Heavenly Jewels

ifhe intentionally and wrongfully c laimed it and MrY gave it to him for any reason and he took it, then this taking is Haraam and the profit is impermissible, dirty- money, because whatever is gained through Gasab , is also Haraam. (Falhul-Qadeel� Durre-Mukhtaar) RlIle- If a progenitor acquired wealth through Haraam methods and after he dies, it is inherited then it is waajib on the inheritors to return it to the rightful owners i f they are known by them. I f it is not known who the owners are, then the inheritors should give the wealth out in charity on behalf of the owners. I f the wealth of the progenitor is mixed with Halaal and Haraam money and it is not known exactly how much is permissible and forbiddenwealth, then Fatwa is that thewealth is Halaal for the Waaris but p iety is that they should abstain from it. (Raddul­ Muhtaar) Rule- It is not necessary on the buyer to ask the seller if the items for sale is Halaal or Haraam. Yes if the seller is a person who sells all kinds of goods , Halaal and Haraam, e.g. usurped or stolen goods, then caution is in asking. l f i t is Halaal, it can be bought but ifit is Haraam, it cannot be purchased. (A lamghri) BA'EE-E-MAKROOH According to the Shariah, Ba'ee-e-Makrooh is also prohibited and he who does it is a sinner. Although the Fuqahaa have lessened i t ' s standing in relations to Ba' et:;-e-Faasid, they still state that this Ba' ee should be nullified as this is the want of Dayaanat (honesty) . The following are differences between Ba' ee-e-faasid and Ba'ee-e-makrooh. l . If the Aaqidain (buyer and seller) do not make Faskh of Ba' ee-e­ Faasid then the Qaadhi can forcefully do so but he cannot do this in Ba'ee-e-Makrooh, rather it is the responsibility of the Aaqidain to make Faskh on the basis ofhonesty. 2. The market rate is waaj ib in Ba' ee-e-Faasid while the agreed amount is obligatory in Ba 'ee-e-Makrooh. 274