Section
Prohibited sales fall into two categories: those prohibited on account of a person’s right, and those prohibited on account of Allah Most High’s right. Sales prohibited on account of a person’s right are subject to the approval of the person whose right occasioned the prohibition. Those prohibited on account of Allah Most High’s right fall into four categories: (First) sales prohibited because of their connection with something forbidden by Islamic law, without being directly covered by a prohibition or breaching any condition required for their validity. (Second) sales directly covered by a prohibition, without breaching any condition required for their validity. (Third) sales that breach a condition of their validity. (Fourth) sales with stipulations, which jurists call buyūʿ al-thunyā.
Section
The first category comprises sales prohibited because of their connection with something forbidden, without being directly covered by a prohibition or breaching any condition of their validity. An example is someone who sells before performing the prayer, so near the end of its prescribed time that he can perform only one unit of prayer before it expires, knowing that engaging in the sale will cause him to miss the entire remaining time. Other examples include buying and selling on usurped premises and similar transactions. A sale conducted in this manner is unlawful, prohibited, and impermissible. Nevertheless, if it takes place, there is agreement that it is not rescinded, whether or not the item remains available for restitution.
An exception concerns sales of this kind in which the reason for the prohibition persists as long as the item sold is retained. Examples include a Christian’s purchase of a copy of the Quran or a Muslim slave, or the purchase of a debt owed by someone with the intention of harming him. One view is that the sale is rescinded because the reason for the prohibition persists after the sale. Another is that it is not rescinded, and that the reason for the prohibition is removed by having what was purchased compulsorily resold.
Section
As for the second category, namely sales directly covered by a prohibition without breaching any of the conditions