skills/sistani-guidance/references/books/jme/pages-145-156.md

# Jurisprudence Made Easy

PDF pages 145 to 156. Physical PDF numbering, not inferred printed labels.

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Previous block: [pages 133 to 144](pages-133-144.md).

Next block: [pages 157 to 168](pages-157-168.md).

## PDF PAGE 145

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145
worked part time and earned some money and spent it to
buy clothes or the like. Am I required to pay tax on it?
- If you spent it on things of personal use, no khums shall
be due. If, however, you saved it or part thereof till one
year has passed, khums becomes due on the savings.
* Someone bought a shop with its contents for a particular
premium; he then set aside the khums due on the
purchase price after the lapse of one year. Should he cater
for khums on the amount of appreciation of both the
premium and the goods every year?
- No, it shall be incumbent on him to pay khums on the
extra profit, should he sell the shop and not spend the
returns on buying provisions during the year.
* Do cutlery and chinaware, used as ornamental objects,
warrant exemption from khums?
- If it is widely accepted among one’s peers as such, no
khums tax shall be due as they are considered among
other household effects provided during the year.
* Suppose I had a certain amount of money that is net of
khums. I chose to convert it into another currency. The
value of the latter became two-fold, compared to the
original currency. I further chose to save it beyond the first
year. Do I have to pay khums on it?
- You are not required to pay khums on the excess amount
of appreciation, so long as your intention was to save the
money.
* Some foodstuffs are subsidised by the state, i.e. their
price is cheaper than comparative merchandise sold
privately in the market. If the owner of these subsidised
items did not consume some of them, and the first
anniversary of their purchase came and went, should the
calculation of the khums due on such goods be made
according to the subsidised price or market price?
- Khums should be calculated in line with the market price
at the time of paying khums.
```

## PDF PAGE 146

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146
* A plot of land was lawfully bought, and made use of, by
a person. However, it is registered with the land registry
office in another person’s name. Thus, the latter has the
right of disposal over the land. Should the original buyer
pay the khums due on it now, or postpone payment until
it is officially registered in his name?
- He should pay khums on it now, should the case satisfy
the aforesaid criteria of khums.
* What about the pension received by retired people? Do
they have to set khums aside on receipt thereof or delay
payment of khums until the new tax year?
- Khums should be paid on the surplus amount in the new
tax year.
* Should I set khums aside, to whom shall I give it?
- Khums is two halves . One half is the right of the Awaited
Imam (May Allah hasten his reappearance), to be spent in
the avenues that please him, with the permission of [the
most erudite Marji’, who is fully aware of of avenues of
public interest], or it could be paid to him directly. The
other half should be spent on the poor and the wayfarers
among practising Hashimites; and committed Muslims
among the orphans of the believers.
The Hashimites here mean the descendants, from the
father side, of Hashim, the grandfather of the Noble
Prophet Mohammad (s.a.w.).
It is to be noted, however, that [it is not permissible to give
khums money to one’s own dependants, such as father,
mother, wife, and offspring]; it is not permissible, too, to
give it to him who shall spend it in haraam avenues; [what
is of consequence is that giving such money away should
not lead to aiding the recipient to commit a sin, although
he might not spend it in a haraam act. It is also not
permissible to give khums money to those who forsake
prayer, consume intoxicants, and flagrantly flout religious
injunctions].
```

## PDF PAGE 147

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147
Dialogue on economic activity
If you want to take to trade for a profession, get a clear
picture of your religion.
With these words, my father inaugurated today’s dialogue
and carried on, quoting Imam Ja’far bin Mohammad as-
Sadiq as saying:
Whomsoever wants to make a living out of trading, must
be conversant with matters of religion, so that they can
draw the line between halal and haraam. Whoever
entered into the arena of trade without acquiring an
insight into religious knowledge, could easily fall into the
trap of judicial error (shubuhat).
Many people may experience problems because of being
either unaware of it, or choosing to ignore it; thus,
committing error of judgement.
Since I am still not able to outline the relationship
between fiqh (jurisprudence or religious knowledge) and
trade, I asked my father:
* What is the connection between acquiring religious
knowledge and trade?
- Well, The Lawgiver has catered for the handling of all
aspects of our economic life, guaranteeing equity, the
good utilization, distribution and transfer of wealth
between all sections of society. The ultimate objective of
this is the public good and welfare.
It is, therefore, quite natural that, in order for The
Lawgiver to apply His economic principles, He to devise a
number of parameters to permit or forbid certain
economic activities at times, and make difficult or easy
certain avenues at other times.
The Lawgiver, thus, obligates the mukallaf to earn a living
to maintain himself and his dependants, such as wife,
children, and parents.
In so doing, The Legislator does not leave the door open
```

## PDF PAGE 148

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148
for the bread winner to practise any work he chooses, for
there are many economic activities that are forbidden.
* For example?
- Handling intoxicants is haraam.
Selling dogs, except hunting dogs, is haraam.
Selling pigs is haraam.
Selling the carcasses of animals which have not been
pausfully slaughtered, including their meat and leather, is
haraam.
Dealing with usurped property is haraam.
Selling gambling tools and equipments and instruments of
forbidden amusement, such as violin, is haraam.
Cheating is haraam.
Usury is haraam.
Commercial monopoly is haraam. For example the
monopoly of staple food, and all that which goes into
preparing it - fuel, salt, oil, etc. Hoarding such goods, while
denying the public sale at reasonable prices, in
anticipation of higher prices, is haraam.
Bribing the judiciary to pass right or wrong judgements is
haraam.
Playing in gambling tools, such as chess, dominos,
backgammon, and betting on them is haraam; even
playing chess and backgammon [and the like] without
betting is haraam.
False bidding, i.e. with the aim of enticing others to buy
merchandise at a rigged price, is haraam [even if it was
free from malice].
Dealing with stolen property or buying what has been
procured with gambling money is haraam, etc.
* These are forbidden. Are there any activities that are
makrouh?
- Yes, there are some economic activities that the Lawgiver
deem detestable. Shying away from such activities is not
binding for the mukallaf; it is, therefore, makrouh not
```

## PDF PAGE 149

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149
haraam.
* Could you give me an example?
- Selling real estate (one’s own house) is makrouh, unless
you want to buy another property with the proceeds of
the sold one.
Exchanging (selling) gold for gold or silver for silver,
without a profit is makrouh; doing so for a profit, is
haraam.
Borrowing money from a fledgling wealthy person is
makrouh.
It is makrouh too to take slaughtering animals for a
profession, so is cupping (hijamah), and vending shrouds.
Makrouh still are some dealings and methods pertaining
to commercial activity.
* For example?
- Concealing the imperfections of goods, provided that it
does not lead to deceit. If it does it is haraam.
Swearing (by God) in haggling over a price, even if it is
with good intention and truthfulness. As for false
swearing, it is haraam.
Makrouh, too, is making exorbitant profit.
Asking for a discount, after the sale has been concluded.
It is makrouh to sell goods in a dimly lit place, where
defective goods may go undetected.
Touting for business by the vendor, and fault finding by
the buyer.
* These are some of the activities that are makrouh. Are
there any that are mustahab?
- Yes, there certain dealings that are mustahab. And here
are some examples:
Lending the believer money without interest.
Buying real estate.
Offering money to someone with the aim of setting them
up in business with an agreed profit sharing formula.
There are some dealings and methods that are highly
```

## PDF PAGE 150

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151
praised, such as charging all customers the same price for
goods, and saving preferential prices for the poor. Thus,
the vendor should not discriminate against the customer
who drives a hard bargain.
It is mustabab, too, for the vendor to accept revocation of
the sale of goods (or services), should the buyer change
his mind. Thus, the latter should be refunded.
It is mustahab to accept the shortfall (naqis) and give
away the gain (rajih).
Flexibility in pricing is called for.
It is also mustahab to keep a business facility open.
It is recommended to vigorously seek work and go about
one’s business to earn a living for oneself and dependants.
It is mustahab to be charitable and magnanimous in
selling, and making an effort to seek out good quality
merchandise for selling.
Searching for work, albeit away from home (ightirab) and
getting up early to report for it is mustahab.
Finally, there is a type of business activity that is neither
loved nor hated by the Lawgiver. One is free to pursue or
leave, as is the case of many business activities prevalent
nowadays.
Furthermore, Islam has devised an array of conditions that
should be fulfilled. Some are applicable to the
merchandise itself, and sale agreement; others concern
vendor and buyer.
* What conditions should be present in what is being
sold?
- Many. These are:
1. The knowledge of the quantity, weight, number, area,
etc., as the case may be, of what is being sold.
2. The ability to deliver what has been sold. One cannot
sell fish in the river, i.e. that has not been caught, or a
```

## PDF PAGE 151

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flying bird. It is feasible, though, if the buyer is himself
able to take delivery of that which has been sold, such as a
runaway animal.
3. Knowledge, in general terms, of particular attributes, of
the thing sold, such as colour, taste, good or inferior
quality that may lead to a variation in price.
4. The thing sold should be free from any third party
rights. It is permissible to sell a pawned item without the
permission of the original owner; likewise, it is not
permissible to sell an endowment, unless it is no longer
viable in serving the public interest, or it was becoming
unviable.
5. In certain cases, the thing sold should be the capital
asset itself, i.e. a house, a book, an instrument, not the
benefit/usage thereof.
That said, my father added: Suppose certain commodities
in a given country are only sold by weight, you should not
attempt to sell them differently, say, by piece and so on.
This is so as not to mislead the buyer.
* Could you give me an example?
- If selling apples in a given country is normally done by
weight, you should not attempt to sell them individually.
And if milk is sold by litre in a particular country, you are
not allowed to sell it by weight.
There are, though, conditions that should be present in
the transaction, e.g. you should not attach strings that
were not present at the time of concluding the deal.
To further illustrate this, you are not allowed to make the
sale of your car conditional upon, for example, a baby boy
being born to you and your wife. Rather, an amended sale
contract must be entered into, if the baby boy was born.
* What are the conditions that must be fulfilled by the two
```

## PDF PAGE 152

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parties of the sale contract?
- He who embarks on doing business must be adult, sane,
of a legal age, intent on selling, having free will and not
coerced, having discretion over what he is selling,
whether he may be the owner himself , his deputy, or his
guardian.
* What if the owner of a property or any thing else was
forced to sell the same?
- The sale is not in order, if it was precipitated by fear of
the consequences of refusal to sell, such as fearing for
one’s life or wellbeing or that of his dependants or
relatives.
* Sometimes one find himself forced, through
circumstance, to move house, thus entailing selling some
of his property and/or his other possessions.
- This type of sale is sound.
* If the person who is initiating the sale is not the owner
or anyone else legally appointed by him, such as a relative,
a friend, or a neighbour, would the transaction still be
valid?
- It is not valid, unless permission is granted by the owner
or his legally appointed attorney.
* What about usurped property that had been sold and
the owner gave his consent afterwards?
- The sale should be legally valid.
* And what about the property of the minor, should he be
interested in selling what is lawfully his?
- The sale of small unimportant items, that such a minor
person is used to dealing with, is correct. The sale of other
things, he initiates independently, is not sound.
* Who is allowed to sell the property of a minor?
- His guardian, be it his father, paternal grandfather, legal
guardian appointed by either, and the Marji’, if the
aforesaid are no longer alive. The father of the minor can,
therefore, sell the property of his son or daughter,
```

## PDF PAGE 153

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provided that no malice was intended. The Marji’ can act
likewise, if he sees that the minor’s interest is served.
* Is it all right for the minor to act as a proxy of his
guardian in selling his own property?
- Yes, he has the right.
* If any sale transaction, that satisfies all the conditions
discussed, was entered into, can either party change their
mind?
- The sale contract can be cancelled in a number of cases:
1. If the buyer and seller were still at the scene where the
transaction took place or they were together on the road,
either of them may opt out; otherwise the sale cannot be
revoked.
2. If either party of the sale transaction was swindled, they
can abrogate the sale. For example, if the seller,
unwittingly, sold the goods for much less than the market
price, he has the right to retract the sale. By the same
token, the buyer could repeal the purchase and get his
money back, if he found out that he paid an exorbitant
price for it.
3. Should the buyer find out that the goods he has
purchased do not fit the description and the specifications
the seller has claimed were present, or they do not tally
with what he had already seen by way of specimen or
otherwise, he has the right to return the goods and get a
refund.
4. If both parties to the sale contract stipulate that either
can cancel the deal within a prescribed period of time,
they can cancel it within that time limit.
5. If any party to the sale transaction pledged to act in an
```

## PDF PAGE 154

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agreed way and later reneged, or if the buyer requested
certain properties to be present in the goods, that he
found lacking when taking delivery of the goods, he has
the right to repeal the sale contract.
6. Should the buyer discover that the goods he had
bought were faulty or imperfect, he has the right to return
the goods and get a refund.
7. If the buyer finds out that the goods he has taken
delivery of do not belong to the person he bought them
from, but to another person, who does not agree to them
being sold, he has the right to return the goods and
consider the transaction null and void.
8. If the seller was not able to deliver the goods to the
buyer in time, the latter can cancel the deal and deem it
null.
9. If the sale entails that the thing exchanged is an animal,
the buyer has the right to return it to the seller within
three days and get a refund. And should the price be an
animal, the seller has the right to return the animal within
three days of the date of the transaction and get his goods
back.
10. If the vendor talks up his goods, to more than their
real worth, in order to impress the buyer to buy them, the
latter has the right to return the goods and get a refund,
should it appear that the vendor was not honest.
11. If a sale transaction is entered into, pending receipt of
the price of the goods and this was not forthcoming
within three days of the agreement, the vendor has the
right to cancel the sale. This is so when the vendor gives
```

## PDF PAGE 155

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155
the buyer time to come up with the money without
specifying the period. If, however, no time was granted,
he has the right to cancel the sale.
Should the time of delay be put at any period beyond
three days, he should fulfil his promise until the lapse of
the appointed period of time.
* Is the deal legally sound if the two parties to the sale
agree on paying for the goods by credit?
- The transaction is in order. However, the period during
which the price of the goods should be settled must be
fixed by mutual agreement. It should also not be subject
to alteration either by extension or shortening. It should
not be ambiguous. The agreement shall be deemed
unsound if, for instance, it was stipulated that the value of
the goods be settled at the time of harvest, in that there is
no specific time for the harvest.
* What if, at the appointed time of settling the debt, both
parties agreed to put it off for a further specified time, but
at a premium?
- This is not permissible, because it is considered to be
usury and haraam. Allah, the Most High has said in His
Holy Book, “.. and Allah has allowed trading and
forbidden usury..” (2/275)
* Sometimes the vendor and the buyer agree to barter,
say, a hundred and twenty kg. of wheat for a hundred kg.
of the same produce. Is such a deal in order?
- This is a type of usury that is haraam.
* What if the parties strike a deal that involves bartering
an equivalent weight of wheat plus, say, fifty Dinars?
- This also is a type of usury which is, as you now know,
haraam, unless something, of value, is added to
compensate for the wheat. That is to say, the new
addition would be deemed a price for the wheat on the
one hand, and the fifty dinars for the wheat on the other
hand. Only then, can you consider such a transaction
```

## PDF PAGE 156

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sound.
* How should I know that such a transaction is a usury
one so that I can avoid dabbling in it?
- In a business deal, two things should be present to
render the transaction a usury one:
1. The goods bought and sold should be of the kind that is
weighed or measured (for capacity), such as wheat,
barley, rice, lentils, fruit, gold, and silver.
2. The two items should be of the same kind.
* Should the deal concluded be on credit, would it still be
considered a usury one, taking into account the two
conditions in question?
* [No, such a deal could be deemed a usury one, even if
the two conditions were not present, i.e. in two other
instances:
a. The two items exchanged should be of the kind that is
weighed or measured, but not of the same kind, such as
exchanging one hundred kg. of rice for a hundred kg. of
wheat with a deferred payment, say, for a month.
b. The two types of produce could not be of the kind that
is weighed or measured, but of the same category, and
that the excess is in kind, such as exchanging ten walnuts
for fifteen for a month delay in payment].
* Am I right in assuming: a) if the merchandise is of the
kind that is sold by piece, not by weight or measure, such
as eggs, or b) if it is exchanged by area, such as fabrics,
which is usually sold by metre, it is permissible to sell for
more, provided that the deal was for prompt payment of
cash?
- Yes, the sale can be done for an extra number of units,
such as exchanging thirty metres of cloth for forty for
cash, and thirty eggs for forty.
* What about gold?
```