Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

he should not have made that promise. After the agreement the
seller may give a part of the themen (price) as a present to the
buyer even if he has gotten possession of the entire themen. An
addition to the amount of the mebî’ or a partial reduction on the
themen on the part of the seller after the agreement is to be
included in the original agreement. In other words, it will be as if
the agreement had been made on the supplemented mebî’ or the
themen pared down. Supposing a bargain is made upon the sale of
twenty water melons for twenty liras; now, if the seller says to the
buyer, “I have given you this bowl, too,” the sale will be
permissible if the buyer accepts it on the spot. The twenty water
melons and the bowl will have been sold for twenty liras. The sale
would be fâsid if the item or amount added by the seller were
something whose sale were not permissible or which were faulty or
defective. After the agreement has been made, the seller may give
a part or all of the themen as a present to the buyer. Yet this giftgiving
is not to be a part of the original agreement.” It is stated in
the explanation of the nine hundred and fifty-eighth (958)
paragraph: “A person who wastes and depletes his property
uselessly is called a sefîh (spendthrift). Not only is inattention in
buying and selling an indication of being a spendthrift, but also
some people’s being cheated is a wily and deliberate inattention.”
[Hence, if the seller promises before the sale agreement that he
will give additional gifts to the customers, and if this gift-giving is
not stipulated during the bargaining, it will be permissible, after
the sale agreement, for the seller to remind (the customers) of his
own promise and to give (the customers) what he has promised.
On the other hand, it would be a gamble, which is harâm, to hold
a lottery among the customers and give the gifts only to those who
win. The first chapter of the sixth fascicle of Endless Bliss enlarges
on this subject.]
It is stated as follows concerning a sale that is fâsid in the book
entitled Bahr-ul-fatâwâ: “Since something obtained by way of
gambling is not a mulk (property owned), it is not permissible to sell
or buy it or to eat it. A stipulation that is fâsid makes an exchange
of goods fâsid. For, a stipulation that is fâsid involves an addition in
return for nothing, which in effect means fâiz (interest). However,
it does not make fâsid an exchange wherein property is changed for
something that is not property; and it does not make a gift fâsid,
either. It is stated as follows in its section dealing with kerâhiyyat:
“As is written in detail in the book entitled Behjet-ul-fatâwâ, too,
‘it is not permissible for a woman to show herself, (i.e. parts of her
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