The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No.1781- If a person usurps some property and sells it and later the owner of the property permits it for himself, the transaction is valid.

Issue No.1783- A commodity which is sold by observation, like a house, car and carpets of various kinds, cannot be sold without observation, and if they are sold without being seen, the transaction would not be in order.

Issue No.1784- If a commodity is sold in a city by weight or volume, while in another city, the same commodity is sold by calculation or seeing the item, one should act in each city according to the local custom.

Issue No.1785- If any of the conditions mentioned above is not fulfilled the transaction is void. However, there is no harm if the buyer and seller, [with invalidity of the transaction] both agree with confidence to make use of each other's property.

Issue No.1786- Transactions on endowed property are void. However, if it is spoiled to the extent that it cannot be used for the purpose which it was endowed for, like, if the carpet of a mosque is in a bad state that it is not possible to perform prayer on it, there is no objection in selling it. Similarly, old building materials which are no longer needed for reconstruction of the mosque, can be sold and the money acquired in this way should be spent in the same mosque for the same purpose. In case if this is not possible, it should be spent for a purpose which is nearest to the intention of the endower and if it is not needed for that mosque, it can be used in other mosques.

Issue No.1787- If in a private endowment, a serious strife crops up between the persons for whom endowment is made in a way that if the property is not sold there would be fear of mischief occurring or someone's life or property being endangered, in such cases, the property may be sold, and the sale profits should be spent for a purpose most similar to the intention of the person who made the endowment.

Issue No.1790- Writing and signing documents relating to a transaction whether in a notary office, or elsewhere, can replace the verbal formula (and would suffice for it) except for marriage and divorce in which verbal formula is necessary, as an obligatory precaution.

Issue No.1791- At the time of pronouncing the formula of the transaction, both parties involved should intend to establish a transaction. That is, by uttering the above mentioned words, they should seriously intend upon buying and selling. Similarly, in cases where practical trade replace the verbal formula, there should also be the intention of selling and buying. Both natural and legal persons can be owners and can be parties in the contract. Thus a charitable or a non-profit institute, which has a legal personality, does not make any difference from a natural personality in this regard.

Issue No.1792- It will be in order to purchase and sell the dates which have become yellow or red, or the fruit whose flowers have fallen off and their seeds have been formed so that they have put behind them the threat of pests. There is also no harm in selling sour grapes on the vine, in which case, their quantity should be estimated by experts.

Issue No.1793- If a person wants to sell the fruit which is on the tree before its flowers fall, the obligatory precaution is to sell it along with some of the products of the land, e.g., available vegetables.

Issue No.1795- There is no harm in buying and selling the ears of wheat and barley after the seeds are formed. But selling them for wheat and barley is not allowed as an obligatory precaution. Similarly, the product itself can be bought before the ears appear, whether they make a condition that they should remain until it is ripe, or be used only as grass.

Issue No.1797- When something is sold on credit, the period should be clearly specified, and if a date is not fixed, the transaction is void.