between a Muslim and a hostile infidel (harbi) in the Abode of War (Dar al-Harb). There is also a narration from him regarding two Muslims who embrace Islam in the Abode of War, [stating] there is no usury between them, based on what Makhul narrated from the Prophet (peace and blessings of Allah be upon him) that he said: "There is no usury between the Muslims and the people of war in the Abode of War" (26). And [this is also] because their wealth is permissible, and it was only forbidden by the guarantee of safety (aman) in the Abode of Islam; thus, whatever was not like that remains permissible. Our argument is the saying of Allah the Exalted: "And has permitted trade and has forbidden interest" (27). And His saying: "Those who consume interest cannot stand [on the Day of Resurrection] except as one stands who is being beaten by Satan into insanity" (27). And the Exalted said: "O you who have believed, fear Allah and give up what remains [due to you] of interest" (28). The general scope of the reports dictates the prohibition of disparity (tafadul). And his saying: "Whoever gives more or asks for more has engaged in usury" (29) is general, as are the rest of the hadiths. Furthermore, what is prohibited in the Abode of Islam is prohibited in the Abode of War, such as usury between Muslims. Their report is mursal (a hadith with a missing link in the chain), and we do not know its authenticity. It is possible he intended the prohibition of that, and it is not permissible to abandon what the Quran has declared forbidden, what the Sunnah has repeatedly supported, and upon which consensus has been reached, in favor of an unknown report that did not appear in a Sahih, nor a Musnad, nor a trusted book, and which is, moreover, a mursal report that is open to interpretation. [It is also possible that the meaning of his saying "There is no usury" is a prohibition of usury, similar to his saying: "There is no obscenity, nor wickedness, nor dispute during Hajj" (30)] (31). What they mentioned regarding permissibility is invalidated by the case of the harbi when he enters the Abode of Islam, for his wealth is permissible, except for what the guarantee of safety has prohibited. It is possible to interpret [the ruling] between Muslims as referring to the form (32) of disparity, and that is prohibited by consensus; thus, it is the same here.
(26) Al-Zayla'i said: It is gharib (rare), and al-Bayhaqi recorded in the book Al-Siyar from al-Shafi'i, who said: Abu Yusuf said: Abu Hanifa only said this because some of the shaykhs narrated to him from Makhul, from the Messenger of Allah (peace and blessings of Allah be upon him), that he said: "There is no usury between the people of war," and I think he said: "And the people of Islam." Al-Shafi'i said: This is not established, nor is it an argument. End of his words. Nasb al-Rayah 4/44. (27) Surah al-Baqarah 275. (28) Surah al-Baqarah 278. (29) Its source was previously cited on page 54. (30) Surah al-Baqarah 197. (31) Omitted from the original (al-asl). (32) In manuscript M: "hibah" (gift).