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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 6 · Page 109Section

Translation · EN

take from it the amount of his right, because he did not authorize him to engage in currency exchange on his own behalf, and because he is viewed with suspicion. If he sells a slave girl for dinars and takes dirhams in exchange, and then the slave girl is returned due to a defect or by mutual cancellation, the purchaser has no claim except to the dinars; because that is the price upon which the contract was concluded, and he had only taken the dirhams by means of a separate, subsequent currency exchange contract. Ahmad explicitly stated these rulings.

Section: If he has a deferred debt upon him, and he says to his creditor: "Relinquish a portion of it from me, and I will pay you the remainder immediately," it is not permissible. This was disliked by Zayd ibn Thabit, Ibn Umar, al-Miqdad (16), Sa'id ibn al-Musayyab, Salim, al-Hasan, Hammad, al-Hakam, al-Shafi'i, Malik, al-Thawri, Hushaym (17), Ibn Ulayyah (18), Ishaq, and Abu Hanifah. Al-Miqdad said to two men who did that: "Both of you have declared war from Allah and His Messenger." It is narrated from Ibn Abbas that he saw no harm in it. This is also narrated from al-Nakha'i and Abu Thawr, because he is taking a portion of his right and relinquishing a portion, so it is permissible, just as if the debt were immediate. Al-Khiraqi said: "There is no harm in a mukatab (an enslaved person under a contract of manumission) hastening payment to his master, and the master relinquishing a portion of his contract of manumission." As for us, it is a sale of immediate [payment] for deferred [payment], so it is not permissible, just as if the one to whom the debt is owed added to it, saying to him: "I will give you ten dirhams if you hasten to me the one hundred which you owe me." As for the mukatab, his transaction is with his master, and he is selling a portion of his property for another, so tolerance is permitted in it. And because it is a means to emancipation, it is treated with tolerance, unlike other cases.

Notes

(16) Al-Miqdad ibn al-Aswad al-Kindi; he is Ibn Amr ibn Tha'labah, died in the year 33 during the caliphate of Uthman. Al-Isabah 6/204. (17) Hushaym ibn Bashir ibn al-Qasim ibn Dinar al-Sulami, Abu Mu'awiyah ibn Abi Khazim al-Wasiti, born in the year 105, and died in Sha'ban in the year 183. He was reliable and established (thiqah thabt). Tahdhib al-Tahdhib 11/64. (18) Isma'il ibn Ibrahim ibn Miqsam al-Asadi, their mawla, Abu Bishr al-Basri, known as Ibn Ulayyah, reliable and established. He died in 193 AH. Tahdhib al-Tahdhib 1/275-279. (19) This occurred after his mention of "al-Thawri" previously, in MS: M. (20) Omitted from the original (al-asl).

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