Fourthly: the etiquettes of selling and buying

1. Lenience in trade
Lenience is recommended in trade.

Evidences from the Sunnah:
Jabir ibn `Abdillah narrated that the Messenger of Allah said, “Allah shows mercy to a man who is lenient when they sell, buy, or claim back.” [28] Reported by al-Bukhari (2076).

Suwayd ibn Qays narrated: “Makhramah al-`Abdi and I acquired some clothing from Hajar.  [29] Translator’s note: A town in Yemen.  The Prophet came to us and bargained with us for some trousers, and there was a weigher with me weighing out the value. The Prophet said to the weigher, 'Weigh and add extra.'  [30] “Arjih”, or “swing”, meaning: “add weight”. They say, “swing the scales until they lean [to one side]”, meaning: “add weight [to one side]”. See Lisan al-`Arab by Ibn al-Manzur (5/143). [31] Reported by Abu Dawud (3336), Tirmidhi (1305), al-Nasa’i (4592), Ibn Majah (2220), and Ahmad (19098). The wording here is from Tirmidhi, who said: “This hadith is hasan sahih.” Nasa’i said, as found in Al-Maqasid al-Hasanah by Sakhawi, p. 67: “This seems closest to the correct view.” Authenticated by Ibn Hibban in Al-Sahih (5147), Ibn al-`Arabi in `Aridat al-Ahwadhi (3/277), Ibn Daqiq al-`Id in Al-Iqtirah (113), Ibn Hajar in Fath al-Bari (10/284), and al-Albani in Sahih Sunan al-Tirmidhi (1305).

In the narration above, it is recommended to add weight to the scales, which indicates lenience in trade. [32] See Al-Tanwir Sharh al-Jami’ al-Saghir by al-San`ani (6/322) and Sharh Riyad al-Salihin by Ibn `Uthaymin (5/411).

2. Seeking one’s provision in the early morning
Al-Shafi`i, [33] Some Shafi`is mentioned its recommended nature. Al-Majmu` by Nawawi (9/152) and Mughni al-Muhtaj by Shirbini (3/128). See also Al-Muhimmat by al-Isnawi (9/239). al-Tirmidhi, [34] Tirmidhi included a chapter in his Sunan entitled: “What is mentioned about trading in the early morning”. In it, he related the narration of Sakhr al-Ghamidi. He said: “Sakhr al-Ghamidi narrated: ‘The Messenger of Allah g said: “O Allah, bless my nation in their early mornings.”’” Sakhr added: ‘Whenever he dispatched a military unit or army, he would do so during the first part of the day.’ One of the narrators said: ‘Sakhr was a businessman, and he would always send his goods for trade during the first part of the day, and he became rich and increased his wealth.’ There are narrations on the same topic related from `Ali, Ibn Mas`ud, Buraydah, Anas, Ibn `Umar, Ibn `Abbas, and Jabir.” Sunan al-Tirmidhi (3/509). Ibn Battal, [35] Ibn Battal said: “The Prophet singled out early mornings out of all the other times [of day] for supplication for the bounties they contain, and Allah knows best, because the early morning is the time in which people begin work and is a time of vigour and rising from rest. He singled it out for supplication so that all his nation would benefit from the blessing of his supplication. The narration pertaining to this is mentioned by Ibn al-Mundhir, who said: ‘Sulayman ibn Shu`ayb narrated to us from Yahya ibn Hassan, from Hushaym, from Ya`la ibn `Ata’, from `Amarah, from Sakhr al-Ghamidi, who said: “The Messenger of Allah g said: ‘O Allah, bless my nation in their early mornings.’” Sakhr added: “Whenever he dispatched a military unit or army, he would do so during the first part of the day.” One of the narrators said: “Sakhr was a businessman, and he would always send his workers during the first part of the day, thereby becoming rich and increasing his wealth.”’” Sharh Sahih al-Bukhari (5/124). Ibn al-`Arabi, [36] Ibn al-`Arabi said: “Chapter: Trade in the early morning. Sakhr al-Ghamidi narrated: ‘The Messenger of Allah g said: “O Allah, bless my nation in their early mornings.”’ Sakhr added: ‘Whenever he dispatched a military unit or army, he would do so during the first part of the day.’ One of the narrators said: ‘Sakhr was a businessman, and he would always send his workers during the first part of the day, thereby becoming rich and increasing his wealth.’ It is related from Ibn `Abbas and others that the time after the morning prayer is the time in which Allah apportions provision amongst His slaves. It is established that it is the time in which an Angel calls out: ‘O Allah, give the one who spends recompense, and give the one who withholds destruction.’ It is the time when eagerness begins, the soul is energized, the body is rested, and the mind is clear. Thus, it is proportioned due to these reasons and their like. We have related this narration from many chains.” `Aridat al-Ahwadhi (5/42). Ibn al-Qayyim, [37] Ibn al-Qayyim said: “Undoubtedly, meeting the early morning and action at the beginning of the day, month, or year has a special distinction. The Prophet said, ‘O Allah, bless my nation in their early mornings’, and Sakhr al-Ghamidi, the narrator of the hadith, would always send his goods for trade during the first part of the day, thereby becoming rich and increasing his wealth. The first part of the day is similar to the first part of a month or year in its connection to the whole, and all ‘first parts’ have a powerful advantage. The first part of the day is when the Sun is in its youth and the last part of the day is when it is in its old age. This is known from experience and is preordained by the Wisdom of Allah.” Miftah Dar al-Sa`adah (2/216). and al-Shawkani [38] Shawkani said: “The narration of Sakhr that has been mentioned legislates for early action without specifying or restricting to a particular day, regardless of whether one is travelling, fighting [in the path of Allah], performing Hajj, conducting business, or going out to complete a job or task, even if one is resident.” Nayl al-Awtar (7/284). mentioned buying and selling in their encouragements to seek one’s provision in the early morning, for the early morning is the time of vigour that brings bounty (barakah). [39] See Sharh Sahih al-Bukhari by Ibn Battal (5/124) and Fath al-Bari by Ibn Hajar (6/114).

3. Having transactions witnessed
It is recommended to have transactions witnessed. [40] Ibn Qudamah said: “This is specifically for transactions that contain some element of risk. As for transactions that are minimal in risk, such as those conducted with grocers, perfume sellers, and the likes, then it is not recommended, for the transactions [of this type] are many, having them witnessed would cause difficulty, and it is reprehensible to establish evidence regarding them or raise them with a judge, in contrast to large transactions.” Al-Mughni (4/205).

Evidences:
Firstly, from the Book:
The Statement of Allah Exalted, “Call upon witnesses when a deal is finalized.” [41] al-Baqarah, 282.
This statement is a command, and the least ruling a command can entail is “recommended”. Its recommended nature is indicated by the Statement of Allah Exalted which follows it, “If you trust one another, then there is no need for a security, but the debtor should honour this trust by repaying the debt.” [42] al-Baqarah, 283. Here, the command is linked to trust. It is indicated that the command to have transactions witnessed is intended to teach and guide people to preserve wealth, just as He commands guarantees for a repayment of a loan and documenting transactions, and is not obligatory. [43] Al-Hawi al-Kabir by Mawardi (7/4) and Al-Mughni by Ibn Qudamah (4/205, 206).

Secondly, from the Sunnah:
Aishah narrated that the Prophet purchased some food from a Jewish man on credit and pawned his armour with him as a guarantee. [44] Reported by Bukhari (2509) and Muslim (1603). The wording here is from Bukhari.

Abu Sufian ibn Umayrah narrated, “I bought a pair of trousers from the Messenger of Allah g before the Hijrah. He weighed out the value for me and added extra.” [45] Reported by Abu Dawud (3337), Tirmidhi in comments after narration (1305), Nasa’i (4593), Ibn Majah (2221), and Ahmad (19099). The wording here is from Ibn Majah. Graded sahih by al-Hakim in Al-Mustadrak (2231), where he said, “Upon the conditions of Muslim”; Albani in Sahih Sunan Ibn Majah (2221); and Shawkani in Nayl al-Awtar (2/102). Graded hasan by Shu`ayb al-Arna’ut in his explication (takhrij) of Musnad Ahmad (19099) and Ibn Kathir graded its chain acceptable (jayyid) in Jami` al-Masanid wa al-Sunan (5343).

In these two instances, the Prophet was related to have conducted business transactions without having them witnessed, [46] Al-Mughni by Ibn Qudamah (4/205). which again indicates that it is not obligatory to do so.

Thirdly: the Companions used to trade during the time of the Prophet in the markets. He did not order them to have their transactions witnessed, it is not transmitted that they did so, and the Prophet did not censure them for that. If they had been having every one of their transactions witnessed, there would be some record of that. [47] Al-Mughni by Ibn Qudamah (4/205).

Fourthly: Having witnesses is more effective in cutting off the potential for disputes and avoiding repudiations, so it is better to do so. [48] Al-Mughni by Ibn Qudamah (4/206).

Fifthly: Trade between people in markets and other settings is plentiful. If it was mandatory to have a witness for every single transaction, it would lead to the hardship that Allah Exalted has unburdened us from in His Statement: “and He laid upon you no hardship in the religion.” [49] al-Hajj, 78.  [50] Al-Mughni by Ibn Qudamah (4/206).

4. Not swearing oaths during transactions
It is disliked for a person to offload their goods by swearing an oath during the transaction.

Evidences:
Firstly: From the Sunnah:
Ibn Shihab narrated: “Ibn al-Musayyib related that Abu Hurayrah h said: ‘I heard the Messenger of Allah say, ‘Swearing an oath gets rid of the commodity, but it erases the blessing.’ [51] Reported by Bukhari (2087) and Muslim (1606). The wording here is from Bukhari.
Here, the Prophet declares that swearing oaths profusely is a path to the decimation of one’s wealth and a cause for losing the blessing of the earnings. Either their wealth will depreciate and diminish, they will spend it on something that will neither benefit them in this life nor bring them reward in the Hereafter, it will remain with them and it will be impermissible for them to benefit from it, or they will bequeath it to someone who will not praise them for it. [52] Mirqat al-Mafatih Sharh Mishkat al-Masabih by al-Qari (5/1909).

Qatadah al-Ansari narrated that he heard the Messenger of Allah say, “Avoid swearing oaths profusely during trade, for it sells [53] i.e., it promotes and increases desire for the commodity. See Mirqat al-Mafatih Sharh Mishkat al-Masabih by Qari (5/1909). but then [54] “Thumma” here indicates an immediate sequence of events; i.e., you disburse [of the good] now but destroy your wealth. See Mirqat al-Mafatih Sharh Mishkat al-Masabih by Qari (5/1909). erases." [55] i.e., it causes blessings to disappear. See Mirqat al-Mafatih Sharh Mishkat al-Masabih by Qari (5/1909).  [56] Reported by Muslim (1607).

This narration announces its prohibition, “Avoid swearing oaths”, and the scholars of hadith authored chapters on the reprehensibility of swearing oaths during transactions. [57] Abu Dawud compiled a chapter in his Sunan (3/245) entitled “Chapter: The reprehensibility of [swearing] oaths in trade”; Bayhaqi wrote in Al-Sunan al-Kubra (5/265) “Chapter: The reprehensibility of [swearing] oaths in trade” and in Al-Sunan al-Saghir (2/239) “Chapter: The reprehensibility of [swearing] oaths during trade and the impermissibility of lying therein”; and Nawawi compiled a chapter in Sharh Muslim (1607), within the section on agricultural contracts (musaqah), entitled “The prohibition against swearing oaths during trade”.

Secondly: Because this practice of swearing oaths abundantly is a way of promoting one’s merchandise and increasing people’s desire for it, whilst Allah Exalted has said, “Indeed, those who trade Allah’s covenant and their oaths for a fleeting gain will have no share in the Hereafter. Allah will neither speak to them, nor look at them, nor purify them on the Day of Judgment. And they will suffer a painful punishment.” [58] Al `Imran, 77. As well as the general Statements of Allah Exalted, “So be mindful of your oaths” [59] al-Ma’idah, 89. and “Do not use Allah’s Name in your oaths as an excuse” [60] al-Baqarah, 224. . [61] Fatawa li al-Lajnat al-Da’imah – Al-Majmu`at al-‘Ula (13/9).

Thirdly: Because swearing oaths profusely will inevitably lead to lying in an oath, which is unlawful, so it is disliked in order to block the means of doing so. [62] Al-Fatawa al-Hadithiyyah by Ibn Hajar al-Haytami, p. 103.