what are the trials of thegrave that we ask allah (saw) to save us from.
Praise be to Allaah.
Firstly:
When the son of Adam dies and his soul departsand he is placed in his
grave, then he is in the first stage of the Hereafter, because the
grave is the first of the stages of the Hereafter.
It was narrated that Haani' the freed slave of 'Uthmaan ibn 'Affaan
said: when 'Uthman ibn 'Affaan stood by a grave he would weep until
his beard became wet. It was said to him, "You remember Paradise and
Hell and you do not weep, but you weep because of this?" He said, "The
Messenger of Allaah (peace and blessings of Allaah be upon him) said:
'The grave is the first of the stages of the Hereafter; whoever is
saved from it, whatever comes afterwards will be easier for him, but
if he is not saved from it, what comes afterwards will beworse for
him.'" And the Messenger of Allaah (peace and blessings of Allaah be
upon him) said: "I have never seen any scene but the grave is more
frightening thanit." (Narrated by al-Tirmidhi, 2308; Ibn Maajah, 4567;
classed as hasan by al-Albaani in Saheeh al-Jaami', 1684).
Secondly:
The two angels who are charged with questioning come to himand ask him
what he used to believe in in this world, who was his Lord,what was
his religion and who was his Prophet. If he gives a good answer, that
is good, but if he does not answer them they inflict a severe and
painful beating on him.
If he was one of the righteous, angels with white faces come to
him,but if he was one of the evildoers, angels with dark faces come to
him. This is the fitnah or tribulation that he suffers.
It was narrated from 'Aa'ishah that the Prophet (peace and blessings
of Allaah be upon him) used to say, 'Allaahumma inni a'oodhu bika min
al-kasali wa'l-haram wa'l-maghram wa'l-ma'tham. Allaahumma inni
a'oodhu bika min 'adhaab al-naar wa fitnat il-naar, wa fitnat
il-qabri, wa 'adhaab il-qabri, wa sharri fitnat il-ghina wa sharri
fitnat il-faqair wa min sharri fitnat il-maseeh il-Dajjaal. Allaahumma
ighsil khataayaaya bi ma' al-thalji wa'l-baradi wa naqqi qalbi min
al-khataaya kama yunaqqa al-thawb al-abyad min al-danas, wa baa'id
bayni wa bayna khataayaaya kama baa'adta bayna al-mashriqi
wa'l-maghrib (O Allah! I seek refuge with You from laziness and old
age, and from debts and sins; from the torment ofthe Fire and from the
tribulation of the Fire, and from the tribulation of the grave and the
torment of the grave, and from the evil of the tribulation of wealth,
and from the evil of the tribulation of poverty, and from the evil of
the tribulation of the Dajjaal(Antichrist). O Allah! Wash away my sins
with the water of snow and hail, and cleanse my heart from sin as a
whitegarment is cleansed from filth, and put a great distance between
me and my sins, as great as the distance You have made between the
East and the West)."
(Narrated by al-Bukhaari, 6014).
Ibn Hajar said:
The phrase "from the tribulation of the grave" means the questioning
of the two angels.
Fath al-Baari, 11/177.
And al-Mubaarakfoori said:
"The tribulation of the grave" means confusion when answering the two angels.
Tuhfat al-Ahwadhi, 9/328
Thirdly:
With regard to the questions that the angels will ask in the grave,
this is explained clearly in the following hadeeth:
It was narrated that al-Bara' (may Allaah be pleased with him) said:
We went out with the Messenger of Allaah (peace and blessings of
Allaah be upon him) for the funeral of a man from among the Ansaar. We
came to the grave and when (the deceased) was placed in the lahd, the
Messenger of Allaah (peace and blessings of Allaah be upon him) sat
down andwe sat around him, as if there were birds on our heads (i.e.,
quiet and still). In his hand he had a stick with which he was
scratching the ground. Then he raised his head and said, "Seek refuge
with Allaah from the torment of the grave", two or three times. Then
he said, "When the believing slave is about to depart this world and
enter the Hereafter, there come down to him from heaven angels with
white faces like the sun, and they sit around him as far as the eye
can see. They bring with them shrouds from Paradise and perfumes from
Paradise. Then the Angelof Death comes and sits by his head, and he
says,'O good soul, come forth to forgiveness from Allaah and His
pleasure.' Then it comes out easily like a drop of water from the the
mouth of a waterskin. When he seizes it, they do not leave it in his
hand for an instant before they take it and put it in that shroud with
that perfume, and there comes from it a fragrance like the finest musk
on the face of the earth. Then they ascend and they do not pass by any
group of angels but they say, 'Who is this good soul?' and they
say,'It is So and so the son ofSo and so, calling him bythe best names
by whichhe was known in this world, until they reach the lowest
heaven. They ask for it to be opened to them and it is opened,and (the
soul) is welcomed and accompanied to the nextheaven by those who are
closest to Allaah, until they reach the seventh heaven. Then Allaah
says: 'Record the book of My slave in 'Illiyoon in the seventh heaven,
and return him to the earth, for from it I created them, to it I will
return them and from it Iwill bring them forth once again.' So his
soul is returned to his body and there come to him two angels who make
him sit up and they say to him, 'Who is your Lord?' He says, 'Allaah.'
They say, 'What is your religion?' He says, 'My religion is Islam.'
They say, 'Who is this man who was sent among you?' He says, 'He is
the Messenger of Allaah (peace and blessings of Allaah be upon him).'
They say, 'What did you do?' He says, 'I read the Book of Allaah and I
believed in it.' Then a voice calls out from heaven, 'My slave has
spoken the truth, so prepare for him a bed from Paradise and clothehim
from Paradise, and open for him a gate to Paradise.' Then there comes
to him some of itsfragrance, and his grave is made wide, as far as he
can see. Then there comes to him a man with a handsome face and
handsome clothes, and a good fragrance, who says, 'Receive the glad
tidings that will bring you joy this day.' He says, 'Who are you? Your
face is a face whichbrings glad tidings.' He says, 'I am your
righteous deeds.' He says, 'O Lord, hasten the Hour so that I may
returnto my family and my wealth.' But when the disbelieving slave is
about to depart this world and enter the Hereafter, there come down to
him from heaven angels with black faces, bringing sackcloth, and they
sit around him as far as the eye can see. Then the Angel of Death
comes and sits by his head, and he says, 'O evil soul, come forth to
the wrath of Allaah and His anger.' Then his soul disperses inside his
body, then comes out cutting the veins and nerves, like a skewer
passing through wet wool. When he seizes it, they do not leave it in
his hand for an instant before they take it and put it in that
sackcloth, and there comes from it a stench like the foulest stench of
a dead body on the face of the earth. Then they ascend and they do not
pass by any group of angels but they say, 'Who is this evil soul?' and
they say, 'It is So andso the son of So and so, calling him by the
worst names by which he was known in this world, until they reach the
lowest heaven. They ask for it to be opened to them and it is not
opened." Then the Messenger of Allaah (peace and blessings of Allaah
be upon him) recited (interpretation of the meaning):
"for them the gates of heaven will not be opened, and they will not
enter Paradise until the camel goes through the eye of the needle"
[al-A'raaf 7:40]
He said: "Then Allaah says, 'Record the book ofMy slave in Sijjeen in
the lowest earth, and return him to the earth, for from it I created
them, toit I will return them and from it I will bring them forth once
again.' So his soul is cast down." Then the Messenger of Allaah
(peace and blessings of Allaah be upon him) recited the verse
(interpretation of the meaning):
"and whoever assigns partners to Allaah, it is asif he had fallen from
the sky, and the birds had snatched him, or the wind had thrown him
toa far off place"
[al-Hajj 22:31]
He said: "Then his soul is returned to his body, and there come to him
two angels who make him sit up and they say to him, 'Who is your
Lord?' He says, 'Oh, oh, I don't know.' They say, 'What is your
religion?' He says, 'Oh, oh, I don't know.' Then a voice callsout from
heaven, 'Prepare for him a bed from Hell and clothe him from Hell, and
open for him a gate to Hell.' Then there comes to him someof its heat
and hot winds, and his grave is constricted and compresses him until
his ribs interlock. Then there comes to him a man with an ugly face
and ugly clothes, and a foul stench, who says, 'Receive the bad news,
this is the day that you were promised.' He says, 'Who are you? Your
face is a face which forebodes evil.' He says, 'I am your evil deeds.'
Hesays, 'O Lord, do not let the Hour come, do not let the Hour come.'"
Narrated by Abu Dawood, 4753; Ahmad, 18063 – this version was narrated
by him. Classed as saheeh by al-Albaani in Saheeh al-Jaami', 1676.
The correct view is that the two angels will only question the
deceased inhis grave about matters of Tawheed (monotheism) and
'aqeedah (belief). This is quite clear.
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Islam is a religion of Mercy, Peace and Blessing. Its teachings emphasize kind hear tedness, help, sympathy, forgiveness, sacrifice, love and care.Qur’an, the Shari’ah and the life of our beloved Prophet (SAW) mirrors this attribute, and it should be reflected in the conduct of a Momin.Islam appreciates those who are kind to their fellow being,and dislikes them who are hard hearted, curt, and hypocrite.Recall that historical moment, when Prophet (SAW) entered Makkah as a conqueror. There was before him a multitude of surrendered enemies, former oppressors and persecutors, who had evicted the Muslims from their homes, deprived them of their belongings, humiliated and intimidated Prophet (SAW) hatched schemes for his murder and tortured and killed his companions. But Prophet (SAW) displayed his usual magnanimity, generosity, and kind heartedness by forgiving all of them and declaring general amnesty...Subhanallah. May Allah help us tailor our life according to the teachings of Islam. (Aameen)./-
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Sunday, January 20, 2013
the Signs of the judgement day - , Three questions in the grave.
the Signs of the judgement day - , Is it true that the Day of Judgement will come on a Friday, 10thMuharram?.
regards to the day of judgement. from what i have read in the
sahih(accurate) hadith itis stated that the day of judgement will come
on friday(10th moharram).My question is if it is friday in saudi
arabia then it will be another day in USA and so on....so basically it
is never friday all over the world at one time...please answer, this
has been troubling me for sometime.
Praise be to Allaah.
Everyone who gives a specific time or date for the onset of the Day of
Judgement is a fabricator and a liar. Theonset of the Day of
Resurrection is the "Hour" of which Allaah says (interpretation of the
meaning):
"They ask you about theHour (Day of Resurrection): 'When willbe its
appointed time?' Say: 'The knowledge thereof is with my Lord (Alone).
None can reveal its time but He'" [al-A'raaf 7:187]
But when the Day of Resurrection comes, at the time which is knownto
Allaah, which will be aFriday, then the system of this universe, with
its night and day, sun and moon and stars, will be changed. We do not
know whether the America which exists today will exist then or not,
for Allaah is Able to destroy whichever of these nations He wills
before the Day of Resurrection, for Allaah is Able to do all things.
sahih(accurate) hadith itis stated that the day of judgement will come
on friday(10th moharram).My question is if it is friday in saudi
arabia then it will be another day in USA and so on....so basically it
is never friday all over the world at one time...please answer, this
has been troubling me for sometime.
Praise be to Allaah.
Everyone who gives a specific time or date for the onset of the Day of
Judgement is a fabricator and a liar. Theonset of the Day of
Resurrection is the "Hour" of which Allaah says (interpretation of the
meaning):
"They ask you about theHour (Day of Resurrection): 'When willbe its
appointed time?' Say: 'The knowledge thereof is with my Lord (Alone).
None can reveal its time but He'" [al-A'raaf 7:187]
But when the Day of Resurrection comes, at the time which is knownto
Allaah, which will be aFriday, then the system of this universe, with
its night and day, sun and moon and stars, will be changed. We do not
know whether the America which exists today will exist then or not,
for Allaah is Able to destroy whichever of these nations He wills
before the Day of Resurrection, for Allaah is Able to do all things.
Maintaining the ties of kinship
various Hadeeth of the Prophet, , call strongly for the upholding of
kinship ties and encourage this by offering worldly and religious
rewards.
There is no doubt that a society whose members maintain family
relations and treat each other mercifully forms an invincible fortand
a fortified castle. It produces close-knit families and a solid social
structure that provides the world with leaders, instructors, thinkers,
teachers, callers and reformers, who carry the torches of guidance to
their nation and all of humanity.
This article focuses on upholding good relations with kindred, which
is among the greatest and noblest morals.
Definition
Kinship ties refer to a person's bond with his paternal and maternal
relatives; and, maintaining them implies being good and kind to one's
relations in both words and deeds. This includes visiting them, asking
after them, supporting the needyamong them and helping them with their
affairs.
There are many virtues of upholding kinship ties, as doing so is:
1- A sign of faith: Abu Hurayrah narrated that the Prophet, , said:
"Whoever believes in Allaah and the Last Day should behospitable to
his guest; and whoever believes in Allaah and the Last Day should
maintain his kinship ties; and whoever believes in Allaah and the Last
Day, should speak well or remain silent." [Al-Bukhaari] In this
Hadeeth, the Prophet, , referred to three things that make people
cooperate with and love each other: extending a warm welcome to
visitors, preserving the ties of kindred andusing kind words. In fact,
he, , established a connection between these qualities and faith, in
effect, saying that anyone who believes in Allaah The Almighty and the
Last Day does not sever his kinship ties; and, that is because
maintaining kinship ties is a sign of faith.
2- A cause for increased blessings in one's provisions and age: All
people want to have a luxurious and prolonged life, because the desire
for possessions and life aretwo basic instincts in every human being.
Therefore, whoever wants to achieve this should have good relations
with his or her family, as Anas narrated that the Prophet, , said:
"Whoever loves to be granted ample provisions and a long life, should
maintain good ties with his or her relatives." [Al-Bukhaari]. In a
different wording, 'Ali related that the Prophet, , added that if such
aman also "desires to be [..] protected against an evil end [of life],
let him fear Allaah The Almighty and maintain good ties with his
relatives." [Al-Bazzaar and Al-Haakim]
3- A reason for Allaah The Almighty to also maintain ties with a
servant and honor him or her: 'Aa'ishah related that the Prophet, ,
said: "The womb [i.e., ties of kinship] is suspended from the throne
[of Allaah The Almighty], saying: Whoever preserves me, Allaah will
uphold ties with him [or her] and he who severs me, Allaah willsever
the bond with him." [Muslim] Allaah The Almighty positively responds
to this plea, thereby treating with kindness those who keep good
relations with family and cutting off those who do not. And,
certainly, it would be horrible for a weak, helpless slave if Allaah
The Almighty severed ties with him.
4- A factor that enables one to be admitted to Paradise: The Prophet,
, said: "O people exchange greetings (i.e., say: 'As-salaamu 'Alaykum'
(peace be on you) to one another), feed people, maintain kinship ties
and pray at night when others are asleep, so that you may enter
Paradise in peace." [Ahmad, At-Tirmithi and ibn Maajah]
Maintaining ties of kinship does not mean visiting, helping or serving
one's relatives in return for similar deeds on their part. True
upholding of family relations is to do so with those kith and kin who
sever their bondwith us. Thus, it refers to visiting relatives who do
not visit us, and being good to those who wrong us. 'Abdullaah ibn
'Amr ibn Al-'Aas narrates that the Prophet, , said: "A man who
perfectly maintains the ties of kinship is not he who recompenses the
good done to him by his relatives; rather, he is the one who is on
agreeable terms with those kin who have severed [their] bond with
him." [Al-Bukhaari]
In another Hadeeth on the authority of Abu Hurayrah it was mentioned
that a man came to the Prophet, , and said: "I have relatives whom I
maintain ties with, but they cut me off, and I treat them kindly, but
they deal badly with me. I am gentle with them, but they are harsh to
me.'' The Messenger of Allaah, , replied: "If you are as you say, it
is as if you are feeding them hot ashes; you will have a supporter
from Allaah against them, as longas you continue to act the way you
are." [Muslim]
Imaam An-Nawawi said: "Hotashes are used as a metaphor to demonstrate
that such relatives bear as much guilt as the pain and agony
experienced by the person who eats them. As for theone who treats such
relatives kindly, there is no argument against him, rather they are
the ones who commit a grievous sin by mistreating and harming him."
Moreover, this Hadeeth is a consolation for the many who are afflicted
with rude relatives; in their repayment of evil with good and the
former's meeting their wickedness with goodness, it is evident that it
is only the
kinship ties and encourage this by offering worldly and religious
rewards.
There is no doubt that a society whose members maintain family
relations and treat each other mercifully forms an invincible fortand
a fortified castle. It produces close-knit families and a solid social
structure that provides the world with leaders, instructors, thinkers,
teachers, callers and reformers, who carry the torches of guidance to
their nation and all of humanity.
This article focuses on upholding good relations with kindred, which
is among the greatest and noblest morals.
Definition
Kinship ties refer to a person's bond with his paternal and maternal
relatives; and, maintaining them implies being good and kind to one's
relations in both words and deeds. This includes visiting them, asking
after them, supporting the needyamong them and helping them with their
affairs.
There are many virtues of upholding kinship ties, as doing so is:
1- A sign of faith: Abu Hurayrah narrated that the Prophet, , said:
"Whoever believes in Allaah and the Last Day should behospitable to
his guest; and whoever believes in Allaah and the Last Day should
maintain his kinship ties; and whoever believes in Allaah and the Last
Day, should speak well or remain silent." [Al-Bukhaari] In this
Hadeeth, the Prophet, , referred to three things that make people
cooperate with and love each other: extending a warm welcome to
visitors, preserving the ties of kindred andusing kind words. In fact,
he, , established a connection between these qualities and faith, in
effect, saying that anyone who believes in Allaah The Almighty and the
Last Day does not sever his kinship ties; and, that is because
maintaining kinship ties is a sign of faith.
2- A cause for increased blessings in one's provisions and age: All
people want to have a luxurious and prolonged life, because the desire
for possessions and life aretwo basic instincts in every human being.
Therefore, whoever wants to achieve this should have good relations
with his or her family, as Anas narrated that the Prophet, , said:
"Whoever loves to be granted ample provisions and a long life, should
maintain good ties with his or her relatives." [Al-Bukhaari]. In a
different wording, 'Ali related that the Prophet, , added that if such
aman also "desires to be [..] protected against an evil end [of life],
let him fear Allaah The Almighty and maintain good ties with his
relatives." [Al-Bazzaar and Al-Haakim]
3- A reason for Allaah The Almighty to also maintain ties with a
servant and honor him or her: 'Aa'ishah related that the Prophet, ,
said: "The womb [i.e., ties of kinship] is suspended from the throne
[of Allaah The Almighty], saying: Whoever preserves me, Allaah will
uphold ties with him [or her] and he who severs me, Allaah willsever
the bond with him." [Muslim] Allaah The Almighty positively responds
to this plea, thereby treating with kindness those who keep good
relations with family and cutting off those who do not. And,
certainly, it would be horrible for a weak, helpless slave if Allaah
The Almighty severed ties with him.
4- A factor that enables one to be admitted to Paradise: The Prophet,
, said: "O people exchange greetings (i.e., say: 'As-salaamu 'Alaykum'
(peace be on you) to one another), feed people, maintain kinship ties
and pray at night when others are asleep, so that you may enter
Paradise in peace." [Ahmad, At-Tirmithi and ibn Maajah]
Maintaining ties of kinship does not mean visiting, helping or serving
one's relatives in return for similar deeds on their part. True
upholding of family relations is to do so with those kith and kin who
sever their bondwith us. Thus, it refers to visiting relatives who do
not visit us, and being good to those who wrong us. 'Abdullaah ibn
'Amr ibn Al-'Aas narrates that the Prophet, , said: "A man who
perfectly maintains the ties of kinship is not he who recompenses the
good done to him by his relatives; rather, he is the one who is on
agreeable terms with those kin who have severed [their] bond with
him." [Al-Bukhaari]
In another Hadeeth on the authority of Abu Hurayrah it was mentioned
that a man came to the Prophet, , and said: "I have relatives whom I
maintain ties with, but they cut me off, and I treat them kindly, but
they deal badly with me. I am gentle with them, but they are harsh to
me.'' The Messenger of Allaah, , replied: "If you are as you say, it
is as if you are feeding them hot ashes; you will have a supporter
from Allaah against them, as longas you continue to act the way you
are." [Muslim]
Imaam An-Nawawi said: "Hotashes are used as a metaphor to demonstrate
that such relatives bear as much guilt as the pain and agony
experienced by the person who eats them. As for theone who treats such
relatives kindly, there is no argument against him, rather they are
the ones who commit a grievous sin by mistreating and harming him."
Moreover, this Hadeeth is a consolation for the many who are afflicted
with rude relatives; in their repayment of evil with good and the
former's meeting their wickedness with goodness, it is evident that it
is only the
The Salam is the payment in advance
The salam is payment in advance with delaying the receipt of the sold
item. The Muslim faqihs (jurists) define the salam as: "A contract
according to which the price of a clearly defined item is paid in
advance atthe place of concluding the contract, and the sold item is
to be received later."
This kind of transactions is permissible according to the Quran, the
Sunnah (Prophetic Tradition) and the consensus of Muslim scholars.
What proves that is what Allaah, The Exalted, Says (what means): {O
you who have believed, when you contracta debt for a specified term,
write it down...} [(Quran 2: 282]
Ibn 'Abbaas says: "I testify that Allaah has made lawful to
us(Muslims) to pay in advance for the price of a thing to be delivered
later after a specified term. He then recited this above-mentioned
verse."1
When the Prophet arrived at Madeenah and found its people paying in
advance the price of fruits to be delivered later after a year, two or
three, he said: "Whoever pays in advance the price of a thing - (or
"...of fruits..." according to another narration) - to be delivered
later should pay it for a specified measure at specified weight for
aspecified period." [Al-Bukhaari and Muslim]
This Hadeeth proves that the salam is permissible when these
conditions are fulfilled. Besides, Ibnul-Munthir and other scholars
report that scholars uniformly agree that the salam is permissible3.
Moreover, people need the salam, since one of the parties of the
transaction may be in need for being paid the price of an item in
advance while the other may be in need for buying an item for a cheap
price.
In addition to the conditions of selling, there are some conditions
necessary for validating the salam:
First: The sold item whose price isto be paid in advance must have
definite properties. This is because items whose properties cannot be
defined undergo many changes, which causes disputes between the two
parties of the sale (at the time of receiving the sold item).
Thereupon, the salam is not valid in items whose properties may
change, such as pulses, leather, utensils and jewels.
Second: The kind and the class of the sold item must be defined. For
example, if the sold item is wheat, the kind must be defined, which is
wheat here, and the class of that wheat must be defined such as
As-salamuni (a type of wheat).
Third: The sold item must be a specified quantity, weight or measure.
This is according to the meaning of the Hadeeth in which the Prophet
says: "Whoever pays in advance the price of a thing to be delivered
later shouldpay it for a specified measure or aspecified weight and
for a specified period." [Al-Bukhaari and Muslim]
Besides, if the quantity of the sold item is unspecified, it becomes
difficult to be exact.
Fourth: There must be a specified period for receiving the sold item.
This is because the Prophet says in the above-mentioned Hadeeth,
"...for a specified period." Besides, Allaah, Exalted be He, says
(what means): {O you who have believed, when you contract a debt for a
specified term, write it down...} [Quran 2: 282]
With regard to this issue, both the Hadeeth and the noble verse state
that in the salam both parties agree to the condition stating that the
sold item is to bedelivered later according to a specified period
known to both of them.
Fifth: The item sold must be present when the time of reception is
due, in order to be delivered at the stipulated time. Thereby, if that
item is not available when its time of delivery is due, the salam does
not become valid, such as paying the price of ripe dates and grapesin
advance and stipulating that the sold item be delivered in winter,
(such crops are not available at such a time).
Sixth: The price of the sold item must be paid fully in advance at the
time of concluding the contract. This is according to the Hadeeth in
which the Prophet ( ) says: "Whoever pays in advance the price of a
thing to bedelivered later should pay it for a specified measure..."
In this connection, Imaam Ash-Shaafi'i said: "The transaction of the
salam is not valid, except when the price is paid in advance and
before the two parties (the seller and the buyer) leave the place
where theyhave concluded the transaction. Besides, if the price of the
sold item is not paid at the time of concluding the contract, it will
beregarded as selling a debt for a debt, which is impermissible."
Seventh: The sold item is not to be specific (e.g. a certain house or
a specified tree). Rather, it should be regarded as a debt in the
seller's liability. Thereby, the salam is not valid when specifying a
certain house or a certain tree to be given, because this tree or
house may get damaged before being delivered to the buyer. In this
way, the desired purpose for which the salam has been decreed will not
be fulfilled.
Besides, the delivery of the sold item is to be in the same place
where the contract of the salam has been concluded, if possible.
Ifthis place is not fit for delivery (e.g. they concluded the contract
at a certain spot on land or at sea), then the place of delivery must
be mentioned in the contract. Moreover, if the two parties agree on
the place of delivery, the salam becomes permissible. Otherwise, they
must resort to the place where the contract has been concluded, for it
was fit for concluding the transaction from the start, as mentioned
before.
One of the rulings on the salam isthat it is impermissible to sell
theitem sold according to the salam to someone else (by the buyer)
before it is received. This is because the Prophet ( ) forbade selling
foodstuffs before receiving them4. In this case, the hawalah5 is
invalid, since the hawalah is only valid regarding a stable debt while
the salam can then be annulled.
Another ruling on the salam is that if the sold item is not present or
available at the due time, such as in cases when the trees have not
born fruits at the year of delivery, the one who has paid for the item
in advance may choose whether to wait until the fruits are available,
or he may askfor annulling the contract and ask for the money he has
paid. This is because in case the contract is annulled, it is
obligatory for the seller to repay the price paid in advance. If the
payment given by the buyer against the sold item is damaged, a
compensation for it must be paid. And Allaah, Exalted be He, knows
best.
In fact, allowing such a kind of transactions is a sign of the
facilitation and benevolence by which our Sharee'ah is characterized.
This is because thesalam facilitates many things for people and helps
them do what benefits them. Besides, the salamdoes not involve ribaa'
or the like of other forbidden transactions. All praise is due to
Allaah for the facilitation He grants.
Endnotes
1. Al-Hakim (3189) [2/342], Al-Bayhaqi (11081) [6/30] and 'Abur-Razzaq
(14064) [8/5].
2. Al-Bukhaari (2239) [4/540] and Muslim (4094) [6/42]. See also
Al-Bukhari (2253) [4/457].
3. See: "Al-Ijma ' " [p. 54]
4. Ahmad (15253) [3/402] and An-Nasaa'i (4610) [7/329].
5. Hawalah: The transference of a debt from the liability of the
debtor to the liability of another
item. The Muslim faqihs (jurists) define the salam as: "A contract
according to which the price of a clearly defined item is paid in
advance atthe place of concluding the contract, and the sold item is
to be received later."
This kind of transactions is permissible according to the Quran, the
Sunnah (Prophetic Tradition) and the consensus of Muslim scholars.
What proves that is what Allaah, The Exalted, Says (what means): {O
you who have believed, when you contracta debt for a specified term,
write it down...} [(Quran 2: 282]
Ibn 'Abbaas says: "I testify that Allaah has made lawful to
us(Muslims) to pay in advance for the price of a thing to be delivered
later after a specified term. He then recited this above-mentioned
verse."1
When the Prophet arrived at Madeenah and found its people paying in
advance the price of fruits to be delivered later after a year, two or
three, he said: "Whoever pays in advance the price of a thing - (or
"...of fruits..." according to another narration) - to be delivered
later should pay it for a specified measure at specified weight for
aspecified period." [Al-Bukhaari and Muslim]
This Hadeeth proves that the salam is permissible when these
conditions are fulfilled. Besides, Ibnul-Munthir and other scholars
report that scholars uniformly agree that the salam is permissible3.
Moreover, people need the salam, since one of the parties of the
transaction may be in need for being paid the price of an item in
advance while the other may be in need for buying an item for a cheap
price.
In addition to the conditions of selling, there are some conditions
necessary for validating the salam:
First: The sold item whose price isto be paid in advance must have
definite properties. This is because items whose properties cannot be
defined undergo many changes, which causes disputes between the two
parties of the sale (at the time of receiving the sold item).
Thereupon, the salam is not valid in items whose properties may
change, such as pulses, leather, utensils and jewels.
Second: The kind and the class of the sold item must be defined. For
example, if the sold item is wheat, the kind must be defined, which is
wheat here, and the class of that wheat must be defined such as
As-salamuni (a type of wheat).
Third: The sold item must be a specified quantity, weight or measure.
This is according to the meaning of the Hadeeth in which the Prophet
says: "Whoever pays in advance the price of a thing to be delivered
later shouldpay it for a specified measure or aspecified weight and
for a specified period." [Al-Bukhaari and Muslim]
Besides, if the quantity of the sold item is unspecified, it becomes
difficult to be exact.
Fourth: There must be a specified period for receiving the sold item.
This is because the Prophet says in the above-mentioned Hadeeth,
"...for a specified period." Besides, Allaah, Exalted be He, says
(what means): {O you who have believed, when you contract a debt for a
specified term, write it down...} [Quran 2: 282]
With regard to this issue, both the Hadeeth and the noble verse state
that in the salam both parties agree to the condition stating that the
sold item is to bedelivered later according to a specified period
known to both of them.
Fifth: The item sold must be present when the time of reception is
due, in order to be delivered at the stipulated time. Thereby, if that
item is not available when its time of delivery is due, the salam does
not become valid, such as paying the price of ripe dates and grapesin
advance and stipulating that the sold item be delivered in winter,
(such crops are not available at such a time).
Sixth: The price of the sold item must be paid fully in advance at the
time of concluding the contract. This is according to the Hadeeth in
which the Prophet ( ) says: "Whoever pays in advance the price of a
thing to bedelivered later should pay it for a specified measure..."
In this connection, Imaam Ash-Shaafi'i said: "The transaction of the
salam is not valid, except when the price is paid in advance and
before the two parties (the seller and the buyer) leave the place
where theyhave concluded the transaction. Besides, if the price of the
sold item is not paid at the time of concluding the contract, it will
beregarded as selling a debt for a debt, which is impermissible."
Seventh: The sold item is not to be specific (e.g. a certain house or
a specified tree). Rather, it should be regarded as a debt in the
seller's liability. Thereby, the salam is not valid when specifying a
certain house or a certain tree to be given, because this tree or
house may get damaged before being delivered to the buyer. In this
way, the desired purpose for which the salam has been decreed will not
be fulfilled.
Besides, the delivery of the sold item is to be in the same place
where the contract of the salam has been concluded, if possible.
Ifthis place is not fit for delivery (e.g. they concluded the contract
at a certain spot on land or at sea), then the place of delivery must
be mentioned in the contract. Moreover, if the two parties agree on
the place of delivery, the salam becomes permissible. Otherwise, they
must resort to the place where the contract has been concluded, for it
was fit for concluding the transaction from the start, as mentioned
before.
One of the rulings on the salam isthat it is impermissible to sell
theitem sold according to the salam to someone else (by the buyer)
before it is received. This is because the Prophet ( ) forbade selling
foodstuffs before receiving them4. In this case, the hawalah5 is
invalid, since the hawalah is only valid regarding a stable debt while
the salam can then be annulled.
Another ruling on the salam is that if the sold item is not present or
available at the due time, such as in cases when the trees have not
born fruits at the year of delivery, the one who has paid for the item
in advance may choose whether to wait until the fruits are available,
or he may askfor annulling the contract and ask for the money he has
paid. This is because in case the contract is annulled, it is
obligatory for the seller to repay the price paid in advance. If the
payment given by the buyer against the sold item is damaged, a
compensation for it must be paid. And Allaah, Exalted be He, knows
best.
In fact, allowing such a kind of transactions is a sign of the
facilitation and benevolence by which our Sharee'ah is characterized.
This is because thesalam facilitates many things for people and helps
them do what benefits them. Besides, the salamdoes not involve ribaa'
or the like of other forbidden transactions. All praise is due to
Allaah for the facilitation He grants.
Endnotes
1. Al-Hakim (3189) [2/342], Al-Bayhaqi (11081) [6/30] and 'Abur-Razzaq
(14064) [8/5].
2. Al-Bukhaari (2239) [4/540] and Muslim (4094) [6/42]. See also
Al-Bukhari (2253) [4/457].
3. See: "Al-Ijma ' " [p. 54]
4. Ahmad (15253) [3/402] and An-Nasaa'i (4610) [7/329].
5. Hawalah: The transference of a debt from the liability of the
debtor to the liability of another
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