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Chapter 419 of 5614 min read
مسائل في الخطبة والنكاح
Therefore, C cannot really have any effect in that case and there is no harm in what he does. see Abdul Rahmaan Itr, Khitbah al-Nikaah (Al-Zarqaa, Jordan: Maktabah al-Manaar, 1985), pp. 1331 73. 1 Al-Nawawi, Sharh Matn, p. 1 32. 2 Cf., ibn Rajah, Jaami, vol. 2, p. 270. Hadith #35: "Do not be envious of one another. . . " Ibn Uthaimeen argues that the meaning is more general than that. Even after the option period has expired, it is not allowed for a third party to give a better offer to the buyer or seller, as in the respective examples given above. His argument is that, although the time of option has expired, the person who has received the new offer will try to find any "legal" excuse to cancel the first contract. A buyer, for example, may try to spot any type of defect in the merchandise so he can have an excuse to return the item. Then he will buy the item from the one who gave him the new lower offer. In any case, says ibn Uthaimeen, even if he cannot do that, he will feel sorry for the purchase he made and he may even become angered at the one who sold him the item at too high of a price. Therefore, even after the period of option has expired, one must avoid such behavior. However, ibn Uthaimeen states, if the time period between the original purchase and new offer was a long one, then there is no harm in offering the person a better deal as there is nothing that he can do about the first contract. 1 Furthermore, prices change over time and there would be no reason for the buyer or seller to be upset about his past purchase which may have been at the going price at the time. Some scholars, in particular some Hanbalis, state that the prohibition mentioned in this hadith is one of disapproval and not of strict prohibition. However, ibn Rajah, himself a Hanbali, stated that the correct opinion is the opinion of the majority of the scholars that what is meant here is strict prohibition and not simply disapproval.2 The Validity of Such a Business Transaction There is no question that such an act as undercutting one's brother is morally wrong and the one who does that is a sinner. However, that in itself does not necessarily imply that such a business transaction is null and void. In fact, the scholars have differed over this question. According to Abu Hanifah, al-Shafi'ee and the majority of the Hanbalis, the second business transaction wherein a Muslim undercut his brother, as in the examples given above, is valid. There is one narration, however, from Ahmad that states that it is null and void.3 1 Cf., ibn Uthaimeen, Sharh Riyaadh, vol. 4, pp. 714-716. 2 Ibn Rajab, Jaami, vol. 2, p. 271 . 3 Cf., ibn Rajab, Jaami, vol. 2, p. 271 . Incidentally, they have similar opinions concerning the case where one Muslim proposes against his brother and the woman changes her mind and accepts the second proposal. Malik, though, stated that if the two should get married and the marriage had not yet been consummated, then the marriage should be annulled and the woman taken back to the first one she was engaged to. (See ibn Rajab, Jaami, vol. 2, p. 271 .) Commentary on the Forty Hadith of al-Nawawi Ethics and Business Dealings in Islam This hadith of the Prophet (peace be upon him) demonstrates the emphasis that the teachings of Islam give to business transactions. Business dealings in Islam are not simply a matter of getting ahead in this world. They are not cutthroat competition or taking advantage of others. Instead, they are based on a very strong ethical basis. A Muslim realizes that every business transaction is a question of morals and ethics. Business transactions are an essential aspect of any developed society. The Prophet (peace be upon him) gave a great deal of guidance concerning business transactions. Muslims must heed this guidance. This guidance will, Allah willing, go a great way in removing many problems and feelings of hatred that are the result of unjust or improper business practices. Furthermore, the feeling of brotherhoodloving for one's brother what one loves for oneselfshould permeate all business transactions. How can brothers be considered true brothers to one another when they are willing to cheat each other or lie to each other simply for the sake of the dollar? The Prophet (peace be upon him) said, ,,, ,,,. ,... .:; 13" '. S-1 lTI' 'S·. I \T\' ' \S \T\ G...:.:., ਗUI ' ' ఖ :J IS .r" :J (. .