In the name of Allah, the Most Gracious, the Most Merciful. Blessings and peace be upon the noblest of the Prophets and Messengers, our Prophet Muhammad, and upon all his family and Companions.
This is a summary of what was covered in this part of the explanation of al-Risalah by Imam al-Shafi’i, focusing on the important points and clarifications.
On another type of difference: reconciliation and giving precedence (preference, tarjih):
- Introduction:
- The previous session dealt with difference in which there is no conflict between the texts, namely variety-based difference.
- Today’s session deals with another type of difference: difference in which reconciliation and giving precedence (preference) between texts are needed.
- The hadith of Abu Sa’id al-Khudri forbidding the sale of gold for gold and silver for silver except like for like:
- Al-Shafi’i cited the hadith of Abu Sa’id al-Khudri: “Do not sell gold for gold except like for like, and do not make one exceed the other; do not sell silver (wariq) for silver except like for like, and do not make one exceed the other; and do not sell any of it that is absent for what is present.”
- Explanation of the meanings of the hadith:
- “Do not make one exceed (la tushiffu)”: that is, do not give one more than the other.
- “Absent for present”: that is, deferred for immediate, so it is not permissible to sell gold or silver in instalments.
- Conditions for selling the usurious (ribawi) commodities:
- Equivalence (like for like): that is, equality in weight and fineness.
- Taking possession in the same sitting (“hand to hand”): that is, delivering and receiving in the same sitting.
- The usurious commodities: gold, silver, wheat, barley, dates, and salt.
- It is not permissible to exchange equivalent paper currencies with an excess (for example, a hundred new pounds for a hundred and fifty old pounds). This is riba al-fadl (usury of excess).
- The exception of salt: it is permissible to sell salt with an excess because of people’s need for it, and because those who deal in it are mostly the young or those who do not know the rulings of sales. This is unlike gold, which is mostly dealt in by adults who know the rulings of sales.
- The hadiths of Abu Hurayrah and Ibn ‘Umar forbidding excess between a dinar and a dinar and a dirham and a dirham:
- Al-Shafi’i cited the hadith of Abu Hurayrah: “A dinar for a dinar and a dirham for a dirham, with no excess between them.”
- And the hadith of Ibn ‘Umar: “A dinar for a dinar and a dirham for a dirham, with no excess between them. This is the covenant of our Prophet to us, and our covenant to you.”
- He also mentioned the narrations of ‘Uthman ibn ‘Affan and ‘Ubadah ibn al-Samit forbidding any increase in gold for gold, even hand to hand.
- Al-Shafi’i said: We adopt these hadiths in holding that riba al-fadl is forbidden, and the senior Companions and most of the muftis in the various lands held the same meaning.
- The hadith of Usamah ibn Zayd: “Riba is only in deferment (nasi’ah)”:
- Al-Shafi’i cited the hadith of Usamah ibn Zayd: “Riba is only in deferment.”
- He explained that “only” (innama) conveys restriction, but it cannot be inferred from it that riba al-fadl is not riba, or that riba is of two kinds: a riba that is overlooked and a riba that is not.
- He explained that what is meant by the hadith of Usamah is that riba al-nasi’ah (usury of deferment) is more severely forbidden than riba al-fadl, not that riba al-fadl is not forbidden.
- He likened it to saying “The man is only Zayd,” which does not deny that there are men other than Zayd.
- Reconciliation and preference between the hadith of Usamah and the hadiths on riba al-fadl:
- He mentioned that Ibn ‘Abbas and some of the people of Makkah understood from the hadith of Usamah that the forbidden riba is only riba al-nasi’ah, and that there is no riba in a hand-to-hand sale with an excess.
- Al-Shafi’i explained that the hadith of Usamah could possibly agree with the hadiths on riba al-fadl, and could possibly contradict them.
- Ways in which it could agree:
- That Usamah heard the Prophet ﷺ being asked about two different kinds (such as gold and dates) and he said “Riba is only in deferment,” meaning the more severe riba.
- That Usamah was not present for the full context of the hadith, but only heard the answer.
- The way in which it could contradict: that Ibn ‘Abbas held that there is no riba in a hand-to-hand sale with an excess.
- Al-Shafi’i explained that the hadiths narrated on riba al-fadl (from ‘Uthman, ‘Ubadah, Abu Hurayrah, and others) are more numerous, better known, and better established than the hadith of Usamah, so acting on them takes precedence.
- Conclusion on reconciling the hadiths:
- The better position is to say that all the hadiths are authentic, and that his saying “Riba is only in deferment” does not indicate that riba al-fadl is permissible; it only indicates that riba al-nasi’ah is more severely forbidden.
- In this way the narrations are reconciled and there is no conflict between them.
Some important benefits:
- Explanation of the hadith forbidding the sale of gold and silver except like for like.
- The conditions for selling the usurious commodities.
- Explanation of the hadith “Riba is only in deferment” and its reconciliation with the hadiths on riba al-fadl.
- Preference between hadiths when there is an apparent conflict.
- The importance of understanding the objectives of the Shariah in reconciling texts.
We ask Allah the Exalted for acceptance and ease.
All parts of Summary of the Explanation of al-Risala by Shaykh Dr. Ahmad al-Naqeeb