The First Topic: Selling Ribawi Items for Non-Similar Types with the Same Reason ('llah, علة) on Credit.
It is not permissible to sell a Ribawi (Usurious) item for another Ribawi item of a different type [144] -If a Ribawi item is sold for another Ribawi item of a different type, one condition is required: immediate exchange qabḍ before parting. However, equality is not a condition. Therefore, it is permissible to sell them through exchange (mukāyla), weighing (muwāzana), or approximation ( jizaf). If they differ in the legal standard—such that one is measured and the other is weighed—everything is permissible: measurement, weighing, approximation, immediate exchange, and deferral. For instance, one may sell a gram of silver for two sa’ of wheat deferred for a month, because the standard for silver is weight, and the standard for wheat is measurement. When a ribawi item is sold for a non-ribawi item, parting before receiving qabḍ is permissible, and it is also permissible to have a premium. For example, one may sell barley for clothes or something similar. In this case, parting before receiving qabḍ and having a premium are permissible. Reference: "Al-Sharh Al-Mumti" by IbnUthaymeen (8/404). with the same reason [145] -As for if they differ, it is not prohibited, as will be explained later. on a deferred basis, such as selling gold for silver on credit, or selling dates for wheat on credit.
The Evidences
Firstly: From the Sunnah
From Ubadah ibn al-Samit رضي الله عنه who said: The Messenger of Allah صلى الله عليه وسلم said: “Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt, must be equal for equal, hand to hand. If the types differ, then sell as you wish, provided that it is hand to hand. [146] - Narrated by Muslim (1587). ”
Secondly: From a Consensus
The consensus on this has been reported by Ibn Hazm [147] - Ibn Hazm said: "They the scholars agreed that the sale of these four types [wheat, barley, dates, and salt], when exchanged between Muslims on a deferred basis, even if the types differ, is forbidden, and all of that constitutes Riba (usury)." Maratib al-Ijma‘ ", p. 85. , Ibn Abd al-Barr [148] - Ibn ‘Abd al-Barr said: “The scholars have unanimously agreed that Riba (usury)applies in cases of increase with gold for gold and silver for silver, just as it applies in deferred transactions. This holds true whether one is sold for the other or if a part of one is sold for a part of the other. This is a matter of consensus among the scholars, with no difference of opinion, supported by the continuous reports from the Prophet peace and blessings be upon him regarding this.” "Al-Tamhid" (6/287). , and Ibn Qudamah [149] -Ibn Qudamah said: "Any two categories in which Riba (usury) applies due to the same reason—such as the measurable by volume for the measurable by volume, the measurable by weight for the measurable by weight, and the edible for the edible, according to those who consider this a cause—it is forbidden to sell one for the other on a deferred basis, without any known disagreement." (Al-Mughni)(4/9). Isma‘il ibn ‘Ulayyah disagreed on this matter, and Ibn ‘Abd al-Barr described his opinion as odd. He said: "Deferment in transactions has been forbidden, whether it involves the same category or different categories. Abu ‘Umar Ibn ‘Abd al-Barr said: This is unanimously agreed upon by the scholars: that food for food cannot be exchanged except hand-to-hand, whether it is a stored commodity or not, except for Isma‘il ibn ‘Ulayyah, who deviated from this consensus. He permitted disparity (tafadul) and deferment (nasi’ah) when the two categories differ, whether they are measurable by volume or weight. He analogized this to the scholars’ consensus on permitting the sale of gold or silver for lead, copper, iron, saffron, musk, and other items measured by weight, on a deferred basis. He permitted—explicitly in his writings—the sale of wheat for barley, barley for dates, dates for rice, and all other different categories of items measured by volume or weight, with disparity, whether on the spot or deferred, regardless of whether they are edible or not. He did not consider measurement by volume or weight, nor edibility or being a staple, as reasons for prohibition... But his opinion is not considered a valid disagreement by the scholars, nor is it given any weight, because the Sunnah is established to the contrary, from the hadith of ‘Ubadah and others." "Al-Tamhid"(6/295). .
The Second Topic: Selling Ribawi (Usurious) Items for Non-Similar Types with the Same Reason ('llah , علة)with a Premium .
It is permissible to sell a Ribawi (Usurious) item for another Ribawi (Usurious) item of a different type with the same reason at a premium, provided there is an immediate exchange, hand to hand, such as selling gold for silver at a premium or selling dates for wheat at a premium. This is agreed upon by the four jurisprudential schools: Hanafi [150] -The footnote of Al-Shilbi on Tabyeen al-Haqa’iq by Al-Zayla‘i (4/94) and "Al-‘Inayah" by Al-Babarti (7/35). , Maliki [151] - The commentary of Al-Zurqani on "Mukhtasar Khalil"( 5/122) and the footnotes of "Al-Dusuqi" on "Al-Sharh al-Kabir"(3/48). , Shafii [152] - "Minhaj al-Talibin" by Al-Nawawi p. 96, "Mughni al-Muhtaj "by Al-Shirbini 2/22, and See: "Al-Hawi al-Kabir "by Al-Mawardi (5/120). , and Hanbali [153] - "Kashshaf al-Qina‘ " by Al-Buhuti (3/253), and refer to: "Al-Mughni" by Ibn Qudamah (4/9). , and Ibn Qudamah denied any knowledge of disagreement regarding this matter [154] - Ibn Qudamah said: "There is no disagreement, as far as we know, regarding the permissibility of disparity tafadul between two different categories, except for Sa‘id ibn Jubayr, who said: ‘If the benefit derived from both is similar, then disparity is not permissible between them.’ "Al-Mughni"( 4/9). .
The Evidence:
Firstly : From the Sunnah
1. From Ubadah ibn al-Samit رضي الله عنهwho said: The Messenger of Allah صلى الله عليه وسلم said: “Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt, must be equal for equal, hand to hand. If the types differ, then sell as you wish, provided that it is hand to hand. [155] - Narrated by Muslim(1587). ”
2. From Abu Bakrah رضي الله عنه, who said: The Messenger of Allah صلى الله عليه وسلم said: “Do not sell gold for gold except on an equal basis, and silver for silver except on an equal basis. Sell gold for silver, and silver for gold however you wish. [156] - Narrated by Al-Bukhari (2175), and the wording is his, and by Muslim(1590). ”
Secondly: Because they are different types, it is permissible to have a premium between them, as if their benefits are distinct [157] - Refer to: "Al-Mughni "by Ibn Qudamah(4/9). .
The Third Topic: Selling Ribawi Items for Non-Similar Types with Different Reasons ('llah , (علة.
It is permissible to sell a Ribawi item for a Ribawi item of a different type with different reasons at a premium and on credit, such as selling gold for barley, and silver for wheat.
Firstly: From Consensus
This has been reported by al-Shafii [158] -Al-Shafi‘i said: "I do not know of any disagreement among Muslims regarding the permissibility of exchanging dinars and dirhams in all matters, except that one cannot be exchanged for the other; there is no gold for gold, nor silver for silver." "Al-Umm"(3/30). He also said: "... that the Muslims unanimously agreed that gold and silver can be exchanged for anything other than themselves." "Al-Umm"(4/23). , al-Nawawi [159] - Al-Nawawi said: "The scholars have unanimously agreed on the permissibility of exchanging a Ribawi (usurious) item for another Ribawi (usurious) item that does not share the same cause, whether with disparity tafadul or on a deferred basis. This is like selling gold for wheat, silver for barley, and other similar items measured by volume." Sharh Muslim(11/9). , and al-Sanani [160] - Al-San‘ani said: "The scholars have agreed on the permissibility of exchanging a Ribawi (usurious) item for another Ribawi (usurious) item that does not belong to the same category, whether on a deferred basis or with disparity tafadul, such as selling gold for wheat, silver for barley, and other similar items measured by volume." "Subul al-Salam"(3/38). .
Secondly: Because there is no existence of a common prohibited reason ('llah), and the original ruling is permissibility [161] -Refer to: "Al-Mughni "by Ibn Qudamah 4/9. .
The Fourth Topic: Selling Ribawi (Usurious) Goods Attached to Non-Ribawi (Non – Usurious) Goods for Ribawi Goods.
It is permissible to sell Ribawi goods that are attached to non-Ribawi goods — as long as they are not the primary focus of the sale — for Ribawi goods. An example of this is selling gold-plated items for pure gold [162] - References: See Ibn Abidin’s Marginalia (5/262), "Al-Minhaj Al-Jalil" by Ulayesh (4/518); "Al-Tahdhib in the Jurisprudence of Imam Al-Shafi’I" by Al-Baghawi (3/349), and "Kashaf Al-Qina’" by Al-Buhuti (3/261). or selling a palm tree with dates on it for other dates [163] -The Hanafis and Hanbalis mentioned this example, with the Hanafis stipulating that the measure of dates must exceed the measure of fruits, so that the fruits are equal in quantity, and the increase is in exchange for the palm trees. If the measure of dates is less, it is not permissible. References: See "Bada'i' al-Sana'i' " by Al-Kasani (5/194) and "Kashaf al-Qina' "by Al-Buhuti (3/261). As for the Malikis, they stated that it is permissible to sell an item along with a small amount of gold for gold; this is because it is minor and incidental. References: See "Mawahib al-Jalil" by Al-Hattab (6/127); "Al-Tahdhib in the Summary of Al-Mudawana" by Al-Baradh'i (3/107); and "Al-Jami' li-Masa'il Al-Mudawana "by Al-Saqali (12/435). The Shafi'is mentioned another example, which is selling a house that has a sweet water well for a house of equal value. They reasoned that the water is an incidental element relative to the primary purpose of the house, as the intention is not usually directed toward it. They excluded the sale of a house if gold is found beneath it, as well as the sale of a milk-producing sheep for its milk; this is not valid according to them. References: See "Tuhfat al-Muhtaj "by Ibn Hajar al-Haytami (4/286), "Mughni al-Muhtaj "by Al-Shirbini (2/28), and "Al-Ghurar al-Bahiyyah "by Zakariya al-Ansari (2/424). . This ruling is agreed upon by the four major schools of Islamic jurisprudence: Hanafi [164] -"Al-Mabsut "by Al-Sarakhsi (14/11) & "Hashiyat Ibn Abidin"(5/262). , Maliki [165] - "Mawahib al-Jalil" by Al-Hattab (6/127), ""Hashiyat al-Dusuki 'ala "Al-Sharh al-Kabir """by al-Dardir (3/40); "Minah al-Jalil "by Al-Ulaish (4/518); and "Al-Mudawwana "by Sahnun (3/149). , Shafi’i [166] - "Rawdat al-Talibin" by Al-Nawawi (3/386); Hashiyat Qalubi wa 'Amirah (2/216); and refer to "Al-Tahdhib fi Fiqh al-Imam al-Shafi'i "by Al-Baghawi (3/349); """Al-Majmu' Sharh al-Muhadhdhab""" by Al-Subki (10/394), and ""Al-Najm al-Wahhaj fi Sharh al-Minhaj ""by Al-Dimiri (4/73). , and Hanbali [167] -"Kashaf al-Qina' "by Al-Buhuti (3/261); and refer to "Al-Mughni "by Ibn Qudamah (4/30). , and there is consensus on this matter [168] -Ibn Qudamah said: "If one sells what is subject to riba with a different type, along with something of the type sold, provided that it is not the intended item, such as a house whose ceiling is covered with gold; it is permissible. I do not know of any disagreement regarding this." "Al-Mughni "(4/30). . The reason for this is that the Ribawi goods attached to the non-Ribawi goods are not the intended object of the sale, and their existence is as though they do not exist [169] -You can refer to "Al-Mughni "by Ibn Qudamah (4/30) and ”Kashaf al-Qina "by Al-Buhuti (3/261). .