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Ruling on -not to be sold separately-

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#1 [Permalink] Posted on 24th February 2016 20:45



Salamu alaikom bruvs,

When i want to buy a pack of drinks it is stated on the cans that it is not to be sold separately. This mean there is a condition in the contract. does that mean it is allowed to buy the pack?


and is this quote from mejelle speaking about this issue?

(الْمَادَّةُ 189) : الْبَيْعُ بِشَرْطٍ لَيْسَ فِيهِ نَفْعٌ لِأَحَدِ الْعَاقِدَيْنِ يَصِحُّ وَالشَّرْطُ لَغْوٌ مَثَلًا بَيْعُ الْحَيَوَانِ عَلَى أَلَّا يَبِيعَهُ الْمُشْتَرِي لِآخَرَ أَوْ عَلَى شَرْطِ أَنْ يُرْسِلَهُ إلَى الْمَرْعَى صَحِيحٌ وَالشَّرْطُ لَغْوٌ.

cheers.
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#2 [Permalink] Posted on 25th February 2016 14:08
Al-Maghribie wrote:
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W-Salam

Which country do you live in and which Madhab do you follow?

Jzk
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#3 [Permalink] Posted on 25th February 2016 14:30
Al-Maghribie wrote:
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This sign refers to multi-packs. i.e. you are buying it as a pack of 6 and it is for this reason that they are sold at a discounted price. The seller is not allowed to sell them as single bars of chocolate (or drink) and earn more profit than he would if he sold a normal single bar of chocolate, or drink in your case, however, he may sell it at the lower price.


Quote:
What is the law on splitting multipacks?

We regularly receive complaints from members of the public that a shop is illegally splitting a multipack and selling the items separately.

It is not illegal to split multipacks but the product must be labelled and priced correctly.

www.tradingstandardsblog.com/splitting-multipacks-and-sel...
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#4 [Permalink] Posted on 26th February 2016 15:54
Muadh_Khan wrote:
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i live in uk and im maliki but i want to know the hanafi position.
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#5 [Permalink] Posted on 26th February 2016 15:57
abu mohammed wrote:
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i'm not interested in uk law i can find that out myself. 'm interested in hanafi position. what i know from our madhab is that if you buy something you are the owner of it nobody can tell you what to do with it. so this condition is a form of tahjir on the buyer and that is a invalid condition which makes the contract invalid. but what i know from the hanafi is that not every invalid condition can make the whole contract invalid.
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#6 [Permalink] Posted on 27th February 2016 15:37

AA Mufti Saheb,

In stores they sell multiple packs of crisps etx which says not to sold separately. Although I am not selling but is it permissable to buy merchandise with conditions attached to them?

Answer: Since such condition is not legally binding so the buying of such merchandise will be permissable.

Mufti Zubair Butt (WhatsApp Response)

27th of February 2016

15:55

Jzk

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#7 [Permalink] Posted on 27th February 2016 15:39
I asked Mufti Zubair to give me a quick response, if the Brother wants a debate click on the link and submit a detailed query to the site.

I will not be able to go back and forth with further queries.

Jzk
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#8 [Permalink] Posted on 28th February 2016 13:43
Muadh_Khan wrote:
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jzk this one is clear
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