If you reflect on the matter, you will find that there is nothing in the Sacred Law to prohibit this. For prohibited transactions—as Shaykh al-Islam stated, and his statement is correct—are based upon three things: injustice, excessive uncertainty, and gambling. Thus, whenever you find a transaction containing any one of these three matters, know that the Sacred Law does not approve of it. As for anything else that benefits people and facilitates their affairs, seek Allah’s help and rule that it is lawful, unless its prohibition becomes clear to you.
If you issue a ruling permitting something whose prohibition has not become clear, then you are correct, because the basic principle regarding transactions is permissibility. On the Day of Resurrection, Allah, exalted is He, will ask you: “Why did you forbid My servants what I had not forbidden?” What answer would there be? You would have no answer. But if you permitted them something that you did not know to be unlawful, you would say: “My Lord, I acted in accordance with a legal principle: ‘The basic rule is permissibility.’”
Every condition not found in the Book of Allah is invalid. Yet the Book of Allah contains nothing establishing the invalidity of this condition. Muslims are bound by their conditions, and Allah, exalted is He, says:
“O you who believe, fulfil all contracts.” [al-Ma’idah 5:1]
In this particular matter, a person should give greater weight to permissibility, because declaring what is unlawful to be lawful in transactions is less serious than declaring what is lawful to be unlawful. Permitting what is unlawful in transactions rests upon an underlying principle, whereas prohibiting what is lawful rests upon no principle and imposes hardship upon Allah’s servants without proof from Allah, exalted is He.
This principle, Allah willing, is beneficial; it benefits us and others. If only people would act according to it. But people have now begun