The First Topic: Definition of the Sale of Wafa' ( الوفاء) Linguistically and its Islamic (Shari'a) meaning
· Linguistic Definition of Wafa' (الوفاء): Wafa' is the opposite of betrayal. It is said: “He fulfilled his promise” (wafa' or awfa), and “he gave him his due” (awfah), and “he fulfilled it completely” (waffah), meaning he gave it in full [313] -See: "Mukhtar al-Sihah" by Al-Razi (p. 343); "Lisan al-'Arab" by Ibn Manzur (15/398) .
· Islamic (Shari'a) Definition of the Sale of Wafa': It refers to a sale with the condition that whenever the seller returns the price, the buyer returns the sold item to him [314] -See: "Durar al-Hukkam fi Sharh Majallat al-Ahkam" (1/111). .
The Second Topic: The Ruling on the Sale of Wafa'(الوفاء).
The sale of wafa' is not permissible, and this is the opinion of the majority: Malikis [315] -It is referred to by the Mālikīs as "Bay' ath-Thunya." See: "Mawāhib al-Jalīl" by al-Hattāb (6/241, 242); "Manh al-Jalīl" by 'Ulaysh (5/52). , Shafi'is [316] - It is referred to by the Shāfi'īs as "Bay' al-'Uhda," for they do not validate the sale with the condition of resale. Bay' al-Wafā' includes the meaning of this condition, which is to return the item if the buyer returns its price. See: "Minhāj at-Tālibīn" by an-Nawawī (p. 97); "Mughni al-Muhtāj" by ash-Shirbīnī (2/31); "Tuhfat al-Muhtāj" by al-Haytamī and the annotation of ash-Sharwānī (4/296). , Hanbalis [317] -It is referred to by the Hanbalīs as "Bay' al-Amānah." See: "al-Iqnā'" by al-Hajjāwī (2/57-58); "Kashshāf al-Qinā' "by al-Buhūtī (3/149-150) , and some Hanafis [318] -It is also referred to by the Ḥanafīs as "Bay' al-Mu'āmalah," "Bay' al-Amānah," and "Bay' al-Tā'ah," and they have eight opinions regarding it—some opinions invalidate it, while others validate it. See: "al-'Ināyah" by al-Bābartī (9/236-237); "Hāshiyat Ibn 'Ābidīn" (5/276-277), al-Baḥr al-Rā’iq by Ibn Nujaym (6/8). , as it involves both a sale and a loan, or a loan that brings benefit, which constitutes Usury (Riba) [319] -It is as if the buyer, by giving the amount and then the seller returning it, is considered a loan in exchange for a benefit the buyer gained, such as riding in the car, for example, if it was the commodity, or staying in the house. See: "Manḥ al-Jalīl" by 'Ulaysh (5/52); "Kashshāf al-Qinā'" by al-Buhūtī (3/149). .