through the contract. But if we hold that they are not specified by designation, then when he finds them defective, the contract remains as it was, and he may demand sound replacements.
Riba is forbidden between a Muslim and a belligerent non-Muslim, and between Muslims without exception, whether in Muslim lands or lands of war.
His statement, “Riba is forbidden between a Muslim and a belligerent non-Muslim”: the prohibition of riba is established by the Quran, the Sunnah, and the consensus of the Muslims. This is true in general, although the scholars differ greatly over certain issues. As for the Quran, Allah’s saying is explicit: “Allah has permitted trade and forbidden riba” [al-Baqarah: 275]. As for the Sunnah, it is authentically reported from the Prophet that “he cursed the one who consumes riba, the one who pays it, its two witnesses, and its scribe” (1). This indicates that riba is among the major sins. As for consensus, the Muslims have not differed over the fact that riba is forbidden, even though they differ over certain issues—for example, over the effective cause of riba and whether the ruling extends to matters other than those explicitly mentioned in the texts. As we have previously seen, there is disagreement on such matters; nevertheless, they are united in holding riba to be forbidden. This is like saying that the scholars unanimously agree that zakat is obligatory, even though they differ regarding certain things as to whether zakat is due on them or not.
His statement, “Riba is forbidden between a Muslim and a belligerent non-Muslim,” means that it is forbidden just as it is forbidden between Muslims. The life and property of a belligerent non-Muslim are lawful to us; if we were to take his property by force, it would belong to us. Yet when conducting a transaction, the transaction must be carried out in accordance with what the Islamic law requires. Moreover, if you enter into a contract with him, the contract is a form of covenant. Allah says, “O you who believe, fulfil your contracts” [al-Ma’idah: 1], and He says, “Fulfil every covenant, for every covenant will be questioned about” [al-Isra’: 34]. And riba in