Haraam Transactions
2063. Haraam and void transactions are divided into six categories.
First: Selling and purchasing of Ain Najasat (essential Najasat) like alcoholic beverages, pigs, dead body, urine, faeces, besides, if a permissible use of Ain Najasat except alcoholic drinks, pig and dead body is possible like, selling and purchasing it is permissible, however as a precaution, such sale and purchase should be avoided.
Second: Sale and purchase of usurped property. If the owner does not agree with the transaction, it is void, and occupancy of that property is Haraam.
Third: It is Haraam to sell and purchase those things, which are not usually considered merchandise, like, the sale and purchase of wild beasts.
Fourth: Sale and purchase of those things, which are usually utilized for Haraam acts only, like, gambling tools for example Backgammon, Chess or tools of pleasure (debauchery).
Fifth: Any transaction, which involves interest.
Sixth: Selling of a commodity, where one commodity is mixed with another and it is not possible to detect the adulteration, nor does the seller informs the buyer about it, like, to sell edible oil mixed with fat. This act is called Ghish (cheating) or adulteration. Whenever the purchaser gets to know about it, he can terminate this transaction and in some cases, the transaction is itself void in the first place. Similarly presenting a commodity other than what is described, for example, gold plating the copper and selling it as gold.
The Holy Prophet of Islam (Peace be upon Him) said, “If a person makes a deceitful transaction with a Muslim, or puts them to a loss, or cheats them, he is not amongst my followers. And when a person performs fraud with his fellow Muslim, Allah deprives that man off the blessings in his livelihood, closes the means of his earning, and leaves that man to himself."
2064. There is no harm in selling Pak things which has become Najis, but can be made Pak by washing it. However, if the purchaser is buying it for using where its use requires it to be Pak, for example it is a kind of food which he wants to consume, the seller must inform the buyer about it being Najis. However, if it is not a consumable product like cloth, even though the buyer will pray his prayers in it, as in the prayers the apparent purity of the body and the dress is necessary, it is not obligatory for the seller to inform about it.
2065. If a Pak thing becomes Najis, which cannot be washed with water like edible oil and petroleum, products in case if it can be used where its use requires it to be Pak the seller should inform the buyer about it. Moreover, if there is no use except eating it, selling it is Haraam. Moreover, if it is used where its use does not require it to be Pak, for example if they want to burn the petroleum products there is no harm in selling it.
2066. The purchase and sale of Najis medicines, and is not from Ain Najasat as liquor or dead body for a benefit which is not Haraam, is allowed. In addition, if it is made from liquor or dead body, in case of not being amortized, selling and purchasing of it is Haraam. However, if the money is exchanged with the vessel or the effort of the seller there is no harm in it.
2067. There is no objection to selling or buying the oils, liquid medicines or perfumes which are imported from non-Islamic countries, if it being Najis is not known. In addition, as for the oil, which is obtained from a dead animal, if it is obtained by a non-Muslim in a non-Islamic country, moreover if it is obtained from an animal who if cut, the blood gushes from its vain, the oil is Najis and the transaction is void.
2068. If a fox is not slaughtered according to the religious law, or dies a natural death, it is Haraam to purchase or sell its hide and its transaction is void.
2069. The purchase and sale of meat, hide and suet, which is imported from the non- Islamic country, is void. Moreover, if it is bought from non-Muslim, in a Muslim market, as per obligatory precaution, it is void. However, if a person knows that the animal was slaughtered according to Islamic law, there is no harm in selling or purchasing it.
2070. Selling and purchasing of meat, hide and suet, which is received from a Muslim in a Muslim market there is no harm in it. However, if the person knows about that Muslim that he had bought it from a non-Muslim and had not done the research whether that animal was slaughtered according to the Islamic law or not, this transaction is void. If it is received from a Muslim in a non-Muslim market, as per obligatory precaution, this transaction is void, unless if the Muslim considers this transaction as Pak, and there is a probability that he had researched about it being Pak.
2071. Transaction of alcoholic drinks is Haraam and void.
2072. Sale of usurped property is void if the real owner rejects the transaction, the seller should return the buyer the money taken from him.
2073. If the intention of a buyer is not to pay the price of the commodity being purchased by him, and does not intend to do the transaction, such transactions are a matter of objection. However, if he seriously intends to have a transaction, then there is no harm in it.
2074. If a person has purchased a commodity on credit, and wishes to pay its price later from his Haraam earning, the transaction will be valid. However, he should pay the amount that he owes from Halal property; otherwise, his responsibility is not absolved.
2075. Purchase and sale of instruments of gambling and entertainment, like, guitar, lute and harmonium etc. even small musical instruments is Haraam. It is rather obligatory to break and change its structure.
2076. If a thing, which can be used for Halal purpose, is sold with the intention of putting it to Haraam use, for example, if grapes are sold, so that wine can be prepared from them, the transaction is void and Haraam.
2077. Making a human sculpture is Haraam, as per obligatory precaution, selling and purchasing of human sculpture should be avoided.
2078. Purchasing a thing, which has been acquired by means of gambling, theft, or an invalid transaction, is void and occupancy of that thing is Haraam. In addition, if a person buys such a thing from a seller, he should return it to its original owner.
2079. If a person sells edible oil mixed with fat and specifies it, for example, he says: " I am selling 1 Mann of edible oil", the transaction is void till extent of that fat mixed in the oil and the money received buy the seller is of the buyer and the fat belongs to the seller. Moreover, the buyer has a right to refuse the transaction of the pure oil as well. Where the seller does not say that he is selling a particular thing, and just sells, for example 1 Mann of ghee he possess, and if it turns out to be ghee mixed with fat, the buyer can return it, and ask for pure ghee.
2080. If a seller sells a commodity, which is sold by weight, or measurement, at a higher rate against the same commodity, like, if he sells one Mann of wheat for one and a half Mann of wheat, it is usury and Haraam. In fact, if one of the two kinds of same commodity is faultless, and the other is defective, or the quality of one commodity is good and that of other is bad, or they have a difference in their price and the seller asks for more than the quantity he gives, even then it is usury and Haraam. Hence, if a person gives undamaged copper and takes more of broken copper instead or gives a good quality of rice and asks for more of an inferior quality of rice or gives a designed gold and asks for more of a raw gold, it is usury and Haraam.
2081. If the thing, which he asks for in addition, is different from the commodity, which he is selling, like, if he sells one Mann of wheat against one Mann of wheat and one-dirham cash, still it is usury and Haraam. In fact, if he does not take anything in excess, but imposes the condition that the buyer would render some service to him, even then it is usury and Haraam.
2082. If the person who is giving less quantity of commodity, supplements it with some other thing, for example, if he sells one Mann of wheat with a handkerchief for one and a half Mann of wheat, there is no harm in it. Similarly, there is no harm in it if both the parties supplement the commodity with something, like one Mann of wheat with a handkerchief is sold for one and a half Mann and handkerchief.
2083. If a person sells something by measuring in meter or yard, like cloth, or something which is sold by counting like eggs and walnuts, and receives more instead, for example he gives ten eggs for eleven eggs, there is no objection.
2084. If a commodity is sold in some cities by weight or measurement, and in some other cities by counting, in the cities where the transaction is done by weight and measurement, it is not allowed to sell more of it, and in the cities where the transaction is done in counting, there is no objection in selling more of it.
2085. If a commodity sold and received does not belong to the same category, there is no objection in receiving more of the other commodity. Thus, if someone sells one Mann of rice and receive two Mann of wheat, the transaction is valid.
2086. If a thing, which is being sold in exchange of another thing and both the commodities, is from the same origin, one should not take more of it. For example, if someone sells one Mann of edible oil for one and a half Mann of cheese, it will be usury and therefore Haraam, and, as per obligatory precaution, if a ripe fruit is exchanged for unripe fruit of the same type, one should not take more of it.
2087. As per usury, wheat and barley belongs to the same category. Hence, if a person gives one Mann of wheat and in exchange takes one Mann and five seer of barley, it is usury and Haraam. Therefore, ten Mann of barley, on the condition that he would give in exchange ten Mann of wheat at the time of its harvest, it is Haraam, because he has taken barley on the spot and will give wheat some time later, and this amounts as taking something in excess, and therefore it is Haraam.
2088. There is no objection for a Muslim in taking interest from a non-Muslim, who is not under protection of Islam. Similarly, father and son, husband and wife can take interest from each other.