អ៊ុមដាតុល រីអាយ៉ះ (ការពន្យល់ក្បួនច្បាប់វីកាយ៉ះ ហាណាហ្វី)

If it is said: It was mentioned in “Al-Hidaya” in the previous issue: Then if the dirhams of the eighth price are outstanding, he takes them in kind; Because it is determined by designation (1) in the corrupt sale, which is more correct; Because it is like usurpation (2). This contradicts what you said about not specifying (3) dirhams and dinars.

We said [(4)]: It is possible to reconcile them because this contract has two suspicions (1): Suspicion of anger. And suspicion of selling. If it is valid, the suspicion of anger is considered an attempt to remove (2) the corrupt contract, and if it is not valid and he buys something with it, it is considered the suspicion of selling, so that the corruption does not spread to his replacement, as (3) we mentioned regarding the suspicion of suspicion. Also, the circulation of hands has an effect in removing the prohibition, as is known (4).

(And if he built[(1)] in a house that he bought(2) for a corrupt purchase, he is obligated to pay its value[(3)], and Abu Yusuf - may God be pleased with him - had doubts about it: This is according to Abu Hanifa - may God be pleased with him -, and in both of them the building is invalidated[(4)].

This issue is one of the issues (1) that Abu Yusuf - may God be pleased with him - denied narrating on the authority of Abu Hanifa - may God be pleased with him - because Abu Yusuf - may God be pleased with him - said to Muhammad (1) - may God be pleased with him -: I did not narrate to you on the authority of (2) Abu Hanifa - may God be pleased with him - that he takes it (3) at its value, rather (4) you narrated that he destroys the construction, and he said: Muhammad - may God be pleased with him -: Rather, you narrated taking it for the value but forgot to doubt it. [(5)] Abu Yusuf - may God be pleased with him - in his narration on the authority of Abu Hanifa - may God be pleased with him - and Muhammad - may God be pleased with him - did not retract that, and blamed him for forgetting Abu Yusuf - may God be pleased with him -, for he mentioned in (Book (6) Pre-emption): [The buyer [if he buys] (7) is a corrupt purchase if he builds in it, then the pre-emptor has pre-emption] (8) according to Abu Hanifa - may God be pleased with him -, and according to them he has no pre-emption, and this [(9)] indicates the cessation of the seller’s right (10) due to the buyer’s construction according to Abu Hanifa - may God be pleased with him - in contrast to them.

[Chapter on what he dislikes] (And he disliked najsh[(1)]), najsh of hunting: with the silence of the jīm: its excitement, and najsh came[(2)] with the opening of the jīm and its stillness: which is when he bargains (3) for a commodity that he does not want to buy for more than its value, in order for the other to see and fall into it.

(And the price[(1)] is on the price of someone else[(2)] if they are satisfied with a price[(3)](4), and receiving the merchandise is harmful to the people of the country), [the brought merchandise[(5)], because if the merchandise is brought near the town] (1) the right of the public is attached to it, so it is disliked for him to receive some[(3)] and buy it, and to prevent the public from buying it, and this is only disliked if it is harmful to the people of the town[(4)], and I have heard Nice verses by Maulana Burhan al-Islam - may God be pleased with him - so I wrote them in verses[(5)](6), which are: Abu Bakr, the chosen boy (7) He wanted to go out for a wonder He said (8) I have decided to leave Kaftara is (9) for me, my mother, my father I said: Did you not hear, my son?

By prohibiting (10) from receiving the brought goods (and selling the present to the deserter out of greed for the high price in times of drought), its form is: [(1)] that the deserter brings food to the town and throws it to a man who lives in the town to sell it to the people of the town for a high price, as this is disliked [(2)] in difficult days (3).

(And the sale [(1)] at the call to prayer for Friday, and a small separation [(2)] from a relative to whom one is forbidden [(1)] without due right): This (2) is according to Abu Hanifa - may God be pleased with him - and Muhammad - may God be pleased with him -, and as for (3) according to Abu Yusuf - may God be pleased with him - if the kinship [relationship] (4) birth (5) is not permissible to sell one of them without the other, then [(6)] - may God bless him and grant him peace - [he said Perhaps] (7)(8): ((I realize [realize] (9)))(10). Even if the sale was effective, he cannot recover it, and if it was due to a right, such as paying one of them [for the other](11) with a crime[(12)], and returning[(1)] with a defect is not disliked(2)[(3)]. (There is no sale to anyone who increases the price [(4)](5). [And God knows best] (6)).

Chapter on dismissal [(1)

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(It is annulment in the right of the contracting parties [a sale in the right of the third party](1)), dismissal is annulment in the right[(2)] of the contracting parties, a new sale in the right of someone else according to Abu Hanifa - may God be pleased with him - and if he does not make it an annulment[(3)] in the right of them, it becomes invalid[(4)], and the benefit of it being a sale in the right of the third: that pre-emption is required by dismissal, as the pre-emptor is the third of them, and it is necessary to disavow; Because it is the right of God Almighty, God is the third of them, and according to Abu Yusuf - may God be pleased with him - it is a sale [(5)], and if it is not (1) it is made a sale, it makes (2) annulment, and if it is not possible it is invalidated (3), and according to Muhammad - may God be pleased with him - it is the opposite of this (4) [(5)]. (So ​​it was invalidated after the birth of the sold item). This is a consequence of it being annulment, since after the birth it is not possible to annul it, so it is invalidated [(1)] according to Abu Hanifa (2) - may God be pleased with him -, and according to them it is not invalidated; Because it is a sale.

(It is valid for something similar to [(1)] the first price, even if there is a stipulation other than its type or more than it. If they negotiate something other than the same type as the first price, or more than it, then according to Abu Hanifa - may God be pleased with him - the first price is obligatory. Because the dismissal[(2)] is invalidated in his view, and the annulment can only be made at the first price, so that condition is an invalid condition, and the dismissal is not invalidated by the invalid condition, so the dismissal is valid and the condition is invalid, and in both cases it is a sale with that name[(3)].

(And likewise for the lesser than it, unless it is faulty[(1)] then it is obligatory)(2): That is, the first price is obligatory if they negotiate (3) for less than it, unless it is defective in which case the lesser is obligatory. This is according to Abu Hanifa - may God be pleased with him - and according to Abu Yusuf - may God be pleased with him - it is a sale for the lesser, for the basic principle with him is that it is a sale, and according to Muhammad - may God be pleased with him - it is (4) annulment for the first price; Because he was silent about some of the first price, and if he was silent about the whole and said it would be annulment, then this is better[(5)] unless there is a defect, in which case it is annulment for the lesser amount.

(It is not prevented[(1)] by the destruction of the price, but rather by the thing sold, and the destruction of some of it[(2)] is prevented by its extent)(3). Chapter on Murabaha and Assignment [(4)]

(Murabaha[(5)]: selling the purchased item for its price and a surplus, and tawaliyah[(1)]: selling it for it without a surplus). Murabahah is the condition that the sold item be sold at the [first] price (2) for which it was purchased, with a known surplus. Tawaliyah: to stipulate that it be at that price without any excess.

(Their condition is to buy it for double [(3) ])(1); Because the benefit of these two sales is that the stupid person relies on the action of (2) the intelligent person, so he (3) treats himself with the same as what he bought, or with the same with a surplus, and this meaning appears only in the essence of proverbs and not the essence of values; Because valuables may be requested in their form without regard to their financial status, and also the value is unknown, and the basis of the two sales[(4)] is on trust(5).

(And he has the right to add [(6)] the reward of (1) the hairdresser, the dyer (2), the embroiderer, the wicking, and the burden up to its price, but he says he paid me for such-and-such (3) and I did not buy it for such-and-such [(4)]. If it appears (5) [(6)] to the buyer that he betrayed him in the Murabahah [(7)] (1) he takes it for its price or returns it, and in the transfer he deducts it (2) from (3) its price, and according to Abu Yusuf - may God be pleased with him - it is deducted. In both of them [(4)], and in Muhammad - may God be pleased with him - there is good in them (5) [(6)].

If he buys (1) a second one after selling it for a profit, then he is a winner, then what he won will be subtracted from him, and if the profit takes one eighth, he will not be a profit): That is, if he buys [a garment] (2) for ten and sells it for fifteen, then buys it for ten, then if he sells it for profit [what he won will be subtracted from him] (3), and he says that Ali paid five. And if he buys it for ten and sells it for twenty, then buys it for ten, he does not sell it on profit at all, and then he says: [Ali] (4) paid ten in the two chapters (5); Because [(6)] the second sale is a renewed sale, [and] (8) is cut off from the rulings on the first, and according to Abu Hanifa [(9)] - may God be pleased with him -: Before the second purchase, he may discover a defect and return it to him, thus forfeiting the profit he made. If he buys it a second time, that profit is confirmed, so the second buyer (1) has a suspicion that the profit [may] (2) have been made by him, so it is not cut off from the rulings on the first (3). (And Rabih, a master, bought from his authorized servant whose debt was around his neck[(4)] for what his seller bought): That is, [if] (5) the authorized servant whose debt was around his neck bought a garment for ten, and sold it[(6)] from his master for fifteen. If the master sold it at a profit, he would say: Ali paid for ten.

(Like an authorized person who buys from his master): That is, [if] (1) he buys the master for ten, then sells it to his authorized person who has the debt on his neck for fifteen, then the authorized person, if he sells it on a profit margin, says (2) he pays it to me for ten; Because the master’s sale from his authorized slave and purchase from him is considered a non-existence of the right of profit-making due to its being proven [(3)] with the negative. Rather, he said: The one who surrounds his religion is around his neck. Because then the authorized slave has ownership, but the authorized slave who has no debt has no ownership (4), so there is no doubt that the second sale has no consideration (5), but if he has a surrounding debt, then the second sale is a sale, and despite that, he has no consideration in the right of profit, so the ruling is confirmed by the first method regarding what he does not owe (6).

(And the owner of the money for what he bought (1) multiplied it (2) for half first, and half of what he gained by buying it secondly from it): That is, the speculator for half bought a dress for ten and sold it from the owner of the money for fifteen, so the dress was paid to the owner of the money [(3)] for twelve and a half (4).