Indexed OCR Text

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pious and noble family because the children generally resemble the
maternal relations. Although the father also has some influence over the
child's resemblance, we learn from this Hadîth that the mother's influence is
greater. If the wife is from a disreputable and irreligious family, the
children who will be born will be similar to that family. But if this is not so,
then the children who will be born will be pious and religious.
15. It is mentioned in a Hadîth that the greatest right that a woman has to
fulfil is to her husband, and that the greatest right that he has to fulfil is to
his mother. In other words, after the rights of Allah and His Rasûl
sallallahu 'alayhi wa sallam the woman has a very great right to fulfil to
her husband, so much so that the husband's rights supersede the rights of
her parents. As for the man, after the rights of Allah and His Rasûl
sallallahu 'alayhi wa sallam, the greatest right that he has to fulfil is to his
mother. We learn from this that the right of the mother supersedes that of
the father.
16. It is mentioned in a Hadîth that if anyone of you wishes to engage in
sexual intercourse with his wife, he should recite the following du 'a:
بِسْمِ اللهِ اللَّهُمَّ جَنِبْنَا الشَّيْطَانَ وجَّبِ الشَّيْطَانَ مَارَزُقْتَنَا
The virtue of this du'a is that if a child is conceived through this
intercourse, shaytân will not be able to harm this child in any way.
17. There is a lengthy Hadîth in which Rasûlullah sallallahu 'alayhi wa
sallam addressed 'Abdur Rahmân bin 'Auf radiyallahu 'anhu asking him to
have a walîmah even if it is with one sheep.2
In other words, even if you
possess very little, you should spend. It is preferable to have the walimah
after engaging in sexual intercourse with one's bride. However, many
'ulamâ have permitted it immediately after the nikâh as well. It is mustahab
to have a walîmah.
The Detestation of Divorce
1. It is mentioned in a Hadîth that of all the permissible actions, divorce is
the most detestable in the sight of Allah Ta'ala. The meaning of this is that
265
We learn from this Hadîth that the person should feed the people with whatever he may
possess at that time. It is a detestable practice to take loans and put oneself in debt in order to feed
a large number of people, merely for pomp and show.

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divorce has been permitted at times of necessity. However, when there is no
need, it is extremely detestable. The reason for this is that the purpose of
marriage is to foster mutual understanding, mutual love, and comfort for
the husband and wife. Divorce wipes out all these factors, shows
ingratitude to the favours of Allah Ta'ala, the husband and wife become
distressed, and it results in mutual enmity. Based on this, it also results in
enmity towards the wife, her family and her relatives. As far as possible,
one should never ever intend to divorce one's wife. In all their dealings, the
husband and wife should try and accommodate each other and live with
love for each other. However, if there is no way that they can live together,
there will be no harm in divorce. Understand this well.
2. It is mentioned in a Hadîth: "Marry and do not divorce (unnecessarily)
because Allah Ta'âlâ does not love those men who go around 'tasting' and
those women who go around 'tasting'." In other words, Allah Ta'âlâ does
not like divorce to take place unnecessarily thereby resulting in the man
entering into a second marriage and the woman entering into a second
marriage. However, if there is a dire need, there will be no harm in this.
3. It is mentioned in a Hadîth that women should not be divorced except on
account of immorality. This is because Allah Ta'âlâ does not love a man
who goes around 'tasting' and a woman who goes around 'tasting'. We learn
from this that if there is any shortcoming in her purity and chastity, it will
be permissible to divorce her. If there is any other similar reason, there will
be no harm in divorcing.
4. It is mentioned in a Hadith that you should marry but do not divorce
because by divorcing, the ( 'arsh) throne of Allah Ta'âlâ begins to tremble.
5. It is mentioned in a Hadîth that shaytan places his throne on water and
then sends out his armies in order to delude and distract people. From
among all these armies of his, the closest to shaytân in rank and status is the
one who was the most successful in spreading the most amount of mischief.
From among these, one of them will come to shaytan and inform him: "I
have caused so and so mischief". Shaytan will reply: "You have done
nothing." (i.e. you have not really caused much mischief). From among
them, another one comes and says: "I went to a particular person and did
not leave him until I caused a separation between him and his wife." Upon
hearing this, shaytân brings him close to him, embraces him and says: "You
have indeed done a great job." In other words, shaytân's happiness is when
husband and wife are separated. Therefore, as far as possible Muslims
should not make shaytân happy.

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6. It is mentioned in a Hadîth that the fragrance of jannah is harâm upon a
woman who asks for a divorce without any real need. That is, she is
committing a major sin. However, if she dies with 'Imân, she will
eventually be entered into jannah after being punished for all her evil
actions.
7. It is mentioned in a Hadîth that the muntazi'ât and the mukhtali'ât are
actually munafiqât. The muntazi'ât are women who tear themselves away
from the control of their husbands by committing actions which cause the
husbands to be displeased with them and thereby divorce them. As for the
mukhtali'ât, they are women who ask for khula"200 without any real need.
The meaning of munafiqât is that this trait is normally found in the
hypocrites who expose a particular fact when in their hearts they conceal
something else. Outwardly, nikâh is supposed to be forever, and here she is
asking for separation! Such a woman is a sinner although she is not
regarded as a kâfir.
The Virtues of Reciting the Quran
1. It is mentioned in a Hadîth that when anyone of you wishes to converse
with his Creator, he should recite the Quran. In other words, reciting the
Quran is like conversing with Allah Ta'âlâ. The wealthiest people are those
who carry the Quran. That is, those in whose hearts Allah Ta'ala has placed
the Quran. This means that there is no one wealthier than the person who
reads the Quran and thereafter practices upon it. Through the barakah of
practising upon it, Allah Ta'âlâ grants the person internal wealth and
external prosperity. Hasan Basri rahmatullâhi 'alayh relates that there was
a person who used to constantly come to 'Umar radiyallahu 'anhu for his
worldly needs. So 'Umar radiyallahu 'anhu ordered this person to go and
read the book of Allah (i.e. the Quran). This person went away and 'Umar
radiyallâhu 'anhu did not see him again. Later, when he met him, 'Umar
radiyallâhu 'anhu began complaining to him. (i.e. he complained to him
saying: "I was searching for you, where did you disappear?" When a person
frequently visits someone and then he suddenly stops visiting him, the latter
becomes worried as to where he has disappeared or what is his condition)
This person replied: "I have found in the book of Allah that which has made
266 The rules concerning khula' have been mentioned previously. For further details, refer to the
relevant chapter.

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me self sufficient and independent of 'Umar." In other words, I have found
such a verse in the Quran through which my eyes have turned away from
the creation and I have begun to place my complete trust in Allah Ta'âlâ. I
used to come to you for my worldly needs, now what is the need for me to
come. When mentioning the verse which he had found, the person was
most probably referring to the following verse and other verses which
contain a similar subject matter:
"Your sustenance is in the sky, and that which you have been
promised (also comes from the sky)."
In other words, your sustenance and all your other needs have been
provided for from Our court, so what is the need to turn to others?
2. It is mentioned in a Hadîth that the most virtuous form of 'ibâdah is the
recitation of the Quran. That is, after all the fard acts, the recitation of the
Quran is the most virtuous of all the nafl acts.
3. It is mentioned in a Hadîth that you should honour those who have
memorized the Quran. The person who honours them has in fact honoured
Me. And it is obvious that it is wajib to honour Him.
4. It is mentioned in a Hadîth that the best among you is the one who learns
the Quran and teaches it.
5. It is mentioned in a Hadîth that on the day of judgement, the parents of
the person who learns the Quran and practices on its injunctions shall be
made to wear a crown, the light of which will be brighter than the sun
which illuminates your homes in this world. In other words, the light of that
crown will be brighter than the light of the sun through which it illuminates
your homes in this world.
If the person's parents will be accorded such a high status, what do you
think the status of that person will be who practices on the laws and
injunctions of the Quran?
6. It is mentioned in a Hadîth that the person who recites the Quran and
thereafter thinks to himself that someone else has been granted a bounty
greater than this bounty (the bounty of being able to recite the Quran), then
without doubt he has despised something that Allah Ta'âlâ has elevated, and
elevated something that Allah Ta'ala regards as despicable and
insignificant. It is not befitting of a person who knows the Quran to speak
in harsh terms with one who addresses him harshly and disrespectfully. Nor

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should he speak ignorantly with one who addresses him ignorantly. Instead,
he should forgive him and overlook his faults out of honour and respect for
the Quran.
In other words, it is necessary for the 'ulama and those learned in the Quran
to regard the knowledge of the Quran as the greatest and the most virtuous.
If they attach more importance to any worldly thing other than the
knowledge of the Quran, then they have in fact despised something that
Allah Ta'âlâ has elevated. And if you despise something that the ruler has
elevated, it is regarded as a major crime. It is also necessary on those
learned in the Quran to abstain from conversing with people in an ignorant
and disrespectful manner because the honour and respect of the Quran
demands this from them. If anyone behaves ignorantly with them, they
should forgive him.
7. It is mentioned in a Hadîth that Rasûlullah sallallahu 'alayhi wa sallam
said: "The Quran is more beloved to Allah Ta'ala than the heavens, the
earth and whatever is in between them." In other words, the status of the
Quran is higher than the entire creation, and Allah Ta'ala loves the Quran
the most.
8. It is mentioned in a Hadîth that the person who teaches a single verse to
anyone becomes his master. It is not befitting for the student to abstain
from helping his master at the time of need. Nor should he give preference
to anyone other than his teacher if the other person is not higher in status
than his teacher. If the student commits any of these acts, he has in fact
broken one of the circles of Islam. In other words, by his doing this, he has
put into Islam a great evil and abstained from fulfilling a great order of the
Sharî'ah. The consequences of this is that there is a fear that he will be
punished in this world and in the hereafter.
9. It is mentioned in a Hadîth that Rasûlullah sallallahu 'alayhi wa sallam
said: "The person who does not respect the elderly, does not show mercy to
the young and does not fulfil the rights of the 'alim is not from my
'ummah."
The person who recites the Quran and teaches it is also included in this
Hadîth. The meaning of this Hadîth is that the person who has any of these
qualities is out of the jamâ'ah of Rasûlullah sallallahu 'alayhi wa sallam
and his 'Imân is very weak. It is therefore necessary to respect the old, be
merciful towards the young, and to honour, respect and serve the 'ulamâ.
10. It is mentioned in a Hadîth that the person who reads the Quran,
understands its meanings and commentary, and yet does not practice on it,

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has made his abode in hell. In other words it is a major sin to read the
Quran and not to practice on it. However, ignorant people should not
rejoice under the assumption that they have not studied the Quran so if they
do not practice on it there is no harm. This is because an ignorant person
will receive a double punishment: one for not seeking knowledge, and the
other for not practising.
11. It is mentioned in a Hadîth that Rasûlullah sallallahu 'alayhi wa sallam
was told: "A certain person recites the Quran the entire night but in the
morning he goes around stealing." Rasûlullah sallallahu 'alayhi wa sallam
replied: "Very soon, his recitation of the Quran will stop him from
stealing." That is, through the barakah of this recitation, he will abandon
this habit of stealing.
12. 'Alî radiyallâhu 'anhu narrates that Rasûlullah sallallahu 'alayhi wa
sallam said: "The person who reads the Quran, memorizes it, considers its
halal to be halâl and its harâm as harâm - Allah Ta'âlâ will enter him into
jannah and accept his intercession on behalf of ten persons from his family
who were originally condemned to hell and upon whom hell had become
wâjib.
13. It is mentioned in a Hadith that the person who listens to a single letter
of the Quran while he is in a state of wudû, 10 rewards will be written in his
favour, 10 sins will be wiped out, and his status will be elevated by 10. The
person who recites a single letter of the Quran while he is sitting down
and offering his salât, 50 rewards will be written in his favour, 50 sins will
be wiped out, and his status will be elevated by 50. The person who recites
a single letter of the Quran while standing shall have 100 rewards written in
his favour, 100 sins wiped out, and his status elevated by 100. Allah Ta'âlâ
will write one du'â in favour of the person who recites the Quran and
completes it. This du 'â will be accepted immediately or after some time.
14. It is mentioned in a Hadîth that the person who recites the Quran,
praises Allah Ta'âlâ, sends salutations to Rasûlullâh sallallâhu 'alayhi wa
sallam and asks forgiveness from Allah Ta'âlâ has in fact asked for success
from its appropriate place. In other words, he followed the appropriate
method of making a du'â whereby it is hoped that it would be readily
Here it refers to a nafl salât because it is not permissible to offer a fard salât sitting without
a valid reason. If a person sits and offers a fard salat with a valid reason, he will receive the
reward of offering his salat while standing. If he offers a nafl salat sitting because of a valid
reason, he will receive the reward of standing and offering his salât.

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accepted. In this context, praising Allah Ta'âlâ means that one should say
"Alhamdulillah" or words that have a similar meaning. To make du'â in
this way after having recited the Quran has a special effect in the
acceptance of du'âs as is apparent from this Hadith.
15. It is mentioned in a Hadîth that you should teach Surah al-Wâqi'ah to
your womenfolk because it is the surah of wealth. In other words, by
reciting this sûrah, one becomes wealthy and all the necessary expenses can
be paid easily. Apart from this, one is endowed with internal "wealth" as
well. As mentioned in another Hadîth that the person who recites Sûrah al-
Wâqi'ah every night will never experience any shortage in his sustenance.
Since women are weak-hearted, they become extremely distressed at the
slightest hardship. It is for this reason that they have been specifically
mentioned. On the whole, this sûrah is beneficial to all those seeking
wealth; whether they be male or female.
16. The best reciter of the Quran is that person whom when he is heard, you
get the impression that he is fearing Allah Ta'âlâ. This means, that he reads
with attention and concentration similar to that of a frightened person
speaking in the presence of a king or ruler, ever on-guard that he does not
say or do anything out of place.
The best way of reciting the Quran is for the person to make wudu', sit in
the direction of the qiblah with humility, and begin his recitation thinking
that he is conversing with Allah Ta'âlâ. If he understands the meaning of
the words, he should ponder over the meanings. Wherever the words of
mercy are mentioned, he should ask for Allah's mercy. Wherever His
punishment is mentioned, he should ask for refuge in Allah from His
punishment. On completing his recitation, he should praise Allah Ta'âlâ,
send salutations to Rasûlullah sallallahu 'alayhi wa sallam, ask for
forgiveness, ask for any of his other needs, and then send salutations to
Rasûlullah sallallahu 'alayhi wa sallam at the end. While reciting the
Quran, as far as is possible, do not allow other thoughts to enter the mind. If
you happen to think of something, do not worry about it, it will disappear
on its own. When reciting the Quran, try and wear clean clothes.
A Few Masa'il related to Divorce
1. When it becomes necessary to issue a divorce, there are three ways in
doing so: (a) the most preferable method, (b) a good method, (c) a bid'ah
and harâm method.

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The most preferable method: is that the husband issues one divorce to his
wife while she is pure, i.e. not experiencing hayd or nifâs. A further
condition is that he must not have engaged in sexual intercourse with her in
this entire period of her purity. He must not issue any other divorce till the
end of the expiry of her 'iddah. The moment her 'iddah expires, the nikâh
will come to an end and there is no need to issue any further divorce. This
is because divorce has only been permitted at the time of extreme need.
Accordingly, there is no need to issue several divorces.
The good method: is that the husband issues three divorces over a span of
three periods of her purity.
268
In addition to this, he should not engage in
sexual intercourse with her during these three periods.
The bid'ah and harâm method: is that which is contrary to the above two
methods, e.g. he issues three divorces in one sitting, he issues a divorce
while his wife is in her hayd, he issues a divorce in her period of purity but
he had already engaged in sexual intercourse with her in that very period of
purity. In all these cases, although divorce will take place, he will be
committing a sin for adopting such methods.
Understand all this very well. All the above situations (i.e. all the three
methods) apply when sexual intercourse with the wife has taken place or
they have at least met in privacy and solitude (the details of which have
been mentioned in the relevant chapters). If they did not engage in sexual
intercourse or did not meet in privacy and solitude, the rules are mentioned
in the next mas'ala.
2. Once nikâh has been performed with a woman but they did not engage in
sexual intercourse as yet, it is permissible to divorce such a wife
irrespective of whether she is in her hayd or not. However, he should issue
only one divorce.
268 The time between two menstrual periods, where she remains pure is regarded as one period
of purity. In each of these periods of purity, he should issue one divorce.

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BUYING AND SELLING
1. When a person says: "I have sold this item for so much" and another
person says: "I have bought it", that item will be sold and the person who
purchased it will be its owner. If the seller decides not to sell or the
purchaser decides not to buy it, they will not be able to do so. The former
will have to hand it over and the latter will have to accept it. This act of
selling an item is known as a sale.
2. A person says: "I have sold this item to you for R2." The other person
replies: "I accept", "I am happy with that price" or "Okay, I've taken it." By
replying in any of these ways, the item will be sold. Now, neither does the
seller have the choice of not handing over the item nor does the buyer have
the choice of not purchasing it. However, this rule will only apply when
this conversation takes place between both parties in one place or in one
sitting. If one of them says: "I have sold this item to you for R4" and the
other person remains silent on hearing this price, stands up from his place,
goes away to buy the item from someone else or goes away for some other
reason, and in carrying out all these actions he changed his place and then
he replies: "Okay, I'll buy it for R4", in such a case that item will not be
considered to be sold. However, if thereafter, the seller, grocer, etc. says:
"Okay, I give it to you" or "Okay, take it", in such a case it will be sold.
Similarly, if the seller, grocer, etc. stands up or goes away for some other
work, and the buyer says: "Okay, I've taken it", even then it will not be
regarded as sold. In short, if both the parties reach an agreement in one
place, only then will the item be considered to be sold.
3. A person says: "Give me this item for R1." The other person replies:
"I've given it." In saying this, the sale will not take place. However, if
thereafter, the buyer again says: "I've taken it", it will be sold.
4. A person says: "I am taking this item for R1" and the other person
replies: "Take it"; the sale will take place.
5. After checking the price of an item, a person handed the money to the
seller and took the item away. The seller accepted the money happily. The
seller did not say anything verbally as to how much he is selling the item
nor did the buyer say that he is buying it. In such a case, by merely taking
an item and handing over the money for it, the item is considered to be sold
and the sale is valid.

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6. A hawker came selling guavas. Without asking him anything, the person
took out four big guavas from his basket and placed RI in the hawker's
hand. The hawker accepted this money happily. This sale is valid
irrespective of whether they uttered any words or not.
7. A person said: "I am selling this string of pearls for R10." The buyer
replied: "I've taken five from the string of pearls" or "I've taken half the
string of pearls." As long as the seller does not agree, the sale will not take
place. This is because, he offered the entire string of pearls for sale and as
long as he does not agree, the buyer does not have the right to buy a part of
it and leave out the other part. If she wishes to purchase it, she will have to
buy the entire string. However, if the seller says: "I am selling each pearl
for R1", and the person says that he has taken five pearls, then five pearls
will be considered to be sold.
8. A person is selling four different items and says that he is selling the lot
for R4. Without obtaining his agreement, the buyer cannot purchase one or
two items and leave out the others because he wishes to sell all the items
together. But if the seller gives the price of each item individually, it will be
permissible for the buyer to purchase one or two items and leave out the
rest.
9. When buying and selling an item, it is also necessary to show the item
properly and spell out the terms clearly. The seller should abstain from
speaking in vague terms which could result in problems and arguments.
Similarly, the price has to be clearly laid down and agreed upon. Even if
one of these factors is not made clear and agreed upon, the sale will not be
valid.
10. A person purchases an item with money. The seller says: "Hand the
money over to me first and then I will give you the item." The buyer
replies: "Hand the item over to me first and then I will give you the
money." In such a case, the money will have to be given first and then only
will the item be given to the buyer. The seller has the right to refuse to hand
over the item until he receives the money for it.
However, if he purchases an item in return for another item, changes money
in return for money or a person purchases clothing in return for clothing,
and in all these cases this sort of argument takes place, then each one will
be asked to place his hand on the others hand and then the exchange will
take place.

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Finding out the price of an item
1. A person closed the palm of his hand and says: "Give me that particular
item for whatever money is in my hand." And it is not known what is in his
hand; whether he has dollars, rands, cents, a gold coin; whether he has one,
two or many. Such a transaction is not permissible.
2. In a certain city, two different currencies are in vogue. The person will
have to inform the seller that he intends buying a particular item with a
particular currency. If the person does not inform him and says that he is
selling a particular item for a particular price and the buyer says he will
take it, then we will have to see which currency is more in use in that place.
The currency that is more in use will have to be given as payment. If both
the currencies are used equally, the transaction will not be valid and will be
fâsid, i.e. imperfect.
3. A person has some money in his hand, he opens his hand, shows it to the
seller and asks him to sell him a particular item for all that money. The
seller saw the money in his hand and handed over the item but did not
know the exact amount of money that was in the buyer's hand. This
transaction is valid.
Similarly, if the buyer places a heap of money before the seller on a mat,
etc. and the latter agrees to sell him the item for that heap of money, the
sale is valid even if he does not know the exact amount kept before him
In short, once the seller sees the money, it is not necessary to tell him how
much money there is. But if he does not see the money with his own eyes, it
is necessary to specify the exact amount. A person says: "I will take this
item for 10 coins." If in such a case, he does not specify the total amount of
money and the matter is not settled, this transaction will not be valid.
4. A person says:
(a) "Take this item, what is the need to agree on a price? Whatever the price
will be, I will collect it from you. How can I take extra from you?"
(b) "You can take this item away. I will find out the price from home and
let you know later.'
(c) "Someone else had taken a similar item. You can pay me whatever that
person had paid."
(d) "Pay me whatever you wish, I will not refuse it. I will accept whatever
you give me."
(e) "Find out the price in the bazaar and then pay me whatever the market
price is."

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(g) "Go and show this item to a certain person and you can pay me
whatever he quotes you."
The transaction will be invalid in all the above instances. However, if the
price of the item is made known at that very place and the cause which had
made the transaction invalid is no more found, the transaction will become
valid. If the price was made known after there was a change in their places,
then the first transaction will be invalid. However, once the price is made
known, they can recommence the transaction.
5. There is a particular shopkeeper from whom one orders whatever one
needs and the goods are delivered to the person's home. Today he might
order some betel nut, tomorrow he might order some catechu (a vegetable
extract eaten with betel leaves), some other day he might order a few
coconuts, etc. and when purchasing these items he did not bother to ask
about the price and thought to himself that whenever the account comes he
will pay whatever he has to pay. Such a transaction is permissible.
Similarly, a person sent a prescription to a chemist requesting for some
medicine but did not ask for the price thinking to himself that once he
recovers from his sickness he will go and pay whatever he is owing. This is
also permissible.
6. A person has got RI in his hand and says: "I am buying this item for this
R1." He has the choice of giving that same RI or he could take out another
R1 and hand it over to the seller. The only condition is that it must not be
counterfeit.
7. A person purchased an item for R1. He has the choice of giving a RI
coin, two 50c coins, five 20c coins, etc. As long as they total R1, the seller
cannot refuse to accept that money. However, if the person does not give
such coins but gives 1c and 2c coins, the seller has the right to accept or
refuse.269
If he does not wish to accept any coins, the buyer will have to pay in notes.
8. A person sold a writing case or a suitcase. The key for both these items
will also be considered to be sold. He cannot charge separately for the key
of the writing or suit case nor can he withhold the key.
269
This will apply in cases where the denomination of a certain currency is in notes and the
buyer is paying in coins. For example, a person has to pay R10 for a particular item and we know
that the R10 denomination is in the form of a note and not in the form of a coin. In such a case, the
seller has the right to refuse if he is being paid in coins which are to the value of R10.

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Having knowledge of the item that is to be purchased
1. When purchasing dry groceries, seeds, etc. a person has the choice of
purchasing it after having it properly weighed or he could say: "I am buying
a certain amount of wheat for R1." Alternatively, he could purchase it as it
is (i.e. without having it weighed nor specifying any amount) and say: "I
am buying this heap of wheat for R1." No matter how much of wheat may
be in that heap, all will belong to him (once he purchases it).
2. When purchasing, mangoes, guavas, oranges, etc. one has the choice of
purchasing them by merely counting them or purchasing them in heaps. If a
person purchases all the mangoes that are in a basket for R2 without
knowing how many there are in it, the transaction will be valid. All the
mangoes will be his irrespective of how many come out from that basket.
3. A woman came around selling fruit. The person said to her: "Give me
some fruit equal to this brick in weight for R1." The woman agreed to sell
the fruit by using the brick as a weight. However, none of them know the
weight of the brick itself. Despite this, the transaction will be valid.
4. A person purchased an entire basket of mangoes, guavas, oranges or any
other fruit for R100 on the condition that there are 400 mangoes (or
whatever other fruit there may be) in that basket. When the mangoes were
counted, there were only 300. The person purchasing the mangoes has the
choice of taking them as they are or not buying them. If he buys the entire
basket, he does not have to give R100. Instead, he will have to pay for only
75% of the total amount. If there are 350 mangoes, he will have to pay for
88% of the total amount. In short, the fewer the mangoes, the lesser he will
have to pay.
If, after counting, more than 400 mangoes come out, the balance will
belong to the seller. The buyer does not have the right to take more than
400. But if the buyer purchases the entire basket without specifying how
many there are, then whatever number comes out will be his; whether they
are more or less.
5. A person purchased a head-covering which is made of such a fabric that
if a part of it is torn, the entire garment will become spoilt and useless. At
the time of purchasing it, the person made this condition that it is 3 metres
in length. When it was measured, it turned out to be less than 3 metres. In
such a case, the price of this fabric will not be reduced. Instead, the buyer
will have to pay the full price that had been agreed upon. However, in such

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a case, the only concession that they will have is that despite their agreeing
on a price, the buyer has the right to take the item or leave it. If more than 3
metres are found in that length of fabric, it will belong to the buyer. He
does not have to pay any additional amount of money for it.
6. A woman purchased two silk belts at night. The following morning she
noticed that one of the belts is made of cotton. The transaction with regard
to both these belts is not permissible; neither the one made of silk nor the
one made of cotton. Similarly, if a person purchased two rings on the
condition that they are made of turquoise, and later he learns that one of
them is not made of turquoise but of something else, the transaction with
regard to both is not permissible. If the person still wishes to purchase one
of the two or both of them, then the method of doing this is that they should
commence the transaction all over again and thereafter the buyer can
purchase whichever one he wants.
Purchasing on credit
1. It is permissible to purchase an item on credit. However, it is necessary
to specify a period of time, i.e. you will pay the amount after 15 days, after
one month or after four months - whatever the case may be. If a person
does not specify any period but merely says: "I don't have the money now, I
will pay you later", this has two aspects to it: (i) He says: "I will purchase
this on condition that I will pay you later." In such a case the transaction
will be invalid (faasid). (ii) If the person does not include this condition in
the actual transaction, but after purchasing it he says: "I will pay you later",
this will be permissible.
If he did not mention anything within the transaction nor anything after the
transaction, the sale will be valid and in both these instances he will have to
pay cash for the item. If the seller gives on credit on his own accord, it will
be permissible. But if he asks for the money immediately, the person will
have to give it.
2. At the time of purchasing an item a person says:
(a) "Give me that item, once I get my money I will pay it to you."
(b) "When my brother comes, I will pay you."
(c) "Once the orchard bears its fruit, I will pay you."
(d) Alternatively, the seller says: "Take the item now, and you can
pay me whenever you wish."

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In all these cases, the transaction will be invalid. One has to specify a
period of time and then purchase the item. If the person purchases the item
and then says any of the above, the transaction will be valid and the seller
has the right to ask for the money immediately. The exception is that the
seller cannot demand for the money before the orchard can bear its fruit.
3. When paying in cash, the price of 200 grams of wheat is R1. But if the
person buys on credit, he receives only 150 grams. This transaction is valid
on the condition that the buyer is informed of this at that very time. 270
4. The above rule applies when the seller asked the buyer whether he is
going to pay cash or take it on credit. When he replied that he is going to
pay cash, the seller gave him 200 grams. And when he said credit, the seller
gave him 150 grams. But if the seller says: "If you pay cash, this will be the
price, and if you take it on credit, this will be the price", then such a
transaction will not be valid (since the buyer has not specified his intention
of paying cash of taking on credit).
5. A person purchased an item after promising to pay for it after one month.
On the expiry of one month he went to the seller and told him that he must
give him a respite for another 15 days, after which he will pay him his
money. If the seller agrees, it will be permissible. However, he also has the
right to demand the money immediately.
6. Once the person has the money, it is not permissible to delay in paying.
He cannot say: "I won't give you today, I'll give it to you tomorrow", "Don't
come to collect it now, come at such-and-such time", "I don't have change
now, once I get some change I will pay you". All this is harâm. Once the
person asks for the money, you should make the change and give him his
money immediately.
However, if the person purchases something on credit and promises to pay
after a certain period of time, then once the time expires, it will be wajib on
him to pay the money. It is not permissible to delay or make the person
"run" for his money once the specified time expires. But if the person does
not have the money nor was he able to obtain it from someone else, then he
has no alternative but to pay it the moment he receives the money. Once he
receives the money, he cannot delay in fulfilling his debt.
270
This means they had agreed upon the method of payment in that very place, i.e. whether it
will be for cash or on credit. But if they speak in vague terms without the buyer knowing the exact
position, it will not be permissible.

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Khiyârush Shart - the right to return goods
1. At the time of purchasing an item, a person says: "I have the right to take
or return this item within one day, two days or three days. If I wish, I will
keep it, if not, I will return it to you." This is permissible. He has the choice
of returning the item within the period that he specifies or of keeping it.
2. A person says: "I have the right to take or return this item within three
days." Three days expired and this person did not say anything nor did he
return it. He will now have to take that item. He does not have the right to
return it. However, if the seller permits him to do so, it will be permissible.
He cannot return it without obtaining the consent of the seller.
3. It is not permissible to make such a condition for more than three days. If
a person makes a condition for four or five days, we will have to see
whether he makes a decision within three days or not. If he returns the item
within three days, it will be considered to be returned. If he decides to keep
it, the transaction will be valid. If three days pass without knowing whether
he is going to keep the item or return it, the transaction will become invalid.
4. Similarly, the person selling the item also has the right to say: "I have the
choice of taking my item back within three days." This is also permissible.
5. At the time of purchasing an item, a person says: "I have the right of
returning this item within three days." The next day he comes and says: "I
have decided to keep this item and I am not returning it." Once he says this,
his right will be forfeited and he cannot return that item. In fact, even if he
goes to his own house and says that he has decided to keep that item, his
right will be forfeited. When a person wishes to cancel his transaction or
return the item, he will have to do it in front of the seller, he cannot do it
behind his back or in his absence.
6. A woman says: "My mother has the right - if she says that I should keep
it, I will do so, if not, I will return it." This is permissible. This woman or
her mother can return the item within three days. If this woman or her
mother come and inform the seller that she has decided to keep the item,
this right will now be forfeited and the item cannot be returned.
7. A person takes two or three pieces of cloth and says: "I have the right for
three days. Whichever one I like, I will pay R10 per piece and keep it." This
is permissible and he can select one piece of cloth within three days. But if
the person takes four or five pieces of cloth (i.e. more than three) and says
that he will select one from them, this transaction will be invalid.

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8. A person had stipulated the right to return the item within three days.
Thereafter, he began using it at home, e.g. if it is something that is used to
cover himself, he began covering himself with it. If it is something that is
worn he began wearing it. If it is something to lay out, he began laying it
out. In all these cases, the right to return the item will now be forfeited.
9. However, if a person uses an item merely to see whether it is suitable or
not, e.g. a woman purchases a dress, sheet or carpet. Thereafter, she puts on
the dress to check whether it fits her well or not and removes it immediately
thereafter, wraps the sheet around her to check whether its length and width
is suitable or not, or spreads the carpet to see whether its length and breadth
is suitable or not. In all these cases, she still has the right to return these
items if she wishes to do so.
Purchasing an item without seeing it
1. A person purchases an item without having seen it. This transaction is
valid. However, once he sees the item, he has the right to return it or keep
it. This is irrespective of whether there is any defect in the item or not.
Even if the item is exactly as he had envisaged it to be, he still has the right
to return it or keep it.
2. A person sold an item without even looking at it. This person who sells
the item does not have the right to take it back after he sees it. Only the
buyer has the right of returning an item after seeing it.
3. A hawker came selling peas. The top of the heap had all good quality
peas. Upon seeing this, the buyer bought the entire basket of peas.
However, the peas that were in the bottom of the heap were of an inferior
quality. He still has the right to return them. However, if all the produce is
of the same quality, it will be sufficient to see a few. Once he does this, he
forfeits the right to return them irrespective of whether he sees all the
produce or not.
4. A person bought guavas, pomegranates, coconuts or anything else which
is generally not all the same. As long as the person does not see all the fruit,
he will have the right to return them. By his seeing a few of the fruit, he
does not forfeit the right to return.
5. If a person purchases something that is to be consumed (either by eating
it or drinking it), he does not forfeit his right to return by merely seeing it.
He should also taste it.27 If he does not like it, he has the right to return it.
271 This rule applies to foods which, if tasted, will not result in any loss being incurred by the
owner or seller, e.g. a water-melon that is not cut into pieces as yet does not fall under this rule.

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6. A person had seen an item long ago. He purchased it today but did not
look at it at the time of purchasing it (thinking that there is no need to do so
since he had seen it previously). When he took it home, it was exactly as he
had seen it a long time ago. After seeing it, he does not have the right to
return it. However, if, after seeing it after so long, he notices some
difference in it, he has the choice of keeping it or returning it.
Defects in an item
1. When selling an item, it is wajib on the person to show all the defects
that may be found in it. It is haram to conceal the defects and to convince
the person into buying such an item.
2. After purchasing an item, a person noticed a defect in it, e.g. a woman
notices that a cloth has been eaten up, a shawl has some moths in it or she
notices any other defect. She now has the choice of keeping the item as it
is, or returning it to the seller. However, if she decides to keep it, she will
have to pay the full price of the item. It is not permissible for her to reduce
an amount from the total price as a compensation for the defect. But if the
seller agrees to reduce the price because of the defect, it will be permissible
for her to pay less.
3. A person had purchased some fabric and kept it aside. A child ripped off
a corner of that fabric or cut it with a pair of scissors. Thereafter, he noticed
that it is damaged from the inside as well and that a rat has eaten it at
several places. The person cannot212 return this item because one additional
defect took place at his house (i.e. when the child had cut it). However, he
can have the price reduced as a compensation for the defect that took place
at the shopkeeper's place (i.e. the several places that had been eaten by a
rat). People who know the value of the item should be asked to estimate its
present value and the price reduced accordingly.
4. Similarly, if a defect is noticed after a fabric has been purchased and
already cut, it cannot be returned but the price will be reduced. However, if
the seller says: "Return the cut fabric and take a full refund, I am not going
to reduce the price", he has the right to ask for it and the buyer cannot
refuse to return it.
If the fabric has been cut and also sewn and thereafter a defect is noticed,
the price will be reduced as a compensation for the defect. In such a case,
the seller cannot take his fabric back.
272 However, if the seller is prepared to accept it, it can be returned to him.

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If the buyer sells that fabric or cuts it with the intention of sewing
something for her immature child and at the same time making a firm
resolution of giving it to the child,273 and thereafter a defect is noticed, then
the price cannot be reduced. But if she cut it with the intention of sewing
something for her mature child, the price can be reduced.
5. A person purchased eggs and paid a certain price per egg. When the eggs
were broken, all of them turned out to be rotten. The buyer can take all his
money back and it will be regarded as if he did not purchase the eggs at all. If
a few turn out to be rotten, he can claim the money for those that are rotten.
If a person purchases several eggs which have all been priced together (i.e.
he does not pay a certain price per egg), then we will have to see how many
rotten eggs come out from the entire lot. If five or six eggs are rotten out of
a total of 100 eggs, it will not be considered. But if more than this turns out
to be rotten, he can claim the money for those that are rotten.
6. A person purchased cucumbers, sweet-melons, water-melons, pumpkins,
almonds. walnuts, etc. When they were cut open or broken open, he noticed
that they are rotten. In such a case, check whether they could be used, or
they are so bad that they are absolutely useless and have to be thrown away.
If they are absolutely useless, this transaction will not be valid and the
person must claim all his money back. But if they can be used in some way,
he must pay the market value of such items. The full price will not be paid.
7. If, out of 100 almonds, four or five are rotten24 it will not be considered.
But if more than these turn out to be rotten, the person has the choice to
reduce the price accordingly.
8. A person purchased 150 grams of wheat for R1 or 100 grams of ghee for
R1. A portion of both these items was good, while the balance turned out to
be bad. It is not permissible to keep the good and return the bad. If he
decides to keep them, he will have to keep all. And if he decides to return
them, he will have to return all. However, if the seller agrees to take back
all the bad and give you the good, it will be permissible to do so. The buyer
cannot do this without the consent of the seller.
9. When there is any defect in an item, the person will only have the right to
return it when it is established that there is no indication that the person is
273
That is, with the intention of making the child the sole owner of the outfit that will be sewn.
274
The jurists have limited up to six out of 100. However, it is not their intention to limit. The
best way of limiting is according to the number that is generally overlooked in a particular society.
If it exceeds that number, the person will have the right to claim a reduction.

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happy about taking the defective item. However, once a person agrees to
purchase an item after seeing the defect, he does not have the right to return
that item. But if the seller takes it back happily, it will be permissible. For
example, a person purchased a goat or cow. When he went home with it, he
realized that it is sick or there is a wound on its body. Once he notices this
defect and expresses his consent and says to himself: "Well, it's okay. I've
bought a defective animal", he will no longer have the right to return it. If
he does not say anything verbally, but carries out certain actions which
show that he is satisfied with the animal, then too will he no longer have the
right to return it. For example, if he starts treating its wound and gives it
some medication, he will no longer have the right to return it.
10. A person purchased goat's meat. When he went home, he realized that it
is the meat of a sheep. He has the right to return it.
11. A woman purchased a pearl necklace or some other jewellery and also
wore it at some time or the other. Alternatively, she purchased a pair of
shoes and began walking around with it. Now she cannot return these items
if she finds any defect in them. However, if she wears the shoes in order to
check whether they fit her properly and that she does not experience any
discomfort by wearing them, there will be no harm in wearing them for a
little while in order to test them and she still has the right to return them if
she wishes to do so.
Similarly, if a person purchases a flat-couch (refers to a flat wooden type of
bed) or bed and lays them down out of necessity or begins to offer salah on
that couch or uses the bed in some way or the other, he will no longer have
the right to return the bed or couch. Other items could be understood in the
same manner. That is, once they are used for any purpose, they cannot be
returned.275
12. At the time of selling an item, a person said: "You better check it
properly before you buy it. Later if you find any defect in it, I will not be
responsible." Despite the seller saying this, the person purchased the item.
Later, he cannot return it irrespective of how many defects it may have. It is
permissible for the seller to sell an item in this manner and it is no longer
wajib on him to show the defect that may be in the item.
275
This means that once an item is used after purchasing it and its market value has dropped
due to using it, one will no longer have the right to return it merely because it has some defect.
However, he can claim for the balance of the money which came as a result of the drop in its
market value because of the defect that it has. If, due to using it, there is no drop in its market
value, the person will have the right to return it.