BySheikh Abdullah bin Abdul al-Azhim Khalafi
The definition of Sale and PurchaseAl-Buyu 'is the plural of bai'u, and dijamak because of many kinds.
While bai'u which transfer ownership to someone else at a price. As such bai'i syira is received. And each of them is used to name the others.
Pensyari'atan Sale and PurchaseAllah Ta'ala says:
وأحل الله البيع وحرم الربا
"And Allah has trade and forbidden usury." [Al-Baqarah: 275]
Also said:
يا أيها الذين آمنوا لا تأكلوا أموالكم بينكم بالباطل إلا أن تكون تجارة عن تراض منكم
"O ye who believe, do not eat each other neighbor's property with a false way, except by way of trade applicable to consensual among you." [An-Nisa ': 29)]
Hakim bin Hizam of Allaah 'anhu that the Prophet sallallaahu' alaihi wa sallam, he said:
البيعان بالخيار ما لم يتفرقا.
"Al-Bayyi'an (sellers and buyers) have the right khiyar (choose to continue selling or cancel it) as long as they have not split up." [1]
The Muslims have berijma 'will bolehnya buying and selling, and wisdom also requires the sale and purchase, because the basic need of human beings depend largely by what is owned by someone else (but) sometimes the person does not give him, so that there is in buying and selling pensyari'atan Wasilah (intermediaries) to arrive at a destination without being burdensome. [2]
Prompts WorkOf Miqdam anhu that the Prophet of Allaah sallallaahu 'alaihi wa sallam, he said:
ما أكل أحد طعاما قط خيرا من أن يأكل من عمل يده وإن نبي الله داود q كان يأكل من عمل يده.
"It is not someone else eat a little better than consuming their work themselves, for surely Nabiyullaah, Dawud Aliahissallam first meal of the results of his own." [3]
And from Abu Hurayrah that he said, "The Prophet sallallaahu 'alaihi wa sallam said:
لأن يحتطب أحدكم حزمة على ظهره خير له من أن يسأل أحدا فيعطيه أو يمنعه.
"Really, one of you gather that he was a bundle of firewood on his back hip (for sale) is better for him than in begging to others, either given or denied. '" [4]
Wealth for the cautiousOf Muadh bin 'Abdillah bin Khubaib, from his father, from his uncle anhum Allaah, he said, "The Messenger sallallaahu' alaihi wa sallam said:
لا بأس بالغنى لمن اتقى والصحة لمن اتقى خير من الغنى وطيب النفس من النعيم.
"Never mind the wealth of the righteous. And for those who fear health better than wealth, and life is good, including good. '" [5]
Simple suggestions Livelihood In SearchJabir bin 'Abdillah anhuma Allaah, he said, "The Messenger sallallaahu alaihi wa sallam said:
أيها الناس اتقوا الله وأجملوا في الطلب, فإن نفسا لن تموت حتى تستوفي رزقها, وإن أبطأ عنها فاتقوا الله وأجملوا في الطلب خذوا ما حل ودعوا ما حرم.
"O people, fear Allah and do good in the begging, for surely a soul will not die so filled rizkinya slow coming though, so fear Allah and do good in the begging. Take a lawful and leave theharam. "[6]
Threat Prompts Doing Honest And LyingHakim bin Hizam of Allaah 'anhu that the Prophet sallallaahu' alaihi wa sallam, he said:
البيعان بالخيار ما لم يتفرقا, أو قال: حتى يتفرقا, فإن صدقا وبينا بورك لهما في بيعهما, وإن كتما وكذبا محقت بركة بيعهما.
"The seller and the buyer has the right for both of them have not been separated khiyar (or he said, 'Until they said good-bye'), if they act honestly and explain (the state of his wares), it will be blessed in the sale and bought it, (but) if the cover-up and lie, then the sale will be deleted blessing purchasing. "[7]
Of 'Uqbah bin' Amir, he said, "I heard the Prophet sallallaahu 'alaihi wa sallam said:
المسلم أخو المسلم لا يحل لمسلم باع من أخيه بيعا فيه عيب إلا بينه له.
"A Muslim is a brother to other Muslims. It is not lawful for a Muslim to sell merchandise to his brother that there is a disgrace to him unless he explained" [8]
Prompts Easing And Merciful In the Sale and PurchaseJabir bin 'Abdillah Rdhiyallahu' anhum that the Prophet sallallaahu 'alaihi wa sallam said:
رحم الله رجلا سمحا إذا باع وإذا اشترى وإذا اقتضى.
"May God have mercy on someone who is generous when to sell, when to buy and when demanded" [9]
Giving primacy to the People Tempo Difficulty Paying DebtFrom Abu Hurayrah from the Prophet sallallaahu 'alaihi wa sallam, he said:
كان تاجر يداين الناس, فإذا رأى معسرا قال لفتيانه: تجاوزوا عنه لعل الله أن يتجاوز عنا, فتجاوز الله عنه.
"There was a merchant who frequently gave loans to people, when he sees people who have difficulty paying their debts (mu'-sir) and he said to his servants, 'Forgive he, may Allah forgive (the errors) us.' So, Allaah will forgive (forgive) his mistakes. "[10]
Prohibition of DeceptiveFrom Abu Hurayrah, he said:
مر رسول الله صلى الله عليه وسلم برجل يبيع طعاما, فأدخل يده فيه فإذا هو مغشوش فقال رسول الله صلى الله عليه وسلم: ليس منا من غش.
"The Prophet sallallaahu 'alaihi wa sallam passed someone selling food, then he put his hand into it, it turns out he was cheating, so the Prophet sallallaahu' alaihi wa sallam said, 'People who cheat (cheating) is not from our group.'" [11 ]
Prompts Berpagi-morning In Search RizkiOf al-Ghamidi Shakhr Allaah 'anhu, he said, "The Messenger sallallaahu' alaihi wa sallam said:
اللهم بارك لأمتي في بكورها.
'O Allah, bless my people in the morning.' "[12]
Ruling When Markets GoFrom Salim ibn 'Abdillah bin' Umar, from his father, from his grandfather anhum Allaah, he said, "Messenger of Allah sallallaahu 'alaihi wa salalm said," Whoever reads when it entered the market:
لا إله إلا الله وحده لا شريك له, له الملك وله الحمد يحيي ويميت, وهو حي لا يموت بيده الخير كله, وهو على كل شيء قدير.
'There is no god has the right to be worshiped except Allah alone correctly, no partner for Him, His own kingdom and all praise belongs to Him, He is turning on and off, he Mahahidup and not die, all goodness is in His hands , and He has power over all things. '
Allah will write one million good for him and remove a million mistakes and he will build a house for him in Heaven. "[13]
Allah has made Sale and PurchaseLegal origin is allowed to sell anything and in some way during the buying and selling is done by mutual consensual between seller and buyer while not prohibited by the shari'ah.
[Copied from the book of Al-Sunnah wal Wajiiz fii Fiqhis Kitaabil Aziiz, author Azhim bin Abdul al-Khalafi Badawai, Indonesia Guide Fiqh Complete Edition, Translation Team Tashfiyah LIPIA - Jakarta, Ibn Kathir Reader Publishers, Printed in Ramadan 1428 - September 2007M]
Book Sale and Purchase (2)
BySheikh Abdullah bin Abdul al-Azhim Khalafi
Various Types Sell Buy Prohibited Syari'atA. Bai'ul GhararThat is all that it contains elements of buying and selling jahalah (obscurity) or an element of luck or gambling pit.
From Abu Hurayrah that he said:
نهى رسول اللهصلى الله عليه وسلم عن بيع الحصاة وعن بيع الغرر.
"The Prophet sallallaahu 'alaihi wa sallam forbade bai'ul bai'ul hashaat and gharar (selling items that no element of fraud)" [14]
Al-Imam an-Nawawi said in Sharh Muslim rahimahullah (X / 156), "The ban on gharar bai'ul is a great principle of the principles of buying and selling books, because that Imam Muslim mendahulukannya go in it because the problems are somany are not limited to, such as bai'ul aabiq (sell slaves who escaped from his master), bai'ul ma'dum (selling something that does not exist), bai'ul majhul (selling something that is not obvious), selling goods that can not be given to the purchaser, the ownership rights to sell something that the seller is not perfect, sell fish in the water a lot, selling milk which was still in his pocket, which is still selling the fetus in the belly of its mother, to sell a piece of food without a clear dose, sold a piece of clothing from the collection of a lot of clothes ( without having to specify this), selling a goat from a collection of many goats (without define it), and the like, all of these laws is a falsehood to sell it, because it includes gharar with no intent. "
He said, "If there is intent to do gharar calling and may not cover it unless the masyaqqah (how heavy / hard) and form ghararnya trivial, then it should sell. That is why the Muslims (scholars) agree to be bolehnya selling cotton robe filled the time while not fill it out and see if the filler material sold separately then it should not be. "
Furthermore, he said, "Know that bai'ul mulamasah, bai'ul munabadzah, bai'ul hablil habalah, bai'ul hashaat, 'asbul Fahl and various sale and purchase of the like that are special to her texts, this all makes the prohibition of gharar bai'ul, but mentioned in isolation and are forbidden because he is kind of a famous trading Jahiliyyah. Wallaahu knows best. "(In brief).
Bai'ul Mulamasah and MunabadzahFrom Abu Hurayrah, he said:
نهي عن بيعتين الملامسة والمنابذة, أما الملامسة, فأن يلمس كل واحد منهما ثوب صاحبه بغير تأمل, والمنابذة أن ينبذ كل واحد منهما ثوبه إلى الآخر ولم ينظر واحد منهما إلى ثوب صاحبه.
"Two forms of buying and selling is forbidden; mulamasah and munabadzah. The mulamasah ie (by the way) any of the sellers and buyers of clothes touching his friend without notice / check (there is a flaw to it or not). While munabadzah ie (by the way) any of the seller and the buyer throws his clothes to the other and one of the two do not see the clothes his brother "[15]
From Abu Sa'id al-Khudri Allaah 'anhu he said:
نهى رسول الله صلى الله عليه وسلم عن لبستين وعن بيعتين, نهى عن الملامسة والمنابذة في البيع, والملامسة لمس الرجل ثوب الآخر بيده بالليل أو بالنهار ولا يقلبه إلا بذلك, والمنابذة أن ينبذ الرجل إلى الرجل بثوبه وينبذ الآخر ثوبه ويكون ذلك بيعهما عن غير نظر ولا تراض.
"The Prophet sallallaahu 'alaihi wa sallam has forbidden us from selling the two forms and two different kinds of clothes, he was banned from mulamasah and munabadzah in buying and selling. And mulamasah is a person touches someone else's clothes by hand in the night or day and he turned it except by touching it. While munabadzah is someone throwing his clothes to another person, and someone else is throwing his clothes to him, and that's how they both buying and selling without looking and without each other as they liked "[16]
Bai'ul Habalil HabalahFrom Ibn 'Umar' anhuma, he said:
كان أهل الجاهلية يتبايعون لحوم الجزور إلى حبل الحبلة قال وحبل الحبلة أن تنتج الناقة ما في بطنها ثم تحمل التي نتجت فنهاهم النبي صلى الله عليه وسلم عن ذلك.
"It is the Ahl-ul-Jahiliyyah each other to sell camel meat habalul habalah. And habalul habalah is that a camel is pregnant and give birth and then his son, the Prophet sallallaahu 'alaihi wa sallam forbade it. "[17]
Bai'ul HashaatFrom Abu Hurayrah, he said:
نهى رسول الله صلى الله عليه وسلم عن بيع الحصاة وعن بيع الغرر
"The Prophet sallallaahu 'alaihi wa sallam forbade gharar bai'ul hashaat and bai'ul." [18]
Al-Imam an-Nawawi said in Sharh Shahiih rahimahullah Muslim (X/156), "The bai'ul hashaat, then there are three interpretations to it:
First: (It is) by saying, "I sell to you of these clothes are exposed to what I'm throwing pebbles," or "I'm selling this land to you from here to the extent that I was throwing pebbles."
Second: (It is) by saying, "I sell to you on condition you have khiyar until I threw it with gravel."
Third: (It is) both (seller and buyer) makes the kind of throw the pebble itself as a sale and purchase, which he says, "If I throw a rock these clothes he bought at a price so by you." (Done).
'Asbul Fahl [19]From Ibn 'Umar anhuma, he said:
نهى النبي صلى الله عليه وسلم عن عسب الفحل.
"The Prophet sallallaahu 'alaihi wa sallam forbade' asbul Fahl." [20]
2. Laisa Bai'u Maa 'Indahu (Sale and Purchase Goods Not In The seller)Hakim bin Hizam of Allaah 'anhu, he said, "I said,' Messenger of Allah, someone asked me to sell, but I do not have, if I sell him? 'He replied:
لا تبع ما ليس عندك.
"Do you sell an item that you do not have. '" [21]
3. Buy Sell A Goods Received NotOf Ibn 'Abbas, he said, "The Messenger sallallaahu' alaihi wa sallam said:
من ابتاع طعاما فلا يبعه حتى يقبضه.
"Whoever bought the food, then let him sell it back until he received it first."
Ibn 'Abbas Allaah' anhu said, "I think all of his position as food." [22]
Of Thawus, from Ibn 'Umar, he said, "The Messenger sallallaahu' alaihi wa sallam said:
من ابتاع طعاما فلا يبعه حتى يكتاله.
"'Those who buy food, then he should not sell it until he got it.'"
I said to Ibn 'Abbas, "Why?" He replied, "Do not you see they are trading with gold while the food is suspended (pending)." [23]
4. Sale and Purchase Transactions on Sale and Purchase Transactions brotherFrom Ibn 'Umar that the Messenger of Allaah anhuma' alaihi wa sallam said:
لا يبيع بعضكم على بيع بعض.
"Do some of you guys make buying and selling over the buying and selling of others." [24]
From Abu Hurayrah that the Prophet sallallaahu 'alaihi wa sallam said:
لا يسم المسلم على سوم أخيه.
"Do not be a Muslim to bid (items) are currently being offered by his brother." [25]
5. Bai'ul 'InahThat is to sell something to someone else at a price of tempo and he handed it over to the buyer, then before he received the payment he bought back (from the buyer) at a cash price is less (less expensive) than the price of tempo.
From Ibn 'Umar anhuma that the Prophet sallallaahu' alaihi wa sallam said:
إذا تبايعتم بالعينة وأخذتم أذناب البقر ورضيتم بالزرع وتركتم الجهاد سلط الله عليكم ذلا لا ينزعه حتى ترجعوا إلى دينكم.
"If you were buying and selling by means of 'Inah, and you prefer to hold the tails of cattle •, and pleased with the farm, and you leave the duty of jihad, (undoubtedly) Allah will inflict humiliation upon you. It is no disgrace He drew it, but when you return to your religion. "[26]
6. Buy How to Sell a Price Increase Tempo With (Sale and Purchase of Credit)Today has been spread by buying and selling prices increase due to the better known bai'ut taqshiith (jaul credit purchase).The form of this buying and selling, as has been advised, is to sell the goods to be credited with an additional price in return due time. As an example of an item in cash for a thousand, and then sold on credit for a thousand two hundred, including the sale of such sale is prohibited.
Abu Hurairah a'nhu of Allaah, he said, "Messenger of Allah sallallaahu 'alaihi wa sallam said:
من باع بيعتين في بيعة فله أوكسهما أو الربا.
"Whoever sells the two transactions in one transaction, then the loss or usury to him." [27]
Goods sold are Not allowed:A. The wine (Intoxicating Beverages)Of 'Aisha ahuma Allaah, he said:
لما نزلت آيات سورة البقرة عن آخرها خرج النبي صلى الله عليه وسلم فقال حرمت التجارة في الخمر.
"When we go down the verses of Surat al-Baqarah ...., the Prophet sallallaahu 'alaihi wa sallam came out as he said,' The wine trade has been forbidden. '" [28]
2. Carcasses, Pork And StatuesJabir bin 'Abdillah anhuma Allaah, he heard the Prophet sallallaahu' alaihi wa sallam said when he was in Makkah on 'Amul fath (opening in the city of Mecca):
إن الله ورسوله حرم بيع الخمر والميتة والخنزير والأصنام, فقيل يا رسول الله أرأيت شحوم الميتة فإنها يطلى بها السفن ويدهن بها الجلود ويستصبح بها الناس فقال لا هو حرام ثم قال رسول الله صلى الله عليه وسلم عند ذلك قاتل الله اليهود إن الله لما حرم شحومها جملوه ثم باعوه فأكلوا ثمنه.
"Verily Allah and His Messenger have forbidden The wine sale, carcasses, pork and sculpture." Then someone asks, "O Messenger of Allah, do you think of (sell) carcass fat, in fact he used to paint the boat, lubricate the skin and the people use for lighting? "he replied," It should not be, he is unclean. "The Prophet sallallaahu 'alaihi wa sallam then said," May Allah fight the Jews, when in fact God forbid fats (animal), they were melted and then sell it and take the money. "[29]
3. DogOf Abu Mas'ud al-Ansari of Allaah 'anhu:
أن رسول الله صلى الله عليه وسلم نهى عن ثمن الكلب ومهر البغي وحلوان الكاهن.
"That the Prophet sallallaahu 'alaihi wa sallam prohibited from selling dogs, mahrul baghyi (the proceeds of adultery / prostitution) and hulwanul kaahin (wage shamanic practices)." [30]
4. Painting (Picture-Picture) The Spirit hasFrom Said ibn Abul Hasan, he said, "I was in the place of Ibn 'Abbas anhuma Allaah, suddenly someone came to him as he asked,' O Ibn 'Abbas, I am a person that my income from my hand craft, and in fact I make a picture these images. 'So Ibn' Abbas said, 'I'm not going to tell you except what I heard from the Prophet sallallaahu' alaihi wa sallam. I have heard him say:
من صور صورة فإن الله معذبه حتى ينفخ فيها الروح وليس بنافخ فيها أبدا.
"Those who draw a picture (animate), then surely Allah will mengadzabnya so that he breathes life to it (the pictures), and he will not be able to blow the soul forever."
Then that person is also experiencing a severe shortness of breath and his face paled. (Ibn 'Abbas) said,' Woe to you, except if you are reluctant to have to make it, then draw a tree, (draw) anything that does not have a soul ". [31]
5. Before Ripe FruitAnas bin Malik of Allaah 'anhu, the Prophet sallallaahu' alaihi wa sallam:
أنه نهى عن بيع الثمرة حتى يبدو صلاحها وعن النخل حتى يزهو, قيل وما يزهو? قال: يحمار أو يصفار.
"That he forbade selling fruit before it matures, and the dates that he was colored." Then someone asks, "What do you mean color?" He replied, "(Up) red or yellow." [32]
Also narrated from him, "That the Prophet sallallaahu 'alaihi wa sallam, forbade selling fruit to mature. Then he asked, 'What's that mature?' He replied, 'Till flushed.' Then the Prophet sallallaahu 'alaihi wa sallam said:
أرأيت إذا منع الله الثمرة بم يأخذ أحدكم مال أخيه.
"What do you think if God is holding fruit (can not be harvested), then by what means any one of you take the treasure of his brother. '" [33]
6. Before the seeds of agricultural Harden (Old)From Ibn 'Umar,
أن رسول الله صلى الله عليه وسلم نهى عن بيع النخل حتى يزهو وعن السنبل حتى يبيض ويأمن العاهة نهى البائع والمشتري.
"That the Prophet sallallaahu 'alaihi wa sallam forbade selling dates until the ma-tang, and (prohibiting selling) of grain until hardened (mature) [34], and safe from pests. He prohibits sellers and buyers. "[35]
[Copied from the book of Al-Sunnah wal Wajiiz fii Fiqhis Kitaabil Aziiz, author Azhim bin Abdul al-Khalafi Badawai, Indonesia Guide Fiqh Complete Edition, Translation Team Tashfiyah LIPIA - Jakarta, Ibn Kathir Reader Publishers, Printed in Ramadan 1428 - September 2007M]_______
Khiyar (Select)
BySheikh Abdullah bin Abdul al-Azhim Khalafi
Definition KhiyarKhiyar is looking for two of the best choices among imdha (continue the transaction) or ilgha (cancel the transaction).
Various Kinds KhiyarA. Khiyar AssemblyKhiyar this happen for sellers and buyers since the contract until they split up, as long as they are not trading with no requirement or they abort khiyar khiyar after the contract or any of them (either a seller or buyer) have the right to abort khiyarnya,gugurlah right then, but for others (who do not menggugur it) then right khiyarnya remain.
From Ibn 'Umar anhuma, from the Prophet sallallaahu' alaihi wa sallam, he said:
إذا تبايع الرجلان فكل واحد منهما بالخيار ما لم يتفرقا وكانا جميعا أو يخير أحدهما الآخر فتبايعا على ذلك فقد وجب البيع وإن تفرقا بعد أن يتبايعا ولم يترك واحد منهما البيع فقد وجب البيع.
"If two people were buying and selling each other, then everyone of them have not been separated and khiyar for them together (in one place), or one of them gives khiyar to others, so if one of them gave to the khiyar other then they make buying and selling on the khiyar really have (happened) sale and purchase, and when they split up after a sale and purchase, and one of them did not leave the purchase has been buying and selling. "[1]
Separated Haram Assembly For Fear Of Canceling the TransactionOf 'Amr ibn Syu'aib, from his father, from his grandfather that the Messenger of Allaah anhum sallallaahu' alaihi wa sallam said:
البيعان بالخيار ما لم يتفرقا إلا أن تكون صفقة خيار ولا يحل له أن يفارق صاحبه خشية أن يستقيله.
"Sellers and buyers have not been separated khiyar for both except when it has been agreed to extend khiyar until after the split, it is not lawful for him to leave his best friend for fear he would cancel the transaction." [2]
2. Khiyar SyartThe seller and the buyer or one of them gives the terms khiyar until a clear deadline. Khiyar as legitimate even though the time is long.
From Ibn 'Umar anhuma of the Prophet sallallaahu' alaihi wa sallam, he said:
إن المتبايعين بالخيار في بيعهما ما لم يتفرقا أو يكون البيع خيارا.
"Surely the seller and the buyer has khiyar buy and sell both for not separated or (if) the sale of any khiyar him." [3]
3. Khiyar 'AibProhibition hide the shame has passed (the discussion), then if someone buys defective goods defects while he did not know until they split up, he may return the item to the seller.
From Abu Hurayrah, he said, the Prophet sallallaahu 'alaihi wa sallam said:
من اشترى غنما مصراة فاحتلبها فإن رضيها أمسكها وإن سخطها ففي حلبتها صاع من تمر.
"Anyone who buys a goat musharrah [4], then he memerahnya, then if the good pleasure of his arrest (no return), but if he hated it in the milk that was milked he was replaced by a sha 'of dates." [5]
From Abu Hurayrah that the Prophet sallallaahu 'alaihi wa sallam:
لا تصروا الإبل والغنم فمن اشترى مصراة فهو بأحد النظرين إن شاء ردها ورد معها صاعا من تمر.
"Do not let the camel and goat milk (with no memerahnya when it will sell), then those who bought after that, he has two choices after memerahnya, if not then he had it and if not he shall return it along with a sha 'of dates." [6]
[Copied from the book of Al-Sunnah wal Wajiiz fii Fiqhis Kitaabil Aziiz, author Azhim bin Abdul al-Khalafi Badawai, Indonesia Guide Fiqh Complete Edition, Translation Team Tashfiyah LIPIA - Jakarta, Ibn Kathir Reader Publishers, Printed in Ramadan 1428 - September 2007M]
R i b a
BySheikh Abdullah bin Abdul al-Azhim Khalafi
The definition of RibaAr-Riba-isim maqshur-taken from the word rabaa - yarbuu, so that ar-written with alif ribaa (الربا).
Ar-riba original meaning was az-ziyadah (increase) in both Essence of the thing itself, as the word of Allah, the Exalted:
اهتزت وربت
"... Live and suburlah earth ..." [Al-Hajj: 5]
And can also (increment it) occurred in the exchange as one dirham coin with two.
Usury lawsRiba is haraam according to the Scripture, as-Sunnah and ijma 'of the people.
Allah Ta'ala says:
يا أيها الذين آمنوا اتقوا الله وذروا ما بقي من الربا إن كنتم مؤمنين فإن لم تفعلوا فأذنوا بحرب من الله ورسوله وإن تبتم فلكم رءوس أموالكم لا تظلمون ولا تظلمون
"O ye who believe, fear Allah and give up what remains of usury (which is not collected) if ye are believers. So if you do not do (of war), then know that Allah and His Messenger will fight you.And if you repent (from taking usury), then you staple your treasure; you do not persecute and not (also) be persecuted. "[Al-Baqarah: 278-279]
He said:
الذين يأكلون الربا لا يقومون إلا كما يقوم الذي يتخبطه الشيطان من المس
"People who eat (take) usury can not stand but as stands one whom possessed by Satan because of the (pressure) insanity." [Al-Baqarah: 275]
Allah also says:
يمحق الله الربا ويربي الصدقات
"God destroyed the usury and fertilize the charity." [Al-Baqarah: 276] [1]
From Abu Hurayrah that the Prophet sallallaahu 'alaihi wa sallam said:
اجتنبوا السبع الموبقات, قالوا: يا رسول الله وما هن? قال: الشرك بالله والسحر وقتل النفس التي حرم الله إلا بالحق وأكل الربا وأكل مال اليتيم والتولي يوم الزحف وقذف المحصنات الغافلات المؤمنات.
"Stay away by you seven (cases) and to destroy." The Companions asked, "What is it, Messenger of Allah?" He replied, "Shirk in Allah, magic, kill the soul which Allah made unlawful except by way of truth, consuming riba, consuming the property orphaned children, fled from the battlefield, and the menu-duh again clean the holy women who believe (in adultery). "[2]
From Jabir Allaah 'anhu, he said
لعن رسول الله j آكل الربا وموكله وكاتبه وشاهديه وقال: هم سواء.
"The Prophet sallallaahu 'alaihi wa sallam cursed the people who devour usury, those who represent them, pencatatnya and two witnesses. He said, "They're all the same." [3]
And from Ibn Mas'ud a'nhu Allaah, he said that the Prophet sallallaahu 'alaihi wa sallam said:
الربا ثلاثة وسبعون بابا أيسرها أن ينكح الرجل أمه.
"Riba has seventy-three-door (sin), and the lightest (sin) it is like a man who married his mother." [4]
Of 'Abdullah bin Hanzalah, from the Prophet sallallaahu' alaihi wa sallam, he said:
درهم ربا يأكله الرجل وهو يعلم أشد من ستة وثلاثين زنية.
"One dirham (wealth) of riba are eaten someone he knows (that is riba) is more powerful than thirty-six adultery." [5]
Of Ibn Mas'ud, the Prophet sallallaahu 'alaihi wa sallam, he said:
ما أحد أكثر من الربا إلا كان عاقبة أمره إلى قلة.
"It is not someone reproduce (takes) Riba unless the consequences of his deeds is (freely will be) a little." [6]
Various kind of RibaThere are two kinds of Riba: Riba and Riba fadhl nasi'ah.
The additional usury is required nasi'ah taken by the creditor (ad-da-in) from the debtor (al-madiin) in return for a tempo (a given).
Riba is forbidden by type (proposition) the Scripture, as-Sunnah and ijma 'of the people.
The usury fadhl money is buying and selling with money or food to food with no enhancements.
Riba is forbidden by the argument type as-Sunnah and ijma 'as it is to usury nasi'ah Wasilah.
What Types of Riba Forbidden herRiba does not occur unless the al-ashnafus Sitta (six types) mentioned in the hadith.
From bin al-Samit Ubadah he said, "The Prophet sallallaahu 'alaihi wa sallam said:
الذهب بالذهب والفضة بالفضة والبر بالبر والشعير بالشعير والتمر بالتمر والملح بالملح مثلا بمثل سواء بسواء يدا بيد, فإذا اختلفت هذه الأصناف فبيعوا كيف شئتم إذا كان يدا بيد.
"Gold for gold, silver for silver, wheat by wheat, sya'ir with sya'ir, dates by dates, salt by salt (let sold) with the same scales, exactly and directly handed over (in cash). (But) if different kinds then sell your home there are arbitrarily handing over. '"[7]
If the six types are sold by the likes such as gold or gold with dates with dates, then performed with tafadhul haram (another exaggeration) and is also done in a way forbidden nasi'ah (pending the transfer receipt), and there should be equality in weight or measure and not need to look at the (quality) of good and bad, and there should be taqabudh (handover) in the assembly.
From Abu Sa'id al-Khudri Allaah 'anhu, that the Prophet sallallaahu' alaihi wa sallam said:
لا تبيعوا الذهب بالذهب إلا مثلا بمثل ولا تشفوا بعضها على بعض ولا تبيعوا الورق بالورق إلا مثلا بمثل ولا تشفوا بعضها على بعض ولا تبيعوا منها غائبا بناجز.
"Do not sell gold for gold except with the same scales and do not be preferred over the other part. Thou shalt not sell silver for silver except with the same scales and do not be preferred over the other part and do not be selling things unseen (not in the chamber) with items that are present (in assembly). "[8]
Of 'Umar Ibn al Khattab Allaah' anhu, he said, "Messenger of Allah sallallaahu 'alaihi wa sallam said:
الذهب بالذهب ربا إلا هاء وهاء والبر بالبر ربا إلا هاء وهاء والشعير بالشعير ربا إلا هاء وهاء والتمر بالتمر ربا إلا هاء وهاء.
"Gold is a gold usury unless immediate handover, grain by grain usury unless immediate handover and sya'ir with sya'ir usury unless immediate handover dates and dates with usury except if immediate handover." [9]
From Abu Sa'id, he said, "At the time of the Prophet sallallaahu 'alaihi wa sallam we are never given a date jama' (ie) a mixture of dates (between a good and bad), then we sold two sha 'with a sha'. The news came to the Prophet sallallaahu 'alaihi wa sallam then he said:
لا صاعي تمر بصاع ولا صاعي حنطة بصاع ولا درهم بدرهمين.
"Do not sell the two sha 'of dates with a sha' and do not also sell two-sha 'wheat with a sha' and do not also one dirham coin with two." [10]
And if the six types are sold with other types such as gold (sold) with silver or wheat with tafadhul sya'ir then be handed over, subject to the council because the Prophet sallallaahu 'alaihi wa sallam in the hadeeth of' Ubadah already mentioned: '( But) if different kinds so you sell at will as long as there is acceptance. "
And also because the word he sallallaahu 'alaihi wa sallam in the hadeeth of' Ubadah contained in the hadeeth narrated by Abu Dawud and others:
ولا بأس ببيع الذهب بالفضة, والفضة أكثرهما, يدا بيد, أما نسيئة فلا, ولا بأس ببيع البر بالشعير, والشعير أكثرهما يدا بيد, وأما نسيئة فلا.
"It's okay to sell gold to silver in the silver more (if) the direct handover as for the way nasi'ah (pending the transfer receipt), then there should be. And why not sell the wheat to the amount sya'ir sya'ir more (if) the direct handover, while nasi'ah way it should not. "[11]
And if the six types are sold by the type and 'illat (because) the menyelisihinya, such as gold and silver with a grain of salt, then it may well nasi'ah tafadhul.
Of 'Aisha Allaah anhuma:
أن النبي صلى الله عليه وسلم اشترى طعاما من يهودي إلى أجل ورهنه درعه.
"That the Prophet sallallaahu 'alaihi wa sallam buy food from a Jew with the (payment) date, and mortgaged his armor to him." [12]
Al-Amir al-Salaam San'ani said in Subulus (III/38), "Know that the scholars have agreed upon usury bolehnya sell goods with other goods that usury is not the same kind as another way of deferred and exaggeration, such as selling gold to wheat, silver and the other with sya'ir of mixed goods. "(Done).
Also may not sell ruthab (wet dates) with dried dates except for the Ahl-ul-'Araya, they are indigent persons who do not have a palm tree, then they should buy from the owner ruthab palm trees they eat from the tree by estimating (measuring) the tamr (dried dates).
Of 'Abdullah bin' Umar anhuma:
أن رسول الله صلى الله عليه وسلم نهى عن المزابنة, والمزابنة بيع الثمر بالتمر كيلا وبيع الكرم بالزبيب كيلا.
"That the Prophet sallallaahu 'alaihi wa sallam forbade muzabanah (that) sells dates with tamr wet (dry dates) with a rate and selling wine grapes to dry the wet dose." [13]
Zaid ibn Thabit from Allaah anhu:
أن رسول الله صلى الله عليه وسلم رخص لصاحب العرية أن يبيعها بخرصها من التمر
"That the Prophet sallallaahu 'alaihi wa sallam ariyah give relief to the owner (owner of the palm tree) to sell wet dates by estimating (measuring) with tamr (dried dates)." [14]
The Prophet sallallaahu 'alaihi wa sallam is prohibited to sell ruthab with tamr lanaran ruthab when dry will decrease the proportion, as much as mention of Sa'id ibn Abi Waqqash.
Sa'id ibn Abi Waqqash of Allaah anhu:
أن النبي j سئل عن بيع الرطب بالتمر فقال أينقص الرطب إذا يبس? قالوا: نعم فنهى عن ذلك.
"That the Prophet sallallaahu 'alaihi wa sallam was asked about selling ruthab with tamr, then he said,' Would not ruthab will shrink when dry? 'They said,' Yes. 'So he forbade it." [15].Also may not sell items with a similar usury, while the joint second with one or another kind.
Of Fadhalah bin 'Ubaid a'nhu Allaah, he said, "I bought the necklace on the day of Khaibar for twelve dinars, on the necklace of gold and pearls there. Then I removed the pearls.Suddenly I found him more than twelve dinars. Then I tell it to the Prophet sallallaahu 'alaihi wa sallam, he said:
لا تباع حتى تفصل.
'Do you sell so you separate them (gold with a pearl).' "[16]
[Copied from the book of Al-Sunnah wal Wajiiz fii Fiqhis Kitaabil Aziiz, author Azhim bin Abdul al-Khalafi Badawai, Indonesia Guide Fiqh Complete Edition, Translation Team Tashfiyah LIPIA - Jakarta, Ibn Kathir Reader Publishers, Printed in Ramadan 1428 - September 2007M]_______
Muzara'ah
BySheikh Abdullah bin Abdul al-Azhim Khalafi
Definition muzara'ahAl-muzara'ah the language is muamalah on the ground with the (exchange) part of what resulted from it.
While the definition here is to give land to people who will work on it in return he acquire half of the result or the like.
Pensyaria'atan muzara'ahFrom Nafi 'that' Abdullah bin 'Umar told him anhuma:
عامل أهل خيبر بشطر ما يخرج منها من ثمر أو زرع.
"That the Prophet sallallaahu 'alaihi wa sallam told the people of Khaibar to the land in Khaibar and they get half of his produce such as fruit or agricultural products." [1]
Imam al-Bukhari said: [2], Qais ibn Muslim from Abu Ja'far has said, he said, there are no residents in Medina Hijrah unless they grow crops to obtain a third or a quarter (of result), then Ali, Sa'ad bin Malik, 'Abdullah bin Mas'ud,' Umar bin 'Abdul' Aziz al-Qasim ibn 'Urwa, Abu Bakr's family, the family' Umar, the family of 'Ali and Ibn Sirin did muzara'ah.
Cost of the Who (Maintenance)?Not why the if the cost of care charged to the owner of land or a told of cultivators or to them both of.
Imam al-Bukhari said: [3], "'Umar bermuamalah with the people (by agreement) when' Umar who brought the seeds he obtained a half (of results) and when they are carrying the seed, then they get so many."
He (al-Bukhari) said, "Said al-Hasan, 'Never mind if the land is owned by one of them, then they spend together. So what is generated is divided between both parties. 'That is the opinion of az-Zuhri. "
The Things That Not Allowed In muzara'ahMuzara'ah not allowed (by appointment) that the plot of this (outcome) for the landowner and the plot is there for the tenants.Similarly, should not be for the landowner to say, "I get it (the land) so and so wasaq."
It was narrated from ibn Qais Hanzalah of Rafi 'bin Khudaij, he said, "Two people told me that my uncle once they've rented land in the time of the Prophet sallallaahu' alaihi wa sallam (with results) from what is grown on top of Arbu'a (ie small streams) or something excluded by the landowner, so the Prophet sallallaahu 'alaihi wa sallam would prohibit that. "I then asked Rafi'," What if (leased) to the dinar or dirham? "Rafi 'said," Nowhy if the dinar or dirham. "
Al-Layth said: "What is forbidden is (if) the people who know about halal and haram to see him, then they will not let him complain because there is an element of fortune." [4]
Also mentioned from Hanzalah he said, "I asked Rafi 'bin Khudaij about leasing land with gold and silver? He replied, "Never mind him, just the people at the time of the Prophet sallallaahu 'alaihi wa sallam rent in exchange for (what grows) on the banks of the river-bank and water resources as well as something of agriculture, then the sides (plot) is destroyed and the other survivors plot, and plots that survived the other plots were destroyed. And people do not rent land except in this way, because that is prohibited. The thing that is clear and assured, it does not matter to him. "[5]
[Copied from the book of Al-Sunnah wal Wajiiz fii Fiqhis Kitaabil Aziiz, author Azhim bin Abdul al-Khalafi Badawai, Indonesia Guide Fiqh Complete Edition, Translation Team Tashfiyah LIPIA - Jakarta, Ibn Kathir Reader Publishers, Printed in Ramadan 1428 - September 2007M]
Musaqah, Ihyaa-ul Mawaat
BySheikh Abdullah bin Abdul al-Azhim Khalafi
Definition MusaqahAl-Musaqah the surrender of certain trees (such as palm-pent.) To the person who will take care (in return) he gets a certain part (again) of fruit, such as a half or something.
Pensyari'atan MusaqahFrom Ibn 'Umar' anhuma:
أن رسول الله صلى الله عليه وسلم عامل أهل خيبر على ما يخرج منها من ثمر أو زرع.
"That the Prophet sallallaahu 'alaihi wa sallam told the people of Khaibar to the land in Khaibar in exchange for half of the plants or fruits are cultivated land." [1]
Abu Hurairah a'nhu of Allaah, he said:
قالت الأنصار للنبي: صلى الله عليه وسلم اقسم بيننا وبين إخواننا النخيل قال لا فقالوا تكفونا المئونة ونشرككم في الثمرة قالوا: سمعنا وأطعنا.
"The Ansar said to the Prophet sallallaahu 'alaihi wa sallam divide the palm trees between us and our friends. He replied, 'No.' Then they said, 'You take care and we share the fruits with you.' So they said, 'We hear and we obey.' "[2]
IHYAA-UL MAWAAT (cultivated the NO OWNER)
Definition Ihyaa-ul MawaatAl-Mawaat with difat-hah-too-light and the kite lands that have not prospered (built). Pemakmurannya likened to the life and menganggurkannya (likened) with the loss of life. And the so-called-ul ihyaa mawaat is someone going to an unknown land that there is someone who has had it, then he brought him to water it, farming, planting and building and thus the land belonged to him. [3]
To him the call of IslamFrom 'A'isha from the Prophet of Allaah anhuma alaihi wa sallam, he said:
من أعمر أرضا ليست لأحد فهو له.
"Those who prosper land that does not belong to anyone, then the land belonged to him." [4]
'Urwa said, "So that was decided by' Umar during khilafahnya."
From Jabir Allaah 'anhu, the Prophet sallallaahu' alaihi wa sallam, he said:
من أحيا أرضا ميتة فهي له.
"Whoever revive a dead land, the land is entitled" [5]
From it, too, of the Prophet sallallaahu 'alaihi wa sallam, he said:
من أحاط حائطا على أرض فهي له.
"Whoever builds a wall on top of a soil (no owner), then it becomes his." [6]
[Copied from the book of Al-Sunnah wal Wajiiz fii Fiqhis Kitaabil Aziiz, author Azhim bin Abdul al-Khalafi Badawai, Indonesia Guide Fiqh Complete Edition, Translation Team Tashfiyah LIPIA - Jakarta, Ibn Kathir Reader Publishers, Printed in Ramadan 1428 - September 2007M]
Ijarah (Lease Rent)
BySheikh Abdullah bin Abdul al-Azhim Khalafi
Definition of IjarahIjara literally means al-itsaabah (remuneration), is said to aajartuhu with mad (length) and without meaning atsabtuhu mad (I mengupahnya).
In terms of the ownership of a person in exchange for benefits.
Pensyari'atan IjarahAllah Ta'ala says:
فإن أرضعن لكم فآتوهن أجورهن
"... And if they (the wives who have divorced) was pregnant, then give them a living up to their birth ..." [Ath-Repudiation: 6]
Allah Ta'ala also says:
قالت إحداهما يا أبت استأجره إن خير من استأجرت القوي الأمين
"One of the two women said: 'O my father, take it as people who work (for us), because actually the best person that you take to work (on us) was a strong and trustworthy." [Al -Qasas: 26]
And Allah also says:
فوجدا فيها جدارا يريد أن ينقض فأقامه قال لو شئت لاتخذت عليه أجرا
"... Then they get in a country that almost collapsed the walls of the house, the walls Khidhr enforce it. Moses said, 'If you want, you would be taking pay for it. "[Al-Kahf: 77]
Of 'Aisha Anhua Allaah (he said),
واستأجر النبي صلى الله عليه وسلم وأبو بكر رجلا من بني الديل ثم من بني عبد بن عدي هاديا خريتا الخريت الماهر بالهداية.
"The Prophet sallallaahu 'alaihi wa sallam along with Abu Bakr rent (hire) a skillful guide who Bani Ad-Dail from the later of Bani' Abd bin 'Adi." [1]
Anything That May Rent?Everything possible to take the benefits with the goods intact, then it is legitimate to rent as long as there is no prohibition that prevents syar'i.
And let the goods required for rent and wages are clearly apparent, as well as long (time) rental and the type of work.
Allah Ta'ala says menghikayatkan friend about Moses that he said:
قال إني أريد أن أنكحك إحدى ابنتي هاتين على أن تأجرني ثماني حجج فإن أتممت عشرا فمن عندك
"Verily, I intend to marry you to one of these my two sons, on condition that thou serve me for eight years and if you complete ten years, it will be (grace) from thee ..." [Al-Qa-shash: 27]
Of Hanzalah bin Qais said, "I asked Rafi 'bin Khudaij about leasing land with gold and silver? He replied, "Never mind him, just the people at the time of the Prophet sallallaahu 'alaihi wa sallam rent in exchange for (what grows) on the banks of the river-bank and water resources as well as something of agriculture, then the sides (plot) is destroyed and the other survivors plot, and plots that survived the other plots were destroyed. And people do not rent land except in this way, because that is prohibited. The thing that is clear and assured, it does not matter to him. "[2]
Wages (Rent) WorkersFrom Ibn 'Umar anhuma, he said, "The Messenger sallallaahu' alaihi wa sallam said:
أعطوا الأجير أجره قبل أن يجف عرقه.
"Give the workers wages before his sweat dries. '" [3]
Sin for one who is not Paying Workers WagesFrom Abu Hurayrah that the Prophet sallallaahu 'alaihi wa sallam, he said, "Allah Ta'ala says.
ثلاثة أنا خصمهم يوم القيامة ومن كنت خصمه خصمته يوم القيامة رجل أعطى بي ثم غدر, ورجل باع حرا فأكل ثمنه, ورجل استأجر أجيرا فاستوفى منه ولم يوفه أجره.
"Three people who I will become his enemy on the Day of Judgment: (1) a person who had promised to me and he betrays, (2) a person who sells a free man and ate his property, and (3) a person who hires workers and then it fulfill its obligations (but) he was not given his reward. '"[4]
The Things That Not allowed to be paidAllah Ta'ala says:
ولا تكرهوا فتياتكم على البغاء إن أردن تحصنا لتبتغوا عرض الحياة الدنيا ومن يكرههن فإن الله من بعد إكراههن غفور رحيم
"... And do not compel your slave girls to prostitution, when they themselves desire chastity, in order to seek worldly gain. And whoever compels them, Allah is Oft-Forgiving, Most Merciful (to them) after they were forced to (it). "[An-Nuur: 33]
Of Jabir (he said) that 'Abdullah bin Ubay bin Salul had a slave woman and a slave named Masikah other named Amimah.'Abdullah leased them to commit adultery, then both the slave complained to the Prophet sallallaahu' alaihi wa sallam would it, then Allah revealed the verse
ولا تكرهوا فتياتكم على البغاء إن أردن تحصنا لتبتغوا عرض الحياة الدنيا ومن يكرههن فإن الله من بعد إكراههن غفور رحيم
"... And do not compel your slave girls to prostitution, when they themselves desire chastity, in order to seek worldly gain. And whoever compels them, Allah is Oft-Forgiving, Most Merciful (to them) after they were forced to (it). "[An-Nuur: 33] [5]
Of Abu Mas'ud al-Ansari of Allaah 'anhu:
أن رسول الله صلى الله عليه وسلم نهى عن ثمن الكلب ومهر البغي وحلوان الكاهن.
"That the Prophet sallallaahu 'alaihi wa sallam forbade taking money (the) dog sales, wages and the wages of prostitution shamanism." [6]
From Ibn 'Umar anhuma, he said:
نهى النبي صلى الله عليه وسلم عن عسب الفحل.
"That the Prophet sallallaahu 'alaihi wa sallam forbade' asbul Fahl (ie take the wages of males renting animals to marry)." [7]
Reading wages al-Qur-anOf 'Abdurrahman ibn al-Ansari Syabl, he said, "I heard the Prophet sallallaahu' alaihi wa sallam said:
اقرءوا القرآن ولا تأكلوا به ولا تستكثروا به ولا تجفوا عنه ولا تغلوا فيه.
"Read the al-Qur-an and let you search for food with him, do you multiply the treasure with him, do not you stay away from him and not you betrayed him. '" [8]
Jabir bin 'Abdillah anhuma Allaah, he said, "The Messenger sallallaahu' alaihi wa sallam came out to meet us when we're reading al-Qur-an and between us there is a Bedouin and the 'Ajam (non Arab), then he said:
اقرءوا فكل حسن وسيجيء أقوام يقيمونه كما يقام القدح يتعجلونه ولا يتأجلونه.
"Read it, (because) everything is fine, and will come to align the people, the al-Qur-an as diluruskannya arrows, they are in a hurry (to get the reward of the world) and did not want to delay (for a reward hereafter). ' "[9]
From Abu Sa'id al-Khudri Allaah 'anhu that he heard the Prophet sallallaahu' alaihi wa sallam said:
تعلموا القرآن وسلوا به الجنة قبل أن يتعلمه قوم يسألون به الدنيا فإن القرآن يتعلمه ثلاثة: رجل يباهي به, ورجل يستأكل به ورجل يقرأه لله.
"Learn al-Qur-an, and ask Heaven to God there were with him before the world learned to look for him, indeed, al-Qur-an was studied by three (types of): (1) someone who is showing off with it, (2 ) someone who is feeding him, and (3) a person who read it because of Allah. "[10]
[Copied from the book of Al-Sunnah wal Wajiiz fii Fiqhis Kitaabil Aziiz, author Azhim bin Abdul al-Khalafi Badawai, Indonesia Guide Fiqh Complete Edition, Translation Team Tashfiyah LIPIA - Jakarta, Ibn Kathir Reader Publishers, Printed in Ramadan 1428 - September 2007M]_______
Shirkah (United)
BySheikh Abdullah bin Abdul al-Azhim Khalafi
Definition ShirkahAsh-Shirkah is al-ikhtilath (mixing / fellowship). In Personality 'is what happens with ikhtiyar between two people or more a mixture of (a partnership) to generate income / profit. And sometimes occur accidentally as a legacy. "[1]
Pensyari'atan ShirkahAllah Ta'ala says:
وإن كثيرا من الخلطاء ليبغي بعضهم على بعض إلا الذين آمنوا وعملوا الصالحات وقليل ما هم
"... And indeed most of the people who organize it, most of them do to some of the other wrongdoers, except those who believe and work righteous deeds, and few are they? ... "[Sad: 24]
And Allah Ta'ala says:
وإن كان رجل يورث كلالة أو امرأة وله أخ أو أخت فلكل واحد منهما السدس فإن كانوا أكثر من ذلك فهم شركاء في الثلث
"... If someone dies, both men and women who did not leave his father and left no children, but had a brother (Seibu only) or a sister (Seibu only), then for each of the two brothers were one-sixth treasure. But when Seibu brothers were more than one, then they were partners in a third of it ... "[An-Nisa ': 12]
Of the as-Sa-ib that he said to the Prophet sallallaahu 'alaihi wa sallam:
كنت شريكي في الجاهلية فكنت خير شريك لا تداريني ولا تماريني.
"You were once allies in the Jahiliyyah, and you are the best of allies, and you have never refused to contradict me." [2]
United Syar'iAl-Imam ash-Syaukani rahimahullah said the as-Sailul Jarraar (III/246, III/248), "United are syar'i occurs in the presence of mutual pleasure between two people or more with the provisions of each of their pay (deposit) number clear from his property, then they look for business and profit with the money.Every one of them gets hit about the size of the property which he submitted, and for every one of their existing financing obligations issued by it are the property of the union. If there is mutual pleasure to share the profits equally, although the number of issued property is different, then it is permissible, even though the property (issued) by one of them a little and others more. And in things like this not why according to Shari'ah, because it is commerce conducted on the basis of mutual pleasure and the relaan heart. "
[Copied from the book of Al-Sunnah wal Wajiiz fii Fiqhis Kitaabil Aziiz, author Azhim bin Abdul al-Khalafi Badawai, Indonesia Guide Fiqh Complete Edition, Translation Team Tashfiyah LIPIA - Jakarta, Ibn Kathir Reader Publishers, Printed in Ramadan 1428 - September 2007M]_______
Mudharabah
BySheikh Abdullah bin Abdul al-Azhim Khalafi
Mudaraba definition [1]Mudaraba is derived from ADH-fil dharbu Ardhi which means Safar (walking on the earth) to trade.
Allah Ta'ala says:
وآخرون يضربون في الأرض يبتغون من فضل الله
"... And those who walk the land, seeking of Allah's bounty ... "[Al-Muzzammil: 20]
And is also called Qiradh taken from the word al-Qardhu which means al-qath'u (cut) because the landlord cut off part of his property to trade and some others of the benefits.
While that is meant here is an agreement between two parties, one of them to pay in cash to the other party so that he traded with him, and the profits divided between them according to what the agreements are two of them.
Pensyari'atan MudharabahIbn al-Mundhir says in his book, al-Ijmaa '(p. 124), "They (the clergy) have berijma' (agreed) will bolehnya Qiradh with dinars and dirhams, and they also berijma 'that for the workers to require the owner of the property ( to obtain) a third or half of the profits or according to what they both agree on it after it became clear part of it. "
And the Companions of the Prophet sallallaahu 'alaihi wa sallam was charitable to him.
Of Zaid bin Aslam from his father that, he said, "'Abdullah and' Ubaidullah, two sons of 'Umar ibn al-Khattab, went out with troops to Iraq. When he returned both through the Abu Musa al-Ash'ari then served as emir of the city Basra, he (Abu Musa) also welcomed the arrival of those two, then said, 'If I could give to you a matter which I will undoubtedly be useful for you will do it. 'Then he (continued) words,' Yes, there are treasures from the treasure of God, I want to send it to the Commander of the Faithful, I will lend it to you so that you can buy merchandise with Iraq and then you sell in Medina, then you tell (back) to the Commander of the Faithful their capital and profits for both of you. 'They said,' We like it. 'Then he did it and wrote a letter to' Umar to take property from them. When both are up, and make a profit. By the time they give it to 'Umar, he (' Umar) said, 'Did he give any credit to what kind of troops lent to you?' They replied, 'No.' Then 'Umar bin al-Khattab said,' (Is because) you two sons of Amir al-Mumineen, so he was loaned to you both?Give the property and profits! 'As' Abdullah, then he was silent, while the 'Ubaidullah he said,' you do not deserve this, O Commander of the Faithful! If the property is diminished or destroyed we are surely bear it. "'Umar said,' Give me his property. '" Abdullah was silent and' Ubaidullah still deny it. Then one of his deputies 'Umar said,' O Commander of the Faithful, (how) if you make it as Qiradh? 'And he answered,' I left it as Qiradh. 'Then' Umar took the capital and half of its profits and 'Abdullah and' Ubaidullah, two sons of 'Umar ibn al-Khattab took half the profits of such property. "[2]
A worker is Amin (Trust)Mudaraba is permissible either in absolute or even bound, and an amil (workers) do not bear the (damage) unless he is careless and menyelisihi (agreement).
Ibn al-Mundhir said, "They (scholars) agree that if the owner sells the property to prohibit workers manner nasi'ah (tempo), and then he sold it in a way nasi'ah, then he bear it (replacing it)." [3]
Narrated by Hakim bin Hizam, Friends of the Prophet sallallaahu 'alaihi wa sallam that he gave the terms for a person if he gave the property as a capital for him, "Do not use modalku (my treasure) for items to animate, do not bring it into the sea, and do not take it in the water flowing. If you do one of them, then thou art a bear modalku. "[4]
[Copied from the book of Al-Sunnah wal Wajiiz fii Fiqhis Kitaabil Aziiz, author Azhim bin Abdul al-Khalafi Badawai, Indonesia Guide Fiqh Complete Edition, Translation Team Tashfiyah LIPIA - Jakarta, Ibn Kathir Reader Publishers, Printed in Ramadan 1428 - September 2007M]_______
Salam (Order)
BySheikh Abdullah bin Abdul al-Azhim Khalafi
Regards the definition ofAs-Salam with the two fat-hah with the as-Salaf as well as wazan (sharaf science scales) as well as meaning.
And ultimately the Personality 'is selling goods that have been called nature in the mortgage paid in cash (in advance). [1]
Pensyari'atan RegardsAllah Ta'ala says:
يا أيها الذين آمنوا إذا تداينتم بدين إلى أجل مسمى فاكتبوه
"O ye who believe, if you do not bermuamalah in cash for the specified time, let you write it ..." [Al-Baqarah: 282]
Ibn 'Abbas anhuma Allaah said, "I testify that the Salaf (salam / orders) are guaranteed until the appointed time Allah has made lawful in His Book and has allowed him, then he read ...(Paragraph above). "[2]
Of Ibn 'Abbas also anhuma Allaah, "That the Prophet sallallaahu' alaihi wa sallam came to Medina and at that time the inhabitants of Madinah do salaf contract (salam) on a date within the time limit of two years and three years. Then he said:
من أسلف فليسلف في كيل معلوم ووزن معلوم إلى أجل معلوم.
"Whoever ordered an item, then he should order them in quantities and scales that are known to the limit of time is known." [3]
Hail To do Akad People Who Do not Have the goodsIn regards contract is not required for those who ordered (Al-Musallam ilaih) has ordered goods (al-Musallam FIH).
It was narrated from Muhammad ibn Abi al-Mujalid, he said, "'Abdullah bin Abu Burdah Syadad and sent me to' Abdullah bin Abi Aufa Allaah 'anhu, then they said,' Ask him (ie 'Abdullah bin Abi Aufa), whether the Sahaba The Prophet sallallaahu 'alaihi wa sallam at the time he was doing contract greet hinthah (wheat)? "' Abdullah replied, 'We first perform the contract with the farmers of the population regards Syam on wheat, and oil sya'ir (Zait) in a clear dose up to clear time limits also. 'I asked,' Is the person that he has the goods? 'He replied,' We do not ask it to them. "Then they sent me to 'Abdurrahman bin Abza, and then I asked him and he replied:
كان أصحاب النبي صلى الله عليه وسلم يسلفون على عهد النبي صلى الله عليه وسلم ولم نسألهم, ألهم حرث أم لا.
"Once the Companions of the Prophet sallallaahu 'alaihi wa sallam did greet him at the time and we did not ask them if they have a crop or not." [4]
[Copied from the book of Al-Sunnah wal Wajiiz fii Fiqhis Kitaabil Aziiz, author Azhim bin Abdul al-Khalafi Badawai, Indonesia Guide Fiqh Complete Edition, Translation Team Tashfiyah LIPIA - Jakarta, Ibn Kathir Reader Publishers, Printed in Ramadan 1428 - September 2007M]
Qardh (Loan)
BySheikh Abdullah bin Abdul al-Azhim Khalafi
Fadhilah (Virtue) QardhFrom Abu Hurayrah that the Prophet sallallaahu 'alaihi wa sallam said:
من نفس عن مؤمن كربة من كرب الدنيا, نفس الله عنه كربة من كرب يوم القيامة, ومن يسر على معسر يسر الله عليه في الدنيا والآخرة, والله في عون العبد ما كان العبد في عون أخيه.
"Whoever removes a difficulty of a Muslim world of trouble, hardship, Allah will remove him from trouble, trouble trouble hereafter. And those who provide convenience to people who mu'sir (difficulty paying the debt), Allah will make it easier in the world and the Hereafter. And God has always helped his servant for the servant to help his brother. "[1]
From Ibn Mas'ud anhu that the Prophet of Allaah sallallaahu 'alaihi wa sallam said:
ما من مسلم يقرض مسلما قرضا مرتين إلا كان كصدقتها مرة.
"It is not a Muslim, which makes loans to other Muslims except two times, he was like menyedekahkannya all." [2]
Threats Hardware About DebtOf Tsauban, slave Prophet sallallaahu 'alaihi wa sallam, the Messenger of Allaah' alaihi wa sallam, that he said:
من فارق الروح الجسد وهو بريء من ثلاث دخل الجنة الكبر والغلول والدين.
"Those who died in a state of innocent of three things, then he go to heaven, (that is) arrogant, ghulul (treacherous in the spoils of war) and debt." [3]
From Abu Huraira Allaah anhu, he said, "The Prophet sallallaahu 'alaihi wa sallam said:
نفس المؤمن معلقة بدينه حتى يقضى عنه.
"The soul of a believer until he was hanging with debts to repay. '" [4]
From Ibn 'Umar anhuma, he said, "The Messenger sallallaahu' alaihi wa sallam said.
من مات وعليه دينار أو درهم قضي من حسناته ليس ثم دينار ولا درهم.
"Those who died and had debts of one dinar or a dirham, it will be repaid from his good, (because) there (the Hereafter) no dinar nor dirham. '" [5]
From Abu Qatadah anhu that the Messenger of Allaah sallallaahu 'alaihi wa sallam stood in their midst, and he mentioned to them that the jihad fii sabilillah and faith in God is the ultimate practice. Then someone stood up and said, "O Messenger of Allah, how do you think if I killed fii sabilillah, if my sins are removed (forgiven)?" Then the Prophet sallallaahu 'alaihi wa sallam said to him, "Yes, if you're killed you in the fii sabilillah state of patient and expect a reward, forward and not backward. "Then the Prophet sallallaahu 'alaihi wa sallam said," What question (was)? "He said," How do you think if I killed fii sabilillah, if my sins are removed (forgiven) "Then the Prophet sallallaahu 'alaihi wa sallam said:
نعم, وأنت صابر محتسب مقبل غير مدبر إلا الدين, فإن جبريل عليه السلام قال لي ذلك.
"Yes, if you killed fii sabilillah you in a state of being impatient and expecting reward, forward and not backward, but because the real debt Alaihissallam Gabriel told me about it." [6]
People Who Take Other People's Treasure The purpose of it back or damageFrom Abu Hurayrah from the Prophet of Allaah anhu sallallaahu 'alaihi wa sallam, he said,
من أخذ أموال الناس يريد أداءها أدى الله عنه ومن أخذ يريد إتلافها أتلفه الله.
"Those people who took the property with the intent to restore it, then God will (help) to restore it. And whoever took it with the intention of destroying it, then Allah will spoil it. "[7]
Of Syu'aib bin 'Amr, he said, "It has told us Suhaib al-Khair of the Prophet sallallaahu alayhi wa sallam, he said:
أيما رجل يدين دينا وهو مجمع أن لا يوفيه إياه لقي الله سارقا.
"Anyone who owes a debt to an intention not to return to him, then he will meet Allah as a thief. '" [8]
Command to Pay DebtAllah Ta'ala says:
إن الله يأمركم أن تؤدوا الأمانات إلى أهلها وإذا حكمتم بين الناس أن تحكموا بالعدل إن الله نعما يعظكم به إن الله كان سميعا بصيرا
"Verily Allah will ask you to convey the message to those who deserve it, and (told you) if the judge between men with justice that you specify. Verily Allah gives his best teaching you. Verily Allah is All Hearing, All-Seer. "[An-Nisa ': 58]
Be Good In Paying DebtFrom Abu Huraira Allaah anhu, he said, "Someone has to lend a camel to the Prophet sallallaahu 'alaihi wa sallam, and he came to the Prophet to collect the debt, then the Prophet sallallaahu' alaihi wa sallam said," Give to him. "The friend then seek camels and camel except they do not find a better, then the Prophet said, "Give to him." He said, "You have met my right (hopefully) Allah fulfill you." The Prophet sallallaahu 'alaihi wa sallam said:
إن خياركم أحسنكم قضاء.
"Truly you are the best of the best people in debt." [9]
Jabir bin 'Abdillah anhuma Allaah, he said,
أتيت النبي صلى الله عليه وسلم وهو في المسجد, قال مسعر: أراه قال ضحى, فقال: صل ركعتين, وكان لي عليه دين فقضاني وزادني.
"I came to the Prophet sallallaahu 'alaihi wa sallam was he was in the mosque. -Mis'ar said, 'I think he said at the time the Duha. "- Then he said," Pray two rak'ahs. "And is he owes me, so he paid me and gave me extra.'" [10]
From Isma'il ibn Ibrahim ibn Abi Abdillah bin Rabi'a al-Makhzumi, from his father, from his grandfather, the Prophet sallallaahu 'alaihi wa sallam never borrow thirty or forty thousand to him when the fight Hunain. When he came to him and pay off debt, then the Prophet sallallaahu 'alaihi wa sallam said,
بارك الله لك في أهلك ومالك إنما جزاء السلف الوفاء والحمد.
"May God give you blessings on your family and your possessions, real counter is to lend (to) be paid and to be praised." [11]
Billed Be Good In DebtFrom Ibn 'Umar and' Aishah that the Messenger of Allaah anhum sallallaahu 'alaihi wa sallam said:
من طالب حقا فليطلبه في عفاف واف أو غير واف.
"Those who claim a right, then let him ask with respect, redeemable (paid) or not accomplished." [12]
Giving Tough To People Who Pay the Debt DifficultiesAllah Ta'ala says:
وإن كان ذو عسرة فنظرة إلى ميسرة وأن تصدقوا خير لكم إن كنتم تعلمون
"And if (the person owing it) in a difficulty, grant him time until he repay. And menyedekahkan (some or all of the debt), it is better for you if ye only knew. "[Al-Baqarah: 280]
Of Allaah Hudhayfah anhu, he said, "I heard the Prophet sallallaahu 'alaihi wa sallam said:
مات رجل فقيل له ماكنت تقول? قال: كنت أبايع الناس فأتجوز عن الموسر وأخفف عن المعسر, فغفر له.
'There is someone who died, and said to him,' What in the past you say? 'He replied,' I used to buying and selling with people, I'm being soft (to collect the debt) to those who were given spaciousness, and I give relief to people who have difficulty. "So he is forgiven. '" [13]
From Abul Yasar, Companions of the Prophet sallallaahu 'alaihi wa sallam, he said, "The Messenger sallallaahu' alaihi wa sallam said:
من أحب أن يظله الله في ظله, فلينظر معسرا أو ليضع له.
"Those who want to God in the shade sheltered by him, let him give respite to people who have difficulty or he frees his debt. '" [14]
Delay-Nunda The Ability To Pay Debt Is KezhalimanFrom Abu Huraira Allaah anhu, he said, "The Prophet sallallaahu 'alaihi wa sallam said:
مطل الغني ظلم.
"Mathlul Ghani (rich people who put off debt payments) is kezhaliman. '" [15]
Able to Pay Debt People Who May Jailed If He Reluctant to pay its debtsOf 'Amr ibn al-Syarid of his father, he said, "The Messenger sallallaahu' alaihi wa sallam said.
لي الواجد يحل عرضه وعقوبته.
"Layyu al-Wajid (rich people who procrastinate in paying debts) her dignity and lawful punishment." [16]
Any debt that is interesting benefit is RibaFrom Abu Burdah, he said, "I came to Medina and met with 'Abdullah bin Salam, and he said," Come with me into the house, I'll give you a drink from a glass that the Prophet sallallaahu' alaihi wa sallam drink from it, and you pray mosque that he was praying in it. "Then I went with him. He gave me food and drink sawiq dates, I also pray in the mosque. Then he said to me, "In fact you are in a state usury spread in it and in between the doors of usury is one of your creditor until such time (determined), and if you have the maturity, it comes with a carrying debt and a basket of gifts, then you are afraid of the basket and its contents were. "[17]
[Copied from the book of Al-Sunnah wal Wajiiz fii Fiqhis Kitaabil Aziiz, author Azhim bin Abdul al-Khalafi Badawai, Indonesia Guide Fiqh Complete Edition, Translation Team Tashfiyah LIPIA - Jakarta, Ibn Kathir Reader Publishers, Printed in Ramadan 1428 - September 2007M]_______
Rahn (Pledge)
BySheikh Abdullah bin Abdul al-Azhim Khalafi
Definition RahnRahn is the language of al-ihtibas (detention), taken from their speech, "Rahana syai-a-ash (if it lasts, and remained)." And the word of God among them are:
كل نفس بما كسبت رهينة
"Every self-responsibility for what he has done." [Al-Muddatstsir: 38]
In Personality 'is to make the property as collateral for the debt to be repaid if the borrower absent from it (udzur) from paying the debt. [1]
Pensyari'atan RahnAllah Ta'ala says:
وإن كنتم على سفر ولم تجدوا كاتبا فرهان مقبوضة
"If you are on the way (and not in cash bermuamalah) while you do not obtain a writer, then let no dependents goods held (by the air-accounts)." [Al-Baqarah: 283]
Restrictions (legal) with a time of Safar (journey) in the above paragraph does not apply in general that can not be understood in reverse as an indication of the hadith that shows masyru'nya rahn.
Of 'Aisha Allaah anhuma:
أن النبي صلى الله عليه وسلم اشترى من يهودي طعاما إلى أجل فرهنه درعه.
"That the Prophet sallallaahu 'alaihi wa sallam buy food from a Jew with his mortgage payments due and armor." [2]
(Law) Utilizing the mortgaged goodsShould not be for the recipient pawn (murtahin) to take advantage of the pawned goods (rahn), as has been passed in the matter qardh (accounts receivable): "Every loan that benefit is riba."
Unless the pledge of goods in the form of mounts (horses, donkeys and the like-Desc.) Or something that can be milked (cows, camels, goats and others-Desc.), Then he can ride mounts and milking them if he gives income (by feeding) him.
From Abu Huraira Allaah anhu, he said, "The Prophet sallallaahu 'alaihi wa sallam said:
الظهر يركب بنفقته إذا كان مرهونا ولبن الدريشرب بنفقته إذا كان مرهونا وعلى الذي يركب ويشرب النفقة.
"Backs mortgaged animal may be climbed by a living (pay) and the milk of animals that may be taken with a living mortgaged. For people who drink it up and menafkahinya mandatory. '" [3]
[Copied from the book of Al-Sunnah wal Wajiiz fii Fiqhis Kitaabil Aziiz, author Azhim bin Abdul al-Khalafi Badawai, Indonesia Guide Fiqh Complete Edition, Translation Team Tashfiyah LIPIA - Jakarta, Ibn Kathir Reader Publishers, Printed in Ramadan 1428 - September 2007M]
source: http://almanhaj.or.id/
No comments:
Post a Comment