RULING ON SELLING AN SAMPLE SALE

Praise be to God, and prayers be upon my master, the Messenger of God, and after,

One of the most important things that jurisprudence does is to cut off disputes between people in their financial dealings. Therefore, he had an advantage over all other Sharia sciences.

Perhaps the subject of bail or guarantee is one of the issues in which there are many disputes because man is innate to love money, so the jurists have devoted themselves to clarifying all the partial details related to this subject.

Ruling on ([1]) selling ([2]) the sample sale

The sayings of the jurists:

([1])Judgment linguistically: prohibition, it is said that you judged him: if you prevented him from opposing him, then he was not able to deviate from that.

     Judgment also: and the judiciary, it is said: I judge between people: if I judge between them and separate. Al-Fayoumi, Al-Misbah Luminir, Scientific Library, Beirut, (1/145). Al-Fayrouz Abadi, Al-Qamous Al-Muheet, Al-Resala Foundation for Printing, Publishing and Distribution, Beirut, 8th Edition, (1/1095).

*- In the custom of the fundamentalists: the speech of God Almighty related to the actions of those charged with necessity, choice, or situation. Al-Shawkani, Irshad Al-Fahul, Dar Al-Kitab Al-Arabi, Damascus, 1st edition, 1999 AD, (1/5).

*- In the custom of jurists: the impact of the street’s speech, such as obligating prayer and prohibiting adultery and usury. Islamic jurisprudence and its evidence, Wahba al-Zuhaili, (1/30). Zaidan, Al-Wajeez fi Usul al-Fiqh, p. 25.

([2])Selling is the source language of selling, which is the exchange of money for money, or the exchange of something for something. And it is one of the names of opposites, i.e. it is applied to buying and selling, as in His saying (and they bought it for a low price, a few dirhams, and they were among the ascetics in it) Surah Yusuf, verse (20). They bought him at a low price: i.e. his brothers sold him for a small price. Ibn Katheer, Interpretation of the Great Qur’an, Dar Taibah for Publishing, Distribution, 2nd Edition, 1999 AD, Part 4, p. 377. Ibn Manzoor said: Selling is a source of selling, against buying. And selling is also buying, Ibn Manzoor, Lisan Al-Arab, Dar Sader, Beirut, 3rd edition, 1414 AH, part 8, p. 23. Sale idiomatically: Shafi’i defined it: “A financial exchange contract that benefits the property of a property or a benefit on perpetuity, not on the face of kinship.” Ahmed Al-Qalyubi and Ahmed Amira, Hashita Al-Qalyubi and Amira, (2/191).