Prohibited Transactions when Trading

Prohibited Transactions

The following are some prohibited transactions in the Shareeʿah Law:

  • Sale based upon touch (baiʿ al-malāsamah): this is when the seller says to the buyer, ‘Whichever garment you touch, then it belongs to you for such-and-such as price.’ Allah has prohibited this type of sale because it involves ambiguity, doubt, and gharar (misdescription). Pressure sales staff may say, ‘If you try it, you buy it.’ This is not allowed.
  • Sale of casting stones (baiʿ al-haṣāt): when the seller asks the buyer to throw a stone and then he must take the garment upon which the stone lands for a fixed price. This transaction is false and void. You often see this at fairgrounds.
  • Sale of misdescription (baiʿ al-gharar): this is to sell something about which the reality is not known or there is something inside that is hidden from the buyer; e.g., the sale of fish in water [such as a lake] or birds in the sky.
  • Sale of deception (baiʿ al-ghishsh): a sale that is built upon any type of fraud or deception, such as the presence of known defects in the sale items, or the use of counterfeit money to purchase, etc.
  • Conspiring against the seller: this is to turn away the seller who has come to the market to sell his merchandise, so he is told that the market is depressed and slow so as to purchase his merchandise at a loss to the seller—so the one who tells him takes his products from him at any price he chooses.
  • Outbidding (al-baiʿ ʿalā al-baiʿ) and turning one away from a purchase: this is when a person stands next to a buyer as he chooses his commodity in order to ruin the sale for the seller, and encourages him to instead to buy from him a better item or a cheaper one. This can also occur when a seller is selling his commodity to a buyer and someone interferes to prevent him from selling by saying, ‘Sell it to me instead, and I’ll pay you more!’.
  • Falsely inflating (baiʿ an-najash): this is when a person [who pretends to be a buyer] increases the price of a commodity that is for sale without any intention of purchasing it. He tricks the people into buying it for more than its actual value.

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