Notes: Wakalah (Agency): A legal mechanism in Islamic law where a person (muwakil, principal) appoints another (wakil, agent) to act on their behalf. Key Vocabulary: Wakil: Agent. Muwakil: Principal or person delegating the authority. Bay’: Sale or trade. Nuqsan: Deficiency, loss, or underpricing. Taqwim: Valuation of items by valuators. Muqawwim: Valuators or those who determine the fair market value. Daman: Guarantee or indemnity. Rital: A unit of weight, often referring to kilograms or a similar measure. Key Masa’il (Rulings) 1. Selling by a Wakil Scenario: A muwakil appoints a wakil to sell an item (e.g., cars, slaves, or other commodities). Key Question: Can the wakil sell the item at any price, or must the price adhere to specific guidelines? Opinions: Imam Abu Hanifa: A wakil can sell the item for any price, whether it's a high price or a low price. Rationale: The principal has given the agent broad authority to sell the item, trusting their judgment. Imam Abu Yusuf and Imam Muhammad: The wakil must sell the item at a price that is within the reasonable market range. The range is defined by the typical variance in market prices where people generally do not feel cheated (ma yata-ghabanu al-nasu fihi). Example: If an item's market price is £10,000, the allowable range may be £8,000 to £12,000. Selling for less than £8,000 would be impermissible as it constitutes a severe loss. 2. Buying by a Wakil Scenario: A muwakil appoints a wakil to buy an item (e.g., a house or commodity). Key Question: What are the price limits for the purchase? Opinions: The wakil can buy the item: At its market value or At a slightly higher price within the range where people generally do not feel overcharged (ma yata-ghabanu al-nasu fihi). Example: For a house valued at £50,000: Allowable price range: £45,000 to £55,000. Anything above £55,000 is considered excessive and not permissible. 3. Guaranteeing a Sale (Daman) Scenario: A wakil appointed to sell an item offers to guarantee payment for the item in case the buyer defaults (e.g., "If the buyer doesn’t pay, I will cover the cost"). Ruling: Such a guarantee is not allowed. Rationale: The wakil's role is to facilitate the sale, not to become personally liable for the payment. This type of arrangement undermines the contractual nature of the agency and may lead to conflicts of interest. 4. Partial Sale of a Slave Scenario: A muwakil appoints a wakil to sell a slave. The wakil sells only half of the slave. Opinions: Imam Abu Hanifa: The sale is valid. Rationale: Selling half of the slave is considered part of fulfilling the contract, as the other half can be sold later. Imam Abu Yusuf and Imam Muhammad: The sale is invalid. Rationale: The agreement was to sell the entire slave, and partial fulfillment does not meet the contractual requirement. 5. Partial Purchase of a Slave Scenario: A muwakil appoints a wakil to buy a slave. The wakil purchases only half of the slave. Ruling: The purchase is pending until the wakil completes the purchase of the remaining half. Rationale: A slave is considered an indivisible commodity in this context. The term "buy a slave" implies the purchase of the entire individual. 6. Buying in Excess of Quantity Scenario: A muwakil appoints a wakil to buy 10 kg of meat for £1. The wakil manages to secure a deal where he buys 20 kg of meat for the same price. Opinions: Imam Abu Hanifa: The muwakil is only responsible for paying for the originally agreed quantity (10 kg). Rationale: The agreement specified 10 kg, so any additional purchase is the wakil's responsibility. In this case: The muwakil pays £0.50 (half of the price) for 10 kg. The remaining 10 kg is the wakil's liability. Imam Abu Yusuf and Imam Muhammad: The muwakil must pay for the entire quantity (20 kg). Rationale: The wakil acted in the muwakil's best interest by securing a better deal. Concepts of Valuation Taqwim al-Muqawwimin: Market valuation by experts or valuators. Valuators determine the reasonable market range for prices. Example: Market value of a car: £10,000. Allowable range: £8,000 to £12,000. Any sale outside this range is considered excessive and may not be permissible. Review Questions How much can a wakil sell an item for according to Abu Hanifa and the sahibain? What is the ruling if a wakil guarantees a sale price? If a wakil sells only half of a slave, is the sale valid? What happens if a wakil buys more than the agreed quantity for the same price? Explain the concept of Taqwim al-Muqawwimin. Practical Examples Selling a Car: A wakil is appointed to sell a car worth £10,000. Abu Hanifa: Can sell it for any amount. Sahibain: Must sell within the range of £8,000 to £12,000. Buying a House: A wakil is tasked with buying a house worth £50,000. Maximum allowable price: £55,000. Meat Purchase: A wakil is asked to buy 10 kg of meat for £1. If the wakil buys 20 kg for £1: Abu Hanifa: The muwakil pays for 10 kg (£0.50). Sahibain: The muwakil pays for all 20 kg.
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Assalamualaikum this is the first time that I'm watching your videos after the video of verse 26 of surah Al baqarah I want to thank you for explaining it simply and also ask you if you are a sunni if you follow the tradition of our prophet Muhammad as