Home » Shafi'i Fiqh » Shafiifiqh.com » Bay’ al-‘Inah and Its Ruling in the Shafi’i Madhhab

Bay’ al-‘Inah and Its Ruling in the Shafi’i Madhhab

Answered as per Shafi'i Fiqh by Shafiifiqh.com

Question:
as salamo alaikom respected mufti, kindly explain what is BAIY-UL EINAH? In our Shafie Madhab what is the hukm of this kind of bay’? jazakumullahu khairah ahsanal jaza.

Country: Philippines

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

Bay’ al-‘inah is defined by Imam Rafi’i in al-Sharh al-Kabir v. 8, p. 231 and Imam Nawawi in Rawdah v. 3, p. 417-18 as,

أن يبيع غيره شيئا بثمن مؤجل ويسلمه إليه ثم يشتريه قبل قبض الثمن بأقل من ذلك نقدا

“That one sells another something with a deferred payment and hands over the article to him; then, he purchases it, before taking possession of the payment, for less than that in cash.”

This contract is not permissible according to Imams Abu Hanifah and Ahmad.

While in the Shafi’i Madhhab, it is makruh. Imam Nawawi stated this in Rawdah v. 3, p. 421; followed by Ibn al-Muqri in Rawd al-Talib along with Shaykh al-Islam’s commentary v. 2, p. 41; and likewise Muzajjad in al-‘Ubab al-Muhit v. 2, p. 36.

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

This answer was collected from Shafiifiqh.com which was a repository of Islamic answers as per the Shafi’i madhhab. The website no longer functions. At its peak, many ‘ulama were involved with the site including Shaykh Mawlana Taha Karaan, Shaykh Abdul-Fattah ibn Abdullah, and Shaykh AbdurRagman Khan.

Read answers with similar topics: