Thus, the latter should be refunded.
Thus, the latter should be refunded. It is mustahab to accept the shortfall (naqis) and give away the gain (rajih). Flexibility in pricing is called for. It is also mustahab to keep a business facility open. It is recommended to vigorously seek work and go about one’s business to earn a living for oneself and dependants. It is mustahab to be charitable and magnanimous in selling, and making an effort to seek out good quality merchandise for selling.
Searching for work, albeit away from home (ightirab) and getting up early to report for it is mustahab. Finally, there is a type of business activity that is neither loved nor hated by the Lawgiver. One is free to pursue or leave, as is the case of many business activities prevalent nowadays. Furthermore, Islam has devised an array of conditions that should be fulfilled. Some are applicable to the merchandise itself, and sale agreement; others concern vendor and buyer.
* What conditions should be present in what is being sold? - Many. These are: 1. The knowledge of the quantity, weight, number, area, etc., as the case may be, of what is being sold. 2. The ability to deliver what has been sold. One cannot sell fish in the river, i.e. that has not been caught, or a flying bird. It is feasible, though, if the buyer is himself able to take delivery of that which has been sold, such as a runaway animal. 3.
Knowledge, in general terms, of particular attributes, of the thing sold, such as colour, taste, good or inferior quality that may lead to a variation in price. 4. The thing sold should be free from any third party rights. It is permissible to sell a pawned item without the permission of the original owner; likewise, it is not permissible to sell an endowment, unless it is no longer viable in serving the public interest, or it was becoming unviable. 5.
In certain cases, the thing sold should be the capital asset itself, i.e. a house, a book, an instrument, not the benefit/usage thereof. That said, my father added: Suppose certain commodities in a given country are only sold by weight, you should not attempt to sell them differently, say, by piece and so on. This is so as not to mislead the buyer. * Could you give me an example? - If selling apples in a given country is normally done by weight, you should not attempt to sell them individually.
And if milk is sold by litre in a particular country, you are not allowed to sell it by weight. There are, though, conditions that should be present in the transaction, e.g.