Explanation of the author's statement: His saying (...... and the consumption of riba
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The Shaykh : He said: .
Riba in language means: increase. In the Shari'ah, it means excess in some items and deferment in others, meaning it encompasses both excess and delay. All riba is an increase. From this is the saying of Allah the Exalted:[Al-Hajj 22:5] meaning it increased.
As for in the Shari'ah, it refers to excess in items in which the Shari'ah has forbidden excess, and delay in items in which the Shari'ah has forbidden delay. So it is excess and deferment: riba al-fadl and riba al-nasi'ah.
Riba applies to six types of wealth, which the Messenger (peace and blessings be upon him) specified in his saying:Sunan ad-Darimi 18:49. These are the ribawi items by the text of the hadith and the consensus of the Muslims. These four, or six, categories: if you sell one type for its like, then riba al-fadl and riba al-nasi'ah apply. Riba al-fadl and riba al-nasi'ah apply, meaning if you increase one over the other, it is riba; or if you make them equal but delay the taking possession, it is riba. So, gold for gold with excess and immediate taking possession? That is riba; this is riba al-fadl. And gold for gold with equality but delayed taking possession is also riba. So what is the solution? The solution is gold for gold with equality and immediate taking possession, in the same session, in the session of the contract. So if you sell a type for its like, it is necessary to have two things: equality and taking possession in the session of the contract.
Now, if the types differ but the 'illah (operative cause) is the same. The 'illah means the intended purpose is the same; the type differs but the intended purpose is the same. Then riba al-nasi'ah applies, but not riba al-fadl. So gold for silver with excess and immediate taking possession? Gold for silver with excess and immediate taking possession, is it permissible? Because the type differs, it is permissible for me to give you one dinar for ten dirhams of silver, but with immediate taking possession. And gold for silver with equality but delayed taking possession? Gold for silver with equality but delayed taking possession, is it permissible or not? It is riba, riba because of the delay in taking possession, because of the delay in taking possession. The Prophet (peace and blessings be upon him) said:Sahih Muslim 1587c
And we said: they agreed in purpose, to exclude the case where their purpose differs. For example, silver is a price for things, and gold is a price, or is it? Hmm? A price for things, and wheat is a price for things. No, wheat is food. So on this basis, a sa' of wheat for a sa' of gold with immediate taking possession, is it permissible? Hmm? It is permissible, it is permissible, there is no problem, because they were equal and they took possession. Good. A sa' of wheat for half a sa' of gold with mutual taking possession? They were not equal. They differed... it is not permissible, equality is required. Good. A sa' of wheat for one dinar with separation.
The student: It is permissible.
The Shaykh : How is it permissible? We now have them not equal, this is a dinar and this is a sa', hmm? Good, the purpose differed...
The student: The purpose differed.
The Shaykh : ... Yes, the purpose differed. This is intended as food and this is intended as currency and price. And on this basis, is separation permissible or not? It is permissible for me to buy from you a sa' of wheat for a dinar of gold, even if I do not take possession of it, and even if I do not take possession of it.
And eating riba
وأكل الرباEating riba
أكل الرباRiba in language means: increase. In the Shari'ah, it means excess in some items and deferment in others, meaning it encompasses both excess and delay. All riba is an increase. From this is the saying of Allah the Exalted:
but when We send down upon it rain, it quivers and swells
فإذا أنزلنا عليها الماء اهتزت وربتAs for in the Shari'ah, it refers to excess in items in which the Shari'ah has forbidden excess, and delay in items in which the Shari'ah has forbidden delay. So it is excess and deferment: riba al-fadl and riba al-nasi'ah.
Riba applies to six types of wealth, which the Messenger (peace and blessings be upon him) specified in his saying:
Gold for gold, silver for silver, wheat for wheat, dates for dates, barley for barley, and salt for salt
الذهب بالذهب والفضة بالفضة والبر بالبر والتمر بالتمر والشعير بالشعير والملح بالملحNow, if the types differ but the 'illah (operative cause) is the same. The 'illah means the intended purpose is the same; the type differs but the intended purpose is the same. Then riba al-nasi'ah applies, but not riba al-fadl. So gold for silver with excess and immediate taking possession? Gold for silver with excess and immediate taking possession, is it permissible? Because the type differs, it is permissible for me to give you one dinar for ten dirhams of silver, but with immediate taking possession. And gold for silver with equality but delayed taking possession? Gold for silver with equality but delayed taking possession, is it permissible or not? It is riba, riba because of the delay in taking possession, because of the delay in taking possession. The Prophet (peace and blessings be upon him) said:
If these classes differ, then sell as you wish if payment is made hand to hand.
إذا اختلفت هذه الأصناف فبيعوا كيف شئتم إذا كان يد بيدAnd we said: they agreed in purpose, to exclude the case where their purpose differs. For example, silver is a price for things, and gold is a price, or is it? Hmm? A price for things, and wheat is a price for things. No, wheat is food. So on this basis, a sa' of wheat for a sa' of gold with immediate taking possession, is it permissible? Hmm? It is permissible, it is permissible, there is no problem, because they were equal and they took possession. Good. A sa' of wheat for half a sa' of gold with mutual taking possession? They were not equal. They differed... it is not permissible, equality is required. Good. A sa' of wheat for one dinar with separation.
The student: It is permissible.
The Shaykh : How is it permissible? We now have them not equal, this is a dinar and this is a sa', hmm? Good, the purpose differed...
The student: The purpose differed.
The Shaykh : ... Yes, the purpose differed. This is intended as food and this is intended as currency and price. And on this basis, is separation permissible or not? It is permissible for me to buy from you a sa' of wheat for a dinar of gold, even if I do not take possession of it, and even if I do not take possession of it.