Explanation of the Hadith: "When you trade by way of 'inah (a buy-back sale used to disguise a loan)," and its application to the present time
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Question:
I would like an explanation of the hadithSunan Abi Dawud 3462Sahih (Al-Albani), and does this apply to our present time?
Answer:
Abandoning jihad falls into two categories. Abandoning it while having the ability to do so is not permissible. Abandoning it due to an inability to do so is acceptable. It is abandoned if they are unable to engage in jihad and jihad would cause them greater harm, such as the enemy gaining power over them[Al-Baqarah 2:195]. There is a distinction regarding abandoning jihad; it is not obligatory except when there is ability and capacity, and it must be under the banner of the imam, the imam of the Muslims. As for the phrase "you trade by way of 'inah."
'Inah means that one buys a commodity for a deferred price, then sells it to the one who sold it to him for a spot price that is less than the deferred price. This is a stratagem for riba (usury or interest); taking dirhams for dirhams with an increase, making the commodity a stratagem and the sale a stratagem. If you buy a commodity for a deferred price and want to sell it, transfer it and sell it to someone other than the creditor, to someone other than the seller, to someone other than its owner, and you will be free from 'inah. But if you return it to the creditor for a lower price, that is 'inah, and it is riba, and the sale becomes merely a stratagem for riba. As for the phrase "the tails of cows," and Allah knows best, this is an allusion to agriculture, and that people are engaged in agriculture, because cows are generally used for plowing. So they substituted cows and jihad for horses. This is a degradation. But as we mentioned, jihad requires a distinction, the availability of conditions and capabilities. If the conditions and capabilities are not available, jihad is not permissible. Because the Messenger of Allah (peace and blessings be upon him) and his Companions in Makkah were prevented from jihad,[An-Nisa 4:77] this was in Makkah. So jihad is not permissible with the weakness of the Muslims, meaning offensive jihad is not permissible with the weakness of the Muslims, because this turns the situation against them, and they are exterminated and destroyed, and the enemy gains power over them, and the result is the opposite.
The presenter:
May Allah reward you, Your Eminence the Shaykh,
I would like an explanation of the hadith
When you enter into the inah transaction, hold the tails of oxen, are pleased with agriculture, and give up conducting jihad (struggle in the way of Allah). Allah will make disgrace prevail over you, and will not withdraw it until you return to your original religion.
إذا تبايعتم بالعينة، وتبعتم أذناب البقر، ورضيتم بالزرع، وتركتم الجهاد، سلط الله عليكم ذلا لا ينزعه حتى تراجعوا دينكمAnswer:
Abandoning jihad falls into two categories. Abandoning it while having the ability to do so is not permissible. Abandoning it due to an inability to do so is acceptable. It is abandoned if they are unable to engage in jihad and jihad would cause them greater harm, such as the enemy gaining power over them
and do not throw [yourselves] with your [own] hands into destruction [by refraining]
وَلَا تُلْقُوا بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِ'Inah means that one buys a commodity for a deferred price, then sells it to the one who sold it to him for a spot price that is less than the deferred price. This is a stratagem for riba (usury or interest); taking dirhams for dirhams with an increase, making the commodity a stratagem and the sale a stratagem. If you buy a commodity for a deferred price and want to sell it, transfer it and sell it to someone other than the creditor, to someone other than the seller, to someone other than its owner, and you will be free from 'inah. But if you return it to the creditor for a lower price, that is 'inah, and it is riba, and the sale becomes merely a stratagem for riba. As for the phrase "the tails of cows," and Allah knows best, this is an allusion to agriculture, and that people are engaged in agriculture, because cows are generally used for plowing. So they substituted cows and jihad for horses. This is a degradation. But as we mentioned, jihad requires a distinction, the availability of conditions and capabilities. If the conditions and capabilities are not available, jihad is not permissible. Because the Messenger of Allah (peace and blessings be upon him) and his Companions in Makkah were prevented from jihad,
Have you not seen those who were told, "Restrain your hands [from fighting] and establish prayer and give zakah"?
أَلَمْ تَرَ إِلَى الَّذِينَ قِيلَ لَهُمْ كُفُّوا أَيْدِيَكُمْ وَأَقِيمُوا الصَّلَاةَ وَآتُوا الزَّكَاةَThe presenter:
May Allah reward you, Your Eminence the Shaykh,
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/108 شرح زاد المستقنع/ صالح الفوزان — youtube.com (45:00)
The Arabic text is a machine transcription of the audio recording.