What is the principle upon which the Hanafis base these stratagems?
Machine translationRead the Arabic original
The questioner : Yes. Shaykh, may Allah preserve 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 look at the apparent form of the issues and do not return to the intended meanings. Certainly, you are stratageming against Allah, Mighty and Majestic, who legislated these rights. The important thing is that this is their doubt. Then perhaps they cite the saying of the Messenger (peace and blessings be upon him)Sahih al-Bukhari 2201, 2202 They said this is a stratagem where he takes good dates for bad dates, but it is not a stratagem; it is not a stratagem. In any case, the best person to write on this issue is Shaykh al-Islam, may Allah have mercy on him, in his well-known book *Ibtal al-Tahlil*, a single volume.
The Shaykh : The principle is that they, may Allah have mercy on them, take the apparent form of the transaction. They look at the apparent form of the issues and do not return to the intended meanings. Certainly, you are stratageming against Allah, Mighty and Majestic, who legislated these rights. The important thing is that this is their doubt. Then perhaps they cite the saying of the Messenger (peace and blessings be upon him)
but sell the mixed dates (of inferior quality) for money, and then buy good dates with that money.
بع الجمع بالدراهم ثم اشتري بالدراهم
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 3664 - 4600 ما هو الأصل عند الأحناف الذي يبنون عليه هذه الحيل؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.