Witnessing Sales

**Ruling:** Witnessing sales is **recommended (mustahabb)** and not obligatory. **Evidence from Quran:** - **Quran:** "And take witnesses when you conclude a contract" [2:282] - Allah commanded witnessing during sales, but this command is for **recommendation (istihbab)** **Proof That It's Not Obligatory:** - **Quran:** "But if one of you entrusts another, then let him who is entrusted discharge his trust" [2:283] - This indicates the command is guidance for documentation and benefit, not obligation **Evidence from Sunnah:** - **Hadith of 'Umarah ibn Khuzaymah:** His uncle (a Companion) narrated that the Prophet ﷺ bought a horse from a Bedouin and asked him to follow to receive payment. The Prophet ﷺ walked quickly while the Bedouin lagged behind. Men approached the Bedouin offering to buy the horse, not knowing the Prophet ﷺ had already purchased it. **Explanation:** - The Prophet ﷺ bought the horse without witnesses - If witnessing were obligatory, he would not have bought without it - The Companions used to trade in markets during his time, and no report shows he commanded them to witness, nor did they do so **Practical Consideration:** - Buying and selling occurs frequently among people in daily life - If they had to witness every transaction, it would lead to hardship and difficulty **Exception - When Witnessing Is Advised:** - For large transactions - With deferred payment - Needing documentation - Writing it down and witnessing is recommended to refer to the document if disputes arise between parties