Bargaining)
💬 Bargaining
Seller doesn't reveal purchase price
Buyer bargains
They agree on a price
Example: You go to the market and bargain for a product until you agree on a price.
2. Murabaha Sale (Cost-Plus)
📈 Murabaha
Seller reveals purchase price
100
Adds a known profit
20
Final price
120
Example: "I bought it for 100 and I'm selling it for 120."
3. Tawliya Sale (At Cost)
Sale at the same purchase price without profit or loss.
Example: "I bought it for 100 and I'm selling it to you for 100."
4. Wadi'a Sale (At a Loss)
Sale below the purchase price (loss).
Example: "I bought it for 100 and I'm selling it for 80."
| Sale Type | Original Price | Sale Price | Difference |
|---|---|---|---|
| Murabaha | 100 | 120 | +20 profit |
| Tawliya | 100 | 100 | zero |
| Wadi'a | 100 | 80 | -20 loss |
📝 The Formula of Sale
Offer and Acceptance
📜 Definition
Offer (Ijab): What emanates first from one of the contracting parties.
Acceptance (Qabul): What emanates second in agreement with the first.
Types of Formula
📋 Types of Sale Formula
I sold, I bought
Mu'ataat: exchange by action
Written contracts, correspondence
1. Verbal Formula
Explicit terms: I sold, I bought, I transferred ownership
2. Practical Formula (Mu'ataat)
🏪 Scene: At the Supermarket
Ahmad takes a juice bottle from the shelf... puts it in front of the cashier...
He pays the amount... and takes the juice...
Neither of them uttered a word... but the sale is complete!
This is Mu'ataat sale — exchange by action without words.
3. Written Formula
Written contracts, commercial correspondence, electronic contracts.
Ruling on Mu'ataat Sale
| School | Ruling |
|---|---|
| Hanafis, Malikis, and Hanbalis | ✅ Permissible |
| Shafi'is | The correct view is impermissibility except for what is customary |
The preponderant view: Permissibility because it has become customary.
🤝 Conclusion of the Sale
Conditions for Conclusion
1. Mutual Consent
📜 The Verse of Consent
﴿Except through trade by mutual consent﴾
[An-Nisa: 29]
Note: A sale tainted by coercion, deception, or fraud is void.
2. Capacity of the Contracting Parties
- Sanity and discernment
- Legal capacity to dispose
3. Validity of the Subject Matter
- The merchandise must be lawful property legally
- Sale of alcohol or pork is invalid
4. Existence of Authority
- The one disposing must be the owner or agent or guardian
🤲 Sale by Sign
Its Ruling
- ✅ Valid for the mute if the sign is understandable
- ✅ Valid for one who can speak when needed
Its Evidence
📜 Hadith of Ease
"Allah has pardoned my nation for mistakes, forgetfulness, and what they are coerced into."
(Reported by Ibn Majah)
💻 Sale via Modern Communication Means
📱 Scene: E-Commerce
Sara browses a website...
She chooses a dress... reads the description... clicks "Buy Now"...
She pays by card... and waits for delivery...
Is this a legally valid sale?
Ruling on Sale by Phone and Internet
✅ Permissible if legal conditions are met:
- Accurate description of the merchandise
- Clear indication of price and total costs
- Right to cancel upon receipt if not as described
- Guarantee of both parties' rights
Rules of E-Commerce
| Rule | Detail |
|---|---|
| Accurate description | Clear photos and detailed specifications |
| Complete price | Includes taxes and shipping |
| Right to cancel | Right to return if non-conforming |
| Receipt guarantee | Security and tracking system |
🌟 Ethics of Buying and Selling
1. Truthfulness and Honesty
📜 Hadith of Blessing in Truthfulness
The Prophet ﷺ said:
"The two parties have the option as long as they haven't parted. If they are truthful and transparent, their transaction will be blessed. If they conceal and lie, the blessing will be erased."
(Unanimously agreed upon)
2. Ease in Transactions
📜 Hadith of Ease
The Prophet ﷺ said:
"May Allah have mercy on a man who is easy when he sells, when he buys, and when he demands payment."
(Reported by al-Bukhari)
3. Not Making False Oaths
📜 Hadith Condemning Oaths
The Prophet ﷺ said:
"Swearing sells the merchandise, but erases the blessing."
(Unanimously agreed upon)
4. Abandoning Blameworthy Greed
- Being content with reasonable profit
- Not exploiting people's needs
- Avoiding excessive prices
📖 Stories from the Pious Predecessors: The Honesty of al-Hasan al-Basri
📖 Story: The Scholar's Integrity
It is narrated that al-Hasan al-Basri, may Allah have mercy on him, wanted to sell his donkey...
A man came wanting to buy it.
Al-Hasan: "Do you want it for carrying loads or for riding?"
The man: For riding.
Al-Hasan: "Then it's not suitable for you! It's good for carrying but not for riding; its back is weak."
The man was amazed at his honesty and integrity...
The man: I have never seen a seller more honest than you!
Al-Hasan: "Woe to you! Do you think I would hide a defect in my merchandise from you? A Muslim doesn't do that!"
The lesson: Honesty in disclosure is the foundation of Islamic commerce, and it is the cause of blessing.
🎯 Contemporary Cases — Test Your Understanding!
Case 1: Mu'ataat Sale
Samir took a product from the shelf and put its price in the self-checkout without speaking to anyone.
Question: Is this a valid sale?
Answer: ✅ Yes, this is a Mu'ataat sale which is permissible according to the majority of scholars, as it has become customary and the pillars of sale are fulfilled.
Case 2: Online Sale
Fatima bought a dress from a website based on photos and description.
Upon receipt, she found it different from the description!
Question: What is her right?
Answer: ✅ She has the right to cancel because the merchandise didn't match the description. This is the option of inspection or option of defect.
The seller must describe the merchandise accurately to prevent uncertainty, otherwise the buyer has the option.
Case 3: Swearing to Promote Merchandise
The merchant falsely swears that this merchandise is the best, or that he bought it for a higher price, to attract the buyer.
Question: What is the ruling?
Answer: ❌ This is strictly forbidden! It is the immersing oath that immerses its maker in the Fire.
The Prophet ﷺ said: "Swearing sells the merchandise, but erases the blessing."
Case 4: Murabaha in Banks
The Islamic bank buys a car for 40,000, then sells it to the customer for 50,000 in installments.
Question: Is this usury?
Answer: ✅ If the bank owns the merchandise actually then sells it for a known deferred price, this is permissible Murabaha.
The forbidden: That the ownership be fictitious or that it sells what it hasn't received.
Case 5: Price Fixing
The government wants to fix prices of basic commodities to protect consumers from exploitation.
Question: Is price fixing permissible?
Answer: ✅ Price fixing is permissible when needed to repel harm from people, especially in cases of monopoly.
The principle: "No harm shall be inflicted or reciprocated."
💎 Lesson Summary
| Element | Detail |
|---|---|
| Definition of sale | Exchange of property for property in a lawful manner |
| Its pillars | Contracting parties, formula, subject matter |
| Its types | Bargaining, Murabaha, Tawliya, Wadi'a |
| The formula | Verbal, practical (Mu'ataat), written |
| Its ethics | Truthfulness, ease, not swearing |
🤔 Pause and Reflect
Question to ponder:
Imagine you're selling merchandise with a hidden defect that the buyer doesn't know about and won't discover...
Will you tell them? Why?
📜 Always Remember
- Allah sees you when people don't see you
- "The truthful, trustworthy merchant will be with the prophets, the truthful, and the martyrs"
- Blessing is in honesty, not in abundance of money
- "Whoever deceives us is not one of us"
O Lord, increase me in knowledge! 📖