Islamic rulings on trade
Mufti Abu Muhammad Ali Asghar Attari Madani
Sewing clothes without payment
Q: What do the honourable scholars say in this regard: I sew clothes for a payment. A relative of mine came to me to have some clothes sewn, but I did not intend to take any money from him. He also did not mention any payment. When he came to take the clothes, he took them and paid me. Is it correct to take this money, even though a price was not fixed beforehand?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: Usually, the rates charged by tailors are known publicly, and both parties know the prices when they declare business. In this scenario, even though the price was not stipulated, the contract will be correct, and the price will be that which is commonly known. Therefore, if this is the case, you can take a specific amount of money.
If the prices vary and are unknown to the public, like the varying rates for different designs, then the ruling is different. The prices for this are not specified beforehand. Instead, both parties must come to an agreement in ascertaining and setting a price. In this case, if the price is not specified at the point of agreeing to the transaction, the contract will be invalid. It will be necessary to end the contract and form a new one. If one did not nullify the contract and continued by sewing the clothes, both parties will be sinful, and it is necessary for them to repent. However, you are entitled to take a payment that is suitable for your work. Therefore, if you took that payment, it is permissible for you, but you are not permitted to take more than what you usually charge. Taking a similar wage means that you can only charge what is typically charged for that type of work.
Imam Ahmad Raza Khan رَحْمَةُ الـلّٰـهِ عَـلَيْـه states: “The unspecified wage for a permissible matter is void, and due to ignorance, any contract pertaining to it is forbidden.”[1]
He further writes: “Even in the case of an invalid wage and missing out on profit, paying a similar wage is necessary”.[2]
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
How is it to buy and sell sample medicine?
Q: What do the honourable scholars say in this regard; Sample medicine doctors receive is sold to those running medical stores. How is it for these medical stores to buy this medicine, even though the medicine has a label saying it is not for sale?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: Gifting (Hibah) is a transaction involving donating or gifting, and the one who receives the gift becomes the owner of the product. In the situation of the questioner, if the company has gifted this medicine to the doctors, the doctors now have these items. They can use the medicine, give it to patients or sell it on; they can do whatever they wish. As for the not-for-sale label, if the company has made the doctor the owner of the products by selling them themselves, it is permissible for the doctors to sell it on, despite the label.
However, there are some ethical issues involved. Ethical matters are related to the customs and practices of society. Thus, if people consider this selling to be bad, it is better to avoid doing so. This entire answer is based on the assumption that the company has gifted the medicine to the doctors. However, if the doctor is authorised to only distribute the medicine, and the company does not make him the owner, it is impermissible for the doctor to sell it.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
How is it to swear a true or false oath in business?
Q: What do the honourable scholars say in this regard; How is it to swear a truthful or false oath in business?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: Swearing a false oath is forbidden, regardless of whether it is during business or not. However, paying expiation is not necessary. Imam Ahmad Raza Khan رَحْمَةُ الـلّٰـهِ عَـلَيْـه writes: “There is no atonement for intentionally swearing a false oath regarding a matter of the past. The punishment is that he will be made to dive into the boiling rivers of Hell.”[3]
Mufti Amjad Ali A’zami رَحْمَةُ الـلّٰـهِ عَـلَيْـه writes: “Taking a false oath intentionally, for example, swearing a false oath that so-and-so arrived whilst knowing that he did not. This oath is called ghamūs. There is no expiation for this, but it is a great sin and repentance is obligatory upon him.”[4]
Swearing a truthful oath is not a sin, but it is not preferable to constantly take an oath. Several narrations explain how it is disallowed to swear abundant oaths in matters of business as it removes blessings [of the transaction]. A blessed hadith mentions:
عَنْ أَبِی قَتَادَةَ الأَنْصَارِيِّ،أَنَّهُ سَمِعَ رَسُولَ اللهِ صَلَى الـلّٰـهُ عَلَيهِ وَسَلم، يَقُولُ: إِيَّاكُمْ وَكَثْرَةَ الْحَلفِ فِی الْبَيْعِ، فَإِنَّهُ يُنَفِّقُ ثُمَّ يَمْحَقُ
“Sayyidunā Abū Qatāda رَضِىَ الـلّٰـهُ عَـنْهُ reports that he heard the Prophet صَلَّى الـلّٰـهُ عَلَيْهِ وَاٰلِهٖ وَسَلَّم say, ‘Avoid swearing abundant oaths whilst transacting business, for it produces a ready sale but blots out the blessings.’”[5]
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
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