BUSINESS DEALS
Note: Islam is a complete way of life covering all aspects as
such instructions regarding
business deals which can easily damage & hurt the
Rights of Fellow Beings are
dully emphasized &
covered in Quran in the longest
Ayah, appended below. Prophet (s) reminds
this reality in most
eloquent words; “Al-Deen Kullo
Muamilat” Religion is but Mutual
Affairs between people.
“O
Believers, when you contract a debt for a fixed; 325 term, you should
put it in writing. 326 Let a scribe write
with equity the document for the parties. The scribe whom Allah has given the
gift of literacy should not refuse to write. Let him write and let the one
under obligation (the debtor) dictate, and he should fear Allah, his Lord, and
should not diminish from or add anything to the terms which have been settled.
But if the borrower be of low understanding or weak or unable to dictate (for
any reason), then let the guardian of his interests dictate it with equity. And
let two men from among you
327 bear witness to all
such documents. But if two men be not available, there should be one man and
two women to bear witness so that if one of the women forgets (anything), the
other may remind her. The witnesses should be from among such people whom you approve
of as witnesses. 328 When the witnesses
are asked to testify, they should not refuse to do so. Do not neglect to reduce
to writing your transaction for a specified term, whether it be big or small.
Allah considers this more just for you, for it facilitates the establishment of
evidence and lessens doubts and suspicions. Of course, there is no harm if you
do not put in writing the common transactions you conclude daily on the spot, 329 but in case of
commercial transactions you should have witnesses. The scribe and the witnesses
should not be harassed:
330 if you do so, you
shall be guilty of sin. You should guard against the wrath of Allah; He gives
you the knowledge of the right way for Allah has the knowledge of everything.”
(1) Brokers exploiting
ignorance of buyer
disallowed in business
Bukhari Volume 3, Book
37, Number 2274:
Narrated
Tawus:
Ibn
'Abbas said, "The Prophet (s) forbade the meeting of caravans (on the way)
and ordained that no townsman is permitted to sell things on behalf of a
bedouin." I asked Ibn 'Abbas, "What is the meaning of his saying, 'No
townsman is permitted to sell things on behalf of a bedouin.' “He replied,
"He should
not work as a broker for him."
Note: Objective
is not to exploit some trader’s
lack of knowledge about market value of his products
etc.
(2) Business deals swearing is purchasing small gain,
no portion Hereafter 3:77
Bukhari
Volume 3, Book 34, Number 2088:
Narrated 'Abdullah bin Abu Aufa:
A man displayed some goods in the
market and swore by Allah that he had been offered so much for that, that which
was not offered, and he said so, so as to cheat a Muslim. On that occasion the
following Verse was revealed:
"Verily”!
Those who purchase a small gain at the cost of Allah's covenant and their oaths
(They shall have no portion in the Hereafter etc.)'
(3:77)
“As for those who barter
away their Covenant with Allah and their own oaths for a paltry profit; they
shall have no share in the Hereafter; Allah will not speak to them nor even
look at them nor cleanse them of sins on the Day of Resurrection. 65 There is, on the other hand, a painful punishment
in store for them.” (3:77)
(3) Business with Mushrik enemy
(99) CHAPTER. Buying and selling with Mushikun (pagans) and with the enemy at war.
Bukhari
Volume 3, Book 34, Number 2216:
Narrated 'Abdur-Rahman bin Abu Bakr:
We were with the Prophet (s) when a
tall pagan with long matted unkempt hair came driving his sheep. The Prophet (s)
asked him, "Are those sheep for sale or for gifts?" The pagan
replied, "They are for sale." The Prophet (s) bought one sheep from
him.
(4) Buying selling Avoid making Easy money
Special Precautions
Bukhari
Volume 8, Book 86, Number 6852:
Narrated 'Abdullah bin 'Umar:
Those people who used to buy
foodstuff at random (without weighing or measuring it) were beaten in the
lifetime of Allah's Apostle (s) if they sold it at the very place where they
had bought it, till they carried it to their dwelling places.
NOTE: Making money without putting in the hard work is discouraged
because this trend has many drawbacks, especially in the long run. Such
practice results in rat race for money which would mostly be spent without due
consideration resulting in downfall of morals as a whole. Following Ayahs of
Surah Tukasar are worth pondering here.
“Your craze for more and more and mutual rivalry for worldly gains
has made you heedless, 1 until you reach the graves.
2 By no means! Soon you shall know! 3 Again (note it well) by no
means! Soon you shall know. Nay! Had you known with certainty of knowledge (the
end of this way of life you would never have acted thus). You shall certainly
see Hell. Again (note it well that) you shall most certainly see it. Then, on
that Day, you shall certainly be called to account for the blessings and
comforts of life. 4” (Surah Tukasar)
(5) Joint properties & Haq Shufa
Pre-emption
(8)
CHAPTER. Sharing land, etc.
Bukhari
Volume 3, Book 47, Number 2495:
Narrated Jabir bin 'Abdullah:
The Prophet (s) established the
right of Shu'fa (i.e. Pre-emption) in joint properties; but when the land is
divided and the ways are demarcated, then there is no pre-emption.
Bukhari
Volume 3, Book 47, Number 2496:
Narrated Jabir bin 'Abdullah:
The Prophet (s) said, "The
right of pre-emption is valid in every joint property, but when the land is
divided and the way is demarcated, then there is no right of pre-emption."
(6) Payment for medical treatment
such as getting cupped
Bukhari
Volume 3, Book 37, Number 2279:
Narrated Ibn 'Abbas:
When the Prophet (s) was cupped, he
paid the man who cupped him his wages. If it had been undesirable he would not
have paid him.
(7) Playing tricks to fool the buyer – alluring to get high price
Bukhari
Volume 9, Book 90, Number 6963:
Narrated Ibn 'Umar:
Allah's Apostle (s) forbade the
practice of An-Najsh.
Translator’s
Note: At-Tanajush or Najsh means
the trick of offering a very high price for a thing to
allure somebody else to buy it although it is not worth such a high price.
Bukhari Volume 8, Book 78, Number
6066:
Narrated Abu Huraira:
Allah's Apostle (s) said,
"Beware of suspicion, for suspicion is the worst of false tales. and do
not look for the others' faults, and do not do spying on one another, and do
not practice Najsh, (Note) and do not be jealous of one another and do not
hate one another, and do not desert (stop talking to) one another. And O, Allah's worshipers! Be brothers!"
Translator’s
Note: Najsh means to offer a high price for
something in order to allure another customer who is interested in same thing.
Bukhari
Volume 3, Book 34, Number 2140:
Narrated Abu Huraira:
Allah's Apostle (s) forbade the
selling of things by a town dweller on behalf of a desert dweller; and
similarly Najsh was forbidden. And one should not urge somebody to
return the goods to the seller so as to sell him his own goods; nor should one
demand the hand of a girl who has already been engaged to someone else; and a
woman should not try to cause some other woman to be divorced in order to take
her place.
Translator’s
Note: “Najsh” means to offer a high price for
something without having the intention to buy it but just to cheat somebody else
who really wants to buy it. Such a person may agree with the seller to
offer high prices before the buyers to cheat them, in which case both this man and the seller are sinful. The seller may
falsely tell the buyer that he (i.e. the seller) has previously bought the
goods at a certain price which is in reality higher than the actual price.
(26) CHAPTER. "Allah will destroy Riba (usury) and will give increase for Sadaqat (deeds of charity, alms). And Allah likes not the disbelievers, sinners!" (2:276)
Bukhari
Volume 3, Book 34, Number 2087:
Narrated Abu Hurairah;
I heard Allah's Messenger (s) saying, "The swearing (by the seller) may persuade the buyer to purchase the goods but that will be deprived of Allah's Blessing."
Translator’s Note: Hadis confirms the fact that what you earn illegally, decreases ultimately, for it will be deprived of Allah's Blessing and it will result in bringing about punishment in the Hereafter; while what you give in charity will be compensated for by the Blessing of Allah many times, and you will be rewarded for it in the Hereafter as well.