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Issue No. 1789Formula Of Purchase and Sale

Formula in other Languages

Issue No.1789- The parties involved in a transaction may pronounce the formula of purchase and sale in any language they know. Hence, if the seller says in English, “I have sold this property in exchange for this amount of money” and the buyer says, “I have accepted it”, the transaction is in order. The same goes for when they pronounce it with other statements that clearly express the same meaning. However, if the formula is not pronounced, but the seller hands over the commodity to the buyer with the intention of selling it to him, and the buyer also takes it with the intention of buying it, it will be sufficient, provided that all the conditions of transaction have been met.

Issue No. 1782Commodity and its Substitute

Conditions of Commodity and its Substitute

Issue No.1782- The commodity which is sold, and the thing which is gained in exchange, should fulfil the following conditions:1) Its quantity should be known by means of weight, volume or number.2) It should be deliverable. Therefore, selling an animal which has run away is not correct as an obligatory precaution, even if it is sold along with a deliverable item. 3) One should specify the features of the commodity which influence the value of the commodity or make it desirable to people.4) Another person should not have any right to the commodity or the item gained in exchange. Therefore, a property that has been put up as collateral cannot be sold without permission. The buyer can also give the profit of his own property instead of money. For example, if a carpet is bought and in return, the profit of his house is given for one year, The buyer and seller are free in fixing the price or rate of a commodity but if, in some cases, this privilege leads to corruption and disorder in the economic system of the Islamic society, the Islamic judge can fix the rate and make others deal on its basis.

Issue No. 1775Sellers and Buyers

Conditions of Sellers and Buyers

Issue No.1775- There are some conditions for sellers and buyers:1) They should be mature [1]. 2) They should be sane.3) They should not be of those who are prohibited from making use of their property (e.g., when one is banned from making use of his property by an Islamic judge due to insolvency). 4) Both parties should be serious in their intentions in transacting a commodity. Hence, if a person states that he has sold his property in a humorous manner, that transaction is void. 5) They should not be forced into transaction. 6) They should be the rightful owners of the commodity which they wish to sell, or should be representatives of the rightful owner, or be the legal guardian of the minor.

Issue No. 1776To Transact with an immature Child

Transaction with an Immature Person is Void

Issue No.1776- Transaction with an immature person is void even though his legal guardian permits him such. However, there is no harm if the transaction is made with the guardian of the child and the minor serves as a means of giving money to the seller or the commodity to the buyer but the seller and the buyer should be certain that the child will take the commodity or the money to its owner.

Issue No. 1766Reba (Usury)

Kinds of Riba

Issue No.1766- The practice of Usury is haram, and it is of two kinds: 1) Usury in loan that will be explained, InshAllah, in the section dealing with loans. 2) Usury in transaction; this means to sell a quantity of a commodity which is sold by weight or volume at a higher rate against the same type of commodity, such as selling three kilos of wheat for 31⁄2 kilos of wheat. In Islamic narrations, usury has been extremely advised against and is considered a major sin.

Issue No. 1752Haraam and void Transaction

Void Transactions

Issue No.1752- Transactions in the following cases are void:1) To sell and purchase original najis things, i.e., things which are originally najis, like urine, faeces and blood, as an obligatory precaution. Therefore, it is not permissible as an obligatory precaution to sell and purchase najis manure, however there is no harm in using them. Though the sale and purchase of blood which is used to save the life of the injured and the sick in our time, is permissible. Similarly, the sale and purchase of hunting and guard dogs are permitted.2) Sale and purchase of usurped properties. [There would be no problem if the owner permits the transaction]3) Sale and purchase of things which are usually utilised for haram acts, like musical instruments and gambling instruments.4) Sale and purchase of things that among people, are not considered to possess the value of transaction, though they may be of some value to a particular person, like many insects.5) Any transaction which involves usury.6) A transaction which involves fraud or adulteration and the buyer is not informed about it, like selling milk mixed with water, or oil mixed with fat or another thing. This act is called cheating (ghish) or fraud, and it is considered as one of the major sins. It has been narrated that the Holy Prophet of Islam (ṣ) said, “If a person cheats the Muslims in a transaction or harms them, or deceives them, he is not one of us. And when a person cheats his fellow Muslim Allah deprives him of His blessing in that person’s livelihood, closes the means of his earnings and leaves him to himself ”.7) No one can take the possession of isolated lands by registering and it is not permissible to purchase or sell them unless one prepares them for cultivation.

Issue No. 1587Conditions upon which Paying Zakat is Obligatory

The Conditions

Issue No. 1587- Payment of zakāt becomes obligatory under the following conditions:I. The property should reach the prescribed taxable limit, which will be explained later.II. The owner should be sane and mature.III. The owner should be legally able to benefit from the property. IV. If a person remains the owner of cows, sheep, camels, gold and silver for 12 months, payment of zakāt becomes obligatory for him. However, the obligatory precaution is that payment of zakāt becomes obligatory from the first day of the twelfth month, and if some of the conditions cease to exist during the twelfth month, the zakāt should be paid.

Issue No. 1628Taxable Limit of Sheep

Sheep Has Five Taxable Limits

Issue No. 1628- Sheep have five taxable limits:1- 40 sheep, the zakāt of which is one sheep. No zakāt is payable on less than that.2- 121 sheep, the zakāt of which is two sheep.3- 201 sheep, the zakāt of which is three sheep.4- 301 sheep, the zakāt of which is four sheep.5- 400 sheep and more, the zakāt of which is one sheep for each group of 100 sheep, and there is no zakāt on the group of sheep, which is less than 100, and there is also no zakāt for the number of sheep between the two taxable limits. Therefore, if the number of sheep has reached 40, but does not reach the second taxable limit, which is 121, the owner should give only one sheep as zakāt, and the same rule applies to the succeeding taxable limits.

Issue No. 1641Usages of Zakat

The Eight Purposes in which Zakat can be Spent

Issue No. 1641- Zakāt should be spent for the following eight purposes:1 & 2 It may be given to poor or destitute persons, and they are the ones who are not able to meet their own expenses, as well as that of their families for a period of one year. The difference between poor or destitute is that the former may not beg anyone for help, but destitute is a needy person who may do so. Those people who have a business, or possess a property or capital or a trade but still are not able to meet their expenses are classified as "Faqir" (poor), and can make up the shortfall of their living through zakāt.3- A person who is a wakīl of the Holy Imam (as) or his representative to collect zakāt, to keep it in safe custody, to maintain its accounts and to deliver it to the Imam or his representative or to spend it in the proper ways, may use zakāt as a wage for the work he has done.4- It may be given to people weak in faith, whose faith is strengthened and they may be inclined to Islam as a result of giving them zakāt. 5- It can be spent to purchase slaves in order to set them free.6- It can be given to indebted persons who are unable to repay their debts.7- It may be spent in the way of Allah, i.e., ways which have public benefit for Muslims. For instance constructing a mosque, a school for religious education, Islamic propagation centres, dispatching propagators, publishing useful Islamic books, and in short, anything which has a benefit for Islam and in whatever way or manner it may be, particularly jihād (holy war) in the way of Allah.8- It may be given to an ibn al-sabīl (a penniless traveller). He can receive zakāt to the extent of his need, although he may be rich and needless in his place of residence.

قرآن و تفسیر نمونه
مفاتیح نوین
نهج البلاغه
پاسخگویی آنلاین به مسائل شرعی و اعتقادی
آیین رحمت، معارف اسلامی و پاسخ به شبهات اعتقادی
احکام شرعی و مسائل فقهی
کتابخانه مکارم الآثار
خبرگزاری رسمی دفتر آیت الله العظمی مکارم شیرازی
مدرس، دروس خارج فقه و اصول و اخلاق و تفسیر
تصاویر
ویدئوها و محتوای بصری
پایگاه اطلاع رسانی دفتر حضرت آیت الله العظمی مکارم شیرازی مدظله العالی
انتشارات امام علی علیه السلام
زائرسرای امام باقر و امام صادق علیه السلام مشهد مقدس
کودک و نوجوان
آثارخانه فقاهت