Alisverislerde dikkat edilmesi gereken hukuk

Alışverişler Ve Muamelat

Alış-verişler üç çeşittir:

1- Görülen malın ahş-verişi. Bu malın alış-verişi caizdir.

2- Görülmeyip nitelikleri belirtilen zimmetteki malın satımı. Daha ev­vel belirtilen nitelikler bu malda bulunuyorsa alım-satımı caizdir.

3- Görülmeyip nitelikleri de belirtilmeyen malların alış-verişi. Bu tür alış-verişler caiz değildir.
Mülkiyetinde bulunan ve kendisinden menfaat gürülen her temiz şeyin alış-veriş sahihtir. Necis olan bütün şeylerin alış-verişi sahih değildir.
Kendisinden menfaat olmayan her şeyin alış-veriş de sahih değildir.

1- Gözle görülen ve mevcut olan herşeyin alış-verişi caizdir.

Alış-verişin meşruiyetine delil şu ayet-i kerimedir.
“Allah, alış-veriş helal faizi haram kılmıştır.” (Bakaıa: 2/275)
‘Hangi kazanç daha hayırlıdır?’ sorusuna Peygamberimiz şu cevabı verir. “Kişinin kendi emeğinin kazancı ve içinde hainlik ve aldatma olma­yan alış-veriş.”

2- Görülmese veya mevcut olmasa da nitelik ve özellikleri belirtilen zimmetteki malın satımı da sahihtir. Daha önce belirtilen özellik ve nite­liklerin bulunması şartıyla bu tür alım-satımlar sahihtir.

3- Gözle görülmeyen ve özellikleri de belirtilmeyen malların satımı sahih değildir. Çünkü burada aldatmaca olabilir. Ya da iki taraftan birinin zarara girme tehlikesi olabilir.

Bunun delili. Peygamberimiz (sallallahu aleyhi vesellem.) içinde aldatmaca bulunan alış­verişi nehyetmiştir.

Necis olan ve kendisinden menfaat umulmayan her maddenin alış­verişi sahih değildir.

Peygamberimiz (sallallahu aleyhi vesellem.):
“Şüphesiz Allah ve resulü, şarabın, domuzun ve putların satışını haram kılmıştır.”buyurdu.
Bunun üzerine sahabeler:
Ya Resulallah ölü hayvanın iç yağlarının satışı da mı yasakdır? Çün­kü bununla gemiler ve deriler yağlanır. İnsanlar mum yaparak ışık temin ederler, diye sorunca Peygamber (sallallahu aleyhi vesellem.):
“Hayır o da haramdır” cevabını verdi

Diğer bir rivayette şöyle bildirilmiştir: Resulullah köpek satıp, karşı­lığında para alınmasını yasaklamıştır. Ancak avcılık yapmak ev veya koyun sürüsü gibi şeyleri korumak için köpek beslemekte bir sakınca yoktur. Bunun delilleri ilerde (Av Bölümü’nde) açıklanacaktır.
Rüşvet, kumar veya buna benzer gayri meşru yollarla kazanç temin eden ya da haram bir iş karşılığında ücret alan kimse ile alış verişte bulunmak haramdır.
Müslim, 151

Buhari, 2121; Müslim, 1581

Buhari, 2122; Müslim, 1581.

Kadı Ebu Şuca’, Ğayet’ül-İhtisar ve Şerhi

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