Heavenly Jewels

RELATED MASAAIL Rule- Ba'ee (sale) according to the terminology of the Shariah is the exchange ofgoods between two people in a specific manner. It sometimes occurs through utterance and at times through action. If done through utterance, then Ijaab and Qabool are its Arkaan, e.g. one of them says, "I have sold," and the other says, "1 have purchased,". I f done through action then the taking and giving of the goods and money are its Arkaan (pillars) and this action will be in place of the Ijaab and Qabool. The Ba' ee done through action is known as Ba' ee-e-Ta' aati . (General Books) Rule- It is not necessary that "I have sold" and "I have purchased" be said for Ba'ee to be complete. Ifother words are used besides these, still too will the sale be correct, e.g. "Give me for eight rand?" to which it is said, "Take it"as a reply. (Alamghiri) Rule- If something is not present rather it is feared that it does not even exist then its sale cannot take place, e.g. sale of milk in a teat as it is possible that it has none. (General Books) Rule- The price of whatever item on sale should be known exactly so that it does not lead to any fighting or contesting. If it is not properly known and dispute can arise through it, then the Ba'ee is not Sahih (correct). (GeneralBook<;) Rule- I fa person says, " Take this item and think about it today. Ifyou l ike it, its price is 1 000" and another takes it then the Ba'ee will be permissible. (Khaaniya) Rule- The Baae (.<;eller) and Mushtari (buyer) both have the right to not absolutely do Ba' ee rather they can put a condition at the time ofbuying and selling for the sale not to occur if the item is not l iked or one is not content with the sale. This is known as Khiyaare-Shart. This gives both the Ba' ee and Mushtari, time to contemplate and ponder over the sale and item as well as take consultation from others regarding it. (Bahare­ ShariaO 266