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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 6 · Page 58

Translation · EN

when the 'illah is unified. The conclusion is that whatever combines measurement, weight (11), and taste, from a single genus, is subject to Riba by a single narration, such as rice, millet, sorghum, legumes (12), oil, vinegar, milk, meat, and the like. This is the opinion of the majority of scholars. Ibn al-Mundhir said: This is the opinion of the scholars of the provinces, both in ancient and modern times, except for Qatada, for it has reached me that he differed from the collective body of people and limited the prohibition of tafadul (increase) to the six items. As for that in which measurement, weight, and taste are absent, and its genus differs, there is no Riba in it, according to a single narration. This is the opinion of the majority of scholars, such as figs, date pits, hay, water, and Armenian clay—for it is eaten as medicine, so it is considered a weighed and consumed item, and thus it belongs to the first category. Anything else is only eaten out of foolishness, and thus it is treated in the same manner as sand and pebbles. It has been narrated from the Prophet (peace and blessings of Allah be upon him) that he said to 'Aisha: "Do not eat clay, for it turns the complexion yellow." (13) As for that in which taste is found alone, or measurement or weight alone, from a single genus, there are two narrations, and scholars have differed concerning it. The most appropriate, if Allah the Almighty wills, is its permissibility, as there is no reliable evidence for its prohibition, nor a meaning that supports adhering to it. Given their weakness, they contradict one another; thus, it is necessary to disregard them, or reconcile them, and return to the original state of permissibility required by the Book, the Sunnah, and analogy (i'tibar). There is no difference among food items between what is eaten as a staple, such as rice, sorghum, and millet; or as a seasoning (udm), such as legumes, milk, and meat; or as a delicacy, such as fruits; or as medicine, such as myrobalan (14) and scammony (15), for all are the same in the chapter of Riba.

Section: His statement: "what is measured or weighed." That is: what is of a genus that is measured or weighed, even if measurement or weight is not possible in it, either due to its scarcity, such as one or two grains, or a handful or two, or less than a grain of gold or silver; or due to its abundance, such as a large bar (16). It is not permissible to sell some of it for some of it except like for like, and tafadul (increase) is forbidden in it. This was stated by al-Thawri, al-Shafi'i, Ishaq, and Ibn al-Mundhir. Abu Hanifa granted a concession in selling a handful for two handfuls, a grain for two grains, and other measured items for which measurement is not possible, and he agreed regarding weighed items. He argued that the 'illah is measurement, and it is not found in small quantities. Our evidence is the statement of the Prophet (peace and blessings of Allah be upon him): "Dates for dates, like for like; wheat for wheat, like for like; whoever gives more or takes more has engaged in Riba." (17) Also, because that in which Riba applies in large quantities, it applies in small quantities as well, like weighed items.

Notes

(11) In the original: "or weight". (12) Al-Qutniyyat (legumes): these are seeds that are stored, such as chickpeas and lentils. (13) We did not find it in the books of the Sunnah available to us. Ibn al-Qayyim said in Zad al-Ma'ad 4/337: "Every hadith concerning clay is inauthentic and has no basis from the Messenger of Allah (peace and blessings of Allah be upon him)." (14) Al-Ihlilaj (Myrobalan): A fruit that is beneficial for throat ailments, preserves the intellect, and removes headaches. Al-Qamus. (15) Al-Saqamuniya (Scammony): A plant from whose cavities a purgative medicine is extracted. Al-Qamus.

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