Take First, Pay Later

What is the law of buying and selling at a grocery store, where consumers are free to take whatever food they want, then report every withdrawal, then the bill is delivered at the end of the month, according to the total items taken. Is this possible?

Answer:

Bismillah was shalatu was greeting 'ala Rasulillah, wa ba'du,

The buying and selling model with the way consumers take goods from sellers, then at the end of the period the total price is paid for, called the sale and purchase (trade) of istijrar .

The term istijrar is taken from the word jarra - yajurru [جر يجر] which means to drag or pull. Because consumers take goods from sellers little by little, then total at the end of the agreed time. 
(Hasyiyah Ibn Abidin, 4/516).

The term buying and selling istijrar is widely used in Hanafi and Syafiiyah (Nihayatul Muhtaj, ar-Ramli, 3/375). While in the Maliki, buying and selling is termed 'bai' expert Madinah'. (al-Bayan wa at-Tahshil, 7/208).

Istijrar Sale and purchase law

Ulama agree, buying and selling istijrar is allowed if the price is certain or known. (hasyiyah Ibn Abidin, 5/183; Mughni al-Muhtaj, as-Syarbini, 2/326)

For example, shop A provides a variety of basic necessities. In each product sold, there is a price listed. Every consumer who takes an item, he already knows how much the item he is taking.

----- furthermore---

Ulama disagree if the price is unknown to the buyer when taking the goods. The buyer just knows the price after being totaled at the end, when he wants to make a payment.

First opinion, buying and selling is prohibited

This is the opinion of the Jamahir Ulama (almost all scholars) of the four schools of thought. In fact, Nawawi stated that the scholars agreed to buy and sell without the price being canceled.

The reason,

Whereas when the contract is made, the price of the goods must be clear. If the price of goods is unknown to both parties, then it includes gharar buying and selling. and Islam prohibits gharar buying and selling.

Abu Hurairah radhiyallahu 'anhu said,





An-Nawawi said,



As for the practice, where the consumer takes the goods, and does not pay anything, also does not say the sentence of buying and selling, but limited to the intention to take goods based on general standard prices as generally done by the community. Because this practice cannot be called buying and selling either with qabul or ijab qabul ( ba'i mu'athah ), and is not called buying and selling.

Then he continued,



And we are not fooled by the practice of the general public, where they take the items they need from the seller little by little, without any transaction statement. Then after a period of time, the money is calculated and paid. And this transaction vanished with the agreement of ulama. 
(al-Majmu ', 9/164)

Second opinion, buying and selling is legal and is permissible as long as there is a general market price (as-Si'rul Mitsl).

This is one of the opinions of the syafiiyah scholars. One of the narrations in the Hambali school, and the opinion chosen by Ibn Taymiyyah and Ibn Qoyim.

One opinion in madzhab as-Syafii, stated by An-Nawawi,



Ar-Rafi'i mentions a third opinion, absolutely valid, because it allows to know the total price. Like a seller said, 'I sell this food, it costs 1 dirham / sha'. This kind of sale and purchase is legal, even though what the total price of all the food the consumer takes is unclear.

Then an-Nawawi commented,

This opinion is weak, strange. (al-Majmu ', 9/333)

Syaikhul Islam explains transactions whose total price is known later,


As people buy bread, side dishes, fruit, meat or other commodities from bakers, meat sellers, or fruit sellers, or others, and they are happy to pay market prices, namely prices that are generally valid in the community, and that are in accordance with normal standards that applies to the item at that time and at that place. Buying and selling like this is legitimate, as stated by Imam Ahmad, even though in his schools there are differences of opinion. (Majmu 'Fatawa, 29/345).

And among the reasons often delivered by Syaikhul Islam is qiyas with a marriage Mahar contract. When there is a marriage contract, while the husband has not mentioned the Mahar, then the wife is entitled to get the Mahar mitsl. And scholars emphasize that this kind of marriage is legitimate. So, if in marriage the value of the Mahar returned to the prevailing general Mahar (mahar mitsl) is valid, then the sale and purchase at prices returned to the general price (tsaman mitsl) is also valid. (Nadzariyat al-Aqd, 145 - 155)

And God willing, this second opinion is closer.

Allahu a’lam.


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