Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

to someone else on credit before having possession of it. If the
property owed to him as a result of a purchase were not something
like a house or a piece of land but something movable, it would not
be permissible to sell it even for ready money before having taken
possession of it. [Please see the final part of the twenty-ninth
chapter!]
If a person is desperately hungry or thirsty or destitute or
homeless, it is fâsid to sell him his needs for a price higher than
their themen-i-mithl, i.e. their highest market price, by a degree of
cheating termed ghaben-i-fâhish. It would be fâsid also to buy
something from a poor person who were compelled to sell it in
order to earn a sustenance by cheating him in a measure termed
ghaben-i-fâhish. Ghaben-i-fâhish is defined towards the end of the
thirtieth chapter.
It is sahîh for a disbeliever to buy a copy of the Qur’ân alkerîm.
However, he must be forced to sell it.
It is permissible to sell a worn and torn copy of the Qur’ân alkerîm
and buy a new one or to demolish a decrepit mosque and
spend the money for another mosque. A waqf is something
devoted by an individual person. Buildings that have been bought
with the money belonging to the awqâf are not waqfs. If a waqf
building is demolished and another building is made with the
money obtained thereby, the new one is no longer a waqf building.
It is the Beyt-ul-mâl’s property. It is harâm to eat the fruits in the
yard of a waqf building. The fruits, as well as the grass therein, are
sold and the money is spent for the repairments done on the
building. Its trees cannot be sold.
There are two sorts of conditional sales: The first one is ta’lik
(postponement), in which the sale is made dependent on a
condition by (one of the two people’s) saying, for instance, “I
have sold this commodity to you (or I have bought this
commodity from you,) on condition that such and such event
should, (or should not,) take place,” and the second person’s
accepting it. A sale that is made dependent on a condition will be
bâtil. The second one is taqyîd (restriction), in which the sale is
limited to a condition by (the first person’s) stipulating, for
instance, “I have sold this commodity to you, (or I have bought
this commodity from you,) on condition that you should, (or
should not,) do this or that,” and the second person’s accepting it.
This sort of stipulation may be jâ’iz (permissible) or mufsid or
laghw (valueless). A stipulation that is jâ’iz is binding. A sale that
has been made by stipulating a condition that is laghw is sahîh; yet
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