Issue No.1796- If a commodity is sold by cash, both buyer and seller may demand the commodity or the money from each other and take possession of it after the transaction. Rendering in properties such as a house or land, etc., is to empower the buyer to make use of it and in movable properties such as a carpet or clothes, etc., is to make it available to the buyer in a way that nothing prevents him if he wishes to take them to another place.
Issue No.1803- If a person sells the money itself in advance payment, and takes money in exchange for it, the transaction is void. However, if he sells a commodity, and takes money or another commodity in exchange, the transaction is in order, although the recommended precaution is that one should always take money and not another commodity in exchange.
Issue No.1804- There are six conditions for an in-advance payment contract:1) The qualities and characteristics on account of which the price of a commodity may be affected should be specified. However, it is not necessary to be very precise, and it will be sufficient if it can be said that its characteristics are known. For this reason, the transaction on an in-advance payment would be void in the commodities, whose characteristics cannot be specified (e.g., some kinds of hides and meat and carpets).2) Before the buyer and the seller separate from each other, the buyer should deliver the full amount to the seller. If the buyer pays a certain percentage from the price of the commodity to the seller, the transaction will be equally valid to that percentage. However, the seller can rescind the transaction.3) The time limit should be accurately specified. In case, therefore, the seller says that he will deliver the commodity when the crop is harvested, while the harvest time is not exactly known, the transaction is void.4) A time should be specified for the delivery of the commodity when the commodity is usually available.5) As an obligatory precaution, the place of delivery of the commodity (i.e., the city or the town in which the commodity is handed over in) should be specified unless in case the place is obviously understood from their conversation.6) The weight or the volume of the commodity should be specified. But, there is no harm in selling through an in-advance payment contract, a commodity which is usually bought and sold by observation, like various kinds of carpets, provided that its characteristics are mentioned. However, the difference in the quality of individual items of the commodity must be so small that the people may not attach any importance to it.
Issue No.1806- During an in-advance payment transaction, if the seller delivers a better quality commodity than the one agreed upon (i.e., a commodity which possesses other qualities in addition to all the qualities and the characteristics that they had agreed upon), the customer (i.e., the buyer) should accept it. However, if it lacks some of the qualities which the agreement included, the buyer may reject.
Issue No.1809- If gold is sold for gold, and silver is sold for silver (whether it is in the form of coins or not) in case the weight of one of them is more than that of the other, the transaction is haram and void, even though one may be manufactured gold and the other unmanufactured, or their make may be of different quality or of different carats, for example, if one gram of 18-carat gold is exchanged for 1.5 grams of 14-carat gold, it will be haram and void. However, there is no harm in selling gold in exchange for silver, irrespective of whether their weight is equal or not.
Issue No.1812- If the buyer does not know the price of the commodity or overlooks the price when purchasing it, and buys the commodity for a price higher than usual; and in case the difference in value is substantial that people consider him to have been cheated, he may terminate the transaction. This rule also applies to the seller if he does not know the price of the commodity and is cheated.
Issue No.1821- If a person gives a commodity to another person and fixes its price and says: "If you sell this commodity at a price higher than that the sale proceeds in excess of that will be your property" , the transaction is in order, and the extra amount is that of the broker. Similarly, if he says, “I sell this commodity to you at this price” and he says, “I have accepted” and then, if he sells it more than that price, the extra amount thus will be his.
Issue No.1825- If two properties are mixed in a way that they cannot be distinguished from each other, and separating them from each other is not possible, partnership occurs in that property, whether this is done intentionally or not. Also, if they pronounce a formula declaring partnership, in Arabic or in any other language, or express their intention of becoming each other’s partner through a certain act, the partnership will be valid for the properties for which they have intended to be partners, and it will not be necessary for them to mix the two properties.
Issue No.1827- If two persons enter into a partnership, on the terms that each of them would purchase the commodity on his own credit, and each would be responsible for the payment of its price, but would share the commodity and its benefits, that partnership is not valid. However, there would be no objection if each of them makes the other one his agent, authorising that whatever one purchases on credit, the other will be a partner in, which means that he and his partner are responsible for the debt, in this case they will be considered partners in that commodity.
Issue No.1829- There is no harm if it is stipulated in the agreement of partnership, that the partner who undertakes the works should get a larger share of the profits, or on the contrary, the one who does not work or works less than the other partners, should get a larger share of benefits (to go easy on him or for any other considerations). However, if it is agreed that the entire benefit will be owned by one person, it will not be in order, but if it is agreed that the entire or the greater part of the loss should be borne by one partner, it will be correct.
Issue No.1835- If the person who trades with the capital of the partnership declares that the capital has perished without negligence and extravagance, and the other party claims that he is treacherous but he has no evidence to prove it, in case the trader takes an oath before the Mujtahid or his representative, his statement should be accepted.
Issue No.1842- The formula of compromise can be pronounced in Arabic, English or any languages. Rather, any practical step which clearly indicates that the two parties involved want to compromise through it will be sufficient.
