Not infrequently, we find there are people who buy goods in a shop is not cash, then the buyer said, "Mom, I'll pay when it's payday or the later date fits the young." Means that there is no definite date of payment of goods purchased.
Allow the sale and purchase is not cash in a way like the above?The following brief article will explore this.
Such as with the above case is a case that I have encountered the past few weeks. At that time, there is one who contacted me via telephone. He told him to do transactions. He is a producer of bread with a large enough scale. Often, existing customers took bread, saying, "The money will be yes," without any clarity of the date of payment.
Legal for sale and purchase transactions above we encounter in the following hadith,
عن عبد الله بن عمر - رضى الله عنهما - أن رسول الله - صلى الله عليه وسلم - نهى عن بيع حبل الحبلة, وكان بيعا يتبايعه أهل الجاهلية, كان الرجل يبتاع الجزور إلى أن تنتج الناقة, ثم تنتج التى فى بطنها
From Abdullah ibn Umar radhiallahu 'anhuma, that in fact Prophet sallallaahu' alaihi wa sallam forbade the sale and purchase so-called "habalul habalah". That is the kind of bargain which dilakoni society of ignorance. "Habalul habalah" is the sale and purchase transactions that form is: one who buys goods such as camels are not cash. Overdue payment is when the grandson of a camel which is owned by the seller of birth. (Narrated by Bukhari, no. 2143 and Muslim, no. 3883)
The notion of "habalul habalah", as above, is the notion of "habalul habalah" presented by Ibn Umar as the Companions who brought the hadith. Thus, in this case Be norms laid down by Imam Shafi'i, namely, "Explanation of Companions who narrated a hadith about the meaning of the hadith which brought it take precedence over any other explanation, as long as those explanations are not hadith menyelisihi textual meaning, because the companions that bring the hadiths It is more to know the meaning of the hadith that he brought. "(Ibn Mulaqqin Ash-Shafi'i, Al-Iflam bi al-Ahkam Fawaid Umdah, juz 7, pp. 76, published by Dar Al-'Ashimah, Riyadh, first printing, 1421 H)
This is one form of trading that popular in the community in times of ignorance, then canceled by Islam. This is prohibited because it causes the occurrence of disputes and disputes between sellers and buyers.
Based on the notion of transactions "habalul habalah", it can be said that the above hadith is the principal argument of banning the sale and purchase transactions are not cash and due payment is uncertain. Examples are sale and purchase by public servants, with a maturity date "if the government was withdrawing the salaries of the employees." In fact, the date of disbursement of salary that is not certain; get ahead, it could retreat. Of course, if the date of disbursement of salary that can be ascertained, this transaction is allowed. (Ibn Mulaqqin Ash-Shafi'i, Al-Iflam bi Fawaid 'Umdah Al-Ahkam, juz 7, pp. 78, published by Dar Al-'Ashimah, Riyadh, first printing, 1421 H)
Buthain Aba Sheikh Abdullah said, "While the definition of sale and purchase of 'habalul habalah' it has two explanations. The first: the first of ignorance, often times, if you buy a camel or other merchandise that is not in cash, determined that the payment due date is the birth of a grandson of the female camel. On this basis, buying and selling habalul habalah prohibited, due to a lack of clarity regarding the payment due time. "(Ad-As-Saniyyah Durar fi Al-Ajwibah An-Najdiyyah, juz 6, pp. 8-9)
Sheikh Abdullah Al-Bassam said, "The sale and purchase transaction 'habalul habalah' banned because it is not clear due payment. In fact, the long and short maturity payment that greatly affect the selling price of items purchased. "(Taisir 'Allam, juz 2, pp. 143, published by Dar es Salam, Riyadh, first printing, 1414 H)
Thus, the vagueness of payment in the sale and purchase transactions are not cash is something forbidden. As with the transaction debts. "Allowed to set the transaction maturing debts.If, however, without a fixed maturity then it is even better, because it relieve the burden of those who owe. "(Explanation of Shaykh Abu Bakr Jabir Al-Jazairi of Minhaj al-Muslim, pp. 336)
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