Chapter on Tawliyah, Ishrāk, and Murābaḥah

If a person purchases an item and, while the other party knows the original price, says, “I cede to you this contract (tawliyah),” and the latter accepts, he is bound to pay the very same price. The transaction is a sale in terms of its conditions and the sequence of its rulings, yet mentioning the price itself is unnecessary. Should the original seller remit part of the price to the transferee, the obligation is reduced for the transferee accordingly.

To share only a portion of the commodity (ishrāk) is treated like a full tawliyah, provided that the portion is specified; if left unspecified, the contract is still valid and the parties are deemed equal partners.

One view holds that a murābaḥah sale is invalid when phrased thus: “I bought it for one hundred, and I now sell it to you for what I paid plus a profit of one dirham for every ten,” or “with a profit of dah-yāzdah” (i.e., one on every eleven). A discounted sale known as muḥāṭah is comparable to saying, “I sold it for what I paid, minus dah-yāzdah,” whereby one is deducted from every eleven—some say from every ten.

When he says, “I sold it to you for what I bought it for,” nothing is meant but the original price. If, however, he says, “for whatever it cost me,” the price is deemed to include, in addition, the wages of the measurer, the broker, the watchman, the fuller, the repairer, the goldsmith, and the value of