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some buying and selling and exchanges within the purview of riba. This hadith means that
if the six things mentioned here are exchanged with one another of their own kind or
bought and sold (mutually) then it is imperative that the exchange should be like for like
and equal for equal and delivery should be on spot. If anyone gives another his wheat
against barter than he must take from him the same quantity that he had given him. 'Hand
to hand' or 'on spot' means that each party must take hold of his right in the same meeting
in which the transaction is finalized, before separating from one another. Neither of them
must put off his delivery. If these things mentioned here are not observed then the
transaction will fall under the purview of riba.
The question arises whether the ruling of riba applies to only these six things that are
mentioned in the hadith, or are they presented by way of example and are other things
included in this command? If they are then what is in ruling for them?
The ulama (Scholars) who have studied it deeply, deduce that this hadith mentions the six
things by way of example. They have deduced that other things like iron, lime, etc. are also
of the same type. They have each made independent deduction for each of these six things
to show why riba does not cover them. The detailed explanation follows.
Imam Maalik als, said that of the six things, gold and silver fall under the purview of riba
because of their price factor and the other four things because of their quality of being
preservable. Imam Maalik aus; has ruled that the other things will be based on these six if
they have the price factor or are preservable. Thus vegetables, fruit and eatables that cannot
be preserved for long may be exchanged with their kind or bought and sold with riba
meaning decrease or increase, this being allowed.
Imam Shafi agrees that the price factor of gold and silver is the cause of riba, but riba
operates in the remaining four things because of their esculent nature (being eatables).
According to him, the ruling or riba will be applicable to from sections of vegetables, fruit
and medicines. It is permitted to exchange these things (homogeneous) equal to equal but
not allowed to deal in them with reduction or excess. Imam Shafi'I als, also holds that
riba will not be operative in the homogeneous trading of iron, copper, tin, minerals, lime
and such other things. For instance, it is correct to receive two measure (of capacity) of lime
against one measure of lime, of two kilograms of iron or copper against one.
Imam Abu Hanifah att, holds that riba is present because of qadr cum jins.' On this basis,
according to the Hanafis, since weight determines riba and gold and silver, it will
applicable in every such thing that is bought or sold by weight, like iron copper etc. As for
the remaining four things, riba becomes applicable because of measure (of capacity), so the
command of riba will apply to every such thing exchanged on the basis of measure, like
lime, etc. Besides, it has been explained previously that the command of Shari'ah (divine
law) cannot be amended. Hence, gold and silver are bought and sold by weight as per
Shari'ah (divine law) and attract the command of weighable and wheat, barley, dates and
salt are defined by Shari'ah (divine law) as measurable so they attract the command of
trading by measure. The usage of custom may be otherwise but that does not change the
command of Shari'ah (divine law). Hence, the criteria for a transaction of gold or silver
being permissible, weight will be considered. If gold is gold for gold and silver for silver
then it is necessary for weight to be equal for equal and it Is not allowed that weight should
be less or more. If any one sells or buys the measurable like wheat then it will not be
allowed if he sells one kilogram of wheat for one kilogram, but it will be correct if wheat is

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!
equal in measure (of capacity) from both sides (However, we have stated previously that
Imam Abu Yusuf als, of the Hanafis contends that custom and usage will dictate whether
any things is measurable weighable and the Hanafis go by his verdict.) The same command
applies to barley, dates and salt.
If Shari'ah (divine law) has not classified anything as weighable or measurable then custom
will be followed. Thus, iron and copper are exchanged by weight in usage, so it is
necessary that transactions of these should be by weight - equal for equal. If they are
unequal then riba will be deemed to have been applied.1
(٢٨٠٩) وَعَنْ أَبٍ سَعِيدٍ الْخُدْرِيِّ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الذَّهَبُ بِالذَّهَبِ وَالْفِقَّةُ.
بِالْفِضَّةٍ وَالْبُّبِالْبُرِّ وَالشَّحِيْرُ بِالشَّحِيْرِ وَالثَّعْرُ بِالشَّمْرِ وَالْمِلُْ بِالْمِلْحِ مِثْلًا بِمِثْلٍ يَدَّا بِّدٍا فَمَنْ زَادَ اوِ اسْتَزَادَ
فَقَدْ آربِى الْآخِذُ وَالْمُعْطِى فِيُوِسَواء-(رواه مسلم)
2809. Sayyiduna Abu Sa'eed al-Khudri a+, narrated that Allah's Messenger at.
the said, "Payment for gold is by gold, for silver by silver, for wheat by wheat,
for barley by barley, for dates by dates and for salt by salt, like for like
(homogeneous) and (exchange being made) hand to hand. Hence, whose gives more
or demands more is as though he has received interest or paid interest. The receiver
and giver are at par (in guilt)."2
TRANSACTION OF GOLD & SILVER (OF HOMOGENOUS NATURE)
(٢٨١٠) وَعَنْهُ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا تَبِيْعُوْا الْذَّهَبَ بِالذَّهَبِ إِلَّ مِثْلًا بِمِثْلٍ وَلَّا
تُشِقُّوْا بَعْضَّهَا عَلَى بَعْضٍ وَلَا تَبِيُّهُوْا لُوَرِقَ بِالْوَرِقِ إِلَّ مِثْلًا بِمِثْلٍ وَلَّا تُشِقُّوْا بَعْضَّهَا عَلَى بَعْضٍ وَلَّا تَبِعُوا
مِنْهَا غَائِبًا بِنَاجِزٍ مُتَّفَقْ عَلَيْهِ وَفِيْ رِوَايَةٍ لَا تَبْعُوْا لذَّهَبَ بِالذَّهَبِ وَلَا الْوَرِقَ بِالْوَرِقِ إِلَّ وَزنَّابِوَنُپٍ.
2810. Sayyiduna Abu Sa'eed al-Khudri wan+, narrated that Allah's Messenger a.
Ljul said, "Do not sell gold, except like for like and do not increase one part over
another, Do not sell silver for silver, except like for like and do not increase one part
over another. Do not exchange prompt delivery with delayed delivery."3
COMMENTARY: This hadith is evidence that even gold jewellery or silver ornaments
must be exchanged with gold and silver of (same) equal weight. It is not permitted to
collect 'making charges' because that would amount to interest.
EXCHANGE THE HOMOGENEOUS EQUAL FOR EQUAL
(٢٨١١) وَعَنُ مَعْمَرِ بْنِ عَبْدِ اللّهِ قَالَ كُنْتُ أَسْمَهُ رَسُولَ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُوُلُ الْتَطَّعَامُ بِالَّعَامِ
مِثْلًا پمثلٍ- (رواه مسلم)
1 See: English translation of Hidaya v2 pg 6596. Darul Isha'at Karachi. And Tirmidhi v1 pp 530, 531.
(English tr) Darul Ishat, Karachi.
2 Muslim # 82-1584.
3 Bukhari # 2177, Muslim # 75-1584, Nasa'i # 4570, Muwatta Maalik # 30 (Buyu), Musnad Ahmad 3-
93.

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2811. Sayyiduna Ma'mar ibn Abdullah as a +, said that he often heard Allah's
Messenger L,så . say "Provision for provision (should be) like for like."1
CREDIT IS DISALLOWED IN EXCHANGE OF THE HOMOGENEOUS THINGS
(٢٨١٢) وَعَنْ عُمَرَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ الذَّهَبُ بِالذَّهَبِ رِبَّا إِلَّهَاءَ وَهَاءٍ والْوَرِقُ
بِالْوَرِقِ رِبًّا إِلَّمَاءِ وَهَاءَ وَالْبُرُّ بِالْبُزِّرِبًا إِلَّ هَاءَ وَهَاءَ وَالشَّحِيْرُ بِالشَّحِيُرِ رِبًّا إِلَّهَاءَ وَهَاءَ وَالثَّمْرُ بِالشَّمُرِ رِبًّا
إِلَّهَاءَ وَهَاءَ- (متفق عليه)
2812. Sayyiduna Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"Gold for gold (equal for equal too) is riba (interest) unless is hand to hand. Silver
for silver is interest unless it is hand to h and. Wheat for wheat is interest unless it
is hand to hand. Barley for barley is interest unless it is hand to hand. Dates for
dates is interest unless it is hand to hand."2
COMMENTARY: There can be three possibilities of exchange of things of the same jins (the
homogeneous).
(i)
They are either weighable or measurable.
(ii)
They are either spot delivery (cash) both ways or deferred both ways.
(iii)
They are spot one side but deferred for a few or more days on the other side.
Of these three, the first possibility is allowed for buying and selling provided they are
equal for equal in that if they are weighable they are of equal weight and if measurable of
equal measure, and both ways they are spot.
The other two are not allowed even though they be equal for equal in qadr and
homogeneous because they are deferred payment both way or one way.
SUPERIORITY OR INTERIORITY HAS NO EFFECT ON APPLICATION OF USARY
(٢٨١٣) وَعَنْ آنٍ سَعِيْدٍ وَأَبٍ هُرَيْرَةَ أَرَّ رَسُولَ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِسْتَعْمَلَ رَجُلًا عَلَى خَيْبَرَ فَجَاتَّهُ
بِتَّمْرٍ جَنِيْبٍ فَقَالَ أَكُلُّ تَمْرٍ خَيْبَرَ هُكِّذَا قَالَ لَا وَاللَّهِ يَا رَسُوْلَ اللَّهِ إِنَّا لَتَأْخُذُ الشَّاءَ مِنْ هَذَا بِالقَّاعَيْنِ
وَالصَّاعَيْنِ بِالثَّلَاثِ فَقَالَ لَا تَفْعَلُ بِعِ الْجُمْعَ بِالدَّرَاهِمِ ثُوَّ ابْتَّهُ بِالذَّرَاهِمِ جَنِيْبًّا وَ قَالَ فِى الْمِيْزَانٍ مِثْلُ
ذَالِكَ مُتَّفَقْ عَلَيْهِ-
2813. Sayyiduna Abu Sa'eed رضى الله عنه and Sayyiduna Abu Hurayrah رضى الله عنه narrated
that Allah's Messenger صلى الله عليه وسلم appointed a man (as an officer) over Khaybar. He
brought him (when he came back) dates of very good quality. He asked him. "Are
all dates of Khaybar like that?" He said, "No, by Allah, O Messenger of Allah.
Rather, we take a sa' of this kind for two (sa') and two sa' for three (sa' of the poor
quality)." He said, "Do not do that. Rather, sell them all for dirhams and then buy
the dates of very good qualify for dirhams.' And, he said, "The same applies when
anything is sold by weight."3
1 Muslim # 93-1592.
2 Bukhari # 2134, Muslim # 75-1586, Abu Dawud # 3348, Darimi # 1247, Nasa'i # 1558, Ibn majah #
2759, Muwatta Maalik # 38 (Bayu) Damin # 2578.
3 Bukhari # 2201, Muslim # 95-1593, Nasa'i # 4553, Darimi # 2577, Muwatti Maalik # 21 (Buyu)

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COMMENTARY: The same command applies to things bought and sold by weight as
applies to measurable. 'If two homogeneous things are exchanged, it is not allowed to give
less weight of the superior things against the interior, Rather, the inferior things may be
sold for money and of that money the desired superior may be bought.
(٢٨١٤) وَعَنْ أَبِيٍ سَجِيْدٍ قَالَ جَاء بِلَالْ إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بِتَمْرٍ بَرْنِيٍّ فَقَالَ لَهُ النَِّىُّ صَلَّى اللَّهُ عَلَيْهِ
وَسَلَّمَ مِنْ آَيْنَ هُذَا قَالَ عِنْدَنَا تَمْرُ رَدِىٌّ فَبِعْتُ مِنْهُ صَاعَيْنِ بِصَاءٍ فَقَالَ آوَّهُ عَيْنُ الرِّبَالَا تَفْعَلُ وَلكِنَّ إِذَا
آرَدْتَّ آَنْ تَشْتَرِىَ فَبِعِ الثَّمْرَ بَيْعِ أُخَرَ ثُمَّ اشْتَرِبِه- (متفق عليه)
2814. Sayyiduna Abu Sa'eed narrated that Sayyiduna Bilal As a +) came to the
Prophet صلى الله عليه وسلم with dates of good quality. So, the Prophet صلی الله عليه وسلم asked .
him. "From where have you bought these?" He said, "I had some inferior dates. So,
I exchange two sa' of that with one sa' (of the superior ones)." He said, "Ah! That's
exactly riba! Exactly riba! Do not do it, but when you intend to buy (the choicest),
sell the (inferior) dates in a deal apart and then buy (the superior) with it (meaning
with the proceeds)."1
TWO SLAVES FOR ONE
(٢٨١٥) وَعَنْ جَابٍِ قَالَ جَاء عَبْدْ قَبَايَةَ النَِّيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَلَى الْهِجْرَةِ وَلَمْ يَشْعُرُ أَنَّهُ عَبْدْ فَجَاء سَيِّدُه
دُرِيِّدُهُ فَقَالَ لَهُ النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بِعُنِيْهِ فَاشْتَرَاهُ بِعَبْدَينٍ اسْوَدَيْنٍ وَلَمْ يُبَايِةَ أَحَدًّا بَعْدَهُ حَتَّى يَسْأَلَهُ
اَعَبْدُ هُوَ أَوْحُرُّ - (رواه مسلم)
2815. Sayyiduna Jabir we à+, narrated that a slave came and pledged allegiance to the
Prophet صلى الله عليه وسلم emigrate (promising to move from his native land to the Prophet
He said not know that he was a slave. Then, (after some days) his master .(صلى الله عليه وسلم
came looking for him. The Prophet صلى الله عليه وسلم said to him, "Sell him to me," and he
bought him for two black slaves. After that, he never took a pledge of allegiance from
any one without (first) asking him whether he was a slave or a free man."2
COMMENTARY: We know from this hadith that it is allowed to take or give against one
slave two. Also, it is permitted to deal in those things that do not attract riba, in such a way
صلى الله عليه وسلم that less is exchanged for more. According to sharh us sunnah (Prophet's
practice), the ulama (Scholars) have deduced from it that it is allowed to take or give two
animals against one on the spot even if they are of the same jins (specifies) both way, or of
two jins. But, the ulama (Scholars) differ on whether it is permitted to give and take animal
against animal on credit. Some of the sahabah (Prophet's Companions) + d +, did not
approve it, as also Ata ibn Abu Ribah als>, and Imam Abu Hanifah aw>,. They cite that the
prophet صلى الله عليه وسلم forbade credit transaction of animal against animal. However, some
sahabah (Prophet's/Companions) رضى الله عنهم said that it is allowed and Imam Shafi'I رحمه الله also
subscribed to this opinion.
1 Bukhari # 2312, Muslim # 96-1594, Nasa'i # 4557.
2 Muslim # 123. 1602, Tirmidhi # 1243, Musnad Ahmad # 14778, Ibn Majah # 2869, Abu Dawud #
3358.
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HOMOGENEOUS ITEMS OF UNKNOWN QUANTITY AGAINST KNOWN
QUANTITY DISALLOWED
(٢٨١٦) وَعَنْهُ قَالَ تَى رَسُولُ اللهِ صلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعِ الشُّبْرَةٍ مِنَ التَّمْرِ لَا يُعْلَمُ مَكِيْلَتُهَا بِالْكُمْلِ
الْمُسَتِى مِنَ الشَّمْرِ - (رواه مسلم)
2816. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم forbade
the sale of a pile of dates of unknown measure against dates of a specific measure.1
COMMENTARY: (the word (J.5), measure, not weight, is used for dates.)
The pile of dates could be more or less than the specific measure of dates. Such
exchange would be usurious. This kind of transaction is forbidden for things of a
homogeneous nature, of the same jins. But, this kind is not forbidden for heterogeneous
things, because it is allowed to buy and sell things of different kinds of more or less
quantities against one another.
BUYING SELLING GOLD
(٢٨١٧) وَعَنْ فَضَالَةً بْنِ آَنِ عُبَيْدٍ قَالَ إِشْتَرَيْتُ يَوْمَ خَيْبَرَ قِلَادَةً بِقْتَ عَشَرَ دِيْنَارًا فِيْهَا ذَهَبُ وَخَرَزْ
فَفَضَّلْتُهَا فَوَجَدْتُ فِيُّهَا أَكْثَرَ مِنَ اثْنَى عَشَرَ دِيْنَارًا فَذَكَّرُتُ ذُلِكَ لِلنَّتِي صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَ لَا تُجَاءُ
حَتّى تُفَصِّلَ- (رواه مسلم)
2817. Sayyiduna Fadalah ibn Ubayd Asa+, (Ansari) narrated that on the day (of the
battle) of Khaybar he had bought a necklace of gold adorned with gems for twelve
dinars. When he removed the gems, he found that it was worth more than twelve
dinars. He informed the Prophet y,lei do about it and he said, "It should never be
sold till they are separately valued."2
COMMENTARY: If two things on which riba might operate are traded with one another
both being of the same jins and one of them contains something heterogeneous then this
trade is disallowed. Thus if an ornament has gold and pearls, then it may only be exchange
with other gold, like for like and equal for equal, after its pearls are removed from it the
same applies to silver. The transaction of exchange in either case may be in money or in
any other form, the gems, pearls or such like must be removed first. This command is made
to prevent homogeneous things being exchanged with excess or deduction and thus
become usurious.
If jewellery of gold with its ornaments (gems, etc.) is sold against silver whether silver
coins or otherwise, or silver jewellery with gems etc. is sold against gold whether gold
coins (ashrafis) or otherwise, then in such cases the ornaments (gams, etc.) need not be
removed. This is because things of different jins may be bought and sold against one
another with excess and deduction too. Any reduction or addition does not amount to
interest.
1 Muslim # 42. 1530, Nasa'i # 4547.
2 Muslim # 90-1591, Tirmidhi # 1259, Abu Dawud # 3352, Nasa'i # 4573, Musnad Ahmad 6-21.

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الفضلُ الثَّانِى
PROPHET'S صلى الله عليه وسلم PREDICTION ABOUT RIBA
(٢٨١٨) عَنْ أَبِي هُرَيْرَةَ عَنْ رَّسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَيَاتِيَنَّ عَلَى النَّاسِ زَمَانْ لَّا يَبْقَى أَحَدْ إِلَّ اِلَ
الرِّبَا فَإِنْ لَمُ يَا كُلُّهُ أَصَابَهُ مِنْ بُخَارِهِوَيُرْوَى مِنْ غُبَارٍ؟- (رواه احمد وابوداود والنسائى وابن ماجة)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .2818
said, "A time will come over the people, certainly, when no one will be spared from
receiving riba. If he does not take it, he will get its vapour nevertheless. (Some
versions have instead of 'its vapour': ) or get its dust."1
COMMENTARY: Its (,%) or (,4) (dust) implies its effects. When that time comes and
anyone manages to live without consuming interest, he will endure its effects nevertheless.
For instance, he might be employed with a person who is engaged in interest taking or
giving, or, be associated with him in any way, or have business relations with him etc.
when the field of interest expands to every kind of business and industry and economy (as
it is today), the merchandise on which interest is paid will come in the hands of everyone.
For example, in these our times, a man may be exceptionally pious and god fearing,
abstaining even from the doubtful, but when he buys toffees for his children, how can he
be sure that what insignificant thing he buys has not gone through any stages of interest
payments and receipts. The hadith says the same things: a time will come when the curse
of interest will be so wise spread that knowingly or unknowingly every one will be
involved in it somehow or other. There will be those who involve themselves in it on
purpose, but here will also be some who are absolutely unaware that they are affected by it.
ELEMENT OF INTEREST IN TRANSACTIONS OF HETEROGENEOUS NATURE IS
PERMITTED
(٢٨١٩) وَعَنْ عُبَادَةَ بْنِ الشَّامِتِ آَثَّ رَسُولَ اللَّهِ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَاتَبِْهُوْا الذَّهَبَ بِالذَّهَبِ وَلَا
الْوَرِقَ بِالْوَرِقِ وَلَّا الْبُرَّبِالْبُرٍ وَلَّا الشَّمِيْرَ بِالشَّحِيْرِ وَلَّا الشَّمْرَ بِالنَّمْرِ وَلَا الْمِلْعَ بِالْمِلْحِ إِلَّ سَوَاءً بِسَوَاءٍ عَيْنًا
بِعَيْنٍ يَدًا بِيَدٍ وَلَكِنْ يُهُوُ الذَّهَبَ بِالْوَرِقِ وَالْوَرِقَ بِالذَّهَبِ وَالْبُرَّبِالثَّعِيْرِ وَالشَّعِيْرَ بِالْبُرِّ وَالْثَّمْرَ بِالْمِلْحِ
وَالْمِلُمَّ بِالتَّمُرِيَدًا بِيَّدٍ كَيْفَ شِلْتُمُ - (رواه الشافعى)
صلى الله عليه وسلم Sayyiduna Ubadah ibn as-Samit narrated that Allah's Messenger .2819
said, "Sell not gold for gold, silver for silver, wheat for wheat, barley for barley,
dates for dates, or salt for salt except equal for equal and hand to hand. But, you
may sell gold for silver, silver for gold, wheat for barley, barley for wheat, dates for
salt and salt for dates, hand to hand (meaning spot deliveries), as you wish."2
COMMENTARY: If two homogeneous things are bartered then they must be exchanged
equal for equal and hand to hand. If two heterogeneous things are bartered than the
transaction must be hand to hand and it is not necessary that they be equal for equal.
1 Abu Dawud # 4560, Ibn Majah # 2254 (or 2278).
2 Nasa'i # 4560, Ibn Majah # 2254.

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EXCHANGE OF DRY & FRESH DATES
(٢٨٢٠) وَعَنْ سَعْدِ بْنِ آَنٍ وَقَّاصٍ قَالَ سَمِعْتُ رَسُولَ اللَّهِ عَلَّى اللهُ عَلَيْهِ وَسَلَّمَ سُئِلَ عَنُ شِرَاءِ الشَّهْرِ
بِالُّطَبِ فَقَالَ آَيَنْقُصُ الرُّطَبُ إِذَا يَبِسَ فَقَالَ نَعَمُ فَتَهَاهُ عَنْ ذَالِكَ - (رواه مالك والترمذى وابوداؤد
والنسائى وابن ماجة)
2820. Sayyiduna Sa'd ibn Abu Waqqas ws & >, narrated that he heard Allah's
Messenger صلى الله عليه وسلم being asked about purchase of dry dates for fresh dates. So
he asked, "Do fresh dates lose weight when they become dry?" He was told "Yes!"
He then disallowed that.1
COMMENTARY: The Prophet صلى الله عليه وسلم disallowed barter of fresh and dried dates
because that defeats the condition of both being and will become a usurious transaction.
Imam Maalik رحمه الله, Imam Shafi'l رحمه الله, Imam Ahmad رحمه الله and most other ulama
(Scholars) as also the Hanafi imams, Abu Yusuf ales, and Muhammad alda>, abide by this
hadith. However, Imam Abu Hanifah alos, has said that homogeneous dry and fresh fruit
are allowed to be bartered, provided fruit of both sides are equal in weight or quantity
(qadr). He classified this hadith as nasi'ah, saying that the disallowance in the hadith is if
one p[arty gives prompt delivery while the other defers delivery. His deduction is
supported by another hadith: "The Prophet صلى الله عليه وسلم forbade exchange of fresh dates
with dried when it is a credit sale."
Besides, the command that applies to dried and fresh dates applies equally to all fruit
including grapes, etc. It also applies to dry and fresh meat.
EXCHANGE OF FLESH & ANIMALS
(٢٨٢١) وَعَنُ سَعِيْدٍ بُنِ الْمُسَيِّبٍ مُرْسَلًا آَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ تَى عَنْ بَيْعُ اللَّهُمِ
بِالْحُوَانِ قَالَ سَعِيُدْ كَانَ مِنْ مَيْسِرٍ أَهْلِ الْجَاهِلِيَّةِ - (رواه فى شرح السنة)
2821. Sayyiduna Sa'eed ib al-Musayyib us àn >, reported in a mursal form that
Allah's Messenger صلى الله عليه وسلم forbade sale of meat for animals. He also said that
sale of meat for animals was a kind of gamble of the days of ignorance.2
COMMENTARY: Imam Shafi a>, cites this hadith to say that it is unlawful to barter
meat with an animal, even if the meat is of an animal of the same jins as the animal
traded or of another species, whether that animal is lawful food or not. But, Imam Abu
Hanifah and>, says that this thing is allowed because that which is weighed is sold for
that which is not weighed and in such cases it is not necessary that both times be equal.
This sort of business is permitted but delivery must be prompt both ways. The hadith
disallows the transaction of animal against when delivery is not on spot, but prompt on
one side and deferred on the other.
1 Tirmidhi # 1229, Abu Dawud # 3359, Nasa'i # 4545, Ibn Majah # 2264, Muwatta Maalik # 22 (Buyu),
Musnad Ahmad 1-175.
2 Sharh us sunnah (Prophet's صلى الله عليه وسلم practice). Muwatta Maalik # 64 (Banu).

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BETTER ON DEFERRED BASIS IS DISALLOWED
(٢٨٢٢) وَعَنُّ سَمُرَةَ بْنِ جُنْدُبٍ آَّ النَِّيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ تَى عَنْ بَيْعِ الْخَيْوَانِ بِالْحُوَانْ نَسِيْئَةٌ۔
(رواه الترمذى وابوداود والنسائى وابن ماجة والدارمى)
صلی الله عليه وسلم narrated that the Prophet رضى اله عنه Sayyiduna Samurah ibn Jundub .2822
forbade sale of animals for animals if payment was to be deferred to a later date.1
ABOUT CREDIT ON HETEROGENEOUS THINGS
(٢٨٢٣) وَعَنْ عَبْدِ اللّهِ بْنِ عَمْرِو بْنِ الْعَاصِ آَكَّ النَّيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ آَمَرَهُ أَمْ يُجَهِّزَ جَيْئًّا فَنَفِدَتِ
الَّإِبِلُ فَأَمَرَه اْ يَّاخُذَ عَلى قَلَائِصِ الشَّدَقَةِ فَكَانَ يَاخُذُّ الْبَحِيْرَ بِالْبَعِيُرَيْنِ إِلى إِبِلِ الصَّدَقَّةِ-(رواه ابوداود)
2823. Sayyiduna Abdullah ibn Amr ibnal-Aas as a +, narrated that the Prophet
instructed him to prepare equipment for an army (to be able to join it صلى الله عليه وسلم
himself). So, when the camels fell short (and some people, Abdulllah us dn (+)
among them, could not get a camel), Prophet صلى الله عليه وسلم instructed him to take
(as loan) a camel against the camels of zakah (Annual due charity) (when he
could get it). So he took a camel against two camels of zakah (Annual due
charity) payable when he got them.2
COMMENTARY: Loan or debt is allowed only of such a thing as has a like of it. This
means that the debtor will be able to return the like of what he borrows, for example, rice,
eggs, meat, cash etc. These things are called (du) (mithli - like). It is not proper to borrow a
thing the like of which is difficult to return to the creditor. Such things are called ( .* )
(ghayr mithli - unlike).
In this hadith, the Prophet صلى الله عليه وسلم instructed Sayyiduna Abdullah رضى الله عنه to borrow a
camel from someone on the condition that when the camels receivable against zakah
(Annual due charity) arrived, he would repay his debt. Now according to Imam Abu
Hanifah alter), it is disallowed to borrow a ghayr mithli thing and the camel is one such.
Hence, the Hanafis say that at the time the Prophet صلى الله عليه وسلم had given this instruction, it
was permitted to borrow ghayr mithli things too. But, later the permission was withdrawn,
so this hadith stands abrogated.
However, Shaykh Abdul Haq al-, has regarded the command of this hadith as based on
Bai' (buying and selling) and said that it seems that it is allowed to borrow an animal
against an animal. However, our ulama (Scholars) (of the Hanafi school) have disallowed it
رحمه الله Hence, Toorpushti . (2822 #) رضى الله عنه in the light of the (previous) hadith of Samurah
has classified this hadith of Abdullah ibn Amr As an+, as da'if (weak) while the hadith of
samurah was an b) is much more sound than this. Therefore, the Hanafis abide by the hadith
.رضى اله عنه of Sayyiduna Samurah
Or, the Prophet صلى الله عليه وسلم had given this instruction when the barter of two homogeneous
items was not regarded as riba if exchanged on loan or debt. But, when this sort of
exchange was classified as riba, this hadith was abrogated.
1 Tirmidhi # 1241, Abu Dawud # 1237. Nasa'i # 4620, Ibn Majah # 2270, Musnad Ahmad 5-12.
2 Abu Dawud # 3357, Musnad Ahmad 2-171.

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الفَصلُ الثَّالِثُ
SECTION III
ABOUT RIBA IN CREDIT TRANSACTION
(٢٨٢٤) عَنْ أُسَامَةَ بْنِ زَيْدٍ أَكّ النَِّيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ الرِّبُوا فِي النَِّيْئَةِ وَفِيْ رِوَايَةٍ قَالَ لَّارِبُوا
فِيْمَا كَانَ يَدًا بِيَدٍ - (متفق عليه)
2824. Sayyiduna Usamah ibn Zayd رضى الله عنه narrated that the Prophet صلى اللهعليه وسلم said,
"Riba (interest) is found in credit transaction."
According to another version: "In a hand-to-hand transaction, there is no riba."1
COMMENTARY: If two equal qadr things are bartered on credit, one of them paying cash
and the other promising to pay later then though the jins may be different and they be
equal for equal, the element of riba is found in the transaction. Thus if anyone gives barley
for wheat then deduction and addition is allowed in this transaction provided it is hand to
hand transaction but if one of the sides defers payment then this thing is disallowed and it
will amount to interest.
If two people exchange two things of the same jins equal for equal and take delivery on the
spot then it is allowed and it is without interest. If both things are not of the same jins then
reduction and increase is allowed in the transaction and there will be no element of interest
provided delivery is on spot both ways.
WARNING AGAINST INTEREST
(٢٨٢٥) وَعَنْ عَبْدِ اللهِ ابْنِ حَنْظَلَةَ غَيِيْلِ الْمَلَائِكَةِ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ دِرُهُ رِبُوايَا
كُهُ الرَّجُلُ وَهُوَ يَعْلَمُ أَشَدُّمِنُ سِتَّةٍ وَثَلَائِيْنَ زِنْيَةٌ رَوَاهُ أَحْمَدُ وَالدَّارِ قُطْنِيُّ وَرَوَى الْبَيْهَقِيُّ فِيْ شُعَبٍ
الْإِثْمَانِ عَنِ ابْنِ عَبَّاسٍ وَزَادَ وَقَالَ مَنْ نَبَتَ لَهُهُ مِنَ السُّحْتِ فَالنَّارُ آولی په-
2825. Sayyiduna Abdullah ibn Hanzalah us ål », ghasil al-mala'ikah (meaning, he
who was given both by the angels) narrated that Allah's Messenger صلى الله عليه وسلم said,
"One dirham of riba that a man takes knowing that it is interest is more serious
than committing adultery thirty six times."
Bayhaqi reported it from Sayyiduna Ibn Abbas As a +, with the addition that the
Prophet Lyle in . also said, "If anyone's flesh is nourished with the unlawful then
hell is better for him."2
COMMENTARY: This warning applies to one who consumes riba knowing. But, it also applies
to one who takes riba unknowingly while he is careless in being unaware of the commands.
One who consumes interest is worse than him who commits adultery because Allah has
spoken more angrily about him than about the latter. He says about the interest receiver.
فَأْذَنُوْا مِحَرْبٍ مِنَ اللهِ وَرَسُولِهِ- (البقرة ٢: ٢٤٩)
{ .... be notified of war from Allah and His Messenger.} (2: 279)
Every sensible man known what a declaration of war means. If Allah and His Messenger
1 Bukhari # 2179, Muslim # 102-1596, Nasa'i # 4580, Ibn Majah # 2257, Darimi # 2580, Musnad
Ahmad 5-200.
2 Musnad Ahmad 5-225, Daraqutni and (from Ibn Abbas as & », Bayhaqi in Sha'b ul Eeman.

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declare war against anyone; or if anyone is at war against Allah and His Messenger en.
, then what can be said of his deprivation, wretchedness and utter ruin in both worlds?
The ulama (Scholars) say that such a serious warning and strong anger is not merely
because there is a practical straying when one deals in interest but since it is not easily
detected one strays into wrong belief too so that most people do not believe that interest is
forbidden. They are misled mentally to such an extent that they say that interest is lawful.
This leads them to disbelief ultimately. This means that they cannot hope for forgiveness.
In contrast, adultery is a very bad thing, a grave sin and every religion condemns it. No one
say that it is allowed.
Why is it said to be thirty six times worse? Only Allah and His Messenger yled to know why.
(٢٨٢٦) وَعَنْ ابٍ مُرَيْرَةً قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ الرِّبُوا سَبْعُوُنَّ جُزْءًا آَيَسَرُهَا آَنْ
يَنْكِحَ الرَّجُلُ أُمَّف
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .2826
said, "Riba (interest) has seventy parts. The lowest (of these in importance) is that a
man has sexual intercourse with his mother."1
(٢٨٢٧) وَعَنِ ابْنِ مَسْعُوْرٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ إِّ الرِّبُوا وَإِنْ كَثُرَ فَإَِّ عَاقِبَتَّه
تَصِيرُ إِلَى قُلِّ رَوَاهُمَا ابْنُ مَاجَةً وَالْبَيْهَقِىُّ فِى شُعَبِ الْإِيْمَانٍ وَرَوَى أَحْمَدُ الْآخِيُرَ.
2827. Sayyiduna (Abdullah) Ibn Mas'ud ano, narrated that Allah's Messenger
, Ale à said, "Receipts from interest may seem abundant but the end is poverty
(meaning deprival of blessings)."2
COMMENTARY: This is not a mere warning but a fact that there is not good or blessing in
the property derived through interest. The result is it wastes away leaving no trace at all.
This reality is observed in our day to day lives. The Qura says about it:
يَمُحَقُّ اللَّهُ الرِّبَا وَيُرُبيِ الصَّدَقَاتِ - (البقرة ٢: ٢-٢)
{Allah blots out usury and augments charity} (2: 276)
This verse mentions both interest and charity at once. While pointing out the contradiction
in these two things, it also discloses their diverse natures. Without any greed or
reimbursement, man gives charity only to please Allah while he devours interest from
others without compensating them, out of greed multiplying his disgrace. The intention of
doers on both sides is different: one seeks Allah's pleasure the other invites His anger.
The exegetes say that these results will be seen in the next world. The interest-taker will get
nothing in the hereafter but punishment while the property given in charity will provide
him everlasting honour and comfort. Besides that, some effects of these things are
witnessed in this world too. Millionaires become paupers overnight when they have made
money through interest earnings. Not all rich men go through this experience but usurous
people do lose money so rapidly.
We should not be deceived by the fleeting luxury of the usurous people, for in spite of all
1 Ibn Majah # 2274.
2 Ibn Majah # 2279, Musnad Ahmad 1-395.

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things that they possess, they lack comfort. This comfort is available only through
spiritual peace. This is available sometimes to people without their possessing anything
at all, not only to men but also to animals, but not available to some who have
everything. Even sleep evades then.
How stupid are they who wear themselves out for the sake of the means to comfort but
have nothing of comfort.
This state of their continuous uneasiness and mental discomfort causes them to be hard-
hearted and wretched. They have no mercy for the poor and needy. They are very cruel.
These traits can never earn them respect. They are looked down upon and detested. They
do not get even the most elementary respect from fellowmen.
INTERNATIONAL UNCERTAINTY IS BROUGHT ABOUT BY THE DEVOURERS OF
INTEREST
When we are speaking of it, let us examine another side of interest taking. Progress in the
scientific field and intense materialism has changed man's outlook of survival and manner
of thinking. He uses all his talents to gain material progress and has deprived his thought
and his emotions of the ability to distinguish between good and bad. He now concentrates
on the superfluous worldly momentary gains and is a prisoner seeking physical ease.
The result is that the hitherto accepted truths are now rejected. Centuries old ideologies are
considered to be worthless and unworkable.
Islam regards interest as unlawful for every individual and every section of people at all
times in all conditions. However, some seemingly educated people are put off from the
true path of religion and Shari'ah (divine law) by modern thought into the labyrinth of
ignorance. They say that the disallowance of interest is not only impossible to observe in
these times but also a hurdle and obstacle to commercial success and to material
prosperity. They hold that the current economic order based on interest is necessary for the
common good of all people and for their prosperity. They consider the large capitalist
countries, who have entangled the developing countries in the web of interest, as the only
hope for the prosperity of mankind. Rather, it is their own selfish motives that the big
powers hope to grind and they suck the blood of the poor in the same manner as
individuals used to do in the past.
The poor developing countries are under a burden of debt and mounting interest. The
result is that they obey the dictates of the large capitalist countries and there is utter
unrest everywhere ...
AN OBJECTION: some people having acquired modern education assert that the riba
forbidden in the Quran is not the customary interest. It was usury charged on loan
advanced to the poor and needy who faced dire circumstances. The cruel lender, instead of
helping the hard-stricken, advanced a loan with a specified rate of interest that broke the
back of the borrower. He took full advantage of the man's plight. Those people who say
that the Quran does not forbid interest assert that it forbade that kind of usury. Any similar
usury collected today also falls under purview of that prohibition and such usury is
charged by private lenders and individuals. Today's commercial agencies, banks and other
such institutions deal in a different kind of interest business. They pay rather than receive
interest. The poor people can invest a small sum of money and get regular returns. Hence,
according to these people present-day interest is not disallowed.
THE ANSWER: Any command of Islamic Shari'ah (divine law) concerns the principles and

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the entire Its operations is not changed by parts and kinds. Whatever Shari'ah (divine law)
has declared as forbidden, is forbidden wholly with all its parts and kinds. No one has a
right to exclude only portion of Allah's Command from operation or to limit its operation.
For instance, no one can say about the prohibition of wine that the prohibition applies to
wine of the ancient times served in bad quality vessels, but since vessels of today are good .
quality and production is in a refined, scientific manner, the command should not apply
anymore. Only one who is ignorant of the Shari'ah (divine law) will say such a thing. If the
commands of the Quran are changed in this way, then nothing will remain prohibited, not
even gambling, theft, robbery, adultery, indecency, etc. Every evil is not done in the same
way as it was done in the past. This does not mean that they become allowed.
Now, let us examine the question of riba. The Quran prohibits riba not once but in many
verses of different surahs. More than forty ahadith declare that it is disallowed. None of
these - not even a single word of them - gives a hint that the prohibition of riba is on a
· particular occasion or a particular situation. Nowhere is it stated that the prohibition
applies to individual transactions of riba and not to trade dealings. Rather, historically, it is
wrong to say that when the Quran was revealed the only kind of interest applicable was
charged to the poor and commercial interest dealings never existed. If we study the
background of the revelation of the verses, we shall learn that apart from private
transactions, commercial transactions of interest were also common. The Arabs,
particularly the Quraysh, were merchants and they paid and received interest for trade
purposes. Baghawi al-, has written that Sayyiduna Abbas usd+, and Sayyiduna Khalid
ibn Walid we an+) did business in partnership. They traded with the Banu Thaqif of Ta'if.
Abbas As an , ad a heavy amount of interest receivable from them. When he demanded
from them his past dues, the prophet reminded him that the Quran had made riba
unlawful, and instructed him - his paternal uncle - to write off the large amount of money.
He announced this is the sermon of the farewell pilgrimage in these words:
وَرِبَا الْجَاهِلِيَّةِ مَوْضُوْءٌ وَآَوَّلُ رِبُوا أَضَُّ مِنْ رِبُوا نَا رِبُوا عَبَّاسِ بُنِ عَبْدِالْمُطَلِبٍ
[The riba of pre-Isamic days is written off. The first of these from our riba that I
write off is the riba of Abbas ibn Abdul Muttalib.]
There are other examples of tribes and families having claims of interest on other tribes and
families because of their mutual business dealings. Loans are not known to have been
extended generally for personal needs but there were business transactions continuously.
In fact, they had regarded riba to as a kind of business. The Quran rejected this idea and
warned those who advocated it.
As for the banks paying interest to the poor on their deposits, this is a deception. These
deposits are loaned to businessmen and industrialists expand their businesses and
industries. They pay interest to bank out of their huge earnings and banks pay a paltry
some to their depositers. The true beneficiaries from the banks are the rich, and the
deprived are the poor. Instead of depositing the money at the bank, the poor ought to
invest in a small business.
The few rich take large loans and control much of the industry and business and drive out
the small traders. Business that could have been of benefit to the whole nation comes
down in the hands of a few people. Prices rise and the poor are squeezed. The interest that
they earn on their deposits goes into thin air ....
This is why Islam has disallowed interest whatever its form.

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(٢٨٢٨) وَعَنْ أَبِيْ هُرَيْرَةً قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ أَتَيْتُ لَّيْلَةُّ أُسْرِىٌّ بِيْ عَلَى قَوْمٍ بُطُوُهُمْ
كَالْبُيُوتٍ فِيْهَا الْحِيَاثُ تُزِى مِنْ خَارِجِ بُطُونِهِمْ فَقُلْتُ مَنْ هُؤُلَاءِ يَا جِبْرِيْلُ قَالَ هُؤُلَاء اَكَلَةُ الرِّبَا۔ (رواه
احمد وابن ماجة)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .2828
said, "On the night I was taken to the heavens (which was the night of al-Isra or al-
Miraj). I came across people whose bellies were like houses. There were snakes in
them what could be seen from outside their bellies. I asked, 'They are those who
consumed riba."1
PROPHET'S صلى الله عليه وسلم CURSE ON INTEREST RECEIVERS
(٢٨٢٩) وَعَنْ عَلِيٍّ أَنَّهُ سَمِعَ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَّعَنَ اكِلَ الرِّبَا وَمُؤْكِلَّهِ وَكَاتِبَهُ وَمَانِهَ الشَّدَفَّةٍ
وَكَانَ يَنْفِى عَنِ النَّوْحِ- (رواه النسائى)
صلى الله عليه وسلم narrated that he heard Allah's Messenger رضى الله عنه Sayyiduna Ali .2829
curse those people who received interest, those people who paid it those people
who recorded the transaction and those people who declined to give sadaqah
(charity). Also, he forbade wailing.2
COMMENTARY: Those who decline to give sadaqah (charity) could also be those who
prevent others from giving sadaqah (charity). They could also be those who do not pay the
wajib (obligatory) sadaqah (charity) which is zakah (Annual due charity).
Wailing includes to praise the dead person and to cry loudly in a shrieking voice. It is a
very undignified act.
UMAR'S رضى الله عنه EXPLANATION OF RIBA
(٢٨٣٠) وَعَنْ عُمَرَ بُنِ الخُطَّابٍ إِّ أُخِرَ مَانَزّلَتْ أَيَّةُ الرِّبَاوَاََّ رَسُولَ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قُبِضَ
وَلَمُ يُفَسِّرُهَا لَنَا فَدَعُوا الرِّبَا وَالرِّئْبَة- (رواه ابن ماجة والدارمى)
2830. Sayyiduna Umar ibn al-Khattab us a+, said, "The last of what was revealed
(of the Quran) was the verse of riba, but Allah's Messenger صلى الله عليه وسلم was taken
without his explaining it to us. So abstain from usury and what is doubtful."3
COMMENTARY: We have stated in the very initial pages that even before Islam profit was
taken at a specified rate on loans and debts, during the jihiliyah (ignorance period). When
the Quran forbade riba, the Prophet صلى الله عليه وسلم not any imposed the command on the
interest as known and practice at that time but he also gave it a wider application as
explained in the previous pages. However, he did not live long after the verse was revealed
and could not expound the command beyond that.
Sayyiduna Umar was +, meant to ask "was the application limited to the six things only or
1 Ibn Majah # 2273, Musnad Ahmad 2-363.
2 Nasa'i # 5103.
3 Ibn Majah # 2276, Darimi.
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did the Prophet صلى الله عليه وسلم name them only or did the Prophet صلى اللهعليه وسلم name them only
by way of example? (hadith # 2808). (They were gold silver, wheat, barley, dates and salt)
As we explained, the imams who came later drew out a rule and included other things too
according to the rule.
In short, before the revelation of the Quran, the Arabic word riba was used in the sense; 'to
receive profit on the amount given as loan.' It was practiced all over Arabia. The people of
Arabia understood only this particular thing as riba and there was no confusion or doubt
about this word. Therefore, when the Quran announced that riba was disallowed, no one
found it difficult to understand to obey the order. However when the prophet ,lean
unlarged its sphere in the light of a revelation and they were at variance with what the
Arabs had under stood and additional to what they knew as interest and, by a coincidence,
the Prophet صلى الله عليه وسلم died before explaining those addition as practically, Sayyiduna
Umar us à , found it difficult to fathom their details. So, he made ijtihad and pursued a
safe course. He said that riba should be abandoned completely where it was very clear and
known as per usage, and also the mutual buying and selling which was pointed out by the
Prophet صلى الله عليه وسلم to be riba. He also said that anything that created doubt or was similar
to riba should be given up too.
A MISUNDERSTANDING: Some people have used this saying of Sayyiduna Umar a+,
As to cast doubt on riba in general. However, he only had wondered whether the six things
that the Prophet صلى الله عليه وسلم had named as usurous were the only ones or others which
were like them came in the same category. He was worried that the people might suppose
that only these six transactions were usurous accord not be careful about others. This is
why he instructed the people to abstain from the doubtful and those that were similar to
the six things named by the Prophet (> Jude in which there was likelihood of interest being
practiced.
While his words were about these things specifically, these people included all kinds of
interest in this saying. They did more mischief by alleging that umar's usd +, words meant
that interest (receiving and giving) was not disallowed.
CREDITOR SHOULD NOT ACCEPT GIFT OF THE DEBTOR
(٢٨٣١) وَعَنْ آَنَسٍ قَالَ قَالَ تَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِذَا أَقْرَضَ أَحَدُكُمْ قَرْضًا فَأَهْدِى إِلَيْهِ أَوْحَمَلَهُ
عَلَى الدَّاتَّهِ فَلَايَرْ كَبْهُ وَلَّا يَقْبَلُهَا إِلَّ أَنْ يَكُوُجَ جَرِى بَيْنَهُ وَبَيْنَّهُ قَبْلَ ذَالِكَ - رَوَاهُ ابْنُ مَاجَةً وَالْبَيْهَقِىُّ
فىشُعب الإێَاپ-
2831. Sayyiduna Anas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"When one of you lends some money (to someone) and the debtor sends him a gift
or offers him an animal to ride, he must neither ride it nor accept it unless this had
been customary between them before that."1
COMMENTARY: The creditor must not accept any sort of a gift from his debtor because
that might look like interest. Whether the creditor earns from the debtor is counted as
interest. However, if the two had been used to exchange gifts then the creditor may
1 Ibn Majah # 2432, Bayhaqi in Shu'ab ul eeman # 5532.

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accepted the debtor's gift because, in this case, he would not be under pressure to give him
a present. Rather, it would be a reciprocal gesture.
It is reported about Imam Abu Hanifah ala>, that he had lent money to someone. One day,
he went to his home to get a repayment. He waited outside in the heat for the man to come
out but did not stand in the shade of his house because, though there was no bar to it in
Shari'ah (divine law), yet it was against perfect righteousness to benefit from the shade of
the man's wall. He stood in the sun for a very long time before the man came out. This was
his perfect example of taqwa (piety) that he refrained from the shade of the debtor's wall.
It is written in Malabudminhu that according to a hadith if a loan is liable to benefit the
lender then it is regarded as riba. The lender must not accept the borrower's invitation, too
unless they were on friendly terms already visiting one another. It is also written that it is
makruh (disapproved) for the lender to use the shade of the borrower's wall.
(٢٨٣٢) وَعَنْ آَنَسٍ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ إِذَا أَقْرَضَ الرَّجُلُ الرَّجُلَ فَلَا يَاخُذُّ هَدِيَّةٍ - رَوَاءُ
الْبُخَارِيُّ فِيْ تَارِيخِه هُكَذَا فِي الْمُنْتَقی۔
2832. Sayyiduna Anas رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "When a
man extends a loan to another man, he should not take a gift."1
(٢٨٣٣) وَعَنْ آَبِ بُرُدَةَ ابْنِ آَبٍ مُؤْسى قَالَ قَدِمْتُ الْمَدِيْنَةَ فَلَقِيْتُ عَبْدَ اللَّهِ بْنَ سَلَاٍ فَقَالَ إِنَّكَ بِأَرْضِ فِيْهَا
الرِّبُوا فَاشِ فَإِذَا كَاكَ لَكَ عَلَى رَجُلٍ حَقٌّ فَأَهْدِى إِلَيْكَ حِمْلَ تِبْنٍ أَوْحِمْلَ شَعِيٍُ أَوْ حَبْلَ قَتٍّ فَلَا تَاخُذُّه
فَإِنَّهرِبُوا - (رواه البخارى)
.
2833. Sayyiduna Abu Burdah ales, son of Abu Musa can+, narrated that when he
came to Madinah he met Sayyiduna Abdullah ibn Salaam us al +, who said to him,
"You are in a land where riba is common. So, if you have right over anyone
(meaning that if any one is your debtor) and he presents you a load of straw, or a
load of barley, or a bundle, of grass, do not take it because that is interest."2
COMMENTARY: The ulama (Scholars) say that every loan to which a condition of some
sort of profit is attached is riba (or interest). Every gain that the lender derives from the
borrower because of the pressure of the debt of gratitude for it is interest.
RULING: If the creditor derives some benefit from the debtor before advancing to him a
loan then it will depend on whether the profit was promised (previously) and was part of a
condition. If it was promised and part of a condition then there is no doubt whatsoever of
its unlawfulness. That profit is riba (or interest). If it was not previously promised and part
of a condition then scholars differ on its status. Imam Muhammad aus, holds that it is
allowed. A section of them, however, say that it is disallowed. The correct thing, however,
say that it is disallowed. The correct things, however, is that if the profit is bestowed
because of a pressure or out of gratitude, or to gain time or to be excused (from
repayment), then it is unlawful in any case. If it is out of regard, kindness or already
existing relationship then it is u undoubtedly allowed.
1 Bukhari in his Tarikh and so it is in al-Muntaqa.
2 Bukhari # 3814.

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While it is disallowed to fix the terms of the debt, the correct thing is that there is no harm
is fixing the term. The ruling is that if a debt is given and received on condition of a fixed
period of times, then that period of time will be binding as a condition but noit binding as a
debt. If the creditor demands his money before the specified time, then he has the right to
do it and the debtor must try his utmost to repay the debt.
If a person loans some money on condition that it should be repaid in a certain city then
this condition as a binding is unlawful.
Some people deposit their money in bank for safe keeping without taking profit or interest
on it. The fact is that the money which is deposited in banks is not preserved exactly as
deposited but is invested in business. So, it is not a trust or safe-keeping, but becomes a
debt. These people may not take interest on their money but they do help those who collect
interest by loaning money in a way, and to aid those who give or take interest is a sin.
Hence, it is not proper to deposit one's money in a bank.
CHAPTER - V
SALES & PURCHASE THAT ARE DIS-ALLOWED
بَابُ الْمُنْهِىّ عَنْهَا مِنَ الْبُيُوع
The Shari'ah (divine law) of Islam has forbidden some forms of business transactions as
also buying transactions as also buying and selling of some things. Some of these are
forbidden because the dealings and those things are unlawful, like Bai' batil (vain sale as of
wine, swine, etc.) and Bai' fasid (not legal). Some others are disallowed only because of
dislike for them, like engaging in business at the time of the adhan on Friday.
Those that are forbidden because the dealings or the merchandise are unlawful are,
according to the Hanafi School, of two kinds:
(i)
Bai' fasid.
(ii)
Bai' batil.
BAI' FASID: It is a business transaction that is correct in so far as the principles of Bai' are
found in it, but is not lawful because some conditions for the Bai' (sale and purchase) to be
sound are lacking, so it is necessary to cancel such a transaction. The jurists call it mashru'
binafsihi (legal by itself) but manu biwasfihi (illegal because of the conditions and
characteristics)
BAI' BATIL: It is a business transaction that is not recognized by Shari'ah (divine law)
because it is neither correct in terms of the principles of Bai' (buying and selling) nor lawful
as for as its conditions and characteristics are concerned.
We may now present some rulings on this subject to elaborate on the foregoing definitions.
It is also necessary to know more of the subject of this chapter.
If the (+) (mabi) - that which is sold and bought is not 'property' in the eyes of Shari'ah (divine
law) then sale and purchase of such a thing is Bai batil (invalid, void) Examples are blood,
carrion, free person, mukatab, urine and a very worthless thing. Also, if the mabi'
(merchandise) is 'property' but it is not a decent item then its buying and selling is batil if sold
for money, but if it is bartered against another thing then the sale of that thing is fasid and of
this property that is not a decent thing is batil. Examples of such things are wine and swine.
The difference between Bai' batil and Bai' fasid is that in the former case the thing sold
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before handing over possession but after possession it becomes property of the buyer as an
unlawful or forbidden thing, and it is binding on him to pay for it in cash, but it is wajib
(obligatory) on him to annul the sale even after taking possession provided the mabi' is with
the buyer in its exact form.
Selling milk that is yet in the udders of an animal is batil (void), (for, that may not really
exist. Its udders may seem to be full and if milk is sold on that basis, there might be no milk
at all but the udders could be swollen for some other reason. In such cases, sale of
purported milk would be a deceptive, fraudulent act.
It is also not allowed to sell birds that fly in the air unless they are trained to return. It is
allowed to sell a flying pigeon.
Similarly, it is disallowed to sell fish that have not been caught but are still in the sea, or are
caught and released in a pond from where they can be caught only in a net.
Other sales disallowed are the unborn in the womb of a female slave or an animal, the pearl
that is in the shell and the meat of an animal before it is slaughtered and skinned.
It is disallowed to sell the hair of a pig. However, these hair may be used to sew the gunny
bags which are laden on the back of beasts of burden after filling them with provision, etc.
Human hair may neither be sold nor put to use in any way.
Any sale that might cause altercation is fasid. Examples are sale of wool on the back of a
goat, link of a chain nailed on the ceiling one yard of cloth from a large piece of cloth or a
sale in which time of payment of price is defined vaguely like 'when it will rain or high
winds will blow I shall pay you. However, if in all these cases, the buyer does not revoke
the transaction and the seller gives delivery to the buyer by removing the link from the
ceiling or tearing one yard from the large piece of cloth and the buyer specifically defines
dates of payment, then the sale shall be carefully transacted.
A sale and purchase transaction is fasid when fasid (not legal) condition is placed. A fasid
condition obstructs the correct execution of the transaction. It is favourable either to the
seller on to the buyer. For example, the seller may sell a house but impose a condition that
he would use it for a month before handed it over, or the buyer may buy a piece of cloth on
condition that it is delivered to him duly stitched. Or, the nabi' (that which is sold) may
stand to gain when a human being - male or female slave - is sold, when a seller stipulates
that the buyer must set the slave he buys free, or get him or her married. Condition of this
kind are fasid and a business transaction also becomes fasid because of them.
If a buyer stipulates that he should be handed over ownership then that is not contrary to
the correct execution of the agreement to sell. So it is not fasid. If a trader stipulates while
selling, say cloth, that the buyer should not re-sell it then though this condition is contrary
to the transaction, it is not fasid because no one stands to benefit from it.
If anyone sells a horse and stipulates that the buyer should make the horse fat then though
this condition is favourale to what is sold yet, not being a human being who is eligible for
the benefit, the condition is not fasid. But, the condition will be vain and dropped and the
Bai' will be proper.
The books of fiqh (Islamic jurisprudence) have more details of Bai' fasid and batil. They
must be studied so that such business transactions as are unacceptable by Shari'ah (divine
law) may be avoided.
It is necessary to expound some more rulings.
It is unlawful for a seller to cheat in weights and measures and for a buyer to deduct from the
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وَيُلْ لِّلْمُطَفِّفِيْنَ
{Woe to the defrauders.} (83: 1)
It is unlawful to delay payment without reason; to the seller for the price of the item sold
and for a prompt debt and to the labourers. The Prophet ,le & said, "Any delay (in
payment of demand) by a rich man is oppression (or cruelty). So, pay the labourer his
wages before his perspiration dries."
It is reported that when the Prophet ,ledo paid anyone his dues, he paid more than the
wajib (obligatory) amount. If the dues were half wasq, then he paid one wasq. If the dues were
one wasq, he paid two wasqs. He used to say, "This is your right and as much more is paid
from me." We must remember that the additional payment is not interest. It would have been .
regarded as interest, if the addition was stipulated beforehand. If there is no advance
condition and the payer pays more, then it is allowed, and, in fact, it is mustahab (desirable).
When dealing with anyone to break a promise is makruh (disapproved), fraud and
falsehood. It turns lawful earnings into unlawful. So, it is essential to refrain from these
things. Once the Prophet ,le ino examined a pile of wheat at a shop and found them
moist deep inside. The shopkeeper explained that rain water had seeped into the pile. The
Prophet Lylea . said, "You ought to have placed the moist wheat on top (so that no one
might be cheated). Know! He who deceives a Muslim does not belong to us."
There are other kinds of business transactions; Bai' murabahah (to sell at a profit over cost
price) and Bai tawliyah ((Ju) to sell at cost price). In these transactions, the cost price must
be disclosed to the buyer without reduction nor addition. If the seller has incurred
additional cost on that for incidentals like labour cost, octroi, etc., then he must add them to
his cost price and disclose to the buyer that he had spend 'so much money' on procuring
that thing instead of saying that he bought it for so much, which would be a lie.
If any one sells a piece of cloth for rupees ten and, while the buyer has not paid the money
to him, he re-purchases it from the buyer for half the price, or at the same price but with
another piece of cloth too then this transaction is not correct. If he does so then it will
amount to riba. It is unlawful to use anything bought before obtaining its possession when
it is a movable thing (J,i ... ) - movable thing that is sold/bought). Thus, to sell a movable
item before taking possession of it is disallowed.
Someone bought from a seller something that is measured in a scale1 after measuring it as a
measure. He had it duly measured in the scale by the seller. Then he sold by the seller.
Then he sold it to another as a measure. Now, it is necessary for this second buyer that he
must first have it duly measured in a scale by the first buyer who in his seller. Only after
that may he use it or sell it to another person because the first (weighing or) measurement
is not sufficient. It is better to have it measured afresh lest it turns out to be more and that
could be the seller's property.
If a Muslim makes an offer of a price while he discusses a bargain to buy or sell something,
or a Muslim has sent proposal of marriage to a woman then no one else is permitted to
make a counter offer or proposal unless the first person has been spurned.
It is makruh (disapproved) to engage in a business transaction at the time of adhan on
Friday because any activity at that time interrupts the preparations for the salah (prayer)
1 Perhaps measure of capacity.

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which are wajib (obligatory) on the worshipper. If there are many mosques around where
the salahi (prayer) of Friday is observed, then one must suspend business activity when the
adhan is called in that mosque in which he will pray.
If two slaves whether both grown up or young, or one grownup and the other young, are
closely elated to one another as mahrams then it is makruh (disapproved) and forbidden to
sell them separately. Some ulama (Scholars) say that this sale is unlawful.
It is disallowed to sell the fat of the dead.
Imam Abu Hanifah ales, regards sale of oil of the impure as allowed. But, other imams regard
it as disallowed. Imam Abu Hanifah il~, regards as makruh (disapproved) the sale of human
excrete when nothing is mixed with it, but if ashes, etc. are mingled with it then it is allowed.
Imam Abu Hanifah als>, holds that it is not allowed to sell dung and it is also not allowed
to use it for one's benefit.
The king or any ruler should not determine prices of the things. It is makruh (disapproved)
for them to do so. However, if the merchants commit excess in raising prices of provision
and other things and the masses are worried because of that, then they are allowed to fix
prices on the advice of experienced and adept people.
SECTION I
الفَضلُ الآولُ
(٢٨٣٤) عَنِ ابْنٍ عُمَرَ قَالَ تَّى تَسُولُ اللّهِصَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ عَنِ الْمُزَّابَنَّةِ آَنْ تَّبِيُّعَ ثَّمَرَ حَائِطِه ◌ِ
كَ تَخْلَّا بِشَمْرٍ كَيْلًا وَإِنْ كَاتَ كَّرُمَا أٌَ تَّبِيُعَهُ بِزَّبِيْبٍ كَيْلًا أَوْكَاتَ - وَعِنُد مُسْلٍِ وَإِنْ كَانَ
زَرْقًّا أَنْ تَّبِيُّعَهُ بِكَيْلٍ طَعَامٍ ◌َى عَنْ ذَلِكَ كُلِّهِ مُتَّفَقْ عَلَيْهِ وَفِي رِوَايَةٍ لَّهُمَّا ◌َى عَنِ الْمُزَابَّةِ قَالَ وَالْمُزَابَنَةُ
اْ يُبَّاءَ مَا فِيْ رُؤُسِ النَّخْلِ بِتَمْرٍ بِكَيْلٍ مُسَتَّى إِنْ زَادَ قَلِيُ وَإِنْ نَقَّصَ فَعَلَّىَّ - (بخارى ومسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Ibn Umar .2834
forbade muzabanah. It is that a man sells the fresh fruit of his garden. If it is dates,
then for dried dates by measure. (For instance, if any one has ten measures of dried
dates then he takes that for ten measures of fresh dates on his tree by approximate
measure). Or, if it is grapes, then for raisins by measure. (So, muzabanah is to sell
fresh fruit on the tree for dried fruit). Or - as Muslim transmits - if he has a field
then (the muzabanah ) he sells it for a measure of corn. (It means that he buys a
measure of wheat from another approximating the produce in his field). Are
Prophet صلى الله عليه وسلم forbade all these kinds of exchanges.
According to another version (also of Bukhari and Muslim): He forbade
muzabanah, saying, "Muzabanah is that fresh dates on the tree are sold to someone
for his dried dates by a specified measure. The seller says, 'If it is more, that is
mine. And if it is less, that is on me."1
COMMENTARY: The word 'muzabanah' is derived from (at) (zaban) meaning. 'to push
away' 'to put off.'
The prophet صلى الله عليه وسلم forbade Bai' muzabanah because this transaction is based on
surmise and approximation. The two parties are likely to either benefit or suffer loss. So,
1 Bukhari # 2205, Muslim # 76-1542, Tirmidhi (narrated zayd ibn habit) # 1304, Nasa'i # 4549, Ibn
Majah # 2265, Muwatta Maalik # 23 (Buyu) Musnad Ahmad 2-7.
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Translation & Commentary of . MISHKATUL MASAABIH
Vol.3
that might create altercation and bad blood between them. And they might push one
another away.
Of the two versions, the first defines muzabanah with fruit implying a general application. The
second uses the word 'dates.' It does not exclude other fruit but refers to dates as an-examples.
(٢٨٣٥) وَعَنْ جَابٍ قَالَ تَّى رَسُولُ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ عَنِ الْمُخَابَرَةِ وَالْمُحَاقَلَةِ وَالْمُزابَنَّةِ
وَالْمُحَاقَلَةُ أَنْ تَّبِيْعَ الرَّجُلُ الزَّرْءَ بِمِائَةٍ فَرَقٍّ حِنْظَةٍ وَالْمُزَّابِنَّةُ أَنْ تَّبِيُعَ التَّهْرَ فِ رُءُؤْسِ النَّخْلِ پِمِائَةِ
فَرَقٍ وَالْمُخَابَرَةُ كِرَاءُ الْأَرْضِ بِالقُّلُثِ وَالرُّبُع - (رواه مسلم)
2835. Sayyiduna jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم forbade
Mukhabarah, muhaqalah and murabanah. And, muhaqalah is that a man sells a
cultivated field for one hundred faraqs of wheat. And, muzabanah is that he sells dates
on the palm trees for one hundred faraqs (dates that are in stock). And, mukhabarah is
to rent one's land at one-third or one fourth portion of cultivation as rent.
COMMENTARY: Faraq is a measure of capacity of three sa's. And farq is also a measure of
capacity larger that faraq. It is merely an example that the hadith determines the figure of
one hundred faraqs.
A previous hadith gave the same meaning of muzabanah as this gives of muhaqalah.
However, muzabanah has a wider application. It covers fruit as well as fields and corns
while muhaqalah is used only for fields and corn. However, sometimes muzabanah is used
for fruit only ..
Mukhabarah is to give one's land for cultivation to someone else. The person to when it is
rented may be asked to give as rent one third or one fourth of the produce.
This hadith disallows Mukhbirah, too, because it is a form of wages, and wages remain
concealed in it. Besides, that which is to be received in lacking or non-existent. Nothing can
be determined of that which is non-existent.
Mukhabah is also called muzari'ah, but they are different in that in the former, seed is
provided by the cultivator while in the latter by the owner of the land.
Both muzari'ah (and mukhabarah) are not allowed by Imam Abu Hanifah al ue, as clear
from this hadith. But, the two companions Imam Abu Yusuf alder, and Imam Muhammad
antto), say that they are correct. The Hanafis observe the ruling of these two imams, because
.
this thing is needed very often and encountered many times. If not allowed then people
will face much trouble.
(٢٨٣٦) وَعَنْهُ قَالَ تَى رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنِ الْمُحَاقَّلَةِ وَالْمُزَابَنَةِ وَالْمُخَابْرَةِ وَالْمُعَاوَمَةِ وَعَنِ
الثُّنْيَا وَرَخَّصَ فِى الْعَرَايَا-(رواه مسلم)
2836. Sayyiduna Jabir رضى الله عنه said that Allah's Messenger صلى الله عليه وسلم forbade
muhaqalah, muzabanah, mukhabarah, mu'awamah and thunya, but permitted 'araya.1
COMMENTARY: The first three kinds have been defined previously. Mu'awanah is to sell
fruit on trees one year, two years, three years or more in advance, Thunya is to sell the fruit
on the trees excepting on unspecified quantity (which is not sold).
1 Muslim # 85-1536, Tirmidhi # 1317, Musnad Ahmad 3-313.