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

Paying “key-money” (money for vacating a property)

In many cities, markets and streets where there are important locations, some tenants willingly give up their tenancies to others in return for a certain amount of money. What is the ruling on this?

Praise be to Allaah

Firstly, there are four types of transaction that may come under this heading, as follows:

Where there is an agreement to this effect from the outset between the landlord of the property and the tenant.

Where the tenant and landlord come to an agreement during the period of the tenancy or after it has ended.

Where there is an agreement between the tenant and a new tenant, during the period of the tenancy or after it has ended.

Where there is an agreement between the new tenant and both the landlord and the first tenant, before the first tenancy expires or afterwards. Continue reading

Ruling on transactions made via modern means of communication

What is the ruling on purchase and rental transactions etc. made via modern inventions such as the telephone, fax, telex and the Internet etc. If the transaction usually takes place in an office or store, what is the ruling on cases where these modern means are used?

Praise be to Allaah.

According to sharee’ah, a transaction is made when there is an offer [of goods or services] and this is accepted, within the framework of shar’i conditions and in the absence of anything that might invalidate the transaction. An example of this in the case of a sale might be when the vendor says “I sell this to you” and the purchaser says “I agree.” There have been major developments in the field of communications which are now widely used to speed up financial dealings and transactions, which we must bear in mind whilst also taking into account what the fuqahaa’ have said about carrying out transactions via letter, in writing, by means of gestures or through intermediaries. They also established that transactions should be carried out between two parties who are present in the same place – with the exception of wills, the appointment of executors and the giving of power of attorney; the offer and agreement should both refer to the same thing and price, there should be no expression or indication that either party is turning away from the deal, and the agreement to an offer should not be delayed beyond whatever timespan is customarily regarded as acceptable. Continue reading

‘Aqd al-Istisnaa’ (contract to have something made or done)

What is ‘Aqd al-istisnaa’? What are the rulings and conditions governing it?

Praise be to Allaah.

‘Aqd al-istisnaa’ – which is a contract that applies both to the labour and the product itself – is binding on both parties when it is drawn up in accordance with certain conditions.

The following conditions apply to ‘Aqd al-istisnaa’:

Clear statement of the type, amount and required features of the work to be done or product to be made.

Specification of the time frame involved.

In ‘Aqd al-istisnaa’ it is permissible to delay paying the full price, or it may be paid in installments at specific times over a limited period.

It is permissible for ‘Aqd al-Istisnaa’ to include a penalty clause stating what the two parties have agreed on, so long as there are no circumstances beyond their control. And Allâh knows best. Continue reading

Selling by installments to the one who asked us to buy something

I have been offered the opportunity to take part in a project selling household appliances by installments. This operates in the following manner: 
We do not have a store, so the customer comes to us and says, “I want to buy certain appliances (for example, four air conditioners). We buy these appliances and give the price to a store with which we deal and from whom we always buy things. Then we sell it to the customer who wants to buy them, after agreeing on a price to be paid in installments. For example, if the cash price is 1200 riyals, we sell it by installments for 2000 riyals. 
Some purchasers take them to use them, and some take them to sell them back to the same store from which we buy them, because the best price that can be found is in that store. We are doing it this way now until we have enough capital to open a store where we can sell appliances directly for cash or by installments. 
Is this way of selling valid? We hope that you can explain that for us and for many Muslims who are selling in this manner. May Allaah reward you with good.

Praise be to Allaah.

If the matter is as described, and you buy the product that the customer wants in a real sense, taking possession of it and then selling it for a price to be paid by installments, there is nothing wrong with that, even if the price by installment is higher than the cash price.

It does not matter if the one who buys it from you sells it to the first store, because there is no connection between him and this store.  Continue reading

Ruling on selling exorbitantly expensive telephone numbers and “custom” licence plates

What is the ruling on buying and selling telephone numbers and custom licence plates. If a person buys a custom licence plate then sells it, is that money halaal?.

Praise be to Allaah.

Every Muslim should realize that Allaah has forbidden extravagance and wasteful spending, which both mean going beyond the limit in spending money.

Allaah says (interpretation of the meaning):

“and eat and drink but waste not by extravagance, certainly He (Allaah) likes not Al‑Musrifoon (those who waste by extravagance)”

[al-A’raaf 7:31]

“And give to the kinsman his due and to the Miskeen (poor) and to the wayfarer. But spend not wastefully (your wealth) in the manner of a spendthrift. Continue reading

Ruling on tawarruq sales

In recent years, local commercial banks have introduced a way of selling by installments, then the purchaser may sell the product to a third party for cash. Is this method permissible or not?.

Praise be to Allaah.

This transaction is known to the scholars as tawarruq, which comes from the word al-wariq, meaning silver, because the one who buys the product is only buying it for the sake of dirhams (originally, silver coins).

The scholars differed concerning the ruling on this transaction.

The majority of scholars are of the view that it is permissible, because of the general meaning of the verse in which Allaah says (interpretation of the meaning):

“whereas Allaah has permitted trading”

[al-Baqarah 2:275]

and because there does not seem to be any intent to engage in riba and there is no concept of riba in this case. End quote.  Continue reading

Is it permissible to delay paying the price of gold and the cost of having it made into jewellery?

Is it permissible to give some money to a craftsman to make jewellery on the basis that the rest will be given to him when he finishes it, knowing that the first amount is not being used to buy the gold?.

Praise be to Allaah.

What we understand from the question is that you are going to buy the gold from this craftsman, and he will make it into jewellery. If that is the case, it is not permissible, rather what you should do is pay the price of the gold (in cash) and take possession of the gold in one sitting. As for the cost of making it into jewellery, it is permissible to delay it.

But if what is meant in the question is that you are going to give the craftsman gold that you already own, so that he can make it into jewellery, then there is nothing wrong with delaying payment.  Continue reading

Is it permissible to subscribe to a phone company and receive calls only without making calls?

I have bought a mobile line (paid in advance). The seller gave me the number, and thus I did not have to call the automated service. As result the counter did not start counting. I gave my number to all my friends so that they call me, I do not call anyone and thus I do not have to charge my phone. A brother told me that this is considered cheating. I am cheating the company; because it sells me the number considering that I will pay an amount monthly weather I use my credit or delay using it. I think that, the company did not stipulate any condition and able to make me unable to use my line, like many companies do. I have paid an amount to get the line itself, and as I do not buy credit, I do not call anyone. What is your oppinion of this?.

Praise be to Allaah.

If the company has activated a phone line in return for a set amount – for set-up –and it offers a service allowing you to receive calls without paying, and it does not charge anything except the price of outgoing calls, then there is nothing wrong with what you have done, and you do not have to call other people in order for your action to be permissible, because the company has agreed to that and it has taken its due by charging the set-up fee, and it has taken the cost of the incoming calls to your phone from those who call you.

But if the company charges a fee for use of the phone per month in return for activating the line for both incoming and outgoing calls, regardless of whether the line is used for both, then it has the right to be paid these fees, even if the owner of the phone does not make calls and even if he does not receive them, because this fee is in return for a real benefit, and he is the one who is not making use of it. This is like when a car or apartment is rented but the renter does not make use of them until the contract period ends.

Your implementation of the answer is up to you in your country, depending on the system of the company that has activated the phone.

And Allaah knows best. Continue reading

Ruling on selling clothes when one does not know whether they will be used in halaal ways or haraam

I have some stores that sell men’s and women’s clothing in a number of shopping centres. I have read about the situations in which it is permissible to sell women’s clothes, and that it is not permissible to sell these clothes if the seller knows that the one who is buying them is going to use them in ways that Allaah has forbidden. But how can the seller or employees know that they are going to be used in ways that Allaah has forbidden? The seller may be in a position where he does not know how they are going to be used.

Praise be to Allaah.

With regard to women’s clothes that merchants sell in their stores, one of the following three scenarios must apply:

1 – The seller knows or thinks it most likely that these clothes are going to be used in permissible ways, and that they will not be used in haraam ways. There is nothing wrong with selling these clothes.

2 – The seller knows or thinks it most likely that these clothes are going to be used in haraam ways, i.e., the woman is going to wear them and adorn herself with them in front of non-mahram men. Selling these clothes is haraam, because Allaah says (interpretation of the meaning):

“but do not help one another in sin and transgression”

[al-Maa’idah 5:2]  Continue reading