Finding of ILLAHs of Riba

Muhammad Abubakar Siddique,

Lecturer, Int’l Institute of Islamic Economics (IIIE),

Int’l Islamic University, Islamabad.

Muhammad.abubakar@iiu.edu.pk

Website: http://islamicfina.com/

Oct. 11, 2021

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Video Lecture of This Reading 

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Will the Rules of Riba al-Fadl be applied on the exchange of goods other than the six goods mentioned in Hadith?    

            Second caliph Umar Farooq (RA) did not consider only these six goods as rabawi maal or did not restrict riba al-fadl into these six goods only. Rather he used to apply riba al-fadl rules on every sale/exchange that is done on same kinds of goods. Once he was asked whether one sheep can be sold for two sheep, he disliked and considered that sale as Makrooh. Though other jurists allow such sale but second caliph disliked on the base of taqwa (purity).

There are two groups about this issue.

Zahiri School: Ibn-e-Hazm Zahiri (علامہ ابن حزم ظاہری)says there is no need to apply these rules on the exchanges of the goods other than these six goods mentioned in hadith.

Jamhur (Majority): Hanfi, Malki, Shaf’i and Hanbali are of the view that these rules are extendable to the exchanges of other commodities other than these six goods. Other goods can be rabawi goods, but there will be specific criteria for this.

Note: Jamhur unanimously says that we will search the ‘illah (reason) that is common in above mentioned exchanges of six goods in hadith. All those goods would be considered rabawi, if that ‘illah exist in them. So Riba al-fadl rules will be applied in all those exchanges of goods in which that ‘illah will exist. However, they differ to each other regarding fixing the ‘illah.

 

Finding the ‘illah

            Jamhur unanimously divide those six goods mentioned in hadith into two groups: metals and Food items.

 

Metal	Food items
Gold, Silver	Wheat, Dates, Salt, barley

 

Hanafi: ‘illah

According to Hanafi jurists, there two following “‘illahs” of riba al-fadl:

1. Homogeneity (ہم جنس)

 

1. Qadar (ہم قدر) — Unit of Measurement
   1. Gold and silver are weight-able goods (وزنی اشیاء). OR
   2. Other four food items are Volume-able goods (حجمی یا کیلی اشیاء).

According to hanafi jurists, riba al-fadl rules will be applied if both items of an exchange are [homogeneous + weight-able] or [homogeneous + volume-able].

 

Hanafi Conclusion:

1. When Both ‘illahs exist in an exchange, rule no. 1 will be applied that says exchange will be done on equal and at the spot basis, like

[Homogeneous + weight-able] or [homogeneous + volume-able]

2. When Homogeneity does not exist and Qadar exist in an exchange, rule no. 2 will be applied that says exchange will be done at the spot basis and equality does not matter like Gold for Silver, Wheat for Dates. This is mentioned in above mentioned in hadith: فَإِذَا اخْتَلَفَتْ هَذِهِ الْأَصْنَافُ فَبِيعُوا كَيْفَ شِئْتُمْ، إِذَا كَانَ يَدًا بِيَدٍ (If the commodities differ, then you may sell as you wish, provided that the exchange is hand-to-hand).
3. When Homogeneity exist and Qadar does not exist, then rule no. 2 will be applied that says exchange will be done at the spot basis and equality does not matter, like one goat for two goats.
4. When both ‘illahs do not exist, then that exchange would not be subject to riba al-fadl. Exchange them “as you wish” basis like Gold for dates, Silver for Barley.

What would be the criteria for goods whether they are weight-able or Volume-able?

Hanfi jurists says;

1. The goods would be considered weight-able, if they were weight-able in the time of Holy Prophet ﷺ, irrespective of contemporary or existing criteria.
2. The goods would be considered volume-able, if they were volume-able in the time of Holy Prophet ﷺ, irrespective of contemporary or existing criteria.
3. The goods that are newly introduced or about which no information can be found in age of Holy Prophet ﷺ, would be judged according to modern unit of measurement.

Explanation:

 “Irrespective of contemporary or existing criteria” means just to find out the rules of riba al-fadl whether rule no. 1 or rule no. 2 will be applied on an exchange? We will consider the goods according to the time of Holy Prophet ﷺ, after getting the rule we can exchange them according to modern existing measure.

Example-1:  How to exchange Wheat for Wheat? We know that today wheat is bought and sold through weight like 10 kg, 50 kg etc. But at the same time we know that it was volume-able in the time of Holy Prophet ﷺ. Therefore we will consider wheat as volume-able to find out whether this exchange is subject to riba al-fadl or not? If it is subject to riba al-fadl, which rule will be applied rule no. 1 or rule no. 2? We focus and finds that in Wheat for wheat both ‘illahs [Homogeneity and Qadar (volume-able)] exist therefore rule no. 1 will be applied that says exchange should be done on equal and at the spot basis. Now we are free to exchange wheat according to modern existing unit of measurement like 50kg of wheat for 50kg wheat but at the spot.

Example-2:  How to exchange Wheat for Silver? If we consider modern existing unit of measurement, then both goods are weight-able today. In this case first ‘illah of homogeneity does not exist, but second ‘illah of Qadar (weighable) exists because both are weight-able. It means rule no. 2 will be applied that says exchange will be done at the spot and equality does not matter. This is irrational conclusion because why silver must be handed over at the spot against wheat? It means anywhere silver coins are running in economy, people cannot buy wheat on deferred payment basis.  To avoid such erroneous results we consider unit of measurement according to the time of holy prophet ﷺ. In that case wheat is volume-able and silver is weight-able. Both ‘illah does not exist. So this exchange can be done “as you wish” basis.

There are following 6 possible cases:

Sr.	Illah – 1	Illah-2	Rule No.
1	Homogeneous	Weighable	1
2	Homogeneous	Volume-able	1
3	No	Weighable	2
4	No	Volume-able	2
5	Homogeneous	No	2
6	No	No	As you wish

    

Ma’dudat (Countable goods):

            According to only Ahnaf, countable goods are also rabawi. For this they divide countable goods into two groups: Ma’dudat al-Mutaqaribah and Ma’dudat Ghair Mutaqaribah.

 

Ma’dudat al-Mutaqaribah (Close Countable goods)-(مَعدودات المُتَقَارِبَه)

            These are the goods that are traded through countable mode and whose homogeneous are easily available in the market as a substitute e.g. eggs, banana, orange etc. They can be easily replaced by each other. That is why they are considered fungible (mithli) whose liability is paid through similar item like eggs can be replaced by eggs.

            Their homogeneous exchange is subject to riba al-fadl. There is only principle for the exchange of close countable goods:

• homogeneous exchange                  Rule No. 1

Note: Riba al-fadl rules do not apply on their heterogeneous exchange e.g. eggs for banana.

 

Ma’dudat Ghair Mutaqaribah (Far Countable goods) – (مَعدودات غير مُتَقَارِبَه)

            These are the goods that are traded through countable mode, but their homogeneous substitute are not available in the market e.g. goat, cow etc. They cannot be replaced by each other. That is why they are called non-fungible (Qimi) whose liability is paid through price like cow is not replaced by another cow, but through its price.

            Their homogeneous exchange is subject to riba al-fadl. There is only principle for the exchange of far countable goods:

• homogeneous exchange                  Rule No. 2

 

Shafi‘i School: ‘Illah

           They do not consider ”Homogeneity” (ہم جنس) as ” illah ” but condition (شرط). Shafi‘i Jurists adopt ”the function of goods” as standard to find the ‘illah of riba al-fadl. They say:

1. Thamniyyah–ثَمنِيَّةُ: The ‘illah for gold and silver is (thamaniyyah) [being prices of the things or being the currency]

OR

2. Edibility – Tu‘m–طُعم: The ‘illah for wheat, barley, dates and salt is their being food or edibility (Tu‘m– طُعم).

Note: The word Mat’um (مَطعُوم) means ”edible thing” and its plural is مَطعُومات.

 

Shaf’i Principles of Riba al-fadl:

1. Rule No. 1 will be applied if ‘illah exist along with condition of ”Homogeneity”.
2. Rule No. 2 will be applied if ‘illah exist without the condition of ”Homogeneity”.
3. No rule will be applied if no ‘illah exist.

Application of Riba al-Fadl Principles:

            According to Shafi‘i jurists, riba al-fadl rules will be applied in an exchange of goods, if both items of an exchange are;

Thaman ثمن ۔

1. Thaman along with ”Homogeneity”…… Rule No. 1
2. Thaman without ”Homogeneity”………. Rule No. 2

 

Edibles – مَطعُوم

      Case – A:  Whether they are weighable (وزنی) like Meat, fish, fat, vegetables, sugar, some fruits.

      Case – B:  Whether they are volume-able (کیلی) like wheat, rice, dates, barley, salt, corn, lentils.

      Case – C:  Whether they are neither weighable (وزنی) nor volume-able (کیلی) like (Mazruat- مذروعات) e.g clothes and Ma’dudat (معدودات) 

                        watermelon, Pomegranate, Cucumber, eggs etc.

 

Hukm Shar’i for cases under No. 2:

There are following two possibilities in above three cases;

1. If Condition of ” Homogeneity” exists in above three (A,B and C) cases, then Rule No. 1 will be applied on such exchanges that means exchanges would be done on equal and at the spot basis. Otherwise exchanges would be considered irregular.
2. If Condition of ” Homogeneity” does not exists in above three (A,B and C) cases, then Rule No. 2 will be applied on such exchanges that means exchanges would be done at the spot basis and equality does not matter. Otherwise exchanges would be considered irregular.

 

Malki: ‘Illah

Accordig to Malki jurists, There are two Illah of riba. 

ILLAH no. 1: Regarding first illah of riba, Malkis adopts Hanafi opinion of “homogeneity“.

ILLAH no. 2: To find the second ‘illah, Malki jurists are with Shafi’i jurists with little bit difference and adopt the function of goods. They say:

1. The ‘illah for gold and silver is their being prices of the things or the currency-value (thamaniyyah–ثَمنِيَّةُ)
2. For wheat, barley, dates and salt is their being storable food or storable edibles (StorableTu‘m–قابل ذخیرہ طُعم).

According to Malki jurists, riba al-fadl rules will be applied, if both items of an exchange are (thamaniyyah-ثمنیہ) or Store able edibles at the same time along with the existence of sufficient condition.

 

Hanbali: ‘Illah

They are of the view that there are two ILLAHs of riba. 

ILLAH no. 1: Homogeneity (like Hanafi) 

ILLAH no. 2: There are following three views narrated from Hanbali school regarding second illah of riba;

1. They adopt Hanafi View
2. They adopt Shaf’i view
3. The third opinion is as follows;
   1. illah in Gold and silver is weight-able like Hanafi view
   2. ‘illah in other four food items are weight-able edibles or volume-able edibles

 

All Jurist’s Unanimous Conclusion:

Along with the different view about second ‘illah, all jurists are unanimous on following conclusions:

1. When Both sufficient and necessary condition exist in an exchange, rule no. 1 will be applied that says exchange will be done on equal and at the spot basis.
2. When only necessary ‘illah does exist in an exchange, rule no. 2 will be applied that says exchange will be done at the spot basis and equality does not matter. This is mentioned in above mentioned in hadith: فَإِذَا اخْتَلَفَتْ هَذِهِ الْأَصْنَافُ فَبِيعُوا كَيْفَ شِئْتُمْ، إِذَا كَانَ يَدًا بِيَد (If the commodities differ , then you may sell as you wish, provided that the exchange is hand-to-hand).
3. When both sufficient and necessary ‘illah do not exist, then that exchange would not be subject to riba al-fadl. Exchange them “as you wish” basis.
4. When Sufficient ‘illah does exist but necessary ‘illah does not exist, then that exchange would not be subject to riba al-fadl. Exchange them “as you wish”.

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نیچے دیے گئے لنک پر کلک کریں اور سبسکرائب کریں ۔

اسلامی معلومات ، روایتی معاشیات ، اسلامی معاشیات اور اسلامی بینکاری سے متعلق یو ٹیوب چینل
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