النص المفهرس

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6. A person borrowed one silver coin whose market value was R5.
Thereafter, the market slumped and the value of the same coin dropped to
R4. The person does not have to give any additional silver in order to cover
up the R1. Instead, he merely has to give the same silver coin back or any
other one which is equal to that one in weight. The person cannot say that
he is not going to take the silver coin and that he must bring R5 in cash
instead.
7. It is the custom in certain homes that one house may borrow five cooked
rotis now, and later when they make their rotis, they return them. This is
permissible.
Giving guarantees
1. Na'îmah (name of a woman) was owing money to someone. You went
and gave a guarantee that if she does not fulfil this debt, the person must
come and collect it from you or that you are responsible for her, or that she
owes you as well (i.e. since you have trusted her and lent her money, it is
okay for the other person to trust her as well), or you mention some other
words which could be regarded as a guarantee. The person to whom the
money was owed also accepted this guarantee of yours. It now becomes
wâjib on you to fulfil this guarantee which you gave. If Na'îmah does not
fulfil this debt, you will have to fulfil it and the creditor has the right to ask
for the money from whomsoever he wishes, i.e. either from Na'îmah or
from you. As long as Na'îmah does not fulfil her debt or does not have it
waived, you will continue being her guarantor and being responsible for the
fulfilment of the debt. However, if the creditor waives your responsibility
and says that you are now completely absolved from this agreement and
that he will not ask you to fulfil the debt, then this guarantee of yours will
no longer remain. If the creditor does not accept your guarantee from the
very beginning and says that he is not going to take your guarantee into
consideration, you will not be responsible.
2. You had given a guarantee on behalf of someone. This person did not
have any money to fulfil the debt. You therefore had to fulfil it on his
behalf. If you had given this guarantee upon the insistence of the debtor,
you can claim whatever money you paid to the creditor on behalf of the
debtor. If you had given this guarantee out of your own free will, you will
have to see who had accepted your guarantee first; was it the debtor or the

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creditor? If the debtor had accepted your guarantee first, it will be regarded
as if you had given your guarantee on his instance. You can therefore claim
your money from him. And if the creditor accepted your guarantee first,
you do not have the right to claim it from the debtor. It will be regarded as
if you fulfilled his debt out of your good-heartedness. If the debtor gives
you the money on his own, it will be acceptable (but you cannot demand it).
3. If the creditor grants a respite of one month or fifteen days to the debtor,
then he (the creditor) cannot demand this money from the guarantor during
this period.
4. You did not give a guarantee to pay on behalf of the debtor. Instead, the
money of the debtor was kept in your custody as an amanah. You therefore
said that this person's amânah is kept by you and that you will pay the
creditor from this amânah. However, the amânah that was kept by you got
stolen or disappeared through some other way. Your guarantee will no
longer be applicable. It will not be wajib on you to pay it nor can the
creditor demand it from you.
5. You wished to go somewhere, so you hired or rented a car or truck from
someone. Another person came to the owner of the car and gave a
guarantee that if you do not return it, he will give his own car to the owner.
Such a guarantee is valid. If you do not return the car, the guarantor will
have to give his own car to the owner.
6. You gave a certain item of yours to a person to go and sell it. He sold it
but did not bring the money and says to you: "The money cannot go
anywhere. I am responsible for it. If you do not get it, you must come and
collect it from me." Such a guarantee is not valid.
7. A person says: "Leave your fowl en-caged in this fowl-run. If the cat
captures it, I am responsible. You must take it from me." Alternatively, he
says the following with regard to a sheep: "If the wolf captures it, I am
responsible." Such a guarantee is not valid.
8. If an immature boy or girl gives a guarantee, it will not be valid.
Passing over of debts to someone else
1. You owe money to Shafi'ah while Rabi'ah owes you money. Shafî'ah
asked you for the money which you owe her. You reply: "Rabi'ah is owing
me some money. Take the money which I owe you from her and do not ask
me." If Shafî'ah agrees to this there and then, and Rabi'ah also agrees to

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this, then you are absolved from the responsibility of your debt to Shafi'ah.
Shafî'ah cannot ask you for the money; she will have to ask Rabi'ah,
irrespective of when she receives the money. Furthermore, the money that
you have asked Shafi'ah to collect from Râbi'ah, you cannot claim that
amount from Rabi'ah. However, if Rabi'ah is owing you more than what
you were owing Shafî'ah, you can claim the balance from Rabi'ah. If
Râbi'ah pays the money to Shafî'ah, well and good. But if she did not pay
and passes away, then Shafi'ah will be paid after selling all her (Râbi'ah's)
personal belongings. If Râbi'ah did not leave behind any wealth or pos-
sessions or, while she was alive she denied owing you any money, took an
oath that she owes no money to you, and there are no witnesses in this
regard as well, then in such a case Shaff'ah can ask you for the money that
you owe her and can also demand it from you.
If in the very beginning you ask Shafi'ah to take the money from Rabi'ah
and she does not agree, or Rabi'ah herself is not happy about giving the
money to Shafî'ah, then this debt has not fallen off your shoulders (i.e. you
are still responsible to pay Shafî'ah her money).
2. Râbi'ah was not owing you any money. However, you passed on your
debt (money which you were owing to Shafî'ah) to Râbi'ah. Râbi'ah
accepted this and Shafî'ah also agreed. Even in such a case your debt to
Shafî'ah will be passed over to Rabi'ah and she will be responsible to fulfil
it. Therefore, all the above-mentioned rules will also apply over here. After
fulfilling the debt on your behalf, Rabi'ah can claim that money from you.
However, she does not have the right to claim that money before she can
fulfil it on your behalf.
3. You had kept some money with Rabi'ah as an amânah. You therefore
passed over your debt (money which you were owing to Shafî'ah) to
Râbi'ah. Thereafter, that money which was with Rabi'ah got lost or
disappeared in some way or the other. Râbi'ah is no longer responsible.
Instead, Shafî'ah will demand the money from you and take it from you.
Now she has no right to demand or take the money from Rabi'ah.
4. If you pass over your debt to Râbi'ah and thereafter you yourself fulfil
this debt and pay the money to Shafi'ah, this will be valid. Shafî'ah cannot
refuse to accept the money from you and insist on taking it from Rabi'ah.
Appointing a person as a wakîl (representative)
1. Just as a person has the power to carry out a certain work on his own, he
also has the choice of appointing someone to carry out that task on his

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behalf. This is applicable in buying and selling transactions, taking or
giving on rent, getting married, etc. For example, sending the domestic
servant to the market to purchase something, selling something through her,
sending her to hire a car, taxi, etc. The person who is appointed for such a
task is known as a wakîl (representative or proxy) in the Sharî'ah. If you
send the domestic servant or labourer to purchase something for you from
the market, he will be your wakîl.
2. You sent the domestic servant to purchase meat. She purchased the meat
on credit. The butcher cannot demand the money for the meat from you. He
will have to ask the domestic servant who will in turn ask you for the
money. Similarly, if you ask your domestic servant to sell a certain item for
you, you do not have the right to ask or demand the money from the person
who purchased the item. He will pay the money to the person from whom
he purchased the item (in this case, your domestic servant). But if he comes
and gives the money to you, it will be permissible. What this means is that
if he refuses to give the money to you, you cannot force him to do so.
3. You sent your worker to purchase something and he brought it. He has
the right to refuse to hand over the item to you until you give him the
money for it. This is irrespective of whether he paid for it with his own
money or whether he has not paid for it as yet. However, if he purchased it,
on credit on the promise that he will pay within five or ten days, then he
cannot ask you for the money before the stipulated number of days.
4. You asked your domestic servant to purchase one kilo of meat. She
comes home with one and half kilos. It is not wajib for you to accept the
one and half kilos. If you do not take it, she will have to take the half kilo.
5. You asked a person to go and purchase a certain goat from a certain
person for R200. This wakîl cannot go and purchase that goat at that price
for himself. In other words, when you ask the wakîl to purchase something
specifically for you, it is not permissible for him to purchase that very item
for himself. However, if he purchases it at a price more than what you had
specified, it will be permissible for him to purchase it for himself. But if
you did not specify any price, it will in no way be permissible for him to
purchase it for himself.
6. You did not specify any particular goat. You merely asked him to
purchase a goat for you. It will be permissible for him to purchase a goat
for himself as well. He can purchase whichever one he wishes to purchase
for himself, and whichever one he wishes for you. If he purchases it with
the intention that he is purchasing it for himself, it will be his. If he

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purchases it with the intention that he is purchasing it for you, it will be
yours. And if he purchases it with your money, it will be yours irrespective
of what intention he makes when purchasing it.
7. He purchased a goat for you. However, before he could give it to you, it
died or got stolen. In such a case, you will have to give him the money for
that goat. If you tell him that he had purchased that goat for himself, then
your money will be lost if you had already given him the money. But if you
hadn't given him the money and he comes to you now to ask for the money,
then if you are able to take an oath that he had purchased the goat for
himself, then his goat will be lost. And if you are unable to take an oath,
you will have to accept his word.
8. The labourer or domestic servant purchased an item for you at a high
price. If the price is slightly higher than the normal market value, you will
have to take the item and give the money for it. But if the price is extremely
high to such an extent that no one can quote such a high price, it is not
wajib on you to accept it. If you do not accept it, he will have to take it.
9. You gave an item to a person to sell. It is not permissible for this person
to purchase the item for himself and give the money to you. Similarly, if
you ask a person to purchase an item for you, he cannot bring his own item
and sell it to you. If he wishes to sell his item to you, or purchase your item
for himself, he must clearly state so by saying: "This is my item, you can
purchase it from me" or "I will purchase this item from you." It is not
permissible to do so without clearly stating this.
10. You sent the domestic servant to purchase goat meat. She comes back
with beef. You have the choice of either accepting it or rejecting it.
Similarly, if you send her to purchase potatoes and she comes back with
bhindi (lady's fingers - a vegetable) or anything else, it is not necessary for
you to accept it. If you reject it, she will have to take it.
11. You asked her to purchase something worth RI and she comes with R2
worth. You have the right to take R1 worth and give the extra back to her.
12. You sent two persons to purchase a certain item. It will be necessary for
both of them to be present when purchasing the item. It is not permissible
for only one person to purchase the item. If only one person purchases it,
the validity of the transaction will be dependent on you. If you accept it, it
will be valid.
13. You asked a person to purchase a goat, a cow or something else for you.
This person did not purchase it himself but sent someone else. It will not be

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wâjib for you to accept what this third person purchases. You can accept it
or reject it. However, if he himself purchases it for you, you will have to
take it.
Dismissing a wakîl
1. The right to dismiss a wakîl remains with you all the time, e.g. you say to
a person: "I need a goat. If you come across one, you must buy it for me."
Thereafter you stop him from purchasing it for you. He now has no right to
purchase it for you. If he purchases it, it will be his responsibility. You do
not have to take it.
2. You did not dismiss a wakîl yourself. Instead, you wrote him a letter or
sent someone to inform him that he should not purchase the item for you.
Even then, he will be dismissed. If you did not dismiss him yourself, but
someone else went on his own and informed him that you have dismissed
him and that he should not purchase the item, then he will be considered to
be dismissed if two persons informed him of this or one reliable, religious
person informed him of this. But if this was not so, he will not be
dismissed. If he purchases the item, you will have to take it.
Mudarabah or Silent partnership
1. You gave some money to a person in order to conduct some business.
You told him that he should conduct some business and the profits that
accrue from there will be shared between the two of you. This is
permissible. This is known as mudarabah. However, there are several
conditions for this. If these conditions are fulfilled, it will be valid. If not, it
will not be permissible and will be regarded as fâsid. The conditions are:
(a) You must mention the amount of money you wish to give him and also
hand it over to him in order to conduct the business. If you do not hand
over the money to him and keep it with you, this agreement will be fâsid.
(b) You should also specify how the profits will be shared by mentioning
the percentage that each one will receive. If this is not specified and you
merely said that we will share the profits, this will be fâsid.
(c) When specifying the share of profits, do not say that from all the profits,
R100 will be mine and the balance yours or R100 yours and the balance
mine. Instead, you should specify the percentage, e.g. half the profits will
be mine and the other half yours, one third mine and two thirds yours or

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one quarter mine and three quarters yours. In short, the distribution should
be according to the profits that accrue. If this is not so, the agreement will
be fâsid.
(d) Only if there is a profit will the person who is working receive a share
of the profits. If there are no profits, he will not receive anything. If you say
that even if there are no profits I will give you a certain amount from the
capital, this agreement will be fâsid. Similarly, if you make this condition
that if there are any losses, they will be borne by the person who is working
or borne by both of us, it will also be fâsid. The rule is that if there are any
losses, it will be the responsibility of the owner and it will be his money
that has been lost.
2. As long as the person has the money with him and has not purchased the
goods for trade as yet, you have the right to dismiss him and take the
money back. Once he purchases the goods, you do not have the right to
dismiss him.
3. If you make this condition that I will work with you or a certain
employee of mine will work with you, then this agreement will be fâsid.
4. The rule with regard to mudarabah is that if the agreement is valid and
there are no nonsensical conditions in it, then both of them will be partners in
the profits. They must divide the profits according to their agreement. If there
are no profits or if they suffered any loss, then the person who is working
will not receive anything and he will not have to pay any compensation for
the loss. If the agreement becomes fâsid, the person who is working will not
be regarded as a partner in the profits. Instead, he will be regarded as any
other ordinary employee. You must check the amount of salary he would
have received had he been employed as an ordinary employee and pay him
accordingly. He will receive a salary irrespective of whether there are any
profits or whether they suffer a loss. All the profits belong to the owner.
However, if his salary is more than the profits, in such a case he will not
receive a salary. Instead, the profits will have to be shared.
Note: Since women very rarely need such masâ'il, we have not written any
lengthy explanations. Whenever the need arises, consult an 'âlim so that
you do not commit any sin.
Amânah or Trusts
1. A person came and gave you something to keep as an amânah and you
accepted it. It is now wajib on you to safeguard it. If you display any

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shortcoming in safeguarding the item and it gets lost, you will have to
compensate for it. However, if you did not display any shortcoming in
safeguarding the item and it still gets lost either by being stolen or getting
burnt when your house caught on fire, etc. then that person cannot demand
any compensation from you. In fact, even if at the time of accepting the
amânah you said to the person that you are responsible for it and that he
can take the money for it if it gets lost, he does not have the right to demand
any compensation. Compensating him out of your own free will is another
matter.
2. A person comes and says: "I am going for some work. Please keep this
item for me." You reply: "Okay leave it here." Alternatively, you do not say
anything but merely remain silent. That person leaves it with you and goes
away. This becomes an amanah. However, if you clearly state that you are
not going to keep it and that he should keep it with someone else or you do
not accept it and yet the person keeps it with you and goes away, then that
item will not be an amânah. However, if you pick up that item and keep it
away after the departure of the person, it will become an amânah.
3. Several women were sitting together. A lady comes, keeps an item with
them and goes away. It is wajib on all of them to safeguard that item. If
they leave that item behind and go away and it disappears thereafter, they
will have to pay compensation. If all of them did not leave at once but left
one after the other, it will be the responsibility of the last person to
safeguard the item. If she leaves that place and the item disappears,
compensation will be taken from her.
4. The person who has an amânah with her has the right to keep the item
with her and safeguard it or to give it to her mother, sister, husband or any
such relative who lives in the same house as hers and by whom she also
keeps her possessions at the time of need. However, if any of the relatives
are not trustworthy, it will not be permissible to keep it with them. If she
intentionally gives it to such an unreliable person, she will have to pay
compensation in the event of that item disappearing.
It is not permissible to keep an amânah by anyone else (besides the above-
mentioned) without the permission of the owner. This is irrespective of
whether the person is a total stranger or a distant relative. If an amânah is
kept with such a person, she will have to pay compensation in the event of
that item disappearing. However, if this person is such that she herself
entrusts her with her own possessions, then it will be permissible to keep an
amânah with that person.

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5. A person came and gave you an item to be kept as an amânah. You
forgetfully left it behind and went away. If it disappears, you will have to
pay compensation. Alternatively, you left the lock of the closet or safe open
and went away. And there are several persons sitting over there.
Furthermore, the item is such that it generally cannot be safeguarded
without being locked. In the event of it disappearing, you will have to pay
compensation.
6. Your house caught on fire. At such a time, it is permissible to keep the
amânah with strangers as well. However, once this excuse (house being on
fire) is no more, you should immediately go and take that amânah from that
person. If you do not go and take it, you will have to pay compensation in
the event of it disappearing. Similarly, if at the time of your death, none of
your house folk are present, it will be permissible to give it to your
neighbour.
7. If a person gives you gold or silver coins to be kept as an amânah, it will
be wajib on you to safeguard those very gold or silver coins. You cannot
mix them with your gold or silver coins nor can you spend them. You
should not think that all gold or silver coins are the same and therefore you
will use them and when he asks you for them you will give him your own.
This is not permissible. If the person permits you to use them, it will be
permissible. However, the rule with regard to this is that if you keep those
very coins aside, it will be regarded as an amânah. If they disappear, you
will not have to pay any compensation. But if you seek his permission and
use them, it will now be regarded as a debt and not an amanah. You will
therefore have to pay him irrespective of whether they disappear or not.
After using his coins, you kept aside the same amount in his name (with the
intention that it is his). It will still not be regarded as an amanah. They will
be regarded as your coins. If they are stolen, your coins will be considered
to be stolen and you will still have to pay him. In short, once you use his
coins, it will be regarded as your responsibility as long as you do not repay
him.
8. A person kept R100 as an amânah with you. You sought his permission
to use R50 and spent it. R50 will be regarded as a debt on your shoulders
and R50 will be regarded as an amânah. Later when you obtain R50, do not
mix it with his R50 which you kept as an amânah. If you mix it, the entire
amount (R100) will not be regarded as an amânah and you will be
responsible for the entire R100. If this amount disappears, you will have to

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repay the entire R100. This is because by mixing the money of amânah
with your own, the entire amount becomes a debt and you will have to
repay the entire amount irrespective of whether it disappears or not.
9. You sought the person's permission and mixed his R100 with your R100.
The entire amount will be regarded as a partnership. If it is stolen, both the
amounts will be considered to be stolen and there is no need for any
compensation. If part of the money is stolen and part is left behind, then
from the money which has been stolen, half will be considered to be yours
and half his. If one person had given R100 and the other R200, then the
amount that is stolen will be calculated accordingly, e.g. if R12 is stolen,
R4 of the person who gave R100 will be considered to be stolen and R8 of
the person who gave R200. This rule will only apply if it was mixed with
his permission.
If you mix it without his permission, the rule that has been mentioned
previously will apply. That is, by mixing the money of amanah with your
money without the owner's permission, that amânah becomes a debt. That
money no longer remains an amanah. Whatever money from there
disappears will be regarded as yours and you will have to repay him.
10. A person kept a goat or cow as an amânah with you. It is not
permissible for you to drink its milk or benefit from it in any other way.
However, it will be permissible for you to do so if you obtain his
permission. Whatever milk you drink without permission will have to be
paid for.
11. A person kept clothing, jewellery, a bed, etc. as an amânah. You cannot
use these items without permission. If you use these items without
permission and while using them, the clothing gets torn or stolen, or the
jewellery or bed breaks or gets stolen, then in all these cases you will have
to pay compensation. However, if you repent from this action and keep
these items away safely and thereafter they disappear, you will not have to
pay any compensation.
12. You removed the clothing which was given to you as an amanah from
the cupboard with the intention that you will wear it in the evening for a
particular occasion. However, before you could wear it, it got stolen. You
will still have to pay compensation.
13. The cow or goat which was given to you as an amanah fell ill. You
gave it medication. Because of this medication it died. You will have to pay
compensation. If it dies without your giving it any medication, you will not
have to pay any compensation.

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14. A person gave you some money. You kept it in your wallet or cash
pocket. However, this money did not go into your wallet or cash pocket.
Instead, it fell down but you were under the assumption that it is in your
wallet or cash pocket. You will not have to pay any compensation.
15. When a person asks for his amânah, it is wâjib to hand it over to him
immediately. It is not permissible to delay without any valid excuse. A
person asks you for his amânah. You reply that you are busy now and that
he must take it from you tomorrow. The person agrees - there is no harm in
this. If the person is not happy about taking it tomorrow and goes away
angrily, that item will no longer be regarded as an amânah. If it disappears,
you will have to pay compensation.
16. A person sent someone to collect his amânah. You have the right of
refusing to hand it over to this person with the message that the person must
come himself and that you will not give it to anyone else. If you hand it
over to this messenger thinking him to be honest and later the owner says
that he did not send him, the owner can demand the item from you. You
can take the item back from that person. If the item is no longer in his
possession, you cannot demand the money for it from him but the owner
can demand it from you.
'Âriyah or Borrowed items
1. You borrowed clothing, jewellery, a bed, utensils, etc. from someone for
a few days and told them that you will return them once your need for them
is over. The rule with regard to this is the same as that of an amanah. It will
be wajib on you to safeguard these items. If such borrowed items disappear
despite your taking all the precautions to safeguard them, then that person
cannot demand any compensation from you. In fact, even if you had told
that person that if it gets lost you will compensate him, it is not permissible
for him to take any compensation. But if you did not safeguard it and it
therefore got lost, you will have to pay compensation for it. Furthermore,
the owner has the right to take back his item whenever he wishes. It is not
permissible for you to refuse to return it to him. If you refuse to hand it
over to him despite his asking you to do so and thereafter it gets lost, you
will have to pay compensation.
2. If the owner permitted you to utilise the item in a particular manner, you
will have to utilise it in that very manner. You cannot use it in any manner

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contrary to that which he permitted. If you use it in a contrary manner and it
gets lost, you will have to pay compensation. For example, a woman lent
you her scarf in order to cover your head. Instead, you spread it out on the
ground and lied down on it. On account of this it became damaged. She lent
you her couch and so many people sat on it that it broke. She lent you a
glass utensil and you placed it over the fire and it therefore broke.
Alternatively, you used any other item contrary to its normal manner of
usage. In all such cases you will have to pay compensation. Similarly, if
you borrow an item and have this evil intention in your heart that you will
not return it but keep it for yourself, you will have to pay compensation if it
disappears.
3. You borrowed an item for a specific number of days. It will be necessary
to return it on the expiry of that period. If you do not return it within the
specified number of days and it gets lost, you will have to pay
compensation.
4. If the owner lent an item and clearly stated that you can use it yourself
and also give it to others to utilise, then you have the right to lend it to
others. Similarly, if the owner did not clearly state this but your relationship
with him is such that you have full conviction that others are permitted to
utilise it as well, then the above rule will also apply. If the owner clearly
prohibited you from lending it to others or allowing others to utilise it, then
under no circumstances will it be permissible for you to give it to others.
If you borrowed an item telling the owner that you will use it and he did not
prohibit you from giving it to others nor did he clearly permit you to do so,
then check the nature of the item. If it is such that the manner of utilising it
is the same and everyone utilises it in the same manner without there being
any difference whatsoever, it will be permissible for you to use it and to
allow others as well. If the item is such that it is not utilised in the same
manner - some people use it in the proper manner while others mishandle it,
then it will not be permissible for you to allow others to utilise it.
Similarly, if you borrowed an item telling the owner that a certain relative
or friend will use it and the owner did not mention anything about you
using it yourself or not using it, then the same rule will apply here as well.
That is, if the manner of utilising it is the same, it will be permissible for
you to use it. If not, it will not be permissible for you to use it. Only that
person in whose name you borrowed it will be permitted to use it.
If you borrowed an item without informing the owner as to who is going to
utilise it and the owner did not specify anyone as well, then the rule is that

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if the manner of utilising it is the same, it will be permissible for you to
utilise it and give it to others as well. But if the manner of utilising it is not
the same and you already commenced utilising it, it will not be permissible
for you to give it to others. If you did not commence utilising it and gave it
to someone else, it will not be permissible for you to utilise it. Understand
this well.
5. It is not permissible for the parents and others to lend items that belong
to their immature children. If they lend it out and it gets lost, they will have
to pay compensation. Similarly, if an immature child lends his item on his
own accord, it will not be permissible to take it.
6. You borrowed an item from a person. Thereafter, the owner passed
away. Once he passes away, it does not become the possession of the
borrower. It will therefore not be permissible for you to use it. Similarly, if
the borrower passes away, it will not be permissible for his inheritors to use
it in any way.
HIBA or GIFTS
1. You gave an item to a person and he accepted it. Alternatively, he did not
accept it verbally, instead, you placed it in his hand and he took it. That
item will now be his and it no longer belongs to you. In the Shari'ah this is
known as hiba - a gift or present. There are several conditions for this. One
is that you have to hand over the item to the person and he has to take
possession of it. If you tell him that you are giving him this item and he
says that he is accepting it but you have not handed it over to him as yet,
then this giving of yours is not correct. The item will still be considered to
be under your ownership. However, if he takes possession of it he will
become its owner.
2. You placed the item in front of him in such a manner that if he wishes he
can take it, and you say to him: "Here, take this." By placing the item in
such a way, he will also become its owner. It will be regarded as if he
picked it up and took possession of it.
3. You gave a person clothing that is kept in a locked trunk but did not give
him the keys to the trunk. This will not be regarded as taking possession of
the item. Once you hand over the keys, possession will take place and he
will become the owner of the clothing.
4. There is oil or any other substance in a bottle. You gave the bottle to a
person but did not give him the oil. This giving will not be correct. Even if

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he takes possession of it he will not become its owner. Only when you take
out your oil from it will he become its owner. If you give the oil but not the
bottle and the person takes the bottle with the oil and tells you that he will
empty the oil out and then return the bottle to you, then giving the oil in this
manner will be correct. Once he takes possession of it he will become its
owner. In short, if you wish to give a bottle, utensil, etc. it is a prerequisite
to empty the utensil first. It is not permissible to give it without first
emptying it. Similarly, if anyone gives a house, he must remove all his
belongings and he himself must come out of it and then hand it over.
5. If you wish to give a person a portion of a certain item (i.e. half, quarter,
one third or whatever the case maybe), first check the nature of the item.
Will it be of any use after being divided or not? If it will not be of any use
after dividing it, it will be permissible to give it. Such items are: a grinding
mill that if it is split in half, it will not be of any use, a bench, a bed, a
utensil, a pitcher, a bowl, a tumbler, a trunk, an animal, etc. Once the
person takes possession of such items he will become owner of that portion
which you have given to him and the whole item will come under a
partnership between both of you.
If the item is such that if it is divided it can still be of use, then it is not
permissible to give it without dividing it. Such items are: a plot of land, a
big house, a roll of material, firewood, dry groceries, milk, yoghurt, etc.
You tell a person: "I am giving you half the ghee that is in this container."
He replies: "I accept it." This giving will not be correct. In fact, even if he
takes possession of the container he will not become the owner of that ghee.
All the ghee still belongs to you. However, if you thereafter separate half
the ghee and hand it over to him, he will become its owner.
6. Two persons purchased a length of material, a house or a farm and each
one paid half the money for it. As long as they do not divide it, it is not
permissible for any one of them to give his share away to anyone.
7. You gave R10 to two persons and told them to take half each. This is not
281
correct. Instead, you should divide both in half and then give it to them.
However, if both of them are poor, it is not necessary to divide it.282 If you
give one cent to two persons, this will be correct."
281
The two persons referred to are rich persons. Since your aim is to give them and make
them happy, you have to give each one individually.
282
The reason for there being no need to divide it is that your aim is actually to give in the
path of Allah, who is One, and therefore no need to divide it. It is as though you are giving Allah
who is then giving it to these two poor persons.
This is because one cent is something that cannot be divided. Similarly, giving a small
room to two persons whereby if they had to divide it, both would not be able to use it. But if it is
not divided, both will be able to use it. Giving such an item is correct in the sense that both will
used it together and both will derive benefit from it.

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8. A goat or cow is pregnant. It is not permissible to give the young of the
goat or cow to anyone before it can be born. In fact, even if the person takes
possession of it after it is born, he will not become its owner. If you wish to
give it, you must give it again after it is born.
9. A person gives you a goat and tells you that he is not giving you the kid
that is in its stomach and that it belongs to him. The goat and the kid now
belong to you and the person does not have the right to take the kid away.
10. A certain item of yours is kept with someone as an amânah. You gave
that very item to that very person. In such a case that person will become its
owner by merely stating that he has accepted it. It is not necessary for him
to go and take possession of it again because it is already in his possession.
11. If an immature boy or girl give their possession to someone, this will
not be correct. It is also not permissible to take anything that they give.
Remember this mas'ala well because many people are neglectful in this
regard.
Giving to children
1. When anything is given to a child on the occasion of his circumcision or
any other such occasion, the purpose and object is not to give the child but
to his parents. All those gifts are therefore not the possession of the child.
Instead, the parents are its owners and they can do whatever they wish with
those gifts. However, if a person gives an item specifically for the child, he
will be its owner. If the child has reached an age of understanding, it is
sufficient for him to take possession of the item himself. Once he takes
possession of it, he will be its owner. If the child does not take possession
of it or is incapable of doing so, then by the father taking possession of it,
the child will become its owner. If the father is not present, the child will
become its owner by the grandfather taking possession of it. If the father
and grandfather are not present, the guardian of the child should take
possession of it. If the mother or grandmother take possession of the item
despite the father or grandfather being present, it will not be considered.
2. If the father or the grandfather (in the absence of the father) wish to give
the child or grandchild a gift, it is sufficient for them to say: "I have given
this to the child." In the absence of the father or grandfather, if the mother
or brother wish to give a gift to the child and this child is also under their
care, then by their saying the above words, the child will become its owner.
It is not necessary for anyone to take possession of the item.

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3. When wishing to give anything to your children, ensure that you give it
equally among your children. The son and the daughter should be given
equally. If you give one of your children more than the others, there is no
harm in this. However, you should not have the intention of causing harm
to the one whom you gave less. If this is your intention, it will not be
permissible to give him less.
4. Anything that belongs to an immature child should only be utilised for
him. It is not permissible for anyone to utilise it for their personal purposes.
Even the parents should not utilise it for their personal purposes nor for any
of the other children.
5. If an item is given outwardly to the child but the actual purpose was to
give it to the parents, but the person gave it in the name of the child because
he considered the gift to be insignificant, then that item will be considered
to be under the ownership of the parents. They can utilise it as they wish.
Furthermore, one should see who has given the gift. If the gift was given by
the wife's relatives, it will belong to the wife. If i was given by the
husband's relatives, it will belong to the husband.
6. You sewed a set of clothing for your immature child. That child will now
be its owner. You made a set of jewellery for your immature daughter. She
will now be its owner. It will not be permissible to give that clothing or
jewellery to any other boy or girl. It should be given to the one for whom it
was made. However, if at the time of making it, you clearly stated that this
item belongs to you and that you are merely loaning it to this child, the item
will belong to the person who made it (or got it made). It is the habit of
many elder sisters and also mothers to borrow a scarf and other items from
their immature sisters or daughters. It should be noted that it is not
permissible to borrow such items even for a little while.
7. Just as an immature child cannot give any of his possessions to anyone,
in the same way the father cannot give any of the possessions of his
immature child to anyone. If the parents give any of the possessions of the
child to anyone or lend it to anyone, it will not be permissible to accept it.
However, if the parents have a severe need for it on account of poverty and
cannot obtain it from anywhere else, then at such a time of need and
desperation it will be permissible for them to take an item that belongs to
the child.
8. It is not correct for the parents to loan the wealth of the child to anyone.
In fact, it is not correct for the parents themselves to borrow the wealth of
the child. Remember this well.

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Taking back something that has been given
1. It is a major sin to take back something that you have given. If a person
takes back something that he has given and the person gives it back
willingly, then the person who had originally given the item will once again
become its owner. However, there are certain things which the person has
no right to take back, e.g. you gave a goat to a person. This person fed that
goat so well that it became fat and healthy. In such a case you do not have
the right to take it back. Alternatively, you gave a plot of land to a person.
He constructed a house on that plot or turned it into an orchard. In such a
case you do not have the right to take it back. Alternatively, you gave a
length of material to a person. He sewed a garment out of it, dyed it or had
it washed. You do not have the right to take it back.
2. You gave a goat to a person. After some time it gave birth to kids. You
can take the goat back but you do not have the right to take the kids.
3. If the person who gives an item or the person who receives it dies after
the item was given, the right to take it back no longer remains.
4. A person gave you something. You also gave her something in return for
this and said to her: "Sister, take this in return for the item that you gave
me." After giving this item in exchange, you do not have the right to take it
back. However, if you did not tell her that you are giving this in exchange
for what she gave you, you have the right to take back your item and she
also has the right to take back the item that she gave you.
5. The husband gave something to his wife or vice versa. They do not have
the right to take back whatever they give. Similarly, if a person gives
something to a relative with whom marriage is harâm forever and this is a
blood relation, such as brother and sister or nephew and niece, they do not
have the right to take back whatever they give. If the relative is such that
marriage is not harâm with him or her, such as one's cousin, then one has
the right to take back whatever one gives. Similarly, if marriage is harâm
but the relationship is not a blood relationship, instead it is a relationship
based on breast-feeding or some other relationship such as foster brothers
or sisters or son-in-law, mother-in-law, father-in-law, etc., then in all these
cases one has the right to take back whatever one gives.
6. All the cases wherein we have mentioned that one has the right to take
back what one gives, means that he will only have the right to take it back
if the person is also willing to give it back, as mentioned in the beginning.

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However, there is also a sin in doing this. If the person is not willing to give
it back and does not give it back, one does not have the right to take the
item forcefully without first obtaining a ruling from a judge in his favour. If
he takes it forcefully without obtaining a ruling from a judge, he will not
become its owner.
7. Most of the rules that have been mentioned with regard to the giving of
gifts also apply to giving in the path of Allah, e.g. an item will not go into
the ownership of a poor person without the latter taking possession of it.
The item which has the prerequisite that it has to be divided before it can be
given, this prerequisite will also apply here. The item which has to be
emptied before it can be given will also have to be emptied in this case.
However, there are two differences. One is that when you give something
you have the right to take it back if the person is willing to do so. However,
when you give something in the path of Allah you do not have the right to
take it back. The second difference is that if you give a certain amount of
money to two poor persons and tell them to share it between themselves, it
will be permissible to do so. However, when giving a gift to someone, you
cannot ask them to divide the money.
8. You were going to give R10 to a poor person but you mistakenly gave
him a R20 note. You do not have the right to take it back.
Renting and hiring
1. Once you have taken a house on rent on a monthly basis and took
possession of it, you will have to pay the rent on the expiry of the month.
This is irrespective of whether you lived in it or whether it remained empty.
In both cases it is wâjib on you to pay the rent.
2. A tailor sewed a garment for you, a dyer dyed it for you or the
washerman washed it for you. After carrying out this work, he brought it to
you. He has the right of refusing to hand over the garment to you until you
pay him for the job that he has carried out. It is not permissible for you to
take it forcefully without having paid him.
If you asked a labourer to carry a sack of grain for you, he cannot hold back
this grain until you pay him for his effort. This is because by his bringing
the grain for you, no changes took place in the grain. As opposed to the
above-mentioned examples wherein a change took place in the fabric or
garment.

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3. A person made a condition that you alone should sew this garment, you
alone should dye it or you alone should wash it. In such a case it is not
permissible to give it to anyone else to do any of the above tasks. But if he
did not make this condition, the work could be given to anyone else.
Improper leasing or hiring out
1. The following methods of hiring out are regarded as ijârah fâsidah
(improper leasing):
(a) At the time of renting a house, the period was not specified as to how
long the house will be rented.284
(b) The rental was not specified. The person merely occupied the house and
began living in it.
(c) The tenant made this condition that he will pay the costs for whatever
breaks in the house.
(d) The landlord rented the house on the condition that whatever breaks in
the house will have to be repaired by the tenant and that the repairs that he
will undertake will actually be his method of payment of the rental. But if
the landlord says: "You live in this house and undertake whatever repairs
are necessary. There is no rental to be paid." In such a case this is an
aariyah (a loan). This is permissible.
2. A person rented a house saying that he will pay R500 monthly. This
hiring out will only be valid for one month. At the expiry of one month, the
landlord has the right to evict him. If the tenant stays for another month,
this hiring out will be valid for one additional month. In this way, a new
lease will continue each month. However, if the tenant specified a certain
period of time by saying that he will be renting this house for six months or
four months (or whatever the case may be), then the leasing will be valid
for whatever period he specified. The landlord cannot evict him before the
expiry of this period.
3. You asked a person to grind wheat for you and told him to take a certain
amount (e.g. half a kilo) of its flour as payment. Alternatively, you asked
someone to harvest the crops and told him to take a certain amount of grain
from there as payment for harvesting. All this is fâsid.
284
In our country, since one month is the minimum period for rental of a house, etc. such
renting or hiring out will be in order even if a period of rental is not specified.

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4. The rule with regard to ijarah fâsidah is that whatever had been agreed
upon will not be given. Instead, he will be given whatever payment is
normally made for a particular job. If it is a house, the tenant will have to
pay the normal rental. However, if the normal payment or the normal rental
is more than what had been agreed upon, then the normal payment or rental
will not be given. Instead, he will be paid that which was agreed upon. In
short, he will be entitled to receive the amount which is less.
5. The hiring of singers, dancers, tricksters and all other types of frivolities
is not valid. All this is absolutely bâtil. Therefore, no payment will be given
for this.
6. A hâfiz was employed in order to stand over a grave for a certain number
of days and recite the Quran and send the rewards to the deceased. This is
not valid. The hafiz will not receive any reward nor the deceased.
Furthermore, he is not entitled to receive any payment for this.
7. A person hired a book in order to read it. This hiring out is not valid.
8. The custom of hiring a bull, male goat or male buffalo in order to enable
your cow, female goat or female buffalo to fall pregnant is absolutely
harâm.
9. It is not permissible to hire a cow, goat or buffalo in order to obtain its
milk.
10. It is not permissible to give your fowls or goats to a person asking him
to take care of them and thereafter if they give birth, half the young will be
for you and the other half for him. This is not permissible.
11. It is not permissible to hire chandeliers, etc. merely to adorn and
decorate the house. Even if one hires them, the person who hired them out
is not entitled to receive any rental for them. However, it is permissible to
rent a chandelier if it is for the purpose of illuminating the house (and not
for mere adornment).
12. A person hired a rickshaw (car or any other vehicle). It is not
permissible to load such a vehicle beyond its capacity or beyond the normal
way of loading. Similarly, it is not permissible for more than the normal
number of persons to sit in a palanquin without obtaining the permission of
the palanquin-carrier.
13. A person lost an item of his. He announced: "Whoever can show me
where this item is, I will give him R10." If anyone shows him the place
where it is, he will not be entitled to receive the money because this ijârah
is not valid. However, if the person asked a particular person that if you can