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Say Berba credited when the Imam Muhammad bin Mahboob

Say Berba credited when the Imam Muhammad bin Mahboob *

Researcher:
D. محَمَّد بن ناصر الحجري

Lecturer at Sultan Qaboos University

 

ذَكَرَ رَأيَ الإمام في ربا الفضل العلامةُ أبو يعقوب يوسف بن إبراهيم الوارجلاني في كتابه: «Evidence and proof, in the gallery said of the scientific issues that only by ten imams Ibadi. The tag father Jacob agrees Imam Ibn liked in this opinion. And usury credit is defined as: «Preferred free money instead of swapping money with money from sex.

The issue came as follows:

«Imam IX: محَمَّد بن محبوب.

قوله في الربا على الأصل الذي اجتمعت عليه الأمة بخلاف قول عبد الله بن عباس؛ وذلك أن ابن عباس عوَّل في الربا على النسيئة، وأبطله فيما وراء ذلك. He did not see in dinar Baldanarin the hand, however, is anything wrong »([1]).

Then cited conversations function on the prohibition of usury credited with a:

1- الحديث الذي رواه عبادة بن الصامت ونصه: «Gold for gold, silver for silver, wheat for wheat, barley for barley, salt for salt, Lord, only E and E, hand in hand, alike, like for like». He then added the increase in other novels: «It increased or Astzad lost Arby».

2- Conversations forbidding Almzabna and Almhaklh and sale of food with food.

3- Working modern Khyber, while messenger came e بتمر the, shrubs, asked the Prophet e about it, and said,: «Some Alsain from the crowd, and buy a saa 'of this».

4- قول عمر بن الخطاب t: «The last thing sent down to usury, Matt Messenger of Allah e we were not prescribed to, فاحذروا usury and suspicion».

Having listed these conversations he said: I know that these effects received from the Messenger of Allah e ways Asahah, and relied upon the nation and the imams and scholars, and exalted companions, Fajalv Ibn Abbas talk you're Roenah for the: «But Riba in النسيئة of the».

He said in another place: It has been said that Ibn Abbas returned them in the days of his illness in Taif. Then he said,: «He told Abu Bakr: What of the world, but in his knowledge is taken up, with the exception of the owner of the tomb, and pointed to the grave of the Messenger of Allah e. He added: «And not doctrine in usury to impose narrows on people violating». Then he said,: «وقد فطن لمذهبه محَمَّد بن محبوب فآثر السنة والجماعة والرأي وهو النهاية في زمانه…»([2]).

And this paper will address the following topics:

First: بيان تفسير العلماء للأحاديث الدالة على جوازه، وهل انفرد الإمام محَمَّد بن محبوب بهذا الرأي أم قال به غيره بعده؟.

Secondly: Disagreement between scientists in the rule of Lord credited bug (Almanaan and Almjosen) In our observations.

Thirdly: Or applied scientific importance of this topic at the present time.

First: Scientists interpretation of the statement contained in the conversations Thread:

1 Their interpretation of the function to prevent conversations usury credit:

Meets all the conditions legitimacy- أبو عبيدة عن جابر بن زيد عن أبي سعيد الخدري قال: The Messenger of Allah e: «Not تبيعوا gold with gold, nor silver for silver, wheat for wheat not, but as such, do not تبيعوا each with some delays»([3]).

وجاء في رواية عبادة بن الصامت: E said: «Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, salt for salt, as such, alike, hand in hand, if these types are different then sell you like, if you hand in hand». It was narrated by Ahmad and Muslim Women and Ibn Majah, Abu Dawood([4]).

Noureddine Salmi said in explaining the modern: «However, like for like»: Any only موزونا the Bmozhun. The phenomenon prevents the increase in selling sex بجنسه albeit hand-in-hand, as well as saying in an interview with cult: «However, like for like, and hand in hand, equally, our consciousness into, as saying the buyer of the worker pass Ganab the saa 'is Balsain of the saa Balthelath the: «Do not do some combination dirhams and Apta dirhams Jniba». All of this indicates to prevent same-sex differentiation in…»([5]). Then he said,: «وذهب أصحابنا إلى أن الربا إِنَّمَا يختص بالنسيئة، وَأَنـَّهُ لا باس بالزيادة في الجنس الواحد إذا كان يدًا بيد، وهو قول ابن عبَّاس وابن عمر وأسامة بن زيد وزيد بن أرقم وابن الزبير وسعيد بن المسيب وعروة بن الزبير. The argument for this interview Osama when sheikhs and other wording: «But usury in النسيئة», Muslim added in the novel from Ibn Abbas: «لا ربا فيما كان يدا بيد»([6]).

Ibn Hajar said in Fath al-Baari: The scientists agreed to interview Osama health: «But usury in النسيئة», and differed on the combination between him and the hadeeth of Abu Sa'eed, and was told: The interview Osama abrogated, but does not prove copies probability, and was told: Meaning in saying: 'Lord': Usury الأغلظ the severe prohibition impending him severe punishment… And that the intent deny fullest not deny origin, and also فنفي the prohibition of usury credit for an interview Osama but it is a concept, provides him the hadeeth of Abu Sa'eed; because the significance operative, carries an interview Osama on the foregoing »([7]) [Any: Usury largest].

Sheikh is Salmi on that by saying: For details, saying it is permissible so in weighting as saying, some of whom claimed copies should be similar and equality, as claimed Mkhalvhm the interview Osama copies, but does not prove copies probability, and some of them went to penalties such as Shaykh Amer explained([8]).

He cites al-Salmi on his: «Lord, not only in النسيئة» saying the Almighty: ), تبتم or you have your heads up your property…(To the verse: ﴿وَإِن كَان ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَى مَيْسَرَةٍ﴾([9]) Where he says: «It shows that usury verse came haraam but is in النسيئة, because otherwise what was to mention the meaning of capital, as well as the perception of the facilitator, Flmna to the Book of Allah مصداق the narrated Osama…»([10]).

With- الربيع عن عبادة بن الصامت قال: We went out in the battle, and we Muawiya, Vosibna went, and silver, Muawiya commanded a man sells for people in Oatyatem, where people rushed, so he worshiping فنهاهم, Frduha, man came rolling complained to him. Muawiya preacher stood up and said: What is wrong with men making a Messenger of Allah e lying conversations in which the Messenger of Allah e did not hear him, worship stood up and said: And God Ahdtn what I heard from the Messenger of Allah e distasteful though it rolling, he said: The Messenger of Allah e: «Not تبيعوا gold gold, nor silver for silver, and wheat for wheat, and barley for barley, and salt for salt, but like for like, hand in hand, equally, our consciousness into»([11]).

Salmi said Noureddine: «It demonstrates the prohibition on usury credit hand-in-hand when the Union of sex»([12]). ثُمَّ نقل كلام قطب الأَئِمَّة العلامة امحَمَّد بن يوسف اطْفِيَّشْ حول الموضوع: Were it not for modern worship to قيدنا saying: «It increased or Astzad may raise» بالنسيئة to talk: «But Riba in النسيئة of the» As has been said. The Pole: Perhaps the directory when our companions that modern worship Advanced engrossed Baptiall e camel Bbaaran, and clearance sale Abdul Babdan, even though the protest worship him rolling apparent in the lack of copy. It was narrated that Ibn Abbas quoted speech: «But Riba in النسيئة of the» that no usury in cash, and most of the nation in the credit hand in hand Lord, as in the credited with النسيئة the([13]).

ثُمَّ نقل قول العلامة أبي يعقوب يوسف بن إبراهيم الوارجلاني إجماع الأمة عليه، إِلاَّ ابن عباس الذي حصر الربا في النسيئة، ثُمَّ رجع عن هذا الحصر إلى إثبات الربا في الفضل يدا بيد وفي النسيئة أيام مرض موته بالطائف([14]) He added: The investigation that like for like, Lord delays, but it is not usury loan.. Door of the loan is Lord أباحها image God is our thanks to him and exempted from usury is forbidden, where said spring dress gown نسيئة, you see the spring passed like for like نسيئة for though is a loan, and that the delay is not equality Lord, if only loan([15]).

Noordin is Salmi on the consensus that was narrated by Abu Yaqub and Return Ibn Abbas about his position by saying: «And consensus claimed by Abu Yaqub non-Muslim, but the dispute in question remains constant companions, and after them, and return Ibn Abbas is not valid, the opinion is that the pole protest worship talking copy denies saying: «The protest worship talking on Sid does not contradict if true copies; because it protested to prevent the sale of the corrupt, the sale of gold and silver in the Oatyatem, a complex forbidden; that sell to each other on the delay, which is Buy absent Ibnadz the»([16]).

However, the pole goes further than that when his words on the difference in the bug usury and consistent races and different which explains the words of the Apostle e: «Like for like, alike, in kind into the following:

«The meaning of “Like for like”: Similar capacity, كالجودة the mediocrity, the Tkhalva not permissible though Astoya in quantity. And the meaning of “Alike”: Equal in quantity. And the meaning of “Consciousness into”: Present meets the eye Bhadhar meets the eye, and this is better than to make “Alike”, And Abu Ammar Abdul Kafi”Like for like” In one sense…».

Has said before that: «Water until the water it Atkhalv the few and the many, or the sweetness and salinity with delay. The sweetness of the water will increase the quantity of salt, and this is an investigation, but has made you also that the delay Araba though no more »([17]).

If this last words in the Lord النسيئة, the first words it is clear that in the Lord thanks. Hence Salmi said Noureddine: And the words of my father Jacob tends to the prohibition of trade-off hand-in-hand, as well as the Pole, though his penchant concealed([18]).

But the pole speech clearer when explained to talk: «Gold for gold, silver for silver, where he said: «However, the evidence from the outside that has silver and gold contrast, and barley mainland and vice versa, Lord, and it is not Lord at all that only Pencaih»([19]).

This is contrary to the words of his companions in that it does not usury with a different sex and increase even with a term. Feb largest quantity of barley to month legal. This successor to the third condition, a consortium sex. The largest weight went from silver to a month then of course may not be; because Exchange, has made it another proof.

وَأَمَّا العلامة عامر بن علي الشماخي في كتابه الإيضاح فبعد أن ذكر روايات عبادة بن الصامت قال: Fiqidh e evenly hand by hand. These include preventing conversations per product differentiation, whether hand in hand or نسيئة the the. Then he mentioned the lack of taking his companions sanctity riba credit. وذكر احتجاجهم بحديث عبد الله بن عباس: «إِنَّمَا الربا في النسيئة»، وحديث أبي بكر وأسامة بن زيد: «Lord, not only in النسيئة». ثُمَّ قدَّم تفسيرًا للربا قال به الشيخ عبد العزيز الثميني في كتاب النيل فقال: «The doctrine may God have mercy on usury but be if three conditions have been met: Term and increase sex; because the increase and sex without order is permissible because we talk. The term sex is increasing advances. And the increase of non-race-term sale; saying e: «If the sexes differ then sell How do you like»([20]).

Jhlan عدون- أبو عبيدة عن جابر بن زيد عن أبي سعيد الخدري أن رسول الله e استعمل على خيبر رجلاً فجاء بتمر جنيب، فقال الرسول e: «Eat the Khyber pass so? : No, God, we are to take saa of this Besain, and saa three, said the Messenger of Allah e: «Do not do! Some combination dirhams and Apta dirhams Jniba »([21]).

Noureddine Salmi said in explaining the modern: «Saying: “Do not do”, Ie, because of the differentiation, the reality was the worker selling نسيئة is evident from the All; because it is forbidden consensus, albeit hand in hand, as is apparent from the context of the modern is an argument for those who prevents the differentiation in single-sex, even if selling hand in hand, and have to speak it ([22]).

And the content of the prohibition of usury credit is:

2 Interpretation of conversations function on usury credited passport:

Add to Abbaas: «إِنَّمَا الربا في النسيئة»، وحديث أسامة بن زيد: «Lord only in النسيئة», which do not take any of the foundation to prevent usury credit when audience Ibaadis, they are protesting interviews, among other:

1- أبو عبيدة عن جابر بن زيد عن ابن عباس عن النبي e أَنـَّهُ ابتاع بعيرًا ببعيرين، وأجاز بيع عبد بعبدين، إِلاَّ أن هذا يدًا بيد([23]).

Sheikh Salmi said in his commentary: «But said salary this talk after the modern worship to refer to the copy should be symmetry…». He added: «Which have [Any Almanaan the] Abuse to rule Raboyat, do not they see as an opponent of the positive talk of parity and equality in usury races, and we see that it shows to check its introduction…»([24]).

«But this hand in hand» of the words of Ibn Abbas, may Allah be pleased with him, and it was mentioned to show that same-sex differentiation in if hand-in-hand legal([25]).

Al-five and classed Tirmidhi from al-Hasan from Samra said: The Prophet e for sale animal welfare نسيئة the. وروى عبد الله بن أحمد مثله من رواية جابر بن سمرة. وهذا يؤيد ما قاله ابن عباس في تقييد ذلك، وهو يَدُلُّ على أن الحيوان كغيره من الأجناس، فما جاز فيه جاز في غيره، وما امتنع امتنع، فلا يجوز عندنا بيع شيء من ذلك بجنسه نسيئة، ويجوز يدًا بيد، وبذلك قال أحمد بن حنبل وأبو حنيفة وغيره من الكوفيين.

Sheikh Salmi said in another place: «Gender difference is not required, (Any differentiation passport) Only in النسيئة, Either hand in hand, there is nothing wrong, even if one of two things more than the other. And this indicates that it is permissible to sell the credit in the United races, it albeit camel buyer example resist Baaran in the price, but the credit for multitude of the same sex that prevents our people and call upon usury credit »([26]).

2- أبو عبيدة عن جابر بن زيد عن ابن عباس عن النبي e قال: «If the sexes differ then sell as you like, but what نهيتكم for»([27]).

'How do you like': This release is limited to Ibn Abbas said in an interview and other conversations in the door of usury, they where the same sitting requirement, it must sell some Raboyat some of the same sitting, especially in the exchange.

The apparent meaning of this release and authorization to will is it permissible to sell gold, silver, and vice versa, as well as other races usury if each sale of some of the non-restriction as non-prescription qualities arrested…»([28]).

3- روي أن أسامة بن زيد وزيد بن أرقم كانا يأتيان وادي القرى، أي لبيع التفاضل في الجنس الواحد يدًا بيد، وأن صحابة عابوهما، وأن أسامة بن زيد سأل رسول الله e فقال e: 'Hand in Hand'? : Yes, and did not see anything wrong with it([29]).

It seems clear discrepancy between these conversations, can not be said: He opposed a verbal; because the meaning «but of usury in النسيئة is denied Riba الأغلظ, any fuller denied denied origin; because there is another version of Ibn Abbas when a Muslim word: «Lord, as he was not hand in hand». The controversy about the return Ibn Abbas, his opinion has continued, Flo was denied landing usury fullest just because there was a reason for this controversy.

وهذا التعارض هو الذي أوجد الخلاف بين علماء المذاهب، كما أوجد الخلاف بين علماء المذهب الواحد، وكما رأينا فإن ابن محبوب لم يبق وحده في القول بمنع ربا الفضل، بل تابعه أبو يعقوب الوارجلاني، وامحمد بن يوسف اطْفِيَّشْ إلى حدٍّ ما، وغيرهم ممن جاء بعدهم.

Before moving to the second partial of the search, we want to summarize the content prevent usury credited and the content permissible in dealing بالأجناس of the contained in conversations and can be measured by:

1- Gold for gold, silver for silver, or wheat for wheat should have been equal and quality sex (Like for like) And Quantity (Alike) And the time (Hand in Hand). In the sense that it is not permissible increase does not sooner or later, and it is not permissible even without further postponement.

2- Gold silver or wheat barley should have been equal in time (Hand in Hand) But it may not equal quantity, in the sense that it is permissible to increase sooner and may not be later. The Jazz where differentiation due to differences in the sexes, it is not permissible where women compromised usurious loan. If given a gold dinars and silver recovered dirhams you get preferred in the amount due to the different sexes, and you get the preferred Due to Elzimnin difference. The same thing is said in Bur Bsair, for example,.

3- Usurious be sold Proboa not shared in the illness Mtfadila or deferred. Such as selling wheat gold, silver or sell barley, also will come.

The content of usury credit or passport the usury النسيئة Palace is:

1- Wheat for wheat, barley for barley, dates for dates, which may differentiation in quantity if you hand in hand, with the term shall not.

2- Land for barley, or dates for wheat, the calculus may hand in hand and نسيئة, while silver, gold, or vice versa may the only differentiation hand-in-hand; exchange it, came when other conversations.

3- Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates which may term without increasing; because loan.

So dealings, which include usury are is: Bur paper for with an increase, or barley Bsair of the order with the increase, and so on…

We now turn to the statement of the bug rule is permissible or not this picture of the passport transactions.

Secondly: Disagreement among scientists in the doctrines usury bug:

1-Vowels when those who say that the inadmissibility of usury credit:

Sayers different inadmissibility Lord credited bug usury as follows:

Meets all the conditions legitimacy- Tap:

And usury have the bug double or balance. They quoted that equal or similar in Alawwadan requirement in the health of the sale, and the sanctity of usury to the presence of preferred free Awad, and that there is not stipulated in the modern. And equal or similar between the two things be as image and meaning, and the amount agreed (A double or weight) Achieve similar image, sex achieves similar meaning; because homogenizing money in a financial convergence([30]).

With- Maaliki:

Bug prohibition of the increase in gold and silver are monetary (Any precious). As for the food, the reason they have different between Lord النسيئة and usury credit. Valalh the prohibition on usury النسيئة are just Almtaumah the. The reason the prohibition on usury credit is subject to two things: Savings and subsisting.

Their evidence that this is the prohibition of usury bug is that what was a reasonable rule of prohibition in the meaning of usury, which not يغبن some other people, and save money, the duty to have it in assets المعايش, a الأقوات, as wheat, barley, rice, corn([31]).

Vowels in gold and silver are in cash or Althmnah, being the أثمانا of things, whether Wakana Amadroben or is Amadroben (Meskukin). The impact of the value of workmanship in gold and silver.

وَأَمَّا العلة في الأصناف الأربعة الباقية فهي الطُّعمية ـ بضم الطاء ـ أي كونها مطعومة. Scion includes three things:

– One: What's intent for a and sustenance Kalpr the taste and barley.

– Second: That intended التفكه, The text of the interview on the dates.

– Third: That is intended to reform the food and the body, has the text of the interview on salt.

As for what not taste Kaljbs or iron it true sell بجنسه the Mtfadila.

Their evidence that the ruling if commented as a derivative indicates that the sense in which it is derived the name is a bug governance, such as saying the Almighty: ), A thief and Sharjah Vaqtawa hands (([32]). And because the food is derived from the bait; is vaccinations prevails, this description is suitable because it predicts increased risk (Any important) In the four things that the text of the talk… And well as Althmnah the appropriate meaning; because it predicts an increased risk of a severe need to Alnkadin or what the مقامهما of paper money([33]).

Based on this, if the sale of food or sex case Monetary Union Khanth بحنطة and silver for silver, stipulated in the sale are three things health: And similar solutions and same sitting. If you disagree Sex Khanth and barley Jazz differentiation, and require solutions and same sitting. If the sale of food otherwise as cash or a dress, or other non-food and food Lisa Nkadin, like an animal, did not require anything from the previous three conditions, ie there is no usury on. The reason it is not usury in the animal at all is that it is not on the whole, was bought by Ibn Umar camel Bbaaran a ordering e([34]).

D Hanbali:

In this doctrine three novels for usury bug, best known as the doctrine of the tap, which is double or weight with the Federation of sex. The second novel doctrine Shaafa'is. The third novel: Vowels with the exception of gold and silver being Mtauma if Mikla or موزونا, not being in the vaccine or measured or weighed. Apples, plums, pomegranate, watermelon… Nor for not Bmtaum the Kazaafran, iron, lead and the like([35]).

Usury is justified, which is dedicated بالمنصوص it only because they deny the measurement, they say: The street between that usury is happening in six classes, leaving everything else on the original, which is permitted.

2- Vowels when those who say it is permissible credit:

We have seen that those who say it is permissible credited stipulate three conditions to check usury which is: Federation of sex, and the increase, and the term. If these conditions are not met, all there is no usury. What is usury bug them?

Noureddine Salmi said in his commentary on the hadeeth: «If the sexes differ then sell How do you like»: «Modern door indicates that the bug usury sex union, but they differed in this Union on many sayings, Abu Ishaq said Almighty God's mercy: Perhaps our companions are different in usury كاختلاف the ills our people ».

يقول مؤلف كتاب النيل الشيخ عبد العزيز الثميني: «Usury checks we have sex and for the increase, saying e: “But Riba in النسيئة of the”, But it bought a camel Bbaaran a, and authorized the sale of Abdul Babdan hand in hand, and saying: “If the sexes differ then sell How do you like”»([36]).

He said in another place: «In usury bug, is when most of us financial, and said first of the three conditions…»([37]).

The commentator said: «Wanted Balthelath the: Sex, term, and the increase, which is to check conditions usury »([38]). In the sense that the financial bug usury of the Federation of sex with a term with the increase.

He says Sheikh Shammakhi in this regard: «All what has been agreed, which was of the same sex is not permissible to sell some of some نسيئة, and may be in cash, and everything is permissible differed cash and نسيئة of»([39]). The Messenger of Allah e: «Wheat for wheat, barley for barley, dates for dates, salt for salt»; because the mentioned e of these items is proof that each one is the other, and they are different, so the mention of these items alert the other items that may not be every type Besnfe نسيئة.

And reinforce this consensus say that every class of these items may not be Besnfe نسيئة… And also if it was mentioned e of these items requires the meaning may not be sold in part to some of the Binh e as him in gold and silver, for if righteousness with barley gold with silver for him e as him in gold and silver, and this argument with regard it as obligatory consideration of the strongest arguments…»([40]).

وواضح أن كلام الشيخ الشماخي يتطابق مع كلام الشيخ عبد العزيز الثميني تمامًا في أن علة الربا اجتماع الشروط الثلاثة، ولا يتحقق الربا إذا اختل شرط من تلك الشروط.

As Sheikh Tfayyesh it in his commentary on the concept take a position contrary to financial. He says,: «They are in all the money until the water water Atkhalv the lack of frequent or sweetness and salinity with a delay, the freshness of the water to increase the quantity of salt, this is an investigation, but has made you also that the delay Araba, even without an increase… It was: Not be considered moral inequality, but only achieved usury quantum increase. What you have mentioned first, and has been interpreted: “Like for like” In saying e: “But like so alike, in kind into”. The meaning of “Like for like” Similar in character كالجودة mediocrity, the Tkhalva not permissible though Astoya in quantity, and the meaning of “Alike” Equal quantity, and the meaning of “Consciousness into” Present meets the eye Bhadhar meets the eye, and this is better than to make “Alike” And”Like for like” Meaning one…»([41]). It is understood from his words as follows:

1-Usury achieved in the case of sex with Union-term, though wearability increase «even water Atkhalv the lack of frequent or sweetness and salinity with a delay, the sweetness of the increase in the quantity of water from salty».

2- Tends to say that usury come about in the case of the Union of sex with an increase albeit without order, «meaning “Alike” Similar in character كالجودة mediocrity, the Tkhalva not permissible though Astoya in quantity, and the meaning of “Alike” Equal quantity of an eye for eye, present meets the eye Bhadhar meets the eye, which tends to say upon usury credit was not authorized.

3- Notes on the explanation of usury:

1- Bug prohibition of usury credit when those who say it and two rows: One sex union, and its other various (Alkyl or weight) When the tap, or subsisting and savings at Maalikis, or falafel at Shaafa'is the. The prohibition of usury bug النسيئة It is one of the descriptive Lord credited bug: Either sex union or other description by gold.

2- Differed in the flow of usury, with the exception of those items that promise to talk. The palace folk bug was not confined to the palace not to say in relation apparent as people say, but to prevent some of those who say that compared arguing that the ills of the indices are weak, and if the bug does not appear Declined measurement([42]).

Others else is these types accidentally measurement is to agree on bug Altaadih, sentenced all the imam accusation that استنبطها in prohibition, forbidding agrees by other things, and exclusion… Varaba except for six species is forbidden agreed upon between the imams of ijtihad([43]).

فبقي الربا في غير هذه الأصناف من غير بيان صريح موكولاً إلى اجتهاد المجتهدين، فكان الاشتباه والإشكال، الأمر الذي جعل عمر بن الخطاب يقول: «Three and wished that the Messenger of Allah e entrusted to us in them finish him era: Seriously and الكلالة the doors of the doors of usury »([44]).

3- Street excluded some members of usury need people Kalkarz and the naked. The sale of naked exempt from the prohibition from the sale Almzabna, and from the sale dates dates Mtfadila, contained in an interview on Working Khyber. But the license but signed with without five wasqs; for the need and necessity. And above as a quorum is not often except for the trade([45]).

Lord النسيئة January for itself, intentionally, and Lord Muharram credited for being the way to the first, where it arrives in Ghalib pictures, Fathrem from the door of excuses Dam. Is indicated by the report narrated by Abu Sa'eed that the Messenger of Allah e he said: «Not تبيعوا the DRAM Baldrhmin, I fear for you Alrme of, Alrme is usury.

Hence, the son of values ​​between the two teams in the label, was called first usury obvious and hidden second, then graded on that difference in some of the provisions, he said: The campus itself is not religiously permissible only for necessity.. And fill the campus permissible pretext of the need for and interest. Among this is permissible to sell ornament of gold and silver with their money than weigh in an interview what the workmanship, and cited Lord passport thanks to the paramount interest by the possibility of the Prophet e naked sale([46]).

5- The scholars agreed that it is permissible to sell an interest-based Proboa not shared in the illness Mtfadila or deferred, such as the sale of gold wheat, and sell silver barley. But if the interest-based interview is involved in the illness in malady Here two:

– First: Gold silver, will prevent the postponement The same sitting consensus requires.

– Second: Other races such as barley mainland, will prevent the postponement, but differed in the same sitting requirement([47]).

6- Did not expel the illness in some individuals, as authorized Abu Hanifa gold, silver, iron, lead or zero if نسيئة the doubles, with the accusation of double or weight. No prohibits usury owner of feeds, but also says riba in a non-sex union, and permits where disagree, such as: Iron and the like gold and silver, which is here agree with those who say that it is permissible usury credit([48]).

It is these observations, we find that the reason the Lord credited not entirely clear, scientists differ markedly around, and sometimes they are not steady. It is characteristic of the illness the right upon which the judgment it describe a disciplined apparent in all its members; because this is a reliable build judged. Otherwise, the emitter is the legitimate destination rule, which is the reason behind it, which is to bring stakeholders, (The benefit or goodness or justice or capacity or happiness…Etc.) Damaging or pay (The embarrassment or distress or evil, injustice or exploitation…). But since these descriptions undisciplined discretionary saw jurisprudence scholars assigned to the rule describe Zahir disciplined, and that is this description runs the risk to achieve legitimate destination, or the judgment or wisdom than.

Accordingly,If we look at the bug disciplined, Saying that usury bug is financial and it can not be achieved unless three conditions are: Sex, term, and increase, is swage words, so please Lord, thanks.

But if we are counting on the destination legitimate or motive power, and here he paid injustice or exploitation, must reduce the three conditions above, by eliminating the requirement Federation of sex in the case of term and increase, so the pre Bsair than Lord with delay; because the emitter increases here are two sources: Sex and the difference-term, so that it runs the risk of exploitation, and be equality تسترا the variation of the increase due to grace. The Federation of sex with a term without increasing the size of paper like him, it is a loan, and it is an exception to the usury, as some believe, or that it is permissible in case the loan is not permissible in the case of a sale; loan because the charity and sales Mmaxh, as interpreted by others.

The Federation of sex with an increase, lectured Bhadhar, the increase emitter here one source, a different quality, so it runs the risk of exploitation lighter, and some transactions are not without some ambiguity. However authorized street, Kalmdharbh and sharecropping and Musaqah. It also restricted the full treatment here symmetry makes it impossible because it does not accept relations; thus know that the destination of this restriction is a precaution against exploitation. Perhaps this is a modern interpretation: «Not تبيعوا the DRAM Baldrhmin, I fear for you Alrme of».

This is the director, but the issue is resolved by removing the discrepancy between conversations copying or Batorgih, which is the jurisdiction of the scholars so.

Thirdly: Or applied scientific importance of this topic:

Prohibition of usury credited in races set forth elsewhere but were important when the prevailing currency is النقدان: Gold and silver, any of the dinar and dirham, as well as when dealing barter was common because of the predominance of agricultural production, due to lack of cash on the one hand, and because of that deal dinar and dirham is the weight, which is hard currency.

Today, do not use gold and silver coins, and are not barter deal where paper money is available. But not quite say the disappearance of barter, where it can be dealt with on a limited scale in some countries in the agricultural sector.

Now clear scientific interest in this topic is dealing in the trade of gold ornaments. Where women sell old jewelery and buy new ornaments. Here must be applied to talk: «Gold for gold, silver for silver…»Inadmissibility of differentiation. But who gets that ornaments are sold old currency used, then buy new ornaments currency. If الصفقتان Thslan at the same goldsmith see scientists are keen to be every one of the deals independent of other. The sense that it should receive money from the jeweler when selling old ornaments, then buy new ornaments money from him and pay him again.

Otherwise, this topic remains only the importance of legislative. And God knows.

Sources and references:

1- أحمد بن علي بن حجر العسقلاني: Open Bari explain properly Bukhari, Knowledge House, Beirut, Part IV.

2- امحَمَّد بن يوسف اطْفِيَّشْ: Explanation Book Nile and the healing of the sick, a library extension, Jeddah, Part VIII.

3- Egyptian companion Younis: Installment sale, Dar pen, Damascus.

4- سالم بن محَمَّد الرواحي وآخرون: Rays of Islamic jurisprudence, i 1, 1414 AH / 1994 AD.

5- Amer Ben Ali Shammakhi the: Book illustration, the Ministry of National Heritage and Culture, Oman, 2nd Floor, 1420/1999, Part III.

6- نور الدين عبد الله بن حميد السالمي: The correct explanation of the Whole Musnad Spring, probity library, Oman, Part III.

7- And Zoheily gift: Islamic jurisprudence and evidence, Dar thought, Damascus, i 3, 1409/1989, Part IV.

8- Yousef Bin Ibrahim Allowargelana: Evidence and proof, and the Ministry of National Heritage and Culture, Oman, 1403/1983, Volume I.


([1]) Abu Yaqub Yusuf ibn Ibrahim Allowargelana: Evidence and proof, C 1, p 100.

([2]) Ibid, p 103.

([3]) Noureddine Salmi: The correct explanation of the Whole Musnad spring, c 3, p 203.

([4]) Ibid.

([5]) Ibid: C 3, pp. 204.

([6]) Ibid, vol 3, p 204, and see margin p 205.

([7]) Ibn Hajar: Open Bari explain properly Bukhari, vol 4, p 382.

([8]) Explain right Mosque, c 3, p 205.

([9]) Sura: 279-280.

([10]) Ibid p 206.

([11]) Ibid, pp. 210-211.

([12]) Ibid, p 214.

([13]) امحَمَّد بن يوسف اطْفِيَّشْ: Explain the Nile, vol 8, p 39.

([14]) Ibid.

([15]) Ibid, pp. 39-40.

([16]) Noureddine Salmi: Explain right Mosque, c 3, p 215.

([17]) امحَمَّد بن يوسف اطْفِيَّشْ: Explain the Nile, vol 8, p 40.

([18]) Noureddine Salmi: Explain right Mosque, vol 3, p 335.

([19]) امحَمَّد بن يوسف اطْفِيَّشْ: Explain the Nile, vol 8, p 430.

([20]) Amer Ben Ali Shammakhi the: Clarification, c 3, p 23- 24.

([21]) Noureddine Salmi: Explain right Mosque, vol 3, p 217.

([22]) Ibid, p 219.

([23]) Noureddine Salmi: Explain right Mosque, c 3, p 215. See the sidelines p 216.

([24]) Ibid, p 215.

([25]) Ibid, p 216.

([26]) Ibid, p 194.

([27]) Ibid, p 192.

([28]) Ibid, p 194.

([29]) Ibid. And explain the Nile, vol 8, p 38. And clarification, c 3, p 23.

([30]) D. And Zoheily gift: Islamic jurisprudence and evidence, C 4, pp. 683-684.

([31]) Ibid, pp. 684-685.

([32]) Surah: 38.

([33]) Ibid, pp. 686-687.

([34]) Ibid, p 688.

([35]) Ibid, p 688.

([36]) امحَمَّد بن يوسف اطْفِيَّشْ: Explain the Nile, c 8, pp. 37-38.

([37]) Ibid, pp. 40-41.

([38]) Ibid, p 41.

([39]) Amer Ben Ali Shammakhi the: Clarification, c 3, p 24.

([40]) Ibid, pp. 30-32.

([41]) امحَمَّد بن يوسف اطْفِيَّشْ: Explain the Nile, vol 8, p 40.

([42]) Look: Mohammed Mustafa Shalabi: Islamic jurisprudence between idealism and realism, p 226.

([43]) Ibid, pp. 236-237.

([44]) Ibid, p 225.

([45]) Look: Noureddine Salmi: Explain right Mosque, c 3, pp. 223-221

([46]) Mohammed Mustafa Shalabi: Islamic jurisprudence between idealism and realism, margin p 225.

([47]) Noureddine Salmi: Explain right Mosque, vol 3, p 193.

([48]) Look: Explain the Nile, vol 8, p 46. Illustration, c, 3, p 38.

 

* Research presented to the evolution science symposium in Amman during the third century AH

الإمام محَمَّد بن محبوب الرحيلي نموذجا

Held during the period
Monday 30 September 1422 / 14 January 2002.
Even 2 Dhul 1422 / 16 January 2002.

The Ministry of Awqaf and Religious Affairs - Oman

 

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