Indexed OCR Text

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Invalid and improper transactions
1. A transaction which is not considered in the Shari'ah, which is regarded
as useless, and regarding which one will say that it is as if the person did
not even purchase the item and the seller did not even sell it, is referred to
as bâtil or invalid. The rule with regard to such a transaction is that the
person who purchased the item does not become its owner and that it is still
considered to be under the ownership of the seller. Therefore, it is not
permissible for the buyer to consume it or to give it to anyone. It is not
permissible for him to utilise it in any way.
As for the transaction which has taken place but some sort of shortcoming
is found in it, is referred to as fâsid or improper. The rule with regard to
such a transaction is that as long as the item does not come into the
possession of the buyer, ownership of that item will not be transferred to
him. Once he takes possession of it, it will come under his ownership but it
is not halâl and tayyib. Therefore, it is not permissible for him to consume
it or utilise it in any way. Instead, it is wajib to cancel or annul this
transaction. If the person wishes to keep it, he must recommence the
transaction and then purchase it. If the person did not cancel this transaction
and instead, sold the item to someone else, he will be committing a sin.
However, it will be permissible for the second buyer to consume it or utilise
it in any way and this second transaction will be valid. If the person sold it
at a profit, it will be wajib on him to give the profits in charity. It is not
permissible for him to use it for his personal purposes.
2. The custom of selling the fish that is in the lakes or pools of landlords is
a bâtil transaction. All the fish that are in these lakes and pools do not
belong to anyone as long as they are not caught and fished out. The person
who catches the fish becomes its owner. Once you have understood this
aspect, now try and understand the following: if the landlords do not even
own those fish, how can it be permissible for them to sell them? Obviously,
if the landlord catches the fish himself and then sells it, this will be
permissible. If he asks someone else to catch the fish, that person will
become its owner. The landlord has no right over the fish which has been
caught by that person. In the same way, it is also not permissible for him to
prevent people from fishing there.276
276
This ruling applies to such instances whereby the fish were not introduced by the owner
into the lake, nor did he adopt such means to breed and restrict the area of the fish. If such means
were adopted, the owner has the right to prevent people from fishing there. For further details refer
to Imdadul fatâwa, vol. 3.

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3. Grass began growing on its own on a person's land. He did not plant it
nor did he irrigate it. This grass does not belong to anyone. Anyone can
come and cut it and take it away. It is not permissible for the owner of the
land to sell it nor is it permissible for him to stop anyone from cutting it.
However, if the person irrigated it and put some work into it, it will come
under his ownership. Now it will be permissible for him to sell it and to
stop others from cutting it as well.
4. The young of an animal that is still in the stomach of the mother cannot
be sold before it is born. Such a transaction is bâtil. However, it is
permissible to sell the entire animal. But if the owner says: "I am selling
this goat to you but the kid that is in its stomach belongs to me. Once it
gives birth to that kid, you will have to give it to me", then such a
transaction is fâsid.
5. The milk that is still in the udders of an animal cannot be sold before it
can be milked. Such a transaction is bâtil. The owner will have to milk the
cow first and then sell the milk. Similarly, it is prohibited and bâtil to sell
the wool that is on a sheep before it can be sheared.
6. It is not permissible to sell the timber, wood, etc. that is part of the house
or roof before removing or digging these items out.
7. It is not permissible to sell the hair, bones, etc. of humans. Such a
transaction is bâtil. It is also not permissible to utilise these things for one's
personal purposes.
8. Apart from pigs, the bones, hair and horns of dead animals are pure. It is
permissible to use them and to sell them as well.
9. You purchased a goat or any other item for R5 from someone, took
possession of it, took it home and had it tied. However, you did not pay for
it as yet. Coincidentally, you are unable to pay for it or you decided not to
keep it any longer. You therefore went to the person and said: "Take this
goat back for R4 and I will give you RI separately." This selling and this
taking away will not be permissible. As long as the person does not give
him the full amount in cash, it will not be permissible to sell it to him for a
lesser price.
10. A person sold his house on the condition that he will not hand it over
immediately. Instead, he will stay in it for one month. Alternatively, he sold
it on the condition that the buyer gives him a certain amount of money as a
loan. Or a person purchased fabric on the condition that the person who is
selling it must cut and sew it. Or he made the condition that he will

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purchase it on condition that it is delivered to his house. Or he made any
other similar condition which is regarded as baseless and prohibited in the
Sharî'ah. In all these cases, the transaction will be fâsid.
11. A person purchased a cow on condition that it gives four litres of milk.
This transaction is fâsid. However, if he did not specify any amount but
merely made the condition that this cow gives a lot of milk, the transaction
will be permissible.
12. A person purchased animate toys (such as dolls) for his children. This
transaction is bâtil. Such toys have no value in the Sharî'ah. Therefore, no
price will be paid for them and if someone happens to break them, he will
not have to pay any compensation.
13. If you purchased dry groceries, oil, ghee, etc. for a certain amount per
kilogram, the seller could have given you these items in any of the
following three ways:
(a) He weighed these items in your presence or in the presence of the
person whom you sent.
(b) He did not weigh them. Instead, he asked you to go home and
told you that he will send the items to you.
(c) The items were already weighed and kept aside and when you
asked for them, he merely picked them up and gave them to you
without re-weighing them.
The rule with regard to (a) is that once you bring the items home, you do
not have to weigh them. You can eat them, drink them, use them, sell them,
and do whatever else you like without having to re-weigh them. All this is
permissible and valid.
The rule with regard to (b) and (c) is that as long as you do not weigh them
yourself, you cannot consume them, you cannot sell them nor can you use
them in any way. If you sell them without weighing them, the transaction
will be fâsid. Even if you weigh them after this, the transaction will not be
proper.
14. Before he could sell you these items, he weighed them and showed
them to you. Thereafter, you purchased them but he did not re-weigh them.
In such a case, it is necessary for you (the buyer) to re-weigh them. You
cannot consume them or sell them without re-weighing them. Although he
weighed them and showed them to you before you could buy them, this
weighing of his will not be considered.277
277 Nowadays, since the items are pre-packed (e.g. sugar, flour, etc.) and prices are fixed. it is
permissible to buy such items without re-weighing them.

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15. All items apart from land, properties, houses, etc. cannot be resold as
long as the buyer does not take possession of them after buying them.
16. A person purchased a goat or any other item. After a few days another
person comes and says that the goat actually belongs to him. Someone had
taken it away and sold it to you without it belonging to him. If this person
can substantiate his claim with two witnesses in the presence of a Shar'î
judge, the goat will have to be given to him once the judge passes
judgement in his favour. This person (who had purchased the goat) cannot
claim the money from him. Instead, he can claim the money from the
person from whom he had purchased the goat.
17. A fowl, goat or cow died. It is harâm to sell that animal. Such a
transaction is bâtil. In fact, it is not even permissible to give this dead
animal to the toilet-cleaners and tanners for their consumption. However, if
you give it to the toilet-cleaner or tanner for throwing away and he picks it
up and eats it, there will be no blame on you. It is permissible for you to
have the animal skinned, it's skin treated and tanned and thereafter to sell it
or use it for your personal purposes.
18. Once a person decides to purchase an item, has it weighed, agrees on a
price and the seller also agrees to sell it at a particular price, it will not be
permissible for someone else to come and bid a higher price and take it
away. Similarly, it is not permissible for another person to say: "Don't buy
from him. I will give it to you at a better price."
19. A hawker sold four guavas to you for R1. Another person bargained
with him and got five guavas for R1. On seeing this, you have no right to
ask him for one more guava. It is not permissible and harâm to take it
forcefully. You can only take what you had agreed upon with him.
20. A person is selling something but he does not want to sell it to you. It is
not permissible to take the item forcefully and give him the money. This is
because he is the owner of that item, he can sell it if he wishes. If not, he
does not have to sell it. He also has the right to sell it to whomsoever he
wishes. Very often, the police take things forcefully. This is absolutely
harâm. If any woman's husband is a policeman and he brings any item
home, she must find out properly as to where he obtained it from. She must
not use that item without asking him.
21. A person bought a kilo of potatoes. Thereafter, he took a few more
potatoes forcefully. This is not permissible. But if the seller gives a few
more on his own will, it will be permissible to accept them. Similarly, once

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a price has been agreed upon and the person takes the item, it will not be
permissible to give an amount less than the price that was agreed upon. If
the seller happily reduces the price on his own, it will be permissible.
22. If there is a bee-hive in a person's house, he will be regarded as its
owner. It is not permissible for anyone else to break it or take it away
without his permission. If a bird gives birth to some chicks in a person's
house, he does not become the owner of those birds. Instead, whoever
catches them will become their owner. However, it is not permissible to
catch the chicks and trouble them.
Selling at a profit or at cost
1. I purchased an item for R1. I have the right to sell this item for R1, R10,
R20, R50 or at any other price. There is no sin in this. However, if the
transaction was settled in a way that the buyer says: "Make a profit of 10c
on the item and sell it to me", and you say: "Okay, I will sell it to you after
making a profit of 10c on it", then in such a case it is not permissible for
you to make a profit of more than 10c on that item. Alternatively, the buyer
says: "For whatever price you purchased it, add 40c profit to it and sell it to
me." Even in such a case, it will be wajib on you to quote the correct price
and it will be harâm to make more than 40c profit. Similarly, if you tell the
buyer: "I will sell this to you at cost and I won't make any profit from you",
it will not be permissible to make any profit. It will be wajib to quote the
cost price.
2. You intend purchasing an item and you ask the seller to sell it to you at a
profit of 10c. He replies: "Okay, I sell it to you at a profit of 10c."
Alternatively, you say: "Sell it to me at your cost price." He replies: "Okay,
give me that amount and don't give me any profit." However, in both cases,
he did not tell you the cost price of the item as yet. In such a case, if he
quotes you his cost price before getting up from his place, the transaction
will be valid. But if he does not quote you the price at that place, and says:
"Take the item now, I will check the price and inform you" or says
something else, then in such a case the transaction will be fâsid.
3. After taking the item, the buyer learns that the person hadn't quoted the
correct cost price and had made a profit more than what he had promised.
In such a case the buyer does not have the right to give a lesser amount. If
he wishes to purchase the item, he will have to pay the price that was

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quoted to him. However, he does have the right to return the item if he does
not wish to purchase it. If the seller had agreed to sell the item at cost and
had promised that he will not make any profit and thereafter quoted an
amount that is more than his cost price, then he does not have the right to
take more than the cost price. The buyer has the right to pay the cost price
and not pay the additional amount that he had quoted.
4. You purchased an item on credit. As long as you do not inform other
buyers that you have purchased it on credit, it will not be permissible for
you to sell it at a profit or at cost (if mention of the cost price is made at the
time of sale). Instead, you should inform them that you purchased the item
on credit. In so doing, it will be permissible for you to sell it at cost or at a
profit. However, if you do not make any mention of your cost prices, it will
be permissible for you to sell it at whatever price you wish.
5. You purchased a cloth for R100. Thereafter, you had it dyed at a cost of
R4. Alternatively, you had it washed or sewn for R4. It will now be
understood that you acquired it for R104. It will now be permissible for you
to mention its cost price as being R104 and thereafter to make your profit
on this amount. However, you should not say that you purchased it for
R104. Instead, you should say that it landed you at R104 so that it is not
regarded as a lie.
6. You purchased a goat for R100. You kept it with you for one month and
it cost you R10 to feed it in this one month. It will be permissible for you to
quote the cost price as being R110, and sell it at a profit accordingly.
However, if this goat produces milk, you will have to subtract that amount
accordingly as well, e.g. if it cost you R10 to feed this goat and it produced
milk to the value of R5, you will have to subtract this amount from the R10
and say that this goat landed you at R105.
There are many other masâ'il in this regard but since women do not
encounter them very frequently, we have not mentioned them. (Bearing in
mind that Bahishti Zewar was originally written for women).
Transactions based on Ribâ or Interest
There is a very major sin in conducting transactions which are based on
ribâ or interest. The Quran and Hadîth have mentioned many harms and
evils in this regard and have greatly emphasized abstention from such
transactions. Rasûlullâh sallallahu 'alayhi wa sallam cursed the payer of

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interest, the receiver of interest, the person who acts as a proxy for such a
transaction, the person who writes it down and the person who witnesses
such a transaction. Rasûlullâh sallallâhu 'alayhi wa sallam also added that
the payer and receiver of interest are both equal in this crime. It is therefore
necessary to be extremely cautious in abstaining from such transactions.
The masâ'il in this regard are very intricate. On trivial transactions one can
be regarded as committing the sin of involving himself in interest. Many
people do not even realize that they have committed a sin. We will explain
the necessary masa'il in this regard. When conducting any transaction,
always bear these masâ'il in mind.
Note: According to the norm in India and Pakistan, all things can be
divided into four categories:
(1) Gold and silver, and items that are made from them.
(2) Items other than gold and silver that are sold by weight, such as
dry groceries, crops, steel, copper, wool, vegetables, etc.
(3) Items that are sold by measurement, such as fabrics.
(4) Items that are sold by counting, such as eggs, mangoes, guavas,
oranges, goats, cattle, horses, etc.
Try and understand the rules of all the above individually.
Gold and Silver
1. There are several ways of purchasing gold and silver. One is that gold
could be purchased in exchange for gold or silver in exchange for silver,
e.g. a person purchases gold with a gold coin which he has in his possession
or silver with a silver coin which he has in his possession. In other words,
the item that is being purchased is of the same category as that with which
it is being purchased. In such a case, two factors are wajib: (i) the gold or
the silver on both sides will have to be equal, (ii) the transaction must be
complete before the buyer and the seller can separate, there must be no
outstanding amount. If they conduct this transaction contrary to any of
these two factors, it will be interest. For example, if you purchase silver
with a RI coin (which is made of silver)28, you will have to purchase the
silver that is equal in weight as that of the RI coin. If it is more or less than
278
In today's times, since coins are not generally made from silver or gold, instead other
metals are used. thus the ruling of equality in weight does not apply. However, the ruling of hand
to hand still applies, i.e. it is not permissible to purchase gold or silver on credit.

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the RI coin, it will be interest. Similarly, if you hand over the RI coin and
he does not give you the silver immediately, instead he promises to give it
to you after a short while and goes away or, you do not hand over the RI
coin to him and instead you take the silver on credit, then this will also be
interest.
2. The second method is that the same category is not found on both sides.
Instead, one person has gold while the other has silver. The rule in this
regard is that it is not necessary for them to be equal in weight. It is
permissible to purchase as much gold as possible with a RI coin. Similarly,
it is permissible to purchase as much silver as possible with a gold coin.
However, this transaction will have to be completed before the two can
separate. In this case it is also wâjib to abstain from any credit, as
mentioned in the previous mas'ala.
3. The market value of silver has risen sharply. In other words, a RI coin is
selling for R1,20 and no one is giving it for R1. Alternatively, a piece of
silver jewellery has been exquisitely designed and its weight is equal to 10
R1 coins of silver. However, one cannot purchase it for less than the weight
of 12 RI coins of silver. In order to save yourself from interest, an
alternative method is that you should not purchase it with silver coins.
Instead, purchase it with money (notes) or normal ordinary coins. However,
you should not purchase the RI coin with R1,20. If you do so, it will be
interest. Similarly, if you wish to purchase R8 worth of silver for R9, pay
the person with R7 worth of silver and R2 in cash. In so doing, you will be
purchasing R7 worth of silver with R7 worth of silver, and the balance of
the silver will actually be paid for with your R2. In short, if you wish to
purchase silver with silver always tender less silver than what is actually
being purchased and the remainder should be paid in cash (notes or coins).
4. If both the buyer and seller agree, then an easy method will be to add
some money on that side where the silver is less in weight.
5. An easier method is that each of them should keep whatever silver he
wishes to keep, and the other should keep whatever silver coins he wishes
to keep. However, each one should also add some money to his silver or
silver coins. He should then say: "I am buying this silver and this money in
exchange for these silver coins and this money." In so doing, they will save
themselves from all technicalities.
6. If the price of silver has dropped and one is able to purchase R1.50 worth
of silver for R1 (made of silver) and one feels that if he has to purchase

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R1.50 worth of silver for RI, he will suffer a loss, then the method of
avoiding this and also avoiding any interest is that he should include some
money (not made of silver) in the price of the silver irrespective of how
little it may be, e.g. he purchased R15 worth of silver for R10. In this way,
it would be understood that the silver worth R9 was in exchange of the nine
silver coins of RI each whilst the cash (i.e. other coins not made of silver)
of RI was in exchange of the remainder.
7. A person wishes to purchase high quality silver in exchange for his
inferior quality silver and is unable to acquire an amount of high quality
silver which is equal in weight to his inferior quality silver. In such a case,
he should first sell his inferior quality silver for whatever price he may be
able to get. Thereafter, he should purchase the high quality silver with the
money that he receives. In buying and selling, the rules that have been
mentioned above should also be borne in mind. Alternatively, both the
buyer and seller could include some money in both the silver and thereafter
undertake the transaction.
8. Most women purchase silver laces, brocades, tassels, etc. from the
bazaars. They should also bear the above masâ'il in mind because this is
also silver and silver coins are being paid in exchange for these silver items.
Even in this case, an easy method will be to include some money on either
side and then undertake the transaction.
9. If a person purchases an item which is made of gold or silver and it is
such that it is entirely made of gold or entirely made of silver and it does
not contain anything else, then the same rule will apply. That is, if a gold
item is being purchased with silver or silver coins, or a silver item is being
purchased with gold coins, it will be permissible to purchase that item
irrespective of the difference in weight. The only factor that they have to
worry about is that the transaction must be completed there and then. None
of the parties must have any outstanding amount. But if a silver item is
being purchased with silver coins or a gold item is being purchased with
gold coins, it will be wajib for them to be equal in weight. If there is any
shortfall or extra on either side, the item should be purchased through the
above-mentioned methods.
10. The item is such that it has some other metal or stone in addition to the
silver. For example, an armlet has been filled with sealing-wax, a stone has
been set onto a nose-ring, a stone has been set into a ring, or an armlet has
not been filled with sealing-wax but instead it has been beaded with strands

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of wire (and beads). If these items have been purchased with silver coins,
then check the amount of silver they contain. Is the silver in the item which
you have purchased equal in weight as that of the silver coins, is it more or
is it less? If the silver in the item is definitely less than the weight of your
silver coins, this transaction is permissible. If it is equal or more, the
transaction will be regarded as interest. In order to save yourself from this
interest, the above-mentioned methods should be employed. That is, the
silver coins with which you will be paying should be less in value than the
silver that the item contains and include some cash in order to fill in the
balance. The condition or prerequisite of the entire transaction being carried
out at one time (i.e. without any credit on either side) has also to be adhered
to in all these masa'il.
11. You have taken someone else's ring in exchange for your ring. Check if
both have any stone or gem. If both the rings have a stone or gem, this
exchange is permissible irrespective of whether the amount of silver in both
the rings is equal, less or more. However, it is necessary that this exchange
takes place in one sitting.
If both the rings are plain, i.e. without any stone, then the condition is that
the silver will have to be equal. Even if there is a slight difference, it will be
regarded as interest.
If one of the rings are plain and the other has a stone, it will be permissible
to exchange one for the other only if the plain ring has more silver than the
ring which has a stone. If it is not so, it will be harâm to exchange and it
will be regarded as interest.
Similarly, if this transaction and exchange does not take place at once; i.e.
one of them hands over his ring immediately while the other says that he
will give it at a later stage, then this will also be regarded as interest.
12. In all those masa'il where we said that it is a condition or a prerequisite
for the transaction to be executed in one sitting or at one time - this means
that the transaction must be completed before the two can separate. If one
of them separates or moves away before the transaction can be completed,
it will not be considered and this will also be regarded as interest. For
example, you purchase some gold, silver, or a gold and silver item from the
jeweller in exchange for R10 worth of silver. In such a case, you should
hand over the silver coins there and then. In the same way, the jeweller
should hand over the item to you there and then. If the jeweller does not
have the silver with him and says that he will go home just now and send

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the silver item to you, this will not be permissible. Instead, he should send
someone to bring it for him. At the same time, you should not move from
that place until the silver item is brought nor should you allow the jeweller
to move away from there. If the jeweller asks you to go home with him and
that he will give it to you over there, you should follow him closely and try
to be with him all the time. If he disappears into the house or disappears
somewhere else, it will be a sin and the transaction will not be permissible.
You will have to renew the entire transaction.
13. After purchasing the item, you went home to bring the silver coins, or
the jeweller went to relieve himself or went into the back of his shop for
some work. In so doing the two of you were separated from each other.
This is not permissible and the transaction will be regarded as interest.
14. If you do not have the silver coins with you at that time and you wish to
purchase the item on credit, then the method of purchasing the item is that
whatever amount you have to pay for the item, borrow that amount from
the person as a loan. Once you have taken that amount, pay for the item that
you wish to purchase, and the responsibility to re-pay the loan will remain
on your shoulders. You can re-pay this loan whenever you wish.
15. You purchased a head-covering or hat which has been embroidered
with silver at a price of R10 worth of silver. In such a case, try to estimate
the amount of silver that will come out from that head-covering. After
estimating the amount of silver, it will be wajib on you to pay an equivalent
amount from your silver coins immediately. The balance of the price could
be paid whenever you wish. The same rule will apply to pre-set jewellery.
For example, you purchased jewellery to the value of R50 in silver while it
has R20 worth of silver in it. In such a case, you will have to pay the R20
immediately, and the balance could be paid whenever you wish.
16. You purchased cash money in exchange for silver coins. The rule in this
regard is that it is not necessary for the transaction to be executed
immediately. Instead, it will be sufficient if it is fulfilled by one of the
parties. For example, you gave the silver immediately while he gave the
cash money after some time. Alternatively, he gave you the cash money
immediately, while you gave him the silver after separating from him. This
is permissible. However, if you take small change (coins in small
denominations) together with the cash money, this small change will have
to be given there and then.
However, it should be borne in mind that this rule with regard to cash will
only be applicable when the shop-keeper has the cash money in his

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possession but is unable to hand it over immediately due to some reason, or
because it is still at home and he will bring it for you from there. But if he
did not have the money in his possession and said that he will give it to you
after selling some of his goods or, he gave you a part of the money now and
said that when he makes a sale and receives some money you must come
and take the balance of what he owes you; this will not be permissible.
Since most of these debts take place on account of an absence of money, it
is therefore preferable not to leave any money on credit. If it becomes
necessary to undertake such a transaction, take whatever money the person
has as a loan and let him keep the silver as an amânah. Once he gives you
all the money undertake the transaction.
17. If a person gives gold coins in exchange for silver coins, it is wâjib for
both of them to be present and for the transaction to be carried out in the
presence of the buyer and seller.
18. A person purchased a gold or silver item with gold or silver coins and
made the condition that he has the right to keep the item or return it within
one day or three days. This is not permissible. One should not make
conditions of this nature in such transactions.
Items sold by weight
1. We will now explain the rules with regard to items sold by weight, such
as dry groceries, meat, steel, copper, vegetables, salt, etc. If a person wishes
to exchange or purchase any of the above-mentioned items (or items that
fall under this category) in exchange for the same item, e.g. he wishes to
exchange wheat in return for wheat, rice in exchange for rice, flour in
exchange for flour or any other similar item which is the same, then the rule
in this regard is that it is wajib to take the following two factors into
consideration: (i) the weight of the item will have to be equal on both sides.
Even the slightest difference in weight will not be permitted. If not, it will
be regarded as interest. (ii) If the two parties do not take possession of the
respective items, the minimum requirement is that the wheat of both should
be kept separately. You should take your wheat, weigh it, keep it separately
and tell him that this wheat is kept over here, he can take it whenever he
wishes. In the same way, he should also weigh his wheat, keep it separately
and tell you that this wheat is kept over here and that you can take it
whenever you wish. If they do not do this and separate from each other (or
go away), they will be committing the sin of interest.

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2. A person wishes to give his inferior quality wheat in exchange for wheat
that is of a high quality, or inferior quality flour in exchange for flour that is
of a high quality. When engaging in exchanges of this nature, it is obvious
that no one would give an equal amount. In order to save oneself from
interest, one should sell this inferior quality wheat or flour in exchange for
money. For example, by selling a certain amount of flour for R2.
Thereafter, he should purchase the high quality flour (or wheat) with the R2
that he received. This is permissible.
3. If an item is being exchanged for another item, e.g. a person gives some
wheat and takes rice, barley, gram, corn, salt, meat, vegetables, etc., then in
such a case it is not wajib for the weight of both the items to be exactly the
same. He can give a kilo of wheat in exchange for 10 kilos of rice or any
other item. He could also give a kilo of wheat in exchange for a fraction of
a kilo of any other item.
However, the second factor is wajib here as well. That is, the transaction
must be executed in the presence of both the persons. Alternatively, the
minimum is that the items of both the persons must be kept separately. If
they do not do this, they will be committing the sin of interest.
4. A woman purchased vegetables from the hawker in exchange for a kilo
of gram. She then separated herself from there and went into the house to
bring some wheat. This is harâm and not permissible. She will have to
recommence the entire transaction.
5. Items which are sold by weight were purchased with silver coins, money,
clothes, or any other item which is not sold by weight but sold by
measurement or by counting. For example, the person gave a metre of
material and took some wheat or similar item (which is sold in weight) in
exchange. Alternatively, he gave some wheat or gram and took some
guavas, oranges, pears, eggs, or any other item that is sold by counting. In
short, on one side we have an item that is sold by weight, and the other side
we have an item that is sold by counting or measuring. In such a case, none
of the two factors which we had mentioned will be wajib. For RI, a person
can purchase as much wheat, flour, or vegetables as he wishes. Similarly,
he can give some clothes and take as much dry groceries as he wishes. By
giving some wheat, gram, etc. he can take as much guavas, oranges, etc. as
he wishes. All this is possible irrespective of whether the entire transaction
is executed in one sitting or whether it is completed after them separating.
In all cases this transaction will be correct.

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Heavenly Ornaments (Behishti Zewar)
6. On one side there is sifted flour while on the other side there is un-sifted
flour. Alternatively, on one side there is course flour while on the other side
there is fine flour. When exchanging such flour, it will be wajib for them to
be equal in weight. It is not permissible to have any difference in the
weight. If it becomes necessary to exchange it in this way, the above-
mentioned methods should be adopted.
If on one side you have wheat flour and on the other side you have gram
flour or rice flour, then in such a case it will not be wajib to have an equal
weight of both. However, the second factor, i.e. that the transaction must be
executed in one sitting, is wajib.
7. In no way is it permissible to exchange wheat for flour. This is
irrespective of whether you give a kilo of wheat in exchange for a kilo of
flour, or whether there is any difference in their weight. In all cases it is not
permissible. However, if the person gives some wheat and does not take
any wheat flour, instead he takes the flour of some other item such a gram
flour, it will be permissible to do so. However, the transaction will have to
be executed there and then.
8. A person gave mustard seeds and took mustard oil in return or he gave
sesame seeds in exchange for sesame oil. In such a case you should check
whether this oil is definitely more than the oil that can be extracted from
these mustard or sesame seeds or not. If this oil is more, it will be
permissible to undertake such a transaction provided it is executed there
and then. If it is equal to or less, or you have a doubt as to whether it is
more or not, it will not be permissible. Instead it will be regarded as
interest.
9. A person gave beef in exchange for mutton. It is not wâjib for the weight
of both to be the same. There can be a difference in the weight. However,
the transaction will have to be executed there and then."
279
10. A woman gave her water pitcher and took another one in exchange.
Alternatively, she exchanged her water pitcher for a small pot or pan. In
such a case it is a condition for both the items to be equal in weight and for
the transaction to be executed there and then.280
If there is a slight
279
However, if beef is exchanged for buffalo meat, or goat meat is exchanged for sheep meat, it will
be necessary for them to be equal in weight. It is not permissible to have any difference in the weight.
281).
These conditions will only be applicable if items of this nature are sold by weight. If such
items are not sold by weight (as in the South African context), then these conditions will not be
applicable.

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difference in the weight, it will be interest. This is because both the items
are made of copper and they will therefore be regarded as being of the same
category. If they are equal in weight but the transaction was not executed
there and then, it will also be interest. However, if one item is made of
copper and the other of steel, brass or any other metal, it will be permissible
to have some difference in weight. However, the transaction will have to be
executed there and then.
11. A woman purchases a kilo of wheat on credit from a person and says: "I
don't have any wheat. However, in compensation for your wheat I will give
you two kilos of gram." This is not permissible because it means that the
woman is exchanging her gram for wheat and at the time of exchanging it is
necessary to have the entire transaction to be executed there and then. There
must be no credit remaining. However, if the need arises to carry out such a
transaction, she should take the wheat on credit but she should not mention
that she will give two kilos of gram in exchange for it. Instead, after some
time she should bring the gram and inform the person thus: "I am giving
you this gram in exchange for the wheat that I had taken from you." This is
permissible.
12. In all the above-mentioned masa'il it is a prerequisite for the entire
transaction to be executed there and then. If this is not done, then the
minimum is that both the items should be weighed there and then and kept
separately. If this is not done, the transaction will be regarded as interest.
Items sold by measurement or counting
1. The following rules apply to items that are not sold by weight, but sold
either by measurement or counting. If a particular type of item is exchanged
for the same type of item, e.g. guavas are exchanged for guavas, or oranges
are exchanged for oranges, or a fabric is exchanged for similar fabric, then
in all these cases it is not a prerequisite for both the items to be equal. It is
permissible to have some difference. However, it is wajib for the
transaction to be executed there and then.
If the item that is being exchanged is different from the other item, e.g.
guavas are exchanged for oranges, wheat is exchanged for guavas or a fine
fabric is exchanged for a coarse fabric, this will be permissible under all
circumstances. It is not wâjib for both the items to be equal nor is it wajib
to execute the transaction there and then (i.e. it is permissible to take, for
example, the guavas now and give the oranges later on).

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Additional points
1. The essence of this entire explanation is that apart from gold and silver,
if the same item is on either side and it is sold by weight, e.g. wheat in
exchange for wheat or gram in exchange for gram, then it is wajib for them
to be equal in weight and it is also wajib for the entire transaction to be
executed there and then.
If the same item is found on either side but it is not sold by weight, e.g.
guavas in exchange for guavas, oranges in exchange for oranges or fabric in
exchange for a similar fabric or, there are different items on either side but
both are sold by weight, e.g. wheat in exchange for gram or gram in
exchange for rice, then in both these cases it is not wajib for them to be
equal in weight. A difference in weight is permitted. However, it is wâjib to
execute the entire transaction there and then.
Where both these factors are not found, i.e. the items are different on either
side and both of them are not sold by weight, then in such a case a
difference is permitted and it is also not wajib to execute the entire
transaction there and then. For example, exchanging guavas for oranges.
Understand these masâ'il well.
2. A utensil made of china was exchanged for another such utensil of a
different quality. Alternatively, a utensil made of china was exchanged for
an enamelled copper utensil. Equality in these items is not wâjib. It is also
permissible to give one such item in exchange for two such items.
Similarly, it is permissible to give one needle in exchange for several
needles. However, if there are copper utensils on either side or enamelled
copper utensils on either side, then in such a case, the transaction will have
to be executed there and then. But if the type is different, e.g. a utensil
made of china in exchange for an enamelled copper utensil, then even this
prerequisite is not wâjib.
3. Your neighbour comes to you and tells you: "Give me the rotis which
you have made with one kilo of flour because a few visitors have come to
my house. In return for these rotis, you can take a kilo or one and quarter
kilos of flour or wheat. Alternatively, give me these rotis now and later you
can take the flour or wheat from me." This is permissible.
4. When sending your servant or maid to purchase an item, explain to them
carefully as to how they should conduct these transactions. It should not
occur that they purchase something in an incorrect manner which would
involve an interest transaction whereby you and all your children eat that

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Heavenly Ornaments (Behishti Zewar)
item and are thereby caught up in eating something harâm. The sin of all
those whom you feed from such food, e.g. your husband, your guests, etc.
will fall on your shoulders.
Bay'us Salam or Forward buying
1. Prior to harvesting or after harvesting the crops, one gives R100 to a
person and says: "(After two or three months) in a certain month, on a
certain day, I will take wheat in exchange for this R100 which I am giving
you now." In addition to this, the person also specified the quantity of
wheat that he will take in exchange for this money. This transaction is
valid. He will have to give the wheat in the month and date which he had
specified and at that very price which they had agreed upon. This is
irrespective of whether the market value of the wheat on that specified date
is more or less than the price that he had specified. Such a transaction is
known as bay'us salam. In order for this transaction to be valid, there are
several conditions. Try and understand them thoroughly.
(a) The type, quality, class, etc. of the wheat (or whatever other crop one is
purchasing) should be clearly mentioned so that there is no dispute when
taking delivery of the item. For example, he must state: "You must give me
a certain type of wheat. It must not be too fine nor too coarse. It must be of
a high quality and not of an inferior quality. It must not be mixed with
anything else such as gram, peas, etc. It must be thoroughly dried and not
wet." In short, whatever type of item he wishes to purchase, he must clearly
state how it should be so that there is no dispute later. If, at that time, he did
not stipulate but merely said: "You must give me wheat in exchange for this
R100", then this transaction will not be permissible. Alternatively, if he
merely said that he must give him some husk or rice without specifying the
type or quality; then this will not be permissible.
(b) The second condition is that he must also specify the weight, that for
R100 he will take 10 kilos or 15 kilos or whatever the amount may be. If
the person says that he must give it to him according to the market rate at
that time or that he must give 2 kilos more than whatever the market rate
will be at that time, this will not be permissible. The market rate will not be
considered. At the time when making the agreement, the amount must be
decided upon and once the stipulated date arrives, he must take the
specified amount.

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Heavenly Ornaments (Behishti Zewar)
(c) The third condition is that he must also specify the price that he is going
to pay, i.e. he is going to take the wheat for R100 or R200 or whatever the
case may be. If the person does not specify this clearly but speaks in vague
terms by saying that he will take some wheat for a few rands, then this is
not valid.
(d) The fourth condition is that he must pay all the money at that very time
and at that very place. If they agree on the entire transaction, separate and
go away, and then the person comes back to pay the money, this agreement
of theirs will be invalid and they will have to recommence the entire
transaction. Similarly, if the person pays R50 in cash and the balance of
R50 after some time, the bay'us salam will be valid in respect of the R50
and invalid in respect of the balance R50.
(e) The fifth condition is that the person must specify the time of taking
delivery which must be a minimum of one month. That he will take the
wheat after one month on a particular date. It is not permissible to stipulate
a period less than one month. He can stipulate more than one month
irrespective of how much more it may be. However, he must clearly state
the month, day and date so that there is no dispute and the person does not
say that he will not give it you immediately and you demand that you want
it immediately. Therefore, stipulate everything before hand. If the person
does not specify the month, day and date, and instead says that once the
crop is harvested you must give it, this will not be valid.
(f) The sixth condition is that the person must specify the place where he
wants the wheat, either in this town or in some other town. Alternatively, he
could ask the person to deliver it to his house. In short, the person should
clearly state where he wishes to have the wheat delivered or collected. If
the person does not specify the place it will not be valid. However, if it is
an item that is light and there is no labour involved in transporting the item,
e.g. a woman purchases musk or pearls, etc. then it is not necessary to
mention the place. Wherever he meets the person, he can hand it over.
If the bay'us salam is executed according to the above-mentioned
conditions, the transaction will be valid, if not, it will not be valid.
2. If items other than wheat and other crops are such that at the time of
purchasing them they can be clearly described in order to prevent any
dispute at the time of taking delivery, then bay'us salam with regard to such
items will also be valid. Such items include eggs, bricks and clothes.
However, all the necessary details will have to be mentioned, e.g. he will

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have to specify the size of the bricks, their length, their width, etc. The
cloth will have to be described as to whether it is of silk, how fine or coarse
it should be, etc. The eggs will have to be described as to whether they will
be farm eggs or eggs produced from battery chickens, etc. In short, all the
necessary details will have to be clearly mentioned so that there is no
dispute later on.
3. A person purchased five bags or five baskets of husk for R100 on the
basis of bay'us salam. This transaction will not be valid because you get
different sizes of bags and baskets. However, if they are able to specify and
agree upon a certain size or conduct the transaction by weight, it will be
valid.
4. An additional condition for the validity of bay'us salam is that from the
time that they conduct the transaction till the time that they specified for
delivery of the item, that item must be available in the market and it must
not become scarce. In the course of this time, if this item becomes
absolutely scarce to such an extent that it is unavailable in the markets of
this country and can only be obtained from elsewhere after much difficulty,
then this bay'us salam will be invalid.
5. When conducting the transaction, the person says: "After the crop is
harvested, in a certain month I will take the fresh wheat or, I will take the
wheat that comes from a particular farm." This is not permissible. Such a
condition should therefore not be made. When the specified time
approaches, the person can give the old or the fresh wheat. However, if the
fresh wheat is already harvested, it will be permissible to make a condition
with regard to the fresh wheat.
6. You had agreed to take wheat to the value of R100. The specified time
expired and went beyond that as well and this person did not give the wheat
as yet. Nor is there any hope of receiving it. In such a case it is not
permissible for you to ask him not to give you the wheat and that in place
of the wheat he should give you gram, rice or something else. It is not
permissible to take anything else in place of the wheat. You could either
give him more time in which he could give you the wheat or you could take
your money back.
Similarly, if both of you annul the bay'us salam and you decide not to take
the wheat and take the money back, then you cannot take anything else
from him in place of that wheat. You will have to take your money back.
Similarly, if the transaction becomes annulled on its own, e.g. that item has

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become scarce and cannot be obtained, then even in such a case you will
have to take your money back. You cannot take anything else in place of
the wheat. You could take your money and purchase something else with
that money from him.
The taking of loans
1. It is permissible to take loans of items which could be replaced, such as
dry groceries, eggs, meat, etc. It is not permissible to take loans of items
which are difficult to replace (i.e. it is difficult to obtain an exact replica of
the item) such as, guavas, oranges, goats, fowls, etc.
2. At a time when 10 kilos of wheat was being sold for R10, you borrowed
5 kilos. Thereafter, the price of wheat dropped and 20 kilos of wheat began
to be sold for R10. You will still have to give 5 kilos and not more.
Similarly, if the price rises, you will still have to give 5 kilos.
3. When the person returned the wheat that he had borrowed from you, he
gave you wheat of a higher quality. It is permissible to accept this wheat
and it is not regarded as interest. However, at the time of borrowing the
wheat it is not permissible to say that you will take wheat that is of a higher
quality. It should be remembered that the wheat should not be more in
weight. If you take wheat that is more in weight than the one that you had
given, it will not be permissible. You must weigh the wheat properly and
give it. If slightly more is given (as a precaution), it will be overlooked.
4. You borrowed money or some grains on the promise that you will return
it within one month or fifteen days and the person accepted this promise.
Even then, mentioning this period will not be considered. In fact, it is not
permissible to mention any period. If the person who lent the money or
grains needs the same and asks for it, or asks for it without even really
needing it, you will have to return it.
5. You borrowed two kilos of wheat, flour or something else. When the
person asked for it, you replied: "I do not have any wheat at the moment. In
place of that wheat take R2." The person agreed to take the money instead.
In such a case, the money will have to be handed over to the person there
and then. If the person goes into the house in order to bring the money and
separates from the person, this agreement will become invalid. He will have
to repeat the entire agreement with regard to taking the money instead of
the wheat.