Question Summary:
Is it permissible for a teacher to buy a cell phone from his student who is 16 year old for a price which is less than the market price?

Question Detail:

I have a student who is 16 year old. He uses a cell phone and I am interested in buying it and he willing to sell it, but the issue is that the price he quoted me was well below what I would expect from the market. (R.s 20,000 vs. R.s 40,000). The student is from an extremely wealthy background and adamant that he can sell it to me for R.s 20,000. Now I have given him 2-3 days to consult someone at home (someone elder or more wise) and then come up with the decision on price before selling. However, he claims that he always buys/sells phones in his routine and his family knows and so whatever he decides is final. Still though, I have asked him to reconsider in 2-3 days. Kindly tell me would it be appropriate for me to buy this cell phone from him given that he is knowingly and willingly selling it cheap? ( and from the situation, there are no strings attached to this deal). Please advice.

Answer :

 Alhamdulillah.We received your query with regards to you buying a cell phone from one of your student. We apologize for the belated reply. Our response is as follows:
Generally, in Fiqh the Fuqahaa discuss the Ahliyyah (qualification) to carry out any particular act and generally, there are four qualifications: a) Muslim, b) Free, c) Sane, d) Adult.
In the enquired case it will be permissible to buy the cell phone from the student since he is an adult and he is independent to do any type of transaction.
It seems from your query that you have a misconception with regards to a minor transacting. In Shariah one of the conditions of a transaction is that the seller and the buyer must be sound mind even if they are minors, i.e. a minor who has reached an understandable age may do any transaction that is of benefit to him/her, if there is a possibility of a loss, for example, in buying, selling, hiring, etc. then the minor requires the consent of his/her guardian to effect such a deal.
However, if there is any angle of negativity in purchasing from your student, then is advisable to abstain from dealing with him.
أما شرائط الانعقاد فأنواع منها في العاقد وهو أن يكون عاقلا مميزا كذا في الكافي والنهاية فيصح بيع الصبي والمعتوه اللذين يعقلان البيع وأثره ، كذا في فتح القدير وأن يكون متعددا فلا يصلح الواحد عاقدا من الجانبين كذا في البدائع إلا الأب ووصيه والقاضي إذا باعوا أموالهم من الصغير أو اشتروا منه ويشترط في الوصي أن يكون فيه نفع ظاهر لليتيم وإلا لرسول من الجانبين هكذا في البحر الرائق وإلا العبد يشتري نفسه من مولاه بأمره كذا في العيني شرح الهداية
الفتاوى الهندية – ج 3 – ص 2 – مكتبه رشيديه
 
 
 
And Allah Ta’āla Knows Best
Mufti Hussein Issa,
Student of Darul Iftaa
Mozambique
 
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net