Trading During the Friday Adhan (Just Before the Khateeb Ascends the Pulpit)

Unknowingly, this often happens. Especially for traders who operate near the mosque. Some of them still serve buying and selling transactions even though the Jumu'ah adzan (call to prayer) has been proclaimed, even when the khateeb(preacher) has ascended the pulpit. Yet, they are among those who are obligated to perform the Jumu'ah prayer, namely: men, adults (baligh), residents (mukim)[1], and in good health. Likewise, some congregants engage in buying and selling without urgent need, whether online or offline, even though the Jumu'ah adzan has been proclaimed. Certainly, this is not permissible at all. Allah Ta'ala says,

“O you who believe! When the call (adzan) is proclaimed for the prayer on the day of Jumu'ah (Friday), then hasten to the remembrance of Allah and leave off trade (buying and selling). That is better for you, if you but knew.” (QS. Al-Jumu'ah: 9) In addition to this verse, the scholars have transmitted the existence of consensus (ijma’) (unanimous agreement of the scholars) on the prohibition (haram) of engaging in buying and selling activities for those who are obligated to perform the Jumu'ah prayer. Thus, the prohibition of buying and selling when the Jumu'ah adzan is proclaimed is established based on the verse of the Qur'an and the ijma' of the scholars. Imam Ibn Kathir Ash-Shafi'i said when interpreting the verse above,

“Meaning, hasten you all to the remembrance of Allah (dzikrullah) and leave off trade (buying and selling) when the call (adzan) for the prayer has been proclaimed. That is why the scholars – may Allah be pleased with them – have agreed on the prohibition of buying and selling after the second adzan (just before the khateeb ascends the pulpit).” (Tafsir Al-Quran Al-‘Adzhim, 8/122) Imam Ibn Rushd Al-Maliki said,

“This is a matter that has been agreed upon (by the scholars) as far as I know, meaning the prohibition of trade when the adzan is proclaimed after zawal[2] and the Imam is upon the pulpit.” (Bidayah Al-Mujtahid, 3/186) Imam Ibn Najim Al-Hanafi said,

“Then his statement implies that the dislike (karahah) is tanzih (reprehensible dislike), but that is not the case. Rather, it is prohibitive (tahrimiyyah) by agreement (of the Hanafi scholars); that is why it is obligatory to annul it if it occurs. Also, his saying that the command to hasten is merely a recommendation (nadb) is incorrect; .... And the one who buys and sells in the mosque or at the mosque gate has a greater sin and heavier burden.” (Al-Bahr Ar-Raiq, 2/169) Imam Ibn Rajab Al-Hanbali said,

“And Ishaq bin Rahwayh narrated the existence of consensus (ijma’) (of the scholars) regarding the prohibition of buying and selling after the Jumu'ah adzan.” (Fath Al-Bari, 8/194) Imam Ibn Hazm Adh-Dhahiri said,

“From Ikrimah, from Ibn Abbas, he said, “Trade is not proper on the day of Jumu'ah when the adzan for the prayer is proclaimed. When it is completed, then buy and sell.” We do not know of any companion who opposed him.” (Al-Muhalla bi Al-Athar, 7/519) The statement of Ibn Hazm above suggests as if there is an inclusive agreement among the companions (ijma’ sukuti) regarding this matter. However, Al-Hafizh Al-‘Aini Al-Hanafi quoted that this is the opinion of the majority of scholars – not ijma'[3]. Nevertheless, some scholars hold that it is merely disliked (makruh), as quoted from some Hanafi scholars.[4]

Is the Transaction (Buying and Selling) Valid? 

Although the scholars – or the majority of scholars – agree on the prohibition (haram) of buying and selling during the Jumu'ah adzan, the scholars differ regarding its validity (sihhah). The Hanafi and Shafi'i schools consider it valid, even though the act of buying and selling is forbidden. This means that the result of the sale is valid and permissible, but the person who performs it is a sinner. Imam Ibn Najim Al-Hanafi said, “Because buying and selling during the Jumu'ah adzan is permissible, but disliked. The meaning of permissible is valid, not that the transaction is allowed (halal) at that time.” (Al-Bahr Ar-Raiq, 2/169). Imam An-Nawawi Ash-Shafi'i said, “When the mu’adzin (caller to prayer) has proclaimed the adzan, it is forbidden for the seller and the buyer to transact if both transacting parties are among those obligated to perform the Jumu'ah prayer or if only one of them is, but the transaction is not invalid.” (Al-Majmu’ Syarh Al-Muhaddzab, 4/500) The Maliki, Hanbali, and Zhahiri schools affirm the invalidity (batil) of the transaction and that it is not valid. This is the view chosen by Ibn Al-Mundhir from the Shafi'is and favored by Ibn Najim from the Hanafis.[5] Consequently, the profit derived from the sale is forbidden to be utilized. Imam Mawwaq Al-Maliki said, (Imam) Malik said, “When the khateeb has sat on the pulpit and the mu’adzin has proclaimed the adzan, trade is forbidden. If at that time two people who are obligated to perform the Jumu'ah prayer are conducting a transaction or only one of them (is obligated to perform the Jumu'ah prayer), then the sale is corrupted (invalid).” (At-Taj wa Al-Iklil, 2/554) Imam Al-Mardawi Al-Hanbali said, “The apparent meaning of the author's (Ibn Muflih Al-Hanbali’s) statement is that even if only one of the transacting parties is obligated to attend the Jumu'ah prayer – not both – the sale is still invalid. This is the authentic opinion and this is the (Hanbali) school.” (Al-Inshaf fi Ma’rifah Ar-Rajih, 4/325) Imam Ibn Hazm Azh-Zhahiri said, “Buying and selling is not permissible from the moment the sun declines (zawāl), which begins from the very start of the sun's decline until it leans (to the west) until the Jumu'ah prayer is completed.” (Al-Muhalla bil Athar, 3/290)

Basis of the Difference of Opinion 

This difference of opinion arises from a difference in understanding verse 9 of Surah Al-Jumu'ah, which was quoted above or at the beginning of this writing. The group that considers the transaction valid (Hanafis and Shafi'is) argues that the prohibition in the verse is not due to the mere entry of the Jumu'ah adzan time, but so that Muslims are not distracted by things that would delay them from attending Jumu'ah. Thus, the prohibition does not directly affect the contract of sale and cannot invalidate the transaction. According to this opinion, the profit obtained from the sale during the Jumu'ah adzan is permissible (halal) and can be utilized, but the act itself is still considered forbidden (haram). It is similar to the ruling on the prayer of a person who prays on land stolen from someone else. His prayer is valid, but he is sinful because he is praying on land that he does not own legally. The group that considers the sale invalid or void (batil) (Malikis, Hanbalis, and Zhahiris) considers that the prohibition is applicable because of the entry of the Jumu'ah time. Thus, the buying and selling activity performed after the Jumu'ah adzan is invalid and void. This is the apparent meaning demanded by the verse. It is not merely because it distracts Muslims from attending Jumu'ah. According to this opinion, the profit obtained from the sale is forbidden (haram) and forbidden to be utilized because the sale is invalid.

Does This Also Include Other Transactions Besides Buying and Selling, Such as Leasing, Salaried Work, Wages, and So Forth? 

Regarding the prohibition (haram) of these matters, it has been affirmed by the majority of scholars.[6] Imam An-Nawawi Ash-Shafi'i even mentioned that this has reached consensus among the scholars.[7] However, it seems that some Hanbalis do not prohibit it.[8] As for the status of the validity (sihhah) of the contract, the majority of scholars such as the Hanafis, Shafi'is, and Hanbalis consider the contract valid – even though it is forbidden.[9] Meanwhile, the famous opinion of Imam Malik, followed by some Malikis and the opinion of the Zhahiri school, considers the transaction void (batil) and invalid.[10] This is the view chosen by Ibn Abdus and Ibn Al-Uthaymin from the Hanbalis.[11] However, most of the Malikis differentiate between commercial and non-commercial transactions. If it is commercial, such as wages or salaries, leasing, and others, then it is invalid, whereas non-commercial contracts, such as marriage contracts, gifts (hibah), charity (sadaqah), and others, are valid.[12]

In conclusion, setting aside the disagreement among the scholars regarding this matter,[13] the best course of action is to avoid all forms of transactions when the second adzan on the day of Jumu'ah has been proclaimed, unless there is an urgent need for it.[14]

Wallahu a’lam bish shawab (And Allah knows best what is correct).