The book of trade (from al-Yaqut al-Nafis)

بسم الله الرحمن الرحيم

The Book of Trade

based upon Sayyid Ahmad al-Shatiri's

al-Yaqut al-Nafis


Chapter 1
Sale (Bay')


Bay' lexically means to transact something for something else.

Bay' legally refers to an agreement consisting of a financial recompense permanently granting ownership of a particular item or something that can be utilized.


1.1
The Integrals of Bay'

The integrals of Bay' are three;

1.The buyer and seller
2.The price and the article purchased
3.The spoken form, which consists of the spoken offer and acceptance


1.2
The conditions of the buyer and seller

The conditions of the buyer and seller are four;

1.That he have an unrestriced right of disposal over his own property
2.That he not be unjustly coerced
3.If a Mushaf, Muslim slave or apostate who has not been emancipated is being transacted, it is necessary that the buyer is Muslim.
4.If weaponry is being sold, it is necessary that the buyer not be among those at war with the Muslims.


1.3
The conditions of the price and article purchased


The conditions of the price and article purchased are five;

1.That it be pure or is capable of being purified by washing
2.That it be useful
3.That it be deliverable
4.That it be the property of the seller
5.That it be known to both buyer and seller as to which particular item it is, how much it is and of what type.


1.4
The conditions of the spoken form

The conditions of the spoken form are thirteen;

1.That conversation extraneous to the agreement not intervene between the offer and acceptance.
2.That there not be a long interval between the offer and acceptance.
3.That both offer and acceptance correspond in meaning.
4.That neither offer nor acceptance is made conditional.
5.That the sale not be subject to time stipulation.
6.That nothing from the first part of the spoken form changes before the second, be it the offer or acceptance.
7.That it be said loud enough to be heard by someone in close proximity.
8.That they have full right to transact until the transaction is complete.
9.That it be through the use of a 2nd person pronoun.
10.That the respective parties conclude their spoken forms themselves.
11.That the initiator, be it the buyer or seller, mentions the price.
12.That the word “sale” is annexed to the form.
13.That the word is intended for it's meaning.


1.5
An example of Bay'

When Zayd says to 'Amr, “I sell you this house for 1,000 Dinars ,” and 'Amr says, “I accept”.



Chapter 2
Usurious gain (Riba)

Riba lexically means increment.

Riba legally refers to an agreement for a specific recompense whose equivalence to the merchandise is unknown according to the standards of law at the time of the transaction or in which the exchange of the two parties is delayed or one of them is delayed.



2.1
The ruling of Riba and when does it exist

Riba is considered unlawful and only exists in the exchange of gold and silver and human foodstuffs. Similarly, Riba is unlawful whenever any of the preconditions determining it's validity are un met.


2.2
The validity of exchanging gold, silver and foodstuffs for their like


In addition to the conditions of Bay', three more conditions exist in order for the exchange of gold for gold, silver for silver and foodstuff of the same type to be valid;

1.Immediacy
2.That the properties transacted be in the respective possession of the buyer and seller before parting company.
3.Exact equivalency in the amount



2.3
The validity of exchanging gold for silver, silver for gold and foodstuff of a different sort


The conditions for the validity of exchanging gold for silver, silver for gold and foodstuff of a different sort are two;

1.Immediacy
2.That the properties transacted be in the respective possession of the buyer and seller before parting company.



2.4
Examples of Riba

1.When Zayd says to 'Amr, “ I sell you this ring for twice it's weight in gold,” and 'Amr says, “I accept”.
2.When Zayd says to 'Amr, “ I sell you this freight of wheat for two freights of sorghum postponed till next month,” and 'Amr says, “I accept”.
3.When Zayd says to 'Amr, “ I sell you this freight of wheat for that freight of wheat,” and 'Amr says “I accept”, but they part ways before the properties are in their possession.



Chapter 3
Buying in advance (Salam)

Salam lexically means precipitance or to do something before it's appointed time.

Salam legally refers to the sale of described merchandise which under the seller's obligation and is enacted with the expression of Salam or Salaf.




3.1
The integrals of Salam


The integrals of Salam are five;

1.The buyer
2.The seller
3.The merchandise bought in advance
4.The price which the buyer pays in advance to the seller
5.The spoken form


3.2
The conditions for the validity of Salam


In addition to the conditions of Bay', six more conditions must be met in order for Salam to be valid;

1.That the price be put up
2.That the price of the merchandise is handed over when the agreement is made.
3.That the location to which the merchandise is to be delivered be clearly stipulated in instances where the buyer advances the price where it cannot be delivered or when the merchandise is deferred and transporting it to a certain location involves considerable difficulty.
4.That the seller is able to deliver the merchandise when the time comes.
5.That both buyer and seller and at least two upright people know the characteristics of the merchandise over which they may be at cross purposes by delineating it with clear specifications.
6.That the characteristics of the merchandise be described in a language known to both buyer and seller and at least two upright persons when the agreement is made.







3.3
An example of Salam


When Zayd says to 'Amr, “ I advance you 100 Dinars for a five year old slave who is five hand span tall, to be delivered at the beginning of such and such month at such and such place,” and 'Amr says, “Iaccept”.


Chapter 4
Putting up collateral (Rahn)

Rahn lexically means constancy

Rahn legally refers to putting up a piece of saleable property as security for a financial obligation to cover the amount should it prove impossible to pay.


4.1
The integrals of Rahn


The integrals of Rahn are four;

1.The collateral
2.The debt
3.The two transacting parties, I.e the person putting up the collateral and the person receiving it.
4.The spoken form


4.2
The conditions of collateral

The conditions of the collateral are two;

1.That it be a particular article
2.That the article is permissible to sell.

4.3
The conditions of debt

The conditions of the debt are four;

1.That it be a debt
2.That it be know to both parties as to how much it is and of what kind.
3.That is exist
4.That it be irrevocable or will eventually result in irrevocability on it's own.


4.4
The conditions of the transacting parties

The conditions of the transacting parties are two;

1.That they act willingly
2.That they have full right of disposal over their property


4.5
The conditions of the spoken form

The conditions of the spoken form of Rahn are the same as the conditions of the spoken form of Bay'.


4.6
An example of Rahn

When 'Amr has a 1,000 Dinar binding debt with Zayd and 'Amr says to Zayd, “ I put up my home as collateral for the 1,000 Dinars that I owe you, “ and Zayd says, “I accept”.







Chapter 5
Personal loans (Qardh)

Qardh lexically means to cutt off.

Qardh legally refers to loaning something to someone on the basis that he will return it's equal.


5.1
The integrals of Qardh

The integrals of Qardh are four;

1.The lender
2.The recipient
3.The loan
4.The spoken form


5.2
The conditions of the lender

The conditions of the lender are two;

1.That he act willingly
2.That he have full right of disposal over what he is lending.


5.3
The conditions of the recipient

The conditions of the recipient are two;

1.That he act willingly
2.That he have full right to transact



5.4
The condition of the loan

The condition of the loan is one;

1.That the loan be an article that may be bought in advance.


5.5
The conditions of the spoken form

The conditions of the spoken form of Qardh are the same as the conditions of the spoken form of Bay'.


5.6
An example of the spoken form

When Zayd says to 'Amr, “I loan you this Dinar,” and 'Amr says, “I accept”.




Chapter 6
Suspension from dealings (Hajr)


Hajr lexically means restriction.

Hajr legally refers to suspending certain individuals from specific transactions for a particular reason.


6.1
Types of suspension

Suspension is of two types;

1.That which has been established in the sacred law in interest of the suspended person, such as the suspension of wealth on the fool hardy person. A fool hardy person is that individual who is incapable of handling his own wealth.

2.That which has been established in the sacred law for the interests of others, such as the suspension of objects of material value on the bankrupt. A bankrupt person is that individual whose current binding debt to another person exceeds his own wealth.


6.2
An example of suspending the fool hardy

When 'Amr squanders his wealth after being financially competent and the judge says, “ I suspend 'Amr from transacting in his wealth”.


6.3
An example of suspending the bankrupt

When 'Amr owes Zayd 1,000 dinars, both current and binding and is in excess of 'Amr's wealth, and Zayd or 'Amr or both of them request from the judge that 'Amr be suspended from transacting and the judge says, “ I suspend 'Amr from transacting in his objects of material value”.


Chapter 7
Settlement (Sulh)


Sulh lexically means to severe a dispute.

Sulh legally refers to the contract by which the dispute is settled.


7.1
Types of Sulh

Sulh is of two types;

1.Settlement over a price reduction.
2.Settlement over a financial recompense.

The first type of Sulh refers to settlement from the plaintiff over some part of an article or debt, while the second type refers to settlement over an article, debt or something else.


7.2
The conditions for the validity of Sulh

The conditions for the validity of Sulh are two;

1.That it be preceeded by a dispute.
2.The confession of the oppossing party.


7.3
An example of Sulh

When Zayd charges 'Amr for a house or twenty dinars which is under his obligation and 'Amr denies it, thereafter 'Amr confesses and Zayd says to him, “ I settle with you for half of the this house or for this garment, or for ten dinars or for this garment”, and 'Amr says, “I accept”.


Chapter 8
Transferring a right to collect a debt (Hawalah)




To be continued Insha Allah....

Sayyid 'Alawi al-Saqqaf's discussion on shaving the beard

The Sayyid of Makkah, 'Allamah 'Alawi al-Saqqaf,comments upon Imam Zain al-Din al-Mallibari's saying," ويحرم حلق لحية" by mentioning that this view (namely that it is unlawful to shave the Lihyah)is related by the great Imam Ibn Rif'ah in his Kifayah(which is a commentary upon al-Shirazi's Tanbih)from al-Umm. al-Zarkashi mentions that this position was also related from al-Halimi and his teacher al-Qaffal al-Shashi, furthermore, al-Adhra'i mentioned that the correct view is that it is generally unlawful to shave the lihyah. Likewise, Imam Ibn Hajar mentions this position directly after narrating the view of dislikedness from the Imams al-Rafi'i and al-Nawawi in al-Iy'ab.

Now if we stop to examine this passage of al-Saqqaf's Tarshih al-Mustafidin Hashiyah Fath al-Mu'in, it is evident that some major Fuqaha of the Shafi'i school, not the mention the founder himself !, held that it is unlawful to shave the lihyah. Despite the fact that this is not the relied upon position, it should be noted that scholars after al-Rafi'i and al-Nawawi, such as Ibn Hajar according to his report in al-Iy'ab, still disputed the issue. As for the source of al-Mallibari's view, it is a known fact that al-Mallibari was a direct student of Ibn Hajar so it is possible that he relied upon what his teacher mentioned in al-Iy'ab. In fact, al-Mallibari says in the beginning of his Fath al-Mu'in,

" and this is a commentary based upon the relied upon works of our teacher, Khatam al-Muhaqqiqin, Shihab al-Din Ahmad bin Hajar al-Haitami and the remaining Mujtahids such as Wajih al-Din 'Abd al-Rahman bin Ziyad, the Sheikh of our teachers, Sheikh al-Islam Zakariyya al-Ansari and Imam Ahmad al-Muzajjad al-Zabidi...." (Tarshih al-Mustafidin, pg.9,204)

And Allah Ta'Ala knows best

Sheikh Mahfudh al-Tirmisi

MAHFUZ b. `ABD ALLAH AL-TARMASI
(K.H. Mahfudz Tremas, d. 1338/1920)


[Dictionnaire biographique des savants et grandes figures du monde musulman périphérique, du XIXe siècle à nos jours, Fasc. no 1. Paris: CNRS-EHESS, 1992, p. 30-31]




Mahfudz of Tremas was the most respected Javanese `alim of his generation. Born in Tremas (Pacitan district, East Java), he spent the better part of his life in Mecca, where the most influential Javanese kyai of the early twentieth century became his students. He takes the credit for widening the range of works studied in the Javanese pesantren to include the canonical hadith collections and usul al-fiqh, topics not previously studied there.
Mahfudz' paternal grandfather, `Abd al-Mannan Dipomenggolo, founded in 1830 the pesantren of Tremas, the oldest presently existing. He had studied in the famous pesantren of Tegalsari under its illustrious kyai, Kasan Besari (Hasan Basri), where one of his fellow students was the Surakarta court poet-philosopher Ronggowarsito. Later he visited the Middle East and studied with Sayyid Muhammad al-Shatta' in Mecca and with the shaykh al-Azhar, Ibrahim Bajuri (d. 1277/ 1860-1). After `Abd al-Mannan's death (1862), his son `Abd Allah succeeded him as the kyai of the pesantren Tremas.
Mahfudz was `Abdallah's eldest son. He received his first religious education from his father, studying the works that his grandfather had been licensed to teach by his Arab teachers. At a young age, he was sent to Mecca to continue his studies with the prominent Shafi`i scholar there, Sayyid Bakri (Abu Bakr b. Muhammad al-Shatta' ad-Dimyati, the son of his grandfather's Meccan teacher). All his life he remained close to the learned Shatta' family (originating from Dimyat in Egypt), into which he was virtually adopted; he was buried in the Shatta' family graveyard. He also studied with Sayyid Bakri's colleague and rival, Muhammad Sa`id Ba-Basil (who succeeded Ahmad b. Zayni Dahlan as Mecca's Shafi`i mufti) and various Indonesian `ulama resident in Mecca: Nawawi Banten (Nawawi b. `Umar al-Jawi al-Bantani), `Abd al-Ghani al-Bimawi and Muhammad Zayn ad-Din al-Sumbawi, all of whom taught in the Masjid al-Haram.
Mahfudz did not return to Java, preferring to remain in Mecca, where he was becoming a very prominent teacher. When his father died in 1894, it was a younger brother, Dimyati, who became the kyai at Tremas. Ironically, the fame of Tremas seems to be in large measure due to Mahfudz, although he never taught there. In Mecca, he had among his students Hasyim Asy'ari, Bisri Syansuri and Wahab Chasbullah (`Abd al-Wahhab Hasb Allah), who later, in 1926, were to found the Nahdlatul Ulama (Nahdat al-`ulama), Indonesia's major traditionalist Muslim organisation. These men are his best-known of his students, renowned because of their political activities. Besides them, he educated numerous others, including some who became influential teachers in their own right, such as `Ali al-Banjari (a Meccan resident of South Borneo origins), Muhammad Baqir al-Jugjawi (of Yogyakarta, but resident in Mecca), Muhammad Ma`sum al-Lasami (the founder of the pesantren of Lasem in northern Central Java), `Abd al-Muhit of Panji Sidarjo (another important pesantren, near Surabaya).
Many of Mahfudz' students founded pesantren upon their return to Java, which contributed to his lasting impact on the pesantren world. If in the twentieth century the pesantren curriculum is more varied than previously, this is in no small measure due to Mahfudz' influence. Hasyim Asy'ari, one of Mahfudz' favourite disciples, established after his return to East Java the pesantren Tebuireng near Jombang and became the first kyai to teach Bukhari's canonical hadith collection, an innovation in the pesantren curriculum, due to Mahfudz, that gradually spread. Other Javanese kyai became through him acquainted with such usul al-fiqh works, also previously unknown, as Subki's Jam` al-jawami` and Ibn Haja's Sharh Mukhtasar.
Mahfudz was also a prolific writer, the author of books on various Islamic sciences (all of them in Arabic). The one book still regularly reprinted and used in the pesantren is his Minhaj dhawi al-nazar, one of the more advanced works on Arabic syntax (a commentary on Bayquni's work). His most celebrated work, however, is the four-volume Shafi`i fiqh text Mawhiba dhi al-fadl, a commentary on `Abd Allah Ba-Fadl's Al-muqaddima al-hadramiyya that probably is the major Indonesian contribution to fiqh literature. The Mawhiba is rarely if ever taught in the pesantren; it is used by the senior kyai as a work of reference and is one of the works most frequently cited as authoritative in fatwa by Javanese `ulama.
Mahfudz' other writings include two voluminous works on usul al-fiqh, Nayl al-ma'mul (a supercommentary on Zakariya Ansari's Lubb al-usul and its commentary Ghayat al-wusul) and Is`af al-mutali` (a commentary on a versified version of Subki's Jam` al-jawami`), and another fiqh work: Takmilat al-minhaj al-qawim (additions to Ibn Hajar al-Haytami's Al-minhaj al-qawim).
He was not only interested in the intellectual sciences but also in Qur'anic recital (qira'a), on which he wrote no less than five books: on the readings of Ibn Kathir, Nafi`, Ibn `Amr and Hamza, and on the qira'a `ashara. Finally he authored two bio-bibliographical texts, Kifayat al-mustafid li-ma `alla min al-asanid (on the lines of transmission from the authors of classical texts to his own teachers) and Al-saqaya al-mardiyya fi asami kutub ashabina al-shafi`iyya (a survey of Shafi`i fiqh works and their authors). None of these works seem to be available in print, however.



[Martin van Bruinessen]


Literature:
H. Aboebakar, Sedjarah hidup K.H.A. Wahid Hasjim dan karangan tersiar (Djakarta: Panitya Buku Peringatan alm. K.H.A. Wahid Hasjim, 1957), p 88.
Mahfuz b. `Abd Allah al-Tarmasi, Mawhiba dhi al-fadl `ala sharh muqaddima Ba-Fadl (n.p.: Matba`a al-`amira al-sharafiyya, n.d.).
`Umar `Abd al-Jabbar, Siyar wa tarajim ba`d `ulama'ina fi al-qarn al-rabi` ashar li al-hijra (Mecca: Mu'assasa Makka li al-taba`a wa al-i`lam, 1385/1965-6), pp. 323-4.
Yasin b. M. `Isa al-Padani, Al-`iqd al-farid min jawahir al-asanid (Surabaya: Dar al-Saqqaf, n.d.), passim.
Muhammad S.H., Mengenal Pondok Tremas dan perkembangannya (Tremas, Pacitan, 1986).

Important works in the Shafi'i school

As Salamu alaikum,

Find links to some of the more important works in the Shafi'i school in pdf format:

Nihayat al-Matlab fi Dirayat al-Madhhab - Imam Haramayn al-Juwayni

http://www.archive.org/download/NhayatulMatlab_160/nmdm01.pdf

al-Bayan Sharh al-Muhadhdhab - Imam al-'Imrani

http://www.archive.org/download/bmesbmes/bmes01p.pdf

Kitab al-Umm, al-Bahr (al-Ruwyani), al-Hawi al-Kabir and many more;

http://www.waqfeya.com/category.php?cid=84

Audio explanation of al-Iqna' & Sharh Ibn Qasim by Shaykh Rushdi al-Qalm.

As Salamu alaikum wa Rahmatullah,

al-Iqna'

http://www.archive.org/details/Elaknaa-001

Sharh ibn Qasim al-Ghazzi

http://www.archive.org/details/ibn_elkassem-2

Enjoy !

Muqaddimah of Ibn Salah explained-Shaykh Abd al-Fattah Abu Ghuddah

As Salamu alaikum,

Shayh Abu Ghuddah's (may Allah have mercy on him) audio explaination of Ibn Salah's Muqaddimah in the science of Mustalah Hadith.

http://www.archive.org/details/MokadematIbnAlsala7

The Fiqh of Fasting (Matn Tahrir)

بسم الله الرحمن الرحيم

The Fiqh of Fasting

from Sheikh al-Islam's
Tahrir Tanqih al-Lubab



The conditions and integrals of fasting


The conditions for the validity of fasting (c: are four);

1.Islam
2.Intellect
3.Purity from menstruation and the like
4.To know that the time for fasting has entered



The conditions for the obligation of fasting (c: are three);

1.Islam
2.To be legally responsible
3.To be able to bear the fast



The integrals of fasting (c: are three);

1.The nightly intention
2.The fasting person
3.To avoid everything which nullifies the fast









Types of fasts



All fasts are (c: of four types);

1.Obligatory
2.Supererogatory
3.Disliked
4.Unlawful



The obligatory fast is of three types;

1.That fast which must be in succession. This type consists of: fasting Ramadhan, the expiation for dhihar, murder, and intentional intercourse during a day of Ramadhan.

2.That fast which must be separated. This type consists of: fasting(t: as an expiation ) for those performing the 'Umrah first or Hajj and 'Umrah simultaneously, missing a Hajj rite, leaving out a necessary rite, and expiating for a vow in which separation is a prerequisite.

3.That fast which can either be in succession or separated. This type consists of: making up a fast of Ramadhan, expiating for intercourse performed in a state of Ihram, expiating for an oath, or expiating for shaving, hunting, cutting down a tree, wearing a sewn garment, applying perfume, being prevented from completing the integrals of Hajj or 'Umrah after having entered Ihram, and trimming the nails or oiling the hair of the head or beard in a state of Ihram.



The supererogatory fasts are many, the most emphasized are fifteen;

1.on Monday
2.on Thursday
3.during the 1st ten days of Muharram
4.during the inviolable months
5.on the day of 'Arafah
6.on the 9th of Dhul Hijjah
7.on the 9th of Muharram
8.on the 10th of Muharram
9.to fast every other day
10.to fast every two days
11. to fast a day when one does not find anything available to eat
12. to fast the month of Sha'ban
13. during the 1st six days of Shawwal
14. on the full moon days and the two days that follow it
15. on the 28th and the following days of each month



The disliked fasts include:

1.the fast of a sick person, traveler, pregnant woman, nursing woman or an old person who fears a severe difficulty.
2.the supererogatory fast of a person who has obligatory make up fasts.
3.singling out the fast of Friday, Saturday or Sunday.
4.to fast everyday of the year, if one fears some harm from doing so.



The unlawful fasts include:

1.fasting on the two 'Eids
2.fasting on the three days following 'Eid al-Adha
3.the fast of a menstruating woman or a woman with postnatal bleeding.
4.fasting on the day of uncertainty without a reason
5.fasting during the second half of Sha'ban except when one joins the fast with the fasts one has been performing prior to mid-Sha'ban or when one fasts during it for some reason, such as a make up or when it coincides with the days one habitually fasts, in such cases it is not unlawful.



Things that nullify the fast


Things that nullify the fast include:

1.something perceptible reaching the body cavity, even if it be an injection or the water from rinsing the mouth and nose due to exaggerating in the act.
2.vomiting intentionally
3.ejaculation--except when it occurs while asleep--by looking or by fantasizing
4.intentional intercourse when one does it willingly and knows it is unlawful.
(portion left untranslated)


Expiating for a fast

It is obligatory for the person who nullified their fast through deliberate intercourse to pay an expiation in addition to making up the nullified fast. It is obligatory to refrain from all things that nullify the fast for someone who;

1.sinfully vitiated their fast
2.forgot to make the nightly intention,
3.ate thinking that dawn has not yet appeared
4.ate thinking that the sun has set and it becomes clear that it has not
5.learns that the 1st day of Ramadhan entered on the 30th of Sha'ban
6.or when water reaches the body cavity through exaggerating when rinsing the mouth and nose.


Nullifying the fast during Ramadhan


Nullifying the fast during Ramadhan is (c: of six) types;

1.Obligatory- with the obligation of a make up,this is for the woman with menstruation or postnatal bleeding.

2.Permissible- with the obligation of a make up. This is for the sick person and traveler who may shorten their prayer.

An expiation in addition to a make up are obligatory upon (c: two);

1.a person who broke the fast out of fear for someone else.

2.A person who delayed making up a missed fast of Ramadhan until the next Ramadhan comes.

An expiation alone is obligatory upon an old perso; a make up alone is obligatory upon an unconscious person and the like. As for an insane person, neither a make up nor an expiation is due upon him.







What is disliked while fasting


The disliked acts while fasting are (c: ten):

1.verbal abuse
2.to delay breaking one's fast
3.to chew gum
4.to taste food
5.to perform cupping
6.to have cupping performed
7.kissing which does not induce desire
8.to enter a bath house
9.to use the toothstick after noon
10. to look at something permissible with desire


Things which reach the body cavity but do not break the fast


Things which reach the body cavity but do not break the fast include;

1.something which reaches the body cavity either forgetfully, being ignorant that such a thing nullifies the fast or out of coercion.
2.something which reaches the body cavity along with saliva and one is unable to spit it out.
3.dust from the street or flour from sieving
4.a fly and the like reaching the body cavity



و الحمد لله رب العالمين

7/7/2010