What is the operative cause of the application of riba?
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The questioner : ...؟
The Shaykh : Those who said that it is by the limit said, "We know the operative cause; it is not unknown to them, which is why they considered it known by the limit."
The questioner : ...؟
The Shaykh : We hold it to be the stronger position, as we said a moment ago in the answer. But I do not know where you are, Kamil. We said that it is more likely that it is by the limit, is that not so? Yes. The closest thing to what Malik (may Allah have mercy on him) held is that it is food and measure, meaning he combined two things. As for weight, there is nothing in it except gold and silver only. It appears that this is what Kamil intends. If he intends this, then it is known, because I did not say that I said it is by the limit; I said that it is more likely that it is by the limit, and then I was silent.
The questioner : ...؟
The Shaykh : Some scholars said it is by counting, and he is one of the analogists, because the operative cause is unknown... but he made it by counting, saying that because the scholars disagreed on the operative cause, it is therefore unknown, so we restrict ourselves to what came in the explicit text. But sometimes you see the mind wandering a bit.
The questioner : ...
The Shaykh : Measure and food, regarding the four categories. As for gold and silver, the operative cause is the gold and silver itself, whether it is in dinars, raw metal, jewelry, or otherwise.
The questioner : ...؟
The Shaykh : Food and measure.
The Shaykh : Those who said that it is by the limit said, "We know the operative cause; it is not unknown to them, which is why they considered it known by the limit."
The questioner : ...؟
The Shaykh : We hold it to be the stronger position, as we said a moment ago in the answer. But I do not know where you are, Kamil. We said that it is more likely that it is by the limit, is that not so? Yes. The closest thing to what Malik (may Allah have mercy on him) held is that it is food and measure, meaning he combined two things. As for weight, there is nothing in it except gold and silver only. It appears that this is what Kamil intends. If he intends this, then it is known, because I did not say that I said it is by the limit; I said that it is more likely that it is by the limit, and then I was silent.
The questioner : ...؟
The Shaykh : Some scholars said it is by counting, and he is one of the analogists, because the operative cause is unknown... but he made it by counting, saying that because the scholars disagreed on the operative cause, it is therefore unknown, so we restrict ourselves to what came in the explicit text. But sometimes you see the mind wandering a bit.
The questioner : ...
The Shaykh : Measure and food, regarding the four categories. As for gold and silver, the operative cause is the gold and silver itself, whether it is in dinars, raw metal, jewelry, or otherwise.
The questioner : ...؟
The Shaykh : Food and measure.