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Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

Various aspects of Hanafi Fiqh are explained, e.g., zakat, ramadan, hajj, sadaqa-i fitr, Qurban(sacrifice), Iyd(Eid), nikah(marriage), death, janaza, burial, visiting graves, condolence, isqat and knowledge of faraid.

Various aspects of Hanafi Fiqh are explained, e.g., zakat, ramadan, hajj, sadaqa-i fitr, Qurban(sacrifice), Iyd(Eid), nikah(marriage), death, janaza, burial, visiting graves, condolence, isqat and knowledge of faraid.

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1– Qadr, i.e. their being measured by weight or by capacity;<br />

2– Their being of the same genus.<br />

A sale containing fâiz cannot be made on credit. It always has<br />

to be made by ready payment. The sale’s being made on the basis<br />

of ready payment requires the mebî’ and the themen’s having (the<br />

attribute of) ta’ayyun.<br />

It is a commandment of Islam that wheat, barley, dates, and salt<br />

should always and everywhere be measured by capacity, and gold<br />

and silver should always and everywhere be measured by weight.<br />

How things other than these six items should be measured is to be<br />

determined in accordance with common practices. Please see the<br />

twenty-ninth chapter!<br />

If both the (aforesaid) causes of fâiz are nonexistent in a sale,<br />

that sale is not tainted with fâiz. Hence, when one of the items<br />

measures more and the sale is made on the basis of ready payment<br />

or on credit, fâiz will not be the case. For instance, it is permissible<br />

to sell ten metres of flannelette for fifteen metres of printed cloth<br />

on the basis of ready payment or on credit.<br />

If both the causes coexist, the sale will be permissible only<br />

when both items are equal in measure and the bargain is made on<br />

ready payment, and it will be tainted with fâiz when the items<br />

differ in amount although the basis of ready payment is effected,<br />

or when one of the parties is allowed credit although the items are<br />

equal in amount. As a matter fact, sales that are harâm when the<br />

item that measures more is to be paid on the spot, are always<br />

harâm, regardless of whether it is allowed credit and both items<br />

are equal in amount. A sale on credit is one thing; and a sale<br />

wherein the bargain is made that the payment (of the themen) will<br />

be made on the spot and thereafter the payment is adjourned, is<br />

another. When a tin of wheat is sold for another tin of wheat on<br />

the basis of ready payment, the items (to be exchanged) have to be<br />

measured as the bargain is being made. The sale will not be<br />

permissible if they are measured afterwards, even if they turn out<br />

to be equal. There will be fâiz in a sale whereby a bushel of wheat<br />

is sold for another bushel of wheat on credit, or for a less or more<br />

amount of wheat on the basis of ready delivery. In other words, it<br />

is not permissible; it is harâm. Licitness of selling a commodity for<br />

another commodity of the same genus and with the same weight or<br />

capacity on the basis of ready payment requires the two<br />

commodities’ having different characteristics. For that matter is it<br />

permissible to have money changed. If their characteristics also are<br />

– 454 –

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