His saying, exalted is He: "O you who have believed, do not consume one another's wealth unjustly or by deceit, except that it be by mutual consent among you. And do not kill yourselves. Indeed, Allah is ever Merciful to you." "And whoever does that in aggression and injustice - We will drive him into a Fire. And that, for Allah, is easy." This is an exception that is not from the first, and the meaning is: but if it is a trade, then eat it. The people of Madinah, Ibn Kathir, Ibn Amir, and Abu Amr read: "trade" in the nominative, as a completion of "that" and that it means: it occurred. A group, which is the Kufans, read: Hamzah, and Asim, and Al-Kisai: "trade" in the accusative as a deficiency of "was" and this is the choice of Abu Ubaid. Both are strong opinions, but the completion of "was" is preferred by some, because it is a connection to "that" so it is diminished from its degree if it is free from connection and otherwise. This preference is not strong, but it is good, and "that" is in the position of the accusative. And whoever made "trade" accusative made the subject of "was" implied, its estimation being: the wealth is the wealth of trade, so the added word was omitted and the added to it took its place, or the estimation could be: except that the trade is trade. And similar to this is the saying of the poet: "If a day comes with strange stars," meaning: if the day is a day, and the exception is disconnected in every estimation and in the reading of the nominative. Thus, consuming wealth through trade is permissible by consensus of the Ummah, and the majority agree on the permissibility of loss in trade. An example of this is that a man sells a ruby for a dirham while it is worth a hundred, and that is permissible, and it is supported by the hadith of the Prophet, blessings and peace be upon him: "A resident should not sell for a nomad," because he intended by that that the nomad sells by his own effort, and the resident should not prevent the resident from the provision of Allah in his loss. A group said: loss that exceeds one-third is to be returned, and only what is close and customary in trades is permitted, but excessive and severe loss is not. This was said by Ibn Wahb from the companions of Malik, may Allah have mercy on him. "By mutual consent" means: by approval, but it came from mutual action, as trade involves two parties. The scholars differed regarding mutual consent. A group said: its completion and certainty is by the separation of bodies after the sale contract, or by one of them saying to his companion: choose, and he says: I have chosen, and that is also after the contract, so it becomes certain at that time. This is the saying of Al-Shafi'i and a group of the companions. Their proof is the hadith of the Prophet, blessings and peace be upon him: "The two sellers have the option as long as they have not separated except for the sale option," which is the hadith of Ibn Umar and Abu Barzah, and their opinion - and they are the narrators - is that it is the separation of bodies. Al-Qadi Abu Muhammad, may Allah have mercy on him, said: And the separation cannot be true except by bodies, because it is one of the attributes of substances.

Malik and Abu Hanifah, may Allah have mercy on them, said: The completion of mutual consent is that the sale is contracted by the tongues, so the contract is established by that and the option is lifted. They said in the previous hadith: It is the separation by saying. Some of them argued with His saying, the Most High: "And if they separate, Allah will enrich each of them from His abundance" [An-Nisa: 130]. This is a separation by saying because it is by divorce.

Those who argued for Ash-Shafi'i said: Rather, it is a separation by bodies, evidenced by the duality of the pronoun. Divorce has no share for the woman in it; rather, her share is in the separation of the body, which is the fruit of divorce. Ash-Shafi'i said: If the meaning of His saying: "they separate" is by the saying which is the contract, the benefit in His saying: "The two sellers have the option" would be invalidated, for there is no doubt that everyone who has goods is given the option as long as he has not contracted. Thus, the report would have no benefit.

Those who argued for Malik said: The intent in the hadith is to inform about the obligation of the contract's establishment. Thus, His saying: "The two sellers have the option" is a prelude to that. Even if the prelude is known, it prepares the soul to feel the establishment of the contract and its necessity.

Ash-Shafi'i used as evidence His saying, blessings and peace be upon him: "A man should not overbid on the sale of his brother, nor should a man sell on the sale of his brother." He made them two levels, for the state of the two sellers after the contract before separation necessitates that a corruptor should spoil it by an increase in the goods, so the owner of it may choose to dissolve the first transaction. The Prophet, blessings and peace be upon him, prohibited that corruption. Do you not see that he, blessings and peace be upon him, said: "A man should not propose to the fiancée of his brother"? It is at the level of: "A man should not overbid," and he did not say: a man should not marry on the marriage of his brother. This is because there is no level after the marriage contract that necessitates an option by consensus of the ummah.

Those who argue for Malik, may Allah have mercy on him, said: His saying, blessings and peace be upon him: "A man should not overbid" and "A man should not sell" are of the same degree, all of which is before the contract. He said: "A man should not sell" as a concession in "A man should not overbid," since its outcome is to the sale. Thus, they are all at the level of His saying: "A man should not propose," and the contract is decisive in both of them.

The judge Abu Muhammad, may Allah have mercy on him, said: And His saying in the hadith: "Except for the sale of option" means for the Malikis: The two negotiators have the option as long as they have not contracted. If they contract, the option is invalidated, except in the sale of option which was contracted from the beginning on an option for a period of time, for the option does not become invalid in it.

And its meaning for the Shafi'is is: The two buyers - after their contract - are given the option as long as they are in their gathering, except for a sale in which one of them says to his companion: Choose, and he chooses. For the option is cut off between them even if they do not separate. If the sale of option is assumed, the meaning is: Except for the sale of option, for the option remains after the separation of the bodies.

'In the name of Allah, the Most Gracious, the Most Merciful' And His saying, exalted is He: ﴿And do not kill yourselves﴾, Al-Hasan read: 'And do not kill' in the plural form. The interpreters have unanimously agreed that the purpose of this verse is the prohibition against some people killing one another. Then its wording encompasses that a man may kill himself intentionally for the purpose of killing, or by putting himself in danger whereby he might die from it. All of this is included in the prohibition. And 'Amr ibn al-'As used this verse as evidence when he refrained from washing with cold water out of fear for his own life from it. The Messenger of Allah, blessings and peace be upon him, confirmed his argument. (p-531) And His saying, exalted is He: ﴿And whoever does that transgressing and wrongfully﴾, the interpreters differed regarding what is referred to by 'that'. 'Ata said: 'That' refers to killing, because it is the closest mentioned. A group said: 'That' refers to consuming wealth unlawfully and killing the soul, because the prohibition of both has come in a consistent manner. Then the warning was stated according to the prohibition. Another group said: 'That' refers to everything He has prohibited from the matters from the beginning of the surah until His saying, exalted is He: ﴿And whoever does that﴾. Al-Tabari said: 'That' refers to what He has prohibited from the last warning, and that is His saying, exalted is He: ﴿O you who have believed, it is not lawful for you to inherit women by compulsion﴾ [An-Nisa: 19], because everything that has been prohibited from the beginning of the surah has been coupled with a warning, except for His saying: ﴿O you who have believed, it is not lawful for you to inherit women by compulsion﴾ [An-Nisa: 19], for it and the prohibitions after it have no warning with them except for His saying: ﴿And whoever does that transgressing and wrongfully﴾. And transgression is exceeding the limit. And 'We will burn him' means: We will touch him with its heat as the roasted sheep is presented, meaning: We will burn him with it. And Al-A'mash and Al-Nakha'i read: 'We will burn him' with a فتح on the ن, and the reading of the majority is with a ضم on the ن according to the transmission of صَلِيَ with the hamzah. And the reading of these two is according to the dialect of those who say: I burned him with fire meaning: I roasted him. And Al-Zajjaj reported that it has also been read: 'We will burn him' with a فتح on the ص and a heavy ل that is broken. And this is easy for Allah, the Exalted and Majestic, for His argument is conclusive and His decree has no one to overturn it.