ShamelaTranslate
Search
Sign in
ShamelaTranslate

© 2026 ShamelaTranslate. Scholarly Open-Access Project.

AboutContactDonateImprintPrivacyTermsRight of WithdrawalCancel a subscription
Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 6 · Page 65

Translation · EN

with a deferred term. Furthermore, they are two items of property in which riba al-fadl (usury of excess) does not occur, so nisa' (delay) is permissible in them, just as in the case of trade goods for a dinar. Alternatively, nisa' is one of the two types of riba, therefore it is not permissible in all types, just as it is for the other type. The second narration is that nisa' is prohibited in every item of property sold for its own type, such as an animal for an animal, or garments for garments, and it is not prohibited in other than that. This is the school of Abu Hanifah. Among those who disliked the sale of an animal for an animal on credit were Ibn al-Hanafiyyah, Abdullah ibn Umayr, Ata', Ikrimah ibn Khalid, Ibn Sirin, and al-Thawri. This was also narrated from Ammar and Ibn Umar, due to what Samurah narrated: that the Prophet (peace and blessings of Allah be upon him) prohibited the sale of an animal for an animal on credit. Al-Tirmidhi said (5): This is a hasan sahih (good and authentic) hadith. Furthermore, because the genus is one of the two attributes of the effective cause of riba al-fadl, nisa' is prohibited, just as in the case of volume and weight. The third [narration] is that nisa' is not prohibited except in that which is sold for its own type with variation in quantity, but as for when they are equal, it is not; due to what Jabir narrated, that the Prophet (peace and blessings of Allah be upon him) said: "An animal for two (6) for one is not appropriate on credit, but there is no harm in it hand to hand." Al-Tirmidhi said (7): This is a hasan hadith. Ibn Umar also narrated that a man said: O Messenger of Allah, what is your view on a man selling a horse for horses, or a fine camel for camels? He replied: "There is no harm if it is hand to hand." From the Musnad (8). This indicates the permissibility of nisa' when they are equal by virtue of its implication. The fourth [narration] is that nisa' is prohibited in every item of property sold for another item of property, whether it is of its own type [or of a different type] (9). And this

Notes

(4) In M: "the properties". (5) In: The Chapter on What Has Been Reported Regarding the Dislike of Selling an Animal for an Animal on Credit, from the Chapters on Sales. Aridat al-Ahwadhi 5/246. It was also recorded by Abu Dawud, in: The Chapter on Animals for Animals on Credit, from the Book of Sales. Sunan Abi Dawud 2/224. Al-Nasa'i, in: The Chapter on Selling an Animal for an Animal on Credit, from the Book of Sales. al-Mujtaba 7/257. Ibn Majah, in: The Chapter on Animals for Animals on Credit, from the Book of Trade. Sunan Ibn Majah 2/763. Al-Darimi, in: The Chapter on the Prohibition of Selling an Animal for an Animal, from the Book of Sales. Sunan al-Darimi 2/204. (6) In the copies: "two". And in Ibn Majah: "There is no harm in an animal for one or two hand to hand." (7) In: The Chapter on What Has Been Reported Regarding the Dislike of Selling an Animal for an Animal on Credit, from the Chapters on Sales. Aridat al-Ahwadhi 5/247. It was also recorded by Ibn Majah, in: The Chapter on Animals for Animals on Credit, from the Book of Trade. Sunan Ibn Majah 2/763. (8) Al-Musnad 2/109. (9) Omitted from the Original.

PreviousVolume 6 · Page 65Next
Previous6·65Next