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If the master sells his Ummul Walad [slave girl who gave birth to the master's child], or Mudabbar or Mukatab is the transaction valid? PDF Print E-mail

Question 783) - If the master sells his Ummul Walad [slave girl who gave birth to the master's child], or Mudabbar or Mukatab is the transaction valid?

A: All these transactions are void.*

* Selling the Ummul Walad is like selling a free person because Rasulullaah (S.A.W) said, "Her child has set her free."
An aspect of freedom is created in the Mudabbar in the future death of the master. The sale of the general Mudabbar is void, not the sale of the conditional Mudabbar. The general Mudabbar is the one to whom the master said, "You are free after my death." The conditional Mudabbar is the one whom the master says to, "lf I die on this journey/of this sickness then you are free."
A Mukatab is also entitled to freedom. lf however he is pleased with being sold then it is allowed.

~ al-Quduri ~

 
Give some examples. PDF Print E-mail

Question 782) - Give some examples.

A: The sale of something non-existent or that which has no monetary value is Batil such as blood and carrion [except fish and locustl; camel sperm, camel foetus, fruits which haven grown yet, an animal which was slaughtered and Bismillaah deliberately omitted ,carrion hide before tanning, a slaughtered sheep joined with a sheep which died naturally, human hair [out of respect it is void], pig hair [due to its filth], human excreta for as long as it is not consumed by earth, selling that which the owner does not have in his ownership yetnunless by means of Salam, * fish which has not yet been caught, birds in the air, milk still in the udder, pearls still in the oyster, wool still on the sheep, wine, pigs, a slave joined with a free man just as selling the grass on a pasturage is void.*

* will be defined in a later chapter inshaAllaah.

* In view of the Hadith declaring it the common property of the people. Similarly it cannot be rented in that that will destroy a public possession. Most Mashaikh have however given permission when a man plants and waters it himself.

~Quduri ~

 
Explain the types of transactions in terms of correctness. PDF Print E-mail

Question 780) - Explain the types of transactions in terms of correctness.

A: There are four kinds of transactions: 125
1. Sahih or valid: That which the Shari'ah recognises in its origin and in its description as correct. The transaction is in effect in itself if there are not any other prohibiting factors. 2. Batil or void: The Shari'ah does not recognise it in its origin. Under no circumstances can the transaction be in effect. 3. Fasid or incorrect: The Shari'ah recognises it in its origin, but not its description. It can take effect if the buyer takes possession of the goods. The Fuqaha have granted leeway for this category and sometimes apply the term Fasid for Batil. 4. Mawquf or suspended: such as when someone sells someone else's property. The transaction is suspended until the real owner validates it or voids it.

125 Al-Bahr ar-Raiq: There are 3 prohibited transactions

~ al-Quduri ~

 
Explain Batil transactions concisely. PDF Print E-mail

Question 781) - Explain Batil transactions concisely.

A: If one or both of the goods/price is Haram or not owned then the transaction is Batil.

~ al-Quduri ~

 
Is the sale of dogs, cheetahs and beasts of prey permissible? PDF Print E-mail

Question 794) - Is the sale of dogs, cheetahs and beasts of prey permissible?

A: Yes.

~ al-Quduri ~

 
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