Marketable & not Marketable things

CR (1) Transaction of wines, intoxicating liquors, flesh of dead animals, non-hunting dogs and swine is unlawful and invalid, regardless, such transactions are in the form of buying, selling, renting, payment for Ju'ala, in dowry (mahr) or what a wife pays to the husband to get divorced. Other unclean substances, apparently, can lawfully be exchanged in a transaction; provided, they have some intended lawful use, like fertilizer and agricultural use and blood for transfusion. Also in the latter case it is lawful to use them in other forms of business transactions or giving as gifts.

CR (2) In the case of the unclean substances, which cannot lawfully be used in a transaction, it is possible for their owners to have the right of appropriating them. For instance, if one has vinegar, and it becomes wine or his animal dies or non-hunting dog catches a prey it is not lawful for others to have any of such property from him without his consent. This also applies to all other such cases. In such a case, it is lawful for the owner to exchange such rights in a transaction and receives some other property, which then becomes lawfully his. For instance, another person may give him some property to leave such substances for him.

CR (3) Apparently, the dead bodies of such animals as fish and locusts, although not unclean, cannot lawfully be exchanged in a transaction even if they may have some intended lawful benefits according to common sense which would allow giving of some property in exchange for such dead bodies. However, it is allowed to spend some property for such substances to make the owner leave them to the spender as mentioned in the case of unclean substances.

CR (4) It is lawful to exchange in a transaction those parts of a dead body which originally have no life such as hairs etc., provided, they have some lawful benefit of some significance.

 

CR (5) It is lawful to benefit from the unclean substances, in ways other than those not lawful. Thus, it is not an offense to benefit from the unclean substance as fertilizer or fuel, or paints etc.

CR (6) It is lawful to exchange in a transaction the clean dung, wastes and urine of animals, provided, they may have lawful benefits of some significance.

CR (7) It is lawful to exchange in a transaction the substances which have become unclean, such as oil, honey and fruits, because of coming in contact with some unclean substance, provided, they have lawful benefits of some significance according to common sense. In such a case, it is necessary to let the buyer know that they are not clean. If they may not have any such lawful benefits, it is not lawful to exchange them in a transaction, according to a precautionary reason, apparently, they will still be considered the property of the owner and he is entitled to receive some property to leave his right to the other party.

CR (8) The exchange of what is an instrument for an unlawful act, if mostly used for such reason, in a transaction is not lawful such as pipes, idols, Crosses, drums, gambling tools such as chess etc. There is no doubt that turntable of songs is one of such items. Likewise, is the cassettes of songs, however, the box of the turntable like radio is of the tools which have both lawful and unlawful use, therefore, it is not an offense to exchange it, as in the case of radio, in a transaction as well as listening news, recitation of the holy Quran and all the recordings that lawfully could be listened to. If television according to the common sense be considered an instrument only for useless amusements, it is not lawful to exchange it in a transaction or use it, but there is no offense to watch its movies if they do not cause excitement to satanic desires or the programs which provide one with knowledge or relaxation. If it so happens that its intended lawful use becomes frequent enough and common sense would no longer consider it an instrument of useless amusements, it is lawful to exchange it in a transaction and use it, thus, it would be like radio, and its unlawful uses are those that arouse satanic desires. There is no offense in exchanging in a transaction the cassette recorders or using them.

CR (9) As it is unlawful to exchange in a transaction the above-mentioned instruments it is also unlawful to manufacture or rent them. According to precautionary reason, it is necessary to destroy them (or at least) change their shape. However, there is no offense to exchange in a transaction the materials of which they are made, such as wood or metals, after changing their shapes or even before, provided, one has confidence in the buyer to bring about such change. But without such confidence although, apparently, the transaction is lawful, one has committed a sin for not changing the shape of such object, if the object has no lawful use. In case, there is some lawful use, even very little, it then is not necessary to make the above-mentioned kind of change.

 

CR (10) It is not lawful to exchange in a transaction the out-dated currencies to deceive people, either as payment or as the merchandise, if the other party has no knowledge of the situation, however, if the other party knows about them, it would be subject to objection, although, apparently, it is lawful. It is not an offense, apparently, to give such currencies to fend off thereby an oppressor without informing him of the situation. The necessity of changing them is subject to objection. Apparently, it is not necessary to change them.

CR (11) It is lawful to sell the beasts such as cats, lions and wolves, elephants etc., provided, they have some lawful and valuable benefits and so is the exchange of insects such as silk worms, leeches and honey bees, and the elephant. However, if they do not have any lawful benefit, the transaction is not lawful and valid according to precautionary reason.

CR (12) The lawful benefits that make a transaction lawful are the lawful benefits which are often and mostly needed and attract the attention of the people of reason to own such substance, regardless of the need being out of emergency, like the case of medicines or the normal needs.

CR (13) According to the popular view, the exchange of pots made of gold and silver in a transaction for decoration or just to own them, is unlawful. However, according to strong reasons, it is lawful to own them, only to use them is not lawful.

CR (14) To exchange copies of the holy Quran in a transaction with a non-Muslim according to precautionary reason is unlawful and invalid. It also is unlawful to make copies of the holy Quran available to non-Muslims unless it is to guide them and show them the right path. It is a preferable precaution not to sell it to a Muslim. In case one wants to receive something in exchange for the copies of the holy Quran, it has to be for its cover etc., or the exchange be made in the form of conditional gift, i.e., one may give a copy of the holy Quran with the condition that the other party also gives him a certain amount of property. Apparently, it is lawful to exchange the books containing certain verses of the holy Quran, du'as (prayers) or the name of Allah in a transaction even with a non-Muslim not to speak of the Muslims. The same rule applies to the books containing the sayings of the infallible personalities (a.s.) both in the case of transaction and making them available to non-Muslims.

CR (15) It is not lawful to sell grapes, dates or woods to be brewed into wine or manufactured in the case of wood into idols or instruments of useless amusements etc. It makes no difference whether the understanding and agreement of the parties on the purpose of the transaction is made part of the deal or is a separate one. If something is sold with an unlawful condition the transaction will be considered valid but not the condition. In the same way, it is not lawful to rent premises for selling or storing of wines or manufacturing or doing unlawful acts or products therein and such contracts will not be valid. Renting ships and animals etc., for carrying wine is not lawful and such contract is not valid. However, if the seller or the landlord only knows that the buyer or tenant will brew wine out of the grapes which he has sold or store wine in the premises rented or will manufacture unlawful products therein, and this is without the both parties' understanding and agreement as part of the deal or before it, it is said that such transaction also is unlawful but this is based on precautionary reason, apparently, it is lawful.

CR (16) It is unlawful to draw pictures of the living beings like men and animals, regardless, the picture is of two or three dimensions. Also, it is unlawful to receive wages for the job of drawing such picture. Drawing pictures of non-living things and receiving wages for such work is lawful and the same rule applies to photographic pictures. Drawing pictures of certain parts of the living beings, like the head or leg, which will not be called an incomplete picture, is lawful but if it will be called an incomplete picture like the picture of a decapitated person, such drawing is not free from objection. If it would be the drawing of a certain pose of a person like one sitting or with the hands behind etc., apparently, such drawing is unlawful as it is also true of the defective drawings if such defect would have no part in one's life such as the picture of a person without hand or leg. It is lawful, but undesirable to keep such pictures or sell them even though they would be two-dimensional or portraits of living beings.

CR (17) Singing is unlawful when it is done for falsehood and useless reasons and the quality of the tone would be of the ones performed for useless amusements. The standard for the discernment of such tone is common sense. Listening of such songs is also unlawful, regardless, it takes place in the recitation of the holy Quran, du'as (prayers) or mourning etc. An exception to this rule is the singing of women during a wedding, provided, other unlawful acts are not associated with it, like beating of drums or unlawful songs, or entering of men among women or men's listening of the women's voices which would cause lustful excitement, otherwise, it also is unlawful.

CR (18) Co-operating with the unjust in their injustice and also in all the unlawful deeds is unlawful. There is no offense in co-operating with the unjust in lawful acts unless one would be called their supporters and associates, in which case such co-operation also becomes unlawful.

CR (19) Playing the gambling instruments like chess etc., which are made for such purpose with betting is unlawful as well as receiving money for such betting and the winner will not be considered the lawful owner. Playing such instruments without betting is also unlawful. Playing with other instruments only with betting is unlawful, like betting in weight-lifting, running or jumping etc., and receiving money for such betting also is unlawful, however, without betting, apparently, is lawful.

CR (20) Performing made is unlawful, as well as teaching, learning it or earning through performing made. Made is the kind of performance which affects one's imagination by controlling one's sight or hearing etc., to consider some form of having control over Jinns, Angels or men as magic is not free from objection, however, apparently, a performance which would harm all that cannot be harmed is unlawful, not all kinds of such performances.

CR (21) Linking people to others based on certain physical signs contrary to the Islamic standards of relationship is unlawful.

CR (22) A performance called 'shu'badha', that shows unreal as real by quick and uncommon movements is unlawful, if this would harm someone.

CR (23) Sooth-saying on the basis that some Jinn is providing the soothsayer such information is unlawful, however, if it would be based on some uncommon signs, apparently, there is no offense if one believes or has confidence in such predictions to be true.

CR (24) It is unlawful to offer higher price for a certain commodity without the will to buy it, even just to make some other buyer to hear him and raise the price, regardless, such unreal offer is because of an understanding with the seller or not.

CR (25) The prophecies of astrology about the changes of the conditions of food products or weather etc., because of the movements of stars and planets and their positions with a belief contrary to Islamic belief in their effectiveness in causing such changes is unlawful.

CR (26) Cheating is unlawful, the holy Prophet has said, "Allah does not support a cheater and leaves him to his own soul, takes away the blessings from his livelihood and makes life difficult for him". Cheating takes place when a commodity of lower quality is mixed with one of a higher quality, thus, sold for the price of the latter, or the unwanted one with the one needed like mixing water with milk or making it look like a merchandise of good quality like sprinkling water on vegetables or making something look gold or silver while in fact it is not. Sometimes cheating may take place by not telling the buyer about an existing defect in the merchandise because the seller may have made the buyer to trust him.

CR (27) Cheating although unlawful, does not invalidate a contract, but one is entitled to annul it because of cheating. However, if cheating takes place in a transaction of gilded materials exchanged as gold or silver in this case the transaction is not valid and receiving the price is unlawful and the same is true of likewise materials when cheating amounts to a difference in the very substance of the goods exchanged in the transaction.

CR (28) It is unlawful to receive wages for performing all the acts of worship which cannot be considered valid unless they are performed without wages, were they a personal duty of the person demanding wages to perform them, regardless of this being obligatory or of the preferable ones, personal or (kifa'i) social ones. Thus, a contract wherein it is agreed that one party, for performing or completing an act of worship such as daily prayers, or the daily optional prayers, or fasting in the month of Ramadan, or preferable acts of worship, receives a certain wages, such contract is not valid if one is supposed to perform them with the intention of considering them his own duty. However, it is lawful if a contract is made to perform some act of worship on behalf of another party, such as prayer etc., for which it is lawful to appoint a proxy, and the same rule applies to a contract in which the act is obligatory but not an act of worship, such as prescribing medicine for a patient or treating him etc., or the act is of the kind of obligation on which a social system depends like teaching some forms of agricultural know-how or medicine. If one is hired to teach rules of what is lawful and what is unlawful when they are part of day-to-day matters, according to obligatory precaution, in fact, apparently, such wages and contract would be unlawful as well as invalid. But lawfulness and validity of teaching for money the obligations, which are not a matter of day-to-day practice, is not objectionable.

CR (29) It is unlawful to sing mourning songs for falsehood but it is not an offense when it is for truthful purposes.

CR (30) It is unlawful to defame a believer, but there is no offense in defaming an unbeliever or one who commits sins in public and innovates in religion, to safeguard others from following his footsteps.

CR (31) Using indecent language is unlawful, and the same is true of being explicit in an expression considered indecent in public to people other than one's wife or a slave girl, but this does not apply to one's wife and slave girl.

CR (32) Receiving bribe for issuing a right or false decree is unlawful. However, receiving something to get back a right from an oppressor is lawful although it is unlawful for an oppressor to be the recipient.

CR (33) It is unlawful to keep books, which may mislead one or others, if one is safe from being misled or keeping is a priority, there is no harm to keep them. The same rule applies to selling and publishing such books.

CR (34) It is unlawful for man to wear gold, even a ring etc., but uses such as capping front teeth with gold, apparently, is permissible.

CR (35) To lie is unlawful. Lying means reporting what is not true, regardless, one is serious or joking, however, if one speaks a lie in the form of a report and is joking not intending to narrate or report, there is no harm in it. And the same rule applies to (tawriyah) a statement in which the speaker has intended to mean thereby a true meaning and such true meaning is not understood from the spoken form of the statement. There is no offense to lie to safeguard one's self or a believer against a serious harm, in fact, in such case, untrue swearing has also no harm, or if it settles issues among differing believers, but it is a preferable precaution, however, in both cases, it is so only if tawriyah is not possible. Apparently, not keeping one's promise is lawful but seriously detestable. Apparently, with an intention of not keeping a promise when promising, is unlawful. According to necessary precaution one should avoid promising one's family with the intention of not keeping such promise.

CR (36) It is unlawful to receive official authority from an oppressor ruler and serve as his officer unless in doing so one serves the interests of the believers and does not commit anything against sharia (laws). Accepting such authority is also lawful when one is forced and threatened by the oppressor and refusing such offer would result in serious physical harm or loss of property to one's self or relatives and the harm to the relatives or the loss of their property will according to common sense be considered a harm or loss to ones self such as father, children or others whose welfare would be one's concern.

CR (37) It is lawful to exchange in a transaction or receive gratis the property collected as real estate taxes by a non-Shia who considers himself as the khalifah (caliph) of the Muslims, regardless, it would be in the form of kharaj (tax on cash), (Muqasimah) a certain share or zakat. Apparently, by paying such taxes the tax-payer will be considered free of taxpaying obligation, in fact, it is apparent that even if such government endorses such taxes in favor of a third party who then gets paid, receiving such payment is lawful for him and sets the payer free of tax obligation. It is not free from objection to apply the above rule to the taxes collected by the rulers who do not proclaim themselves as the Caliph of Muslims, regardless, they oppose the Shia school of law or not or are non-Muslims.

CR (38) If one gives some property to a certain person to spend for the welfare of a certain group of people and the person is one of the group, he can only benefit from such property when it could be understood that the donor considers him as one of the group or allows him to receive more than the share of one of the group, otherwise, that person will not be allowed to benefit from such property at all. If such property would be of a certain category of religious dues which can be spent for prescribed deserving causes, if that person's welfare comes under the deserving cause, he can only benefit equal to what he gives to other deserving cause or person and he is not required to obtain the permission of the tax-payer.

CR (39) Accepting prizes from an oppressive ruler is lawful even if one knows in general that there is unlawfully acquired property in it or receiving other property from him owning or using them with his permission unless it is known that it is usurped, in which case it is necessary for the recipient to give it to the lawful owner if he could personally be known, if he could only be known as one among a limited group, one has to obtain the consent of all of them if possible, if not one finds the owner by casting lot, if it is only known as one in uncontainable group, he gives such property in charity for the owner by permission of a person of high authority in law for precaution, if one loses hope to find him, otherwise, one must find him to give him such property.

CR (40) The exchange in a transaction of gold for gold or silver for silver or gold for silver and vice verse in a currency form or without it is detestable and the same rule applies to selling shrouds, foods (grains) and slaves. To be a butcher is also detestable and so is cupping, especially, with the condition of receiving wages for such work, the same rule applies to earning by grooming animals, regardless, such earning is in the form of hiring or other forms of exchange, however, if it would be free arrangement, receiving something as gift is lawful

CR (41) Selling lottery tickets is not lawful if one pays for such tickets considering such payment a payment for the possible winning; the payment will not be valid, however, there is no offense in giving money and considering it a donation to a charitable project. In both case, the prize money will be considered a property of unknown owner, if the prize giving company is a foreign one, the prize winner has to refer to the person with the highest authority in sharia (law) to legalize it.

CR (42) It is lawful to donate blood to the needy patients as well as receiving money for such donation as mentioned before.

CR (43) It is not lawful to shave one's beard according to precautionary reason and the same rule applies to receiving money for shaving other's beards, except when not shaving would be a serious insult to one and the people of reason would not bear such insults.