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Does setting preconditions make the transaction Fasid? PDF Print E-mail

Question 788) - Does setting preconditions make the transaction Fasid?

A: Yes, it is Fasid unless the condition is such which is needed for the transaction to reasonably take effect; it is suitable and there is a benefit for one party or the goods, or it is a condition he is entitled to, or it is known in the custom of the people, and if the Shari'ah has not forbidden these conditions.*

* Thus conditions like the seller will keep the goods until the buyer pays do not make the transaction Fasid or condition established by Shari'ah like Khiyarush Shart. Or conditions well known in that society e.g. the seller will keep the fruits of a sold tree.

~al-Quduri ~

 
Give some examples of Fasid [incorrect] transactions. PDF Print E-mail

Question 787) - Give some examples of Fasid [incorrect] transactions.

A: Muzabanah - selling dates on the tree in exchange for plucked dry dates; or grapes on the vine in exchange for raisins. Mulamasah - the sale is in effect by mere touching without right of sight e.g. it was dark or the cloth was folded. There is also no right to withdraw within the gathering. Munabazah is that each throws his goods at the other and the sale is made. These were transactions which were regarded as correct before Islaam. Throwing a stone on a group of items. Whichever one it falls on is sold. Similarly selling an animal or slave-girl and excluding its foetus is Fasid. Selling an arms-span of a robe where it will cause damage to the whole big price as well for as selling a beam of a roof is incorrect. Or buying a [unspecified] robe out of two robes.

~ al-Quduri ~

 
What is the ruling if the area of cupping was shaved on his neck? PDF Print E-mail

Question 621) - What is the ruling if the area of cupping was shaved on his neck?

A: Damm according to Imaam Abu Hanifa RAH. and Sadaqah according to his two companions.

~ al-Quduri ~

 
What is the ruling upon a woman in that? PDF Print E-mail

Question 622) - What is the ruling upon a woman in that?

A: The ruling as above in shaving the armpits, pubic area and head is the same for a woman as for a man.

NOTE: The penalties are equally applicable whether he did it himself or someone else; with or without his order; willingly or forced; ignorantly or mistakenly; forgetfully or deliberately.

~al-Quduri ~

 
What is the penalty upon the Muhrim for shaving his hair? PDF Print E-mail

Question 620) - What is the penalty upon the Muhrim for shaving his hair?

A: Damm is Wajib if he shaves his head or beard or a quarter of either. For less than a quarter the penalty is Sadaqah. If he shaves his armpits or pubic hairs then Damm is Wajib. Shortening the hair and shaving it is the same in regards Damm and Sadaqah. If it removed in some other way, or plucked out or combed out then it is the same as ruling as shaving.

~ al-Quduri ~

 
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