It Is Not Permissible To Place An Unlawful Condition On A Sale

Laws of trade

Mufti Abu Muhammad Ali Asghar Attari Madani

It is not permissible to place an unlawful condition on a sale

Question 1: What do the respected scholars say about this issue: I sell seeds. When a landowner comes to our market to buy seeds, the shopkeepers sell the seeds to him, but at the same time they put a condition that they (i.e. the landowners) will sell their crop to them (i.e. to the shopkeepers). What is the ruling in this case?

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَةَ الْحَقِّ وَالصَّوَابِ

Answer: In such a case, the condition attached to the purchase is unlawful and a sin.

The reason for this is that the condition of selling the crop to the seller along with the sale of the seeds is an unlawful condition because it has an obvious gain to the seller; and the condition which is not required by the transaction and which benefits one of the parties of the contract, such a condition becomes invalid, and an invalid condition makes the sale unlawful, and committing an unlawful sale is a sin. It is stated in Bahar-e-Shari’at: ‘A condition which is contrary to the requirement of the contract and which benefits the seller or the buyer or the product itself (when the product can benefit), such a condition invalidates the trade.’ (Bahar-e-Shari’at, vol. 2, p. 702)

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

How is it to earn commission for providing someone with a loan from a bank?

Question 2: What do the respected scholars say about this issue that if a person mediates between a person who is taking a loan on interest, and a bank, and fulfils the legal requirements of this agreement, will he be sinful as well?

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَةَ الْحَقِّ وَالصَّوَابِ

Answer: Just as it is Haraam and sinful to give or take interest, it is also Haraam and sinful to be a witness for an interest-based agreement. Also, anyone who will be a direct helper in the interest agreement will also be considered involved in this crime and will also be guilty.

Allah عَزَّوَجَلَّ says in the Quran:

وَ تَعَاوَنُوْا عَلَى الْبِرِّ وَ التَّقْوٰى ۪-وَ لَا تَعَاوَنُوْا عَلَى الْاِثْمِ وَ الْعُدْوَانِ۪-

And help one another in righteousness and piety, and do not help one another in sin and injustice,

[Kanz-ul-Iman (translation of Quran)] (Part 6, Surah Al-Maa’idah, Verse 2)

Sayyiduna Jabir رَضِىَ الـلّٰـهُ عَـنْهُ narrates:

لعن رسولاللهصلی الله تعالیٰ علیه وسلم اٰکل الربا و موکله و کاتبه و شاھدیه و قال ھم سواء

Translation: The Holy Prophet صَلَّى الـلّٰـهُ عَلَيْهِ وَاٰلِهٖ وَسَلَّم cursed the accepter of interest and its giver, the one who records it, and the two witnesses of it, and he said: They are all equal. (Muslim, p. 663, Hadees: 4093)

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

How is it to be a guarantor for an interest-based loan?

Question 3: What do the respected scholars say about this issue that a borrower from the bank offers a shopkeeper as a guarantor to receive the loan. How is it to be a guarantor for the borrower of an interest-based loan? Will the guarantor also be sinful?

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَةَ الْحَقِّ وَالصَّوَابِ

Answer: The guarantor is also a part of this interest-based agreement. His name is written in this agreement, and unless there is a guarantor, this agreement is not complete. Therefore, the guarantor is also a direct aid and a helper in this agreement. On this basis, the guarantor will also be guilty.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

How is it to buy and sell children's lotteries?

Question 4: What do the respected scholars say regarding the following issue: Is it permissible to buy and sell lotteries for children that are found in the shops or not?

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَةَ الْحَقِّ وَالصَّوَابِ

Answer: One of the basic conditions of buying and selling is that the thing being bought should be known and there should be no ignorance about it. When buying children’s lotteries, it is not known what (reward) is inside it, and sometimes it turns out to be empty and the buyer's money is wasted. Similarly, sometimes a low priced item is won in which case, the buyer loses (some of) his money. And sometimes, something more than the lottery price is won. Such lotteries are not free from two states: If there are some lotteries which do not have any reward in them, then it is clearly gambling. And if it is such that no lottery is void of a reward, but there are rewards of different values inside and anything could be won (from the numerous rewards), then this is buying and selling of an unknown thing, invalid trading and a sinful act.

This trading is more common in the streets and children usually buy such lotteries. The shopkeeper is gaining from this but the children who buy it are usually at a loss; and when there is no reward, the child thinks that if nothing comes out today, something will be won tomorrow. I will try my luck again tomorrow. So, he buys the lottery again.

It is also the responsibility of the shopkeepers not to keep such items in their shops as the children would buy only what is available at the shop. If the lottery is not available at the shop, then the children would not buy it.

It should also be clear that the money earned by selling such lotteries will not be permissible, rather, it will be Haraam.

Allah Almighty has forbidden Muslims to acquire each other's wealth by unlawful means. In this regard, it is said:

وَ لَا تَاْكُلُوْۤا اَمْوَالَكُمْ بَیْنَكُمْ بِالْبَاطِلِ

And do not unfairly consume the wealth of each other,

[Kanz-ul-Iman (translation of Quran)] (Part 2, Surah Al-Baqarah, Verse 188)

In the commentary of this verse, it is stated: ‘In this verse, it (mentions that it) is Haraam to consume someone's wealth in an unlawful manner, whether by stealing or snatching, or gambling, or from Haraam amusements or Haraam deeds, or in exchange of Haraam things, or bribery, or false testimony, or by tale telling. All this is forbidden and Haraam. (Tafseer Khazaain-ul-‘Irfaan)

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم