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Is it necessary for the buyer to measure or weigh the product again after taking possession? PDF Print E-mail

Question 815) - Is it necessary for the buyer to measure or weigh the product again after taking possession?

A: If he bought a product according to volume which is sold per volume, or according to weight which is sold per weight then consuming it or selling it is Haram until he reweighs it.*

* By Haram is meant Makruh Tahrimi. Jabir RDI. narrates that Rasulullaah SAW. forbade selling food until two scales have weighted, the scale of the first seller and the scale of the buyer. [Ibn Majah]. It is also clear that if the items were bought by amount then there is no need for the double weighing.

~ al-Quduri ~

 
A man bought an item. Can he sell it before taking possession of it? PDF Print E-mail

Question 814) - A man bought an item. Can he sell it before taking possession of it?

A: A movable item cannot be sold until it is in his possession. Unmovable items such as land may be sold before taking possession according to Imaam Abu Hanifa RAH. and Imaam Abu yusuf RAH. It is not permissible before taking possession according to Imaam Muhammed RAH.

~ al-Quduri ~

 
What can he do if he was cheated in Tawliyah? PDF Print E-mail

Question 812) - What can he do if he was cheated in Tawliyah?

A: If he thought the seller was true then he may reduce the excess from the price.

~ al-Quduri ~

 
Is there a difference amongst Imaam Abu Hanifa RAH. and his two companions in this? PDF Print E-mail

Question 813) - Is there a difference amongst Imaam Abu Hanifa RAH. and his two companions in this?

A: Yes, Imaam Abu Yusuf RAH. said that the excess will be reduced from the price in both Murabahah and Tawliyah. They is no option for rescinding. Imaam Muhammed RAH.said that in both cases he will choose between taking it at the price or rescinding the sale. There is no option of reducing the price.

~ al-Quduri ~

 
A man bought an Item on Murabahah, and then discovered that the seller lied to him. What is the ruling? PDF Print E-mail

Question 811) - A man bought an Item on Murabahah, and then discovered that the seller lied to him. What is the ruling?

A: According to Imaam Abu Hanifa RAH. he may either accept it at the total price or return it.

~ al-Quduri ~

 
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