Buying shares then selling them to get money for his brother (tawarruq)

My brother asked me to take out a loan from the bank in my name, in
the form of shares, and then sell them and give him the price in cash,
and he will pay the bank the instalments in full. I am uncomfortable
about this matter because he ispaying more than he took. What is the
ruling, may Allah bless you?.
Praise be to Allaah.
Firstly:
This transaction comes under the heading of tawarruq using shares
[tawarruq means buyingan item to be paid for at a later date, then
selling it – to someone other than the person from whom one bought it
– for cash, usually at a lower price], and calling it a loan is
clearly incorrect. This is why you felt uneasy about it, because if it
were a loan,it would not be permissible to pay more than you take.
We have previously discussed tawarruq using shares and the conditions
of its being permissible in detail, in the answer to question no.
118270 .
If the conditions of permissibility are met in this transaction, then
there is nothing wrong with you getting involved in it in order to do
an act of kindness to your brother. So long as the transaction is in
yourname, your giving the money to your brother isby way of a loan. So
if you buy the shares from the bank for 100,000 – for example – and
you sell them for 90,000, you are lending 90,000 to your brother, and
he is taking responsibility for the remaining ten thousand that
belonged to the bank, which you had to pay because of him. If the
lender is doing a favour to the borrower, he should not be penalised
for that. "No ground (of complaint) can there be against the Muhsinoon
(good-doers)" [al-Tawbah 9:91]. This is not regarded as a loan that
brings a benefit, because in fact it does not bring you any benefit
except in the Hereafter, in sha Allah. Concerning the reward for
giving a loan, the Prophet (blessings and peace of Allah be upon him)
said: "There is no Muslim who lends something to another Muslim twice,
but it will be like giving charity once." Narrated by Ibn Maajah
(2430); by Ibn Hibbaan in his Saheeh; and by al-Bayhaqi in a marfoo'
mawqoof report. Classes as hasan by al-Albaani in Irwa' al-Ghaleel,
5/225
And Allah knows best.

Ruling on investing money in return for a share of the profit

I have some money that Igave to an investment company to invest, and
it made some profit, but there was no agreementon a set percentage. Is
this riba or not?.
Praise be to Allaah.
If you agreed on that, there is nothing wrong with it. If the company
invested the money in return for half of the profit, or one-third, or
one-quarter, there is nothing wrong with it. But if they give you a
setamount (based on your capital), three or four or five per cent,
this is not permissible. But if you have a share of the profit in
return for giving them the money to use in buying and selling, or
other kinds of business, and you have half of the profit, or
one-quarter or one-fifth,that is fine. This is called mudaarabah.
But if they take the money from you and give you a set amount, such as
five percent, or one percent, this is riba and is not permissible. End
quote.
Shaykh 'Abd al-'Azeez ibn Baaz (may Allah havemercy on him)

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Day of Ashura

Muharram: 1st Month of the Islamic Calendar
Sunni References
The Tenth of Muharram and Ashurah
The Islamic year begins with Muharram ul Haram,the first month of the
Hijri Calendar. While followers of other religions spend their opening
month in worthless merriment, thefirst month of Islam teaches us
lessons of admonition, good counselling, knowledge of Allah Ta'ala,
sacrifice, selflessness, patience andseeking the pleasure of Allah
Ta'ala.
The tenth day of Muharram (Ashurah) has many distinctive qualitiesand
features. Allah Ta'ala created the heavens and the earth on this
blessed day. On this day He gave His infinite blessings and bounties
to many of His Prophets and delivered them from the clutches oftheir
enemies.
Allah Ta'ala created Hazrat Adam (Alaihis-Salam) in this month,
pardoned him of his mistake, and Hazrat Noah's (Alaihis-Salam) Ark
landed successfully on Mount Judi, and he saved Hazrat Ibrahim
(Alaihis-Salam) from fire and rescued Hazrat Musa (Alaihis-Salam) from
Pharaoh.
On the first of Muharram offer 2 rakats Nafl prayer.In each rakat
after Surah Fateha recite Surah Ikhlas3 times. After the Salam pray to
Allah Ta'ala for allyour needs and desires. From the blessing of this
prayer, Allah Ta'ala will appoint an angel for sucha person. The angel
will guide him or her to do only good deeds and prevent them in
engaging in sinful acts.
On the eve of "Ashurah" offer 100 rakats Nafl. In each rakat recite
Surah Ikhlas 3 times after SurahFateha. After Salam recitefirst
'Kalimah' 100 times. Allah Ta'ala will forgive all the sins of such a
person.
Dua-e-Ashurah - An insurance for a year's Life
Hazrat Imam Zainul Abidain (Radi Allah Anhu)reports that who ever
recites this dua( Dua-e- Ashurah ) on the tenth of Muharram, any time
aftersunrise and before sunset, or listens to its recitation from
someone else, Allah Ta'ala will certainly make it an insurance for a
years' life for him, by keeping death away from him. However, if one
is to become the victim of death in that year, they will by some
strange coincidence not remember to recite it.
Nafl Salat for the Eve of Ashurah
On the eve of Ashurah offer 4 rakats Nafl Salat as follows: In every
rakat after Surah Fateha recite"Ayetul Kursi" once and Surah Ikhlas 3
times. After completing this Namaz recite Surah Ikhlas100 times. Allah
Ta'ala will purify such a person of all their sins and grant them
endless bounties and blessings in paradise.
The Fast of Ashurah
On the 9th and 10th of Muharram, one should fast. If it is not
possible tofast on both days, then every effort should be made to fast
on the 10th day of Muharram, as there is great reward for this fast.
(Muslim Shareef).
The following are some of the desirable acts one should do on the day
of Ashurah:
1. To observe fast on this day.
2. To give as much charityas you can afford.
3. To perform Nafl Salat prayers.
4. To recite Surah Ikhlas 1000 times.
5. To visit and be in the company of pious Ulema.
6. To place a hand of affection on an orphan's head.
7. To give generously to one's relatives.
8. To put surma in one's eyes.
9. To take a bath.
10. To cut one's nails.
11. To visit the sick.
12. To establish friendly ties with one's enemies.
13. To recite Dua-e- Ashurah
14. To visit the shrines of Awliyas and the graves of Muslims.
Hazrat Abdullah bin Masood (RadiAllah Anhu), a Companion of the Holy
Prophet Muhammad (Sall Allahu Alaihi wa Sallam) reports the following
saying of the Messenger of Allah Ta'ala,"Whosoever prepares ample
foodand drink for his family on this sacred day and delights in
feeding them generously, Allah Ta'ala will increase His provisions for
that year and place much blessings and good therein."
Imam Hussain (Radi Allah Anhu) and his companions were martyred on the
tenth of this month.
Like any month in the Islamic Calendar there are in this first Islamic
month, many anniversaries which are celebrated every where in the w
orld.

The Historical Significance of Ashura

Mu'awiyah ibn Abu Sufyan (Radiyallahu 'anh) relates: I heardthe
Messenger of Allah (Subhanahu wa Ta'ala) say: "It is the day of
'Ashura. Allah (Subhanahu wa Ta'ala) has not made fasting obligatory
for you. But I am fasting. He who likes to observe fast among you
should do so, and he who likes not to observe it (does not have to)
observe it." [Sahih Muslim]
Abu Qatada (Radiyallahu 'anh) relates that the Holy Prophet
(Sallallahu 'alayhi wa Sallam) said that the fast on the 10th of
Muharram atones for the sins of the preceding year. [Sahih Muslim]
Abu Huraira (Radiyallahu 'anh) reports that the Holy Prophet
(Sallallahu 'alayhi wa Sallam) said that after Ramadan, the fasts of
Muharram have the greatest excellence. [Sahih Muslim]
Alhamdulillah, Allah (Subhanahu wa Ta'ala) has blessed us to see
another year. The first month of this year is Muharram. In this month
is an excellent day—the day of 'Ashura—which falls on the 10th of
Muharram. The Holy Prophet (Sallallahu 'alayhi wa Sallam) recommended
that we fast on this day, by his Sunnah. Healso indicated how we
should observe the fast of 'Ashura.
Hakam ibn Al-Arat (Radiyallahu 'anh) relates: I went to Ibn
Abbas(Radiyallahu 'anh)… I said to him: Tell me about fasting on
'Ashura. He said, "When you seen the new moon of Muharram count the
(days) and (begin to) observe faston the 9th." I said to him: "Is it
how the Holy Messenger of Allah (Sallallahu 'alayhi wa Sallam)
observed the fast?" He said,"Yes." [Sahih Muslim]
Hazrat Ibn Abbas (Radiyallahu 'anh) relates that when the Holy Prophet
(Sallallahu 'alayhi wa Sallam) said: "If I survive till next year, I
will definitely observe fast on the 9th of Muharram (as well)." [Sahih
Muslim]
(Note: What the Holy Prophet (Sallallahu 'alayhi wa Sallam) meant was
that he would also fast on the 9th as well as the 10th to which he was
accustomed. We also should try fasting on the 9th and the 10th
ofMuharram.)
Hazrat Ibn Abbas (Radiyallahu 'anh) reports that the Holy Prophet
(Sallallahu 'alayhi wa Sallam) arrived in Madinah and found the Jews
observing fast on the day of 'Ashura… They said: "It is the day of
great (significance) when Allah delivered Hazrat Musa('Alaihis-Salaam)
and his people and drowned Pharoah and his people, and Sayyidina Musa
('Alaihis-Salaam) observed fast out of gratitude. And we also observe
it." The Holy Messenger of Allah (Sallallahu 'alayhi wa Sallam)
responded: "We have more right, and we have closer connection with
Sayyidina Musa ('Alaihis-Salaam) than you have"; so Allah's Messenger
(Sallallahu 'alayhi wa Sallam) observed fast (on the day of 'Ashura)
and gave us orders to observe it. [Sahih Bukhari and Muslim]
'Ashura is a day of great historicalsignificance. On this day: Allah
(Subhanahu wa Ta'ala) accepted the repentance of Sayyidina
Adam('Alaihis-Salaam) after his exile from Paradise; Allah (Subhanahu
wa Ta'ala) saved Sayyidina Nuh ('Alaihis-Salaam) and his companions in
the ark; Allah extinguished the fire in which Sayyidina Ibrahim
('Alaihis-Salaam) was thrown by Nimrod; And Allah (Subhanahu wa
Ta'ala) spoke directly to Sayyidina Musa ('Alaihis-Salaam) and gave
him the Commandments. On this same 10th of Muharram, Sayyidina Ayyub
('Alaihis-Salaam) was restored to health (from leprosy); Sayyidina
Yusuf ('Alaihis-Salaam) was reunited with his father Ya'qub
('Alaihis-Salaam); Sayyidina Yunus ('Alaihis-Salaam) was taken out
from the belly of the fish; and the sea was divided as the nation of
israel was delivered from captivity and Pharoah's army was destroyed.
'Ashura is also the day when Sayyidina Dawud ('Alaihis-Salaam)was
forgiven; the kingdom of Sulaiman ('Alaihis-Salaam) was restored;
Sayyidina Isa ('Alaihis-Salaam) was raised to Jannah andSayyidina
al-Husayn (Radiyallahu 'anh) (the Holy Prophet's, Sallallahu 'alayhi
wa Sallam, grandson) achieved the honor of Martyrdom.
Worship Allah (Subhanahu wa Ta'ala) as much as you can on 'Ashura.
Whoever fasts on this day is like one who fasts all his life. Whoever
clothes a naked person Allah (Subhanahu wa Ta'ala) will release him
from a painful punishment. He who visits a sick person, Allah
(Subhanahu wa Ta'ala) will grant him a reward that will not be
decreased. Whoever places his hand on an orphan's head, or feeds a
hungry person or gives water to a thirsty man, Allah will feed him a
feast from Paradise and will quench his thirst with Salsabil (a wine
that does not intoxicate). And who ever takes a Ghusl on this day will
enjoy excellent health and freedom from sickness and indolence.
Whoever provides generously for his family on this day, Allah
(Subhanahu wa Ta'ala) will be generous to him throughout this year.
And whoever applies Kuhl to his eyes will never suffer from eye-sore
again, inSha'Allah al-Aziz.
O' Allah! Bless us to perform gooddeeds and gain their reward on
'Ashura. Make the new year one of unity, cooperation and successfor
Muslims in this city and around the world. Ameen.
1. These are mentioned as what scholars have determined as the
specialties of that day in Ghunya li-Talibi Tariq al-Haqq, Sayyidina
Abdul Qadir al-Jilani.
2. These specialties are mentioned in Ghunya li-Talibi Tariq al-Haqq,
Sayyidina Abdul Qadir al-Jilani.

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