What is the principle upon which the Hanafis base their legal stratagems?
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The questioner : Shaykh, may Allah reward you. What is the principle upon which the Hanafis base these stratagems?
The Shaykh : The principle is that they, may Allah have mercy on them, take the apparent form of the transaction. They take the apparent form of the issues and do not return to the intended meanings.
The questioner : Certainly, certainly. This is a stratagem against Allah the Mighty and Majestic, who legislated these rights.
The Shaykh : The important point is that this is their claim. Then they may cite the saying ofMuwatta Malik 31:21. They say this is a stratagem where one takes good dates for bad dates, but it is not a stratagem. In any case, one of the best scholars to write on this issue is Shaykh Hassan, may Allah have mercy on him, in his well-known book *Ibtal al-Tahleel* (The Refutation of Making the Impermissible Permissible). It is a volume prepared by the Project of the Senior Scholars of Kuwait, may Allah preserve it with tawhid (the oneness of Allah) and the Sunnah.
The Shaykh : The principle is that they, may Allah have mercy on them, take the apparent form of the transaction. They take the apparent form of the issues and do not return to the intended meanings.
The questioner : Certainly, certainly. This is a stratagem against Allah the Mighty and Majestic, who legislated these rights.
The Shaykh : The important point is that this is their claim. Then they may cite the saying of
Sell the assorted ones for dirhams, and then buy the good ones with those dirhams.
رسول الله صلى الله عليه وسلم بع الجمع بالدراهم ثم اشتري بالدراهم جنيبا
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 3012 - 3550 حديث جاء المسور بن مخرمة فوضع يده على منكبي فانطلقت...📔 صحيح البخاري - ابن عثيمين — youtube.com (3:30)
The Arabic text is a machine transcription of the audio recording.