2120. A commodity that is transacted by weight, may also be transacted by volume, wherein—for example—a person who wishes to sell 10 kgs of wheat, may use a measuring cup that has the capacity for 1 kg of wheat, and measure 10 such cups.
2121. If even one of the conditions that were mentioned earlier is not present in a transaction, it will be void. However, if both owners consent to the use of their property by each other, then there is no objection to their use of each other’s property in ways which are not contingent on ownership.
2122. The transaction of a thing which has been endowed is not valid. However, if it has been damaged to an extent that it is no longer usable for the purpose that it was endowed for, or is close to reaching such a stage, such as the carpet of a mosque, that is damaged to an extent that one cannot pray on it, then there is no problem in selling it. Wherever possible, its replacement should be put to use in the same mosque in a manner that is most congruous to the aims of the endower.
The endowed property should be sold by its trustee, and any use of the property acquired in return should also be carried out by him. In the event that he is not available, it should be carried out with the permission of the ¦¡kim al-shari’yy.
2123. Whenever a dispute arises between the beneficiaries of an endowment, to a degree that if the endowment is not sold, one would fear for the loss of the endowment or the loss of a life, then it may be sold. In such a case, in return for what is sold, a thing should be bought, and in accordance with the former endowment, the profits acquired from it should be spent on the affairs specified by the endower. In the event that this is not possible, it should be spent on affairs which are most congruous to the aims of the endower.
The same will apply if the endower stipulates that if the general interest is upheld by selling it, that it be sold.
2124. There is no problem in selling or purchasing a property that has been rented out. However, the benefits of the property belong to the renter for the length of the rental period.
In this case, if the buyer was not aware that the property has been rented out, or under the impression that the rental period is short, before he chooses to buy it, he can cancel the transaction upon finding out.
The Formal Expression (¥ighah) of a Transaction
2125. In a transaction, it is not necessary to utter its formal expression in Arabic. Therefore, if a seller for example says in English, “I have sold this property in return for this item,” and the buyer responds by saying, “I have accepted,” the transaction will be in order. However, the buyer and the seller must both have the intention of forming the transaction, in the sense that by uttering the above sentences, they wish to carry out a transaction.
2126. If the formal expression is not used in a transaction, but both the buyer and seller have the intention of carrying out a transaction through the act of giving and receiving, the transaction will be valid and both will become owners (of the items exchanged).
The Sale and Purchase of Fruits
2127. The sale of a fruit that has shed its flower and developed into a seed is valid, even before it is plucked. Similarly, there is no problem in the sale of unripe grapes whilst they are still on the vine. However, dates should not be sold before they turn red or yellow.
2128. The sale of one year’s worth of fruits, before it becomes apparent, is not permissible without a supplement. However, the sale of two years’ worth of fruits, and similarly the sale of one year’s worth of fruits with a supplement, is permissible.
Once the fruit becomes apparent (on the trees), but before it sheds its flower and forms into a seed, the recommended precaution is that a produce of the earth, such as vegetables, or any other property, should be sold along with it, or that more than one year’s worth of fruits should be sold to the buyer.
2129. There is no problem in the sale of dates which have turned red or yellow while they are still on the tree. However, it is not permissible to exchange them for the dates of the same tree. Similarly, precaution dictates that it should not be exchanged for the dates of another tree either, be they specifically defined or abstractly.
However, if someone owns a date-palm in the house of another person, then in the event that he estimates its quantity, and sells it to the owner of the house in return for dates, there will be no objection to it.
2130. It is permissible to sell cucumbers, egg-plants, and vegetables that are picked several times in a year, as long as they have become apparent and are visible, and as long as they specify the number of times the buyer will pick them in a year.
2131. If wheat or barley ears are sold after they form grains, for something other than wheat or barley, there is no problem in it. However, selling it for wheat or barley that is derived from the very same ear is not permissible. Obligatory precaution dictates that the same should apply to wheat or barley that is derived from another ear, be it specifically or abstractly defined.
Immediate and Deferred Payment (Naqd wa Nisyah)
2132. If a commodity is sold based on immediate payment, both the buyer and the seller can demand the commodity and its payment from each other and take possession of it. The delivery of property, be it transportable or not, is realized by removing all the obstacles that impede the other party from making use of it.
2133. In a sale of deferred payment, the period of deferment should be precisely defined. Therefore, if a person sells a commodity with the understanding that its payment would be deferred to the beginning of the harvest, the transaction is invalid because the period has not been precisely defined.
2134. If a commodity is sold on deferred payment, the seller may not demand its payment prior to the completion of the agreed period of deferment. If, however, the buyer passes away, and leaves behind an estate, the seller may demand the payment from the inheritors before the completion of the period.
2135. If a commodity is sold on deferred payment, the seller may demand its payment after the completion of the agreed period of deferment. However, if the buyer is unable to pay, the seller must give him respite, or he may cancel the transaction and reclaim possession of the commodity if it still exists.
2136. If a person sells a commodity on deferred payment to a person who is ignorant of its price, and fails to inform him of its price, the transaction will be invalid. However, if he offers the commodity on deferred payment for a higher price to a person who is aware of its price on immediate payment—for example, he may state that the commodity that he is selling on deferred payment will cost 10 cents more for every dollar of its sale on immediate payment—and the buyer accepts it, there will be no problem with the transaction.
2137. If a person who has sold a commodity on deferred payment, and has specified a period for its payment, requests the buyer after—for example—the passage of half the period of deferment to pay him a portion of the price immediately, and (in return) forgoes his claim to the rest of it, there will be no problem in it.
Advance Payment Transactions
2138. An advance payment transaction is one where the buyer buys an abstractly defined commodity by paying immediately, with the understanding that the commodity will be delivered at a later date. Such a transaction is the converse of a transaction of deferred payment.
Hence if the buyer states, “I am giving you this money so that—for example—after six months I acquire the following commodity (which has been abstractly defined),” and the seller responds by saying, “I have accepted,” or if the seller takes possession of the money, and states, “I have sold that commodity (which has been abstractly defined) and I will deliver it after six months,” the transaction will be valid.
2139. If a person sells gold or silver, be it in the form of currency or not, by taking advance payment, and accepts in payment gold or silver, be it in the form of currency or not, the transaction will not be valid. However, if a person sells a commodity or currency which is not in the form of gold or silver, by taking advance payment, and accepts in payment a commodity, or accepts gold or silver, be it in the form of currency or not, the transaction will be valid.
The Conditions for an Advance Payment Transaction
2140. An advance payment transaction must fulfill the following seven conditions:
1. The details which determine the price of the commodity should be specified, and it will be sufficient to specify it to an extent that it would be accepted in the common understanding that its details have been made known. As for the commodities whose specifications and characteristics cannot be defined except by visual observation, such as precious stones and similar items, advance payment transactions are not valid in their case.
2. Before the buyer and the seller leave each other’s presence, the buyer should pay the entire price to the seller, or be owed by the seller an amount that is equivalent to the price—and the amount is either owed immediately, or in the form of deferred payment whose period has come to an end—and thus offer to adjust the debt against the price, to which the seller accepts.
However, if the buyer only pays a part of the price, the transaction will be valid with respect to that amount, and the seller reserves the right to cancel the transaction.
3. The period should be specified in a very precise manner. If for example he says, “I will deliver the commodity at the beginning of the harvest,” the transaction will be invalid because the period has not been precisely defined.
4. The time specified for the delivery should be such that the seller would be able to deliver the commodity at that time.
5. A place for the delivery should be specified in the event that varying locations may cause difficulty in submitting the commodity or loss of property. However, if the delivery location is obvious due to certain qualifiers, it is not necessary to name the location.
6. The amount of the commodity should be specified by weight, volume, count or any such measurements. If the commodities that are usually sold by visual observation, are sold by taking advance payment, there is no problem in it. However, the difference within the commodity should be so insignificant, that people would not pay attention to it, as is the case with certain kinds of eggs and walnuts.
7. If the commodity being sold is usually sold by weight or volume, what is acquired in return should not be of the same commodity. For example, wheat cannot be sold for wheat by taking advance payment.
The Precepts of Advance Payment Transactions
2141. A person may not sell a commodity acquired by offering advance payment, to a person other than its seller before the end of the stipulated period. In fact, obligatory precaution dictates that he cannot even sell it back to the seller in that period either. There is no problem in selling it once the period has expired, even if he has not acquired possession of it.
In the event that he sells it to the seller in return for a payment that is of the same kind as the payment he made, he should not sell it for a price that is greater than his payment.
As for a commodity that is sold by weight or volume, it is not permissible to sell it before acquiring possession of it. However, if it is not sold for a price that is greater than its price, there is no objection to it.
2142. In a transaction involving advance payment, if the seller delivers the transacted commodity on its due date, the buyer must accept it. If he delivers something that is better than what was agreed upon in the transaction, and it is considered to be of the same commodity, again, the buyer must accept it.
2143. If the commodity being delivered by the seller is of a lower quality than what was agreed upon in the transaction, the buyer can choose not to accept it.
2144. If the seller delivers a commodity that is different from the commodity agreed upon in the transaction, there is no objection to it if the buyer consents to it.
2145. If the commodity that was sold by advance payment becomes unobtainable during the period that it is due for delivery, and the seller is unable to make it available, the buyer can choose to wait until he makes it available, or he can choose to cancel the transaction and reclaim possession of the payment he made.
2146. If a person sells a commodity and agrees to deliver it after some time, and also agrees to collect its payment after a particular time, the transaction will not be valid.
The Sale of Gold and Silver for Gold and Silver
2147. If gold is sold for gold, or silver for silver, be they minted or not, in the event that the weight of one is more than the weight of the other, the transaction will be forbidden and invalid.
2148. If gold is sold for silver, or silver for gold, the transaction is valid, and it is not necessary for their weight to be the same.
2149. If gold or silver is sold for gold or silver, the buyer and the seller must give the commodity and its exchange to each other before they depart from each other’s presence. If they fail to give any part of the items that were transacted, the transaction will be void.
