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Lesson 4 of 1530 min

Prohibited Sales

🚫 Forbidden Sales — Beware the Market's Pitfalls!

📖 Opening Scene: At the Medina Market

Medina Market... The Prophet ﷺ passes between the sellers...

He stops by a food vendor... He puts his hand into the pile of grain...

His fingers get wet!

The Prophet ﷺ: "What is this, O seller of food?"

The seller: The rain touched it, O Messenger of Allah!

The Prophet ﷺ: "Why didn't you put it on top so people could see it?!"

Then he ﷺ said in a voice that all in the market heard:

The Prophet ﷺ: "Whoever cheats us is not one of us!"

This lesson reveals to you the sales that Islam has forbidden, their causes, and how to protect yourself and your business from these pitfalls.


📖 Why Are Some Sales Forbidden?

📜 Hadith on the Lawful and Unlawful

The Prophet ﷺ said:

"The lawful is clear and the unlawful is clear, and between them are doubtful matters that many people don't know. Whoever avoids the doubtful matters protects his religion and his honor."

[Agreed upon]


🔍 Causes of Forbidden Sales

🌳

🚫 Causes of Forbidden Sales

Usury

Surplus without counter-value

Uncertainty

Ignorance and uncalculated risk

Injustice

Devouring others' wealth unjustly

Unlawful Object

Alcohol, pork, idols


⚠️ Section 1: Sales Forbidden Due to Uncertainty (Gharar)

What is Gharar?

📜 Definition of Gharar

Gharar: That whose outcome is unknown, whether it will exist or not.

— Definition of the jurists


🎯 The Pebble Sale

📖 Scene: Pre-Islamic Sales

In a pre-Islamic marketplace... a vendor displays various fabrics...

The seller: Throw this pebble! Whatever it lands on is yours for a dinar!

The buyer: But I don't know which fabric I'll get!

The seller: That's luck and adventure!

📜 Prohibition of Pebble Sale

The Prophet ﷺ prohibited the pebble sale.

[Narrated by Muslim]

Forms of the pebble sale:

FormDescription
Throwing the pebbleWhatever it lands on is yours
Distance of throwI sell you of my land what your pebble reaches

Why is it forbidden? 🔴 Ignorance of the sold item = gharar!


🎯 The Touch Sale and the Toss Sale

📜 Prohibition of Touch and Toss Sales

The Prophet ﷺ prohibited the Mulamasa and Munabadha.

[Agreed upon]

🌳

📊 Forbidden Pre-Islamic Sales

All are uncertainty and ignorance
Mulamasa (touch)

Whatever you touch is yours

Munabadha (toss)

Whatever I throw to you is yours

Hasah (pebble)

Whatever the pebble lands on is yours


🎯 Habal al-Habala Sale

📖 Scene: Selling the Distant Future

The seller: I'll sell you what's in this she-camel's womb!

The buyer: Okay... and when will I receive it?

The seller: Better yet, I'll sell you what my camel will give birth to, then what her daughter will give birth to!

The buyer: 😮 That's years away!

📜 Prohibition of Habal al-Habala

The Prophet ﷺ prohibited the sale of Habal al-Habala.

[Agreed upon]

The two interpretations:

InterpretationMeaning
Offspring of offspringWhat the camel gives birth to, then what her daughter gives birth to
Distant termSale until the camel gives birth and her daughter gives birth

The cause: Extreme uncertainty — the sold item doesn't exist and may never exist!


🎯 Madamin and Malaqih Sales

🌳

🐪 What Cannot Be Sold from Animals

Non-existent + unknown = gharar
Madamin

What is in the loins of male animals (semen)

Malaqih

What is in the wombs of female animals (fetuses)


🎯 Selling Fruits Before They Ripen

📜 Prohibition of Selling Fruits

The Prophet ﷺ prohibited selling fruits until their ripeness appears.

[Agreed upon]

📖 Scene: When is Sale Permissible?

The farmer: I'll sell you the fruit of my palm tree.

The buyer: But it hasn't turned red yet!

The farmer: It will turn red soon, God willing!

The buyer: What if a blight strikes it before that?

Cause of prohibition:

ReasonExplanation
Risk of damageFruits may be damaged before ripening
UncertaintyUnknown whether the fruit will be good or not

When is sale permissible? ✅ After the appearance of ripeness (reddening or yellowing)


⚔️ Section 2: Sales Forbidden Due to Injustice

🔴 Najsh Sale (Fraudulent Bidding)

📖 Scene: Auction Conspiracy

Public auction... a man wants to sell his car...

The seller (secretly to his friend): Bid on the car to raise the price, you'll get a share!

At the auction...

The friend: Thirty thousand!

A real buyer: Thirty-five!

The friend: Forty!

The buyer thinks the car is worth it... buys at forty-five!

📜 Prohibition of Najsh

The Prophet ﷺ prohibited Najsh.

[Agreed upon]

Ruling on Najsh:

PartyRuling
The fake bidderSinful — he devours people's wealth unjustly
The complicit sellerSinful accomplice
The contractValid with sin according to the majority

🔴 Intercepting Caravans

📖 Scene: Exploiting the Ignorant

A trading caravan arrives from the desert...

A man from Medina goes out to intercept them before they enter the market...

The man: At what price are you selling the dates?

The bedouin: At ten dirhams per sa'.

The man: (knowing the price is thirty!) I'll buy everything you have!

He buys at ten and sells at thirty!

📜 Prohibition of Intercepting Caravans

The Prophet ﷺ prohibited intercepting caravans for sale.

[Agreed upon]

The wisdom:

  • 🔴 Protecting sellers from being cheated
  • ✅ They have the right to cancel if they learn the market price

🔴 The Townsman Selling for the Bedouin

📜 Prohibition

The Prophet ﷺ said: "The townsman should not sell for the bedouin."

[Agreed upon]

📖 Scene: The Greedy Middleman

A bedouin arrives at the market with his sheep to sell...

The townsman: Don't sell today! Leave them with me, I'll sell them for you at a higher price!

The bedouin: But I want to sell and go back!

The townsman: Patience! Winter is coming and prices will rise!

The cause:

HarmExplanation
On market peopleThey're deprived of goods
On pricesThey rise due to hoarding

🔴 Hoarding (Ihtikar)

📜 Severe Warning Against the Hoarder

The Prophet ﷺ said: "Only a sinner hoards."

[Narrated by Muslim]

📖 Scene: Greed During Crisis

An epidemic strikes the country... people need masks and sanitizers...

The merchant: I'll buy all the stock and hide it!

One week later...

The merchant: Now I sell at ten times the price!

People have no alternative...

Definition of hoarding:

📊 When is Hoarding Forbidden?

Buying food/necessities

In times of scarcity

To raise prices on people

= Forbidden hoarding

What the ruler can do:

  • ✅ Force price controls on hoarders
  • ✅ Sell the stock forcibly at fair price

🔴 The 'Ina Sale

📖 Scene: Disguised Usury

The needy person: I need a thousand riyals in cash.

The seller: Take this device for twelve hundred on credit.

The needy person takes it...

The seller: Now I'll buy it back from you for nine hundred cash!

Result: he gave him 900 and will recover 1200!

📜 Warning Against 'Ina

The Prophet ﷺ said: "When you practice 'Ina... Allah will inflict humiliation upon you that He will not remove until you return to your religion."

[Narrated by Abu Dawud from Ibn 'Umar]

⚠️ Note: This hadith is disputed regarding its authenticity; some hadith scholars weakened it due to a weakness in its chain, while al-Albani authenticated it along with others. The prohibition of 'Ina is established through other evidence.

Why is it forbidden?

⚖️

💰 The Reality of 'Ina Sale

Appearance

Sale then buyback

1000 cash

Reality

= Disguised usury

Loan with interest!

1200 on credit


🍖 Section 3: Sales Forbidden Due to the Object

📜 The Comprehensive Hadith

The Prophet ﷺ said: "Allah has forbidden the sale of alcohol, carrion, pork, and idols."

[Agreed upon]

🌳

🚫 Objects Forbidden to Sell

Alcohol

He forbade drinking and selling

Carrion

Forbidden for eating so its sale

Pork

Text and consensus

Idols

Whatever is worshipped besides Allah

Dog

He forbade its price

⚠️ Exception for Dogs

Type of DogRuling
Hunting dogDisagreement — some permitted
Guard dogDisagreement — some permitted
OtherForbidden by consensus

🤝 Section 4: Sales Forbidden for Others' Rights

Selling Over Your Brother's Sale

📜 Prohibition

The Prophet ﷺ said: "Let not one of you sell over his brother's sale."

[Agreed upon]

📖 Scene: Forbidden Intervention

Zayd and Amr agreed on buying a car for fifty thousand...

They're still in the option period...

Khalid comes:

Khalid: O Amr! I'll sell you a better car for the same price!

When is it forbidden?

SituationRuling
Before agreement✅ Permissible — competition is legitimate
After agreement and before binding❌ Forbidden — transgression on brother's right

Bidding Over Your Brother's Bid

📜 Prohibition

The Prophet ﷺ said: "Let not a man bid over his brother's bid."

[Agreed upon]

Bidding (sawm): Negotiation and bargaining.

When is it forbidden? After inclination and mutual agreement — meaning after preliminary agreement.


Selling After the Friday Prayer Call

📜 Verse of Prohibition

﴿O you who believe! When the call is made for prayer on Friday, hasten to the remembrance of Allah and leave all trading﴾

[Al-Jumu'a: 9]

QuestionAnswer
For whom is it forbidden?Those for whom Friday prayer is obligatory (free resident male)
Is the contract valid?Disagreement — the majority: valid with sin

📊 Effects of Forbidden Sales on the Contract

🌳

⚖️ Effects of Prohibition on the Contract

Forbidden in itself

like usury

Void — no effect
Forbidden by an attribute

like Najsh

Valid with sin
Forbidden for external cause

like Friday time

Valid with sin

📖 Stories from the Righteous Predecessors: Imam Ahmad's Piety

📖 Story: Scrupulousness in Money

Imam Ahmad ibn Hanbal, may Allah have mercy on him, was poor...

He was offered money from the state...

The messenger: This is a grant from the treasury, take it O Imam!

Imam Ahmad: I fear there may be suspicion in it.

The messenger: But it's lawful! And people take it!

Imam Ahmad: "Leaving a daniq (small coin) of haram is better than a thousand pilgrimages!"

And he was asked, may Allah have mercy on him, about suspicious money, he said:

"A third of people's wealth is unlawful!"

He meant: to warn against negligence in transactions.

The lesson: 💎 Scrupulousness in transactions is a sign of faith.


🎯 Contemporary Cases — Test Your Understanding!

Case 1: Fraud in Online Marketing

An online seller displays beautiful photos of the product...

But the real product is much lower quality!

Question: What is the ruling?

Answer:

  • Forbidden fraud — "Whoever cheats us is not one of us"
  • ✅ The buyer has the right to return and refund
  • ⚠️ Honest negative review: permissible, even required to warn people

Case 2: Inflating Prices at Online Auctions

Someone arranges with his friend to bid on eBay to raise the price on real buyers!

Question: What is the ruling?

Answer:

  • This is exactly the forbidden Najsh!
  • Even if it's electronic, the ruling is the same
  • 🔴 Devourer of wealth unjustly

Case 3: Hoarding Masks During the Epidemic

A merchant buys all masks and sanitizers during the epidemic...

Then sells them at several times the price!

Question: What is the ruling?

Answer:

  • Forbidden hoarding — "Only a sinner hoards"
  • 🔴 Among the worst injustices in times of need
  • ✅ The ruler can fix prices and confiscate the stock

Case 4: Opening the Shop During Friday Prayer

A shop owner opens his shop and sells during the Friday sermon.

Question: What is the ruling?

Answer:

  • Forbidden for those for whom Friday prayer is obligatory
  • ⚠️ The contract: valid with sin according to the majority
  • ✅ The duty: close the shop and go pray

Case 5: Buying a Stolen Phone

Someone finds a new phone sold at half price...

He suspects it's stolen but the seller denies!

Question: What is the ruling?

Answer:

  • It's not permissible to buy with strong suspicion
  • 🔴 The buyer becomes an accomplice in the sin if he buys
  • ✅ Golden rule: "What people ask many questions about, leave it"

💎 Lesson Summary

Cause of ProhibitionExamplesRuling
UncertaintyPebble, touch, Habal al-HabalaVoid
InjusticeNajsh, intercepting caravans, hoardingForbidden (valid with sin)
Unlawful objectAlcohol, pork, idolsVoid
Others' rightsSelling over sale, Friday timeForbidden

🤔 Pause and Reflect

Question to ponder:

You're a seller... and the whole market cheats: they mix good with bad.

If you don't do like them... you'll lose customers.

What do you do?

📜 Always Remember

The Prophet ﷺ said: "Both parties have the option as long as they haven't separated. If they are honest and transparent, their sale will be blessed. If they conceal and lie, the blessing of their sale will be erased."

[Agreed upon]

  • 🔴 Fraud is forbidden even if everyone does it
  • ✅ "Whoever leaves something for Allah, Allah will replace it with something better"
  • 💡 Honesty is blessing, fraud erases blessing

O Lord, increase me in knowledge! 📖