Is it permissible to sell autographs of famous people?

Is it halal to sell an autograph of a famous athlete?.

Praise be to Allaah.

Firstly:

In order for a sale to be valid, the fuqaha’ have stipulated that the sold item should be something beneficial. It something is of no benefit, it is not valid to sell it, because it has no value, as there is no benefit in it; his taking money for it comes under the heading of consuming wealth unlawfully.

Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:

Selling that in which there is no benefit is not permissible.

End quote from Majmoo‘ al-Fataawa, 31/224

Ibn Qudaamah (may Allah have mercy on him) said in al-Mughni (4/174):

It is not permissible to sell that in which there is no benefit. End quote.

It says in al-Mawsoo‘ah al-Fiqhiyyah (29/148):

The fuqaha’ are of the view that it is permissible to sell birds whose flesh may be eaten, such as pigeons, small birds and so on, because there is some benefit in it. As for selling birds that are not eaten or used for hunting, such as Egyptian vultures, kites, ostriches and crows, that are not eaten, it is not permissible to sell them, because there is no benefit in them and they are of no value, so taking money for them comes under the heading of consuming wealth unlawfully and spending money on them is foolishness. End quote.

An-Nawawi (may Allah have mercy on him) said: Our companions said: It is permissible to sell books of hadeeth, fiqh, Arabic language, literature, permissible poetry that is of benefit, books of medicine and mathematics and so on, in which there is some permissible benefit. Our companions said: and it is not permissible to sell books of kufr because there is no permissible benefit in them; rather they must be destroyed. The same applies to books of astronomy, magic, philosophy and other kinds of forbidden and false knowledge, and selling them is invalid because there is no permissible benefit in them. End quote from al-Majmoo‘, 9/304

What is meant by value that is connected to the benefit is the monetary value of the sold item.  Continue reading

Ruling on selling iTunes and internet cards for more than their price

May Allah bless your efforts. What is the ruling on the cards with which you can buy apps and so on for the iPhone from the Appstore (the cards are called iTunes cards)?
These cards are sold for a lower or higher price than what is mentioned on the card. If the answer is that they are haraam, I hope you can explain the difference between them and the pre-paid cards sold by telecoms companies that you have said in a fatwa are permissible to sell for a lower or higher price than what is mentioned on the card …(fatwa no. 111995).

Praise be to Allaah.

It is permissible to sell iTunes cards for the same amount as is written on the card or for more or for less. It is also permissible to sell them for instalments to be paid at a later date, because they are not the same as cash in which it is stipulated that they should be of the same value and the exchange must be completed on the spot. Rather it comes under the heading of selling the benefit. There is no difference between them and phone cards or cards for internet access and the like in which there are some costs involved in producing the card that the purchaser buys, so these cards are for some benefits and there is some work and effort involved in producing them, so there is nothing wrong with selling them for more or less than the amount written on the card.

And Allah knows best. Continue reading

Meaning of the hadeeth “Whoever sells a house or piece of land and does not put its price into something similar, will not be blessed therein”

It was narrated from the Prophet (blessings and peace of Allah be upon him) that he said: “Whoever sells a house or piece of land then does not put its price into something similar, will not be blessed therein.” Shaykh al-Albaani (may Allah have mercy on him) classed it as saheeh. I would like to know more about the meaning of the hadeeth, including what is meant by the words “it will never be blessed for him” and what is meant by “putting its price into something similar.” Does that only refer to buying another house or could it also include building another house or developing another piece of land? Can we not interpret the hadeeth as meaning that it is haraam to use the price of land except to buy other land or to build a house on other land or to develop other land?.

Praise be to Allaah.

The hadeeth referred to was narrated by Imam Ahmad (17990) and Ibn Maajah (2481) from Sa‘eed ibn Hurayth (may Allah be pleased with him) who said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Whoever sells a house or piece of land then does not put its price into something similar deserves not to be blessed therein.”

Ibn Maajah (2482) narrated that Hudhayfah ibn al-Yamaan (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Whoever sells a house and does not put its price into something similar will not be blessed therein.”

This hadeeth was classed as hasan by Shaykh al-Albaani (may Allah have mercy on him) in as-Silsilah as-Saheehah, 5/326, when all its isnaads and corroborating reports are taken together.  Continue reading

Ruling on selling textbooks that contain pictures

I have a bookstore in which I sell textbooks. Sometimes we find some books contain pictures that are not compatible with Islamic teachings, so we feel uncomfortable about selling them. What is the ruling on these sales? What is the ruling on selling books of philosophy?.

Praise be to Allaah.

Firstly:

There is nothing wrong in principle with selling books of knowledge, even if it is not Islamic knowledge such as fiqh, hadeeth and tafseer; rather it is sufficient that these books should not contain things that are contrary to Islam and go against its rulings and etiquette.

With regard to textbooks that are used by students and universities, the need for them is greater. As for what these books contain of pictures that are not compatible with Islamic teachings, as mentioned in the question, if the pictures are few and are not sought in and of themselves, rather the purchaser buys the books because of the beneficial knowledge they contain, such as medical textbooks in which there are illustrations or books that explain by means of pictures, there is nothing wrong with buying and selling these, in sha Allah, because of the general need for them and the difficulty of avoiding the pictures they contain.

But if the seller knows that a specific purchaser is only buying the book because of the pictures in it, then he should not sell it to him.  Continue reading

Ruling on buying machines by instalments through the bank

Here in Algeria there is a youth support network which is based on studying a project or venture that the applicant suggests; after the file is accepted, sponsorship for this project is granted and this sponsorship takes the form of a percentage of the price of the necessary equipment that is paid by the state, added to which there is a percentage given by the bank, and the rest is paid by the entrepreneur who came up with the project. This type of financing is called “triple financing”. The money for purchasing the equipment is deposited in a bank account in the name of the project, noting that the bank has a share of more than 80%. After the paperwork is completed, the bank gives the entrepreneur bank cheques to buy the equipment from the seller. It is worth noting that ownership of the equipment remains in the name of the bank until all dues have been paid to the bank by the entrepreneur within a certain time frame, i.e., by instalments, and with an extra amount that increases the price of the equipment.
My question is: is this type of procedure permissible?.

Praise be to Allaah.

If the bank gives the money to the entrepreneur to buy his equipment on the basis that he will pay the money back with something extra, then this is a riba-based loan which is haraam, whether the money is paid in the form of cash, cheques, vouchers or anything else. But if the bank buys part of the equipment for itself, then it resells it for a higher price paid in instalments, there is nothing wrong with that, and it may keep the ownership documents until the borrower has paid off all the instalments. The fuqaha’ stated that it is permissible for the item to be held in pledge for its price (until it is paid off). It stays in a statement of the Islamic Fiqh Council: The seller has no right to retain ownership of the sold item after it is sold, but it is permissible for the seller to stipulate that the sold item be regarded as collateral in order to guarantee his rights to have the instalments paid off in full.

See the answer to questions no. 69877, 140603, 143004

Based on that, what you have to do is look at the contract between the customer and the bank, to find out the role of the bank, so that it will be possible to issue a specific ruling on this issue.

And Allah knows best. Continue reading

Ruling on buying study notes for which the owner has not given permission for them to be copied and sold

My relative is asking me this question and is waiting for a response.
She has tests and she was making copies of notes belonging to another girl who had notes on a subject that my relative does not have. 
When she asked her permission to copy the notes she had, the other girl apologised and said that the notes did not belong to her. When the girl left, my relative was surprised when the library worker gave her papers that were copies of the other girl’s notes. My relative took them and paid for them, but she does not want to start revising from them until she finds out the ruling. Please note that the notes are in her house right now, and I believe that they are the only source she has for revising this subject and she does not know the girl who owns the original notes.

Praise be to Allaah.

What the library worker did of copying the notes without the owner’s permission is a transgression and wrongdoing. It is not permissible for one who knows the situation to copy or buy these notes; if he does so, then he is a partner in the transgression and sin. Intellectual property rights — such as written works and inventions — are protected and belong to the authors; it is not permissible to transgress against them. For more information, please see the answer to question no. 129191

Based on that, your relative does not have the right to make use of these notes; rather she should return them to the library and get her money back. And she should advise the library worker and point out her mistake to her.

If she needs notes on this subject, she should look for them among her friends or in other libraries.

And Allah knows best. Continue reading

Selling by instalments to the one who issued instructions to buy

I went to someone who has no money to buy a bedroom set for my marriage, then he went with me to the merchant and bought the bedroom set for me for a certain amount. Then he sold it to me by instalments for a higher price than the price for which he bought it. This kind of transaction happens with many people; each person identifies the item he wants to buy, then he buys it for him and sells it to him by instalments. Please note that this person is not specialised in any particular trade. Is this riba?.

Praise be to Allaah.

This transaction is known as a muraabahah transaction for the one who gives instructions for the purchase. Dr. Muhammad ‘Abd al-Haleem ‘Umar said in his paper at-Tafaaseel al-‘Amaliyyah li ‘Aqd al-Muraabahah, which was published in the fifth edition of Majallat Majma‘ al-Fiqh al-Islami:

Muraabahah may be done in one of two ways that were defined in classical fiqh. They are:

-1-

This may be called the general or original form. This is when someone buys an item for a certain price, then he sells it to another person for the original price plus an extra amount of profit. In this case he is buying it for himself without any prior request from anyone else, then he offers it for sale on the basis of muraabahah.  Continue reading

Ruling on buying diamonds on the Internet

I hope that you can tell me the ruling on buying diamonds on the Internet.
I know that it is not permissible to buy or sell gold or silver on the Internet.
But with regard to diamonds, I have not seen any fatwa that permits or forbids that. Please note that I want to buy them to wear them, not to deal in them.

Praise be to Allaah.

In the answer to question no. 34325 it says that it is not permissible to sell gold or silver on the Internet. That is because this transaction delays taking possession of the price for the product, which is not permissible when selling gold and silver.

As for selling diamonds, it is permissible to pay the price in advance or to delay it.

Based on that, there is nothing wrong with buying or selling them on the Internet.

But there is another problem, which is that it is difficult to grade diamonds precisely, so they should not be bought except after seeing them, because the grades vary a great deal and the price and the purchaser’s interest in buying may vary accordingly.  Continue reading

Buying a car from the bank with a down payment to show commitment

The customer chooses a car from the dealership, then the invoice for the car is issued in the name of the bank, and the car is purchased in the bank’s name, then it is re-sold (by the bank) to the customer with a profit margin, as a muraabahah transaction. The invoice comes before the contract is drawn up, i.e., the bank buys the car before it re-sells it to the customer with an increase of 8.5% on the price. But the customer makes a down payment of 20% of the value of the car in advance, before the bank even pays a single penny to the dealership. When the bank receives the invoice for the car, the bank withdraws that 20% from the customer’s account and adds the remainder of the price and pays it to the dealer, and the car remains in the bank’s name until the customer has paid its price in full, by instalments.

Praise be to Allaah.

Firstly:

This transaction is called “muraababah initiated by the purchaser”, and there is nothing wrong with it, provided that the bank owns the car and takes possession of it before selling it to the customer, and that the contract is free of any stipulation of penalties in the event of late payment, and that the purchaser does not sign a contract obliging him to buy from the bank. This has been discussed in the answer to question no. 129312 and 140603

With regard to the down payment made by the customer before drawing up his contract with the bank and even before the bank takes possession of the car, if this down payment will not be returned in the event of his changing his mind, then this comes under the heading of consuming wealth unlawfully, because the down payment – according to those who regard it as valid, namely the Hanbalis – is only binding by means of the contract and not by mere promises. This has been discussed in the answer referred to above. Continue reading