and may lawfully be lent, subject to conditions that will be described below, Allah Most High willing. This differs from the position of Abū Hanīfa—may Allah Most High have mercy on him—that neither advance-payment sales nor loans of animals are permissible, and from that of Dāwūd and a group of adherents of the Zāhirī school, who hold that advance-payment sales are permissible only for goods measured by volume or weight.
Section
Among the proofs supporting our position that advance-payment sales are permissible for animals, merchandise, and everything that can be precisely specified by description is that Allah, blessed and exalted be He, has permitted His servants to trade, granting them unrestricted permission and general authorization in several verses of His Book. He Most High says:
“And call witnesses when you enter into a sale.” [al-Baqarah: 282]
He also says:
“Do not consume one another’s wealth unjustly, but let there be trade by mutual consent among you.” [al-Nisā’: 29]
And:
“Unless it is an immediate transaction that you conduct among yourselves.” [al-Baqarah: 282]
And:
“There is no blame upon you for seeking bounty from your Lord.” [al-Baqarah: 198]
This refers to trade; that is the meaning of the verse. For it has also been recited: “There is no blame upon you for seeking bounty from your Lord during the pilgrimage seasons.” This reading is therefore understood as an explanation.
He Most High also says:
“Allah has permitted trade and forbidden usury.” [al-Baqarah: 275]
There is, however, disagreement concerning the following statements of Allah Most High:
“Allah has permitted trade and forbidden usury.” [al-Baqarah: 275]
“Establish prayer and give zakāh.” [al-Baqarah: 43]
“Pilgrimage to the House is a duty owed to Allah by those who are able to undertake it.” [Āl ‘Imrān: 97]
“Fasting has been prescribed for you.” [al-Baqarah: 183]
Are these expressions general in scope or indeterminate in meaning? Some scholars hold that they are all indeterminate: their intended meaning cannot be understood from their wording alone, and they require clarification from other texts. Others hold that they are all general and must, by virtue of their apparent meaning, be understood in their full generality until evidence restricts their scope. Abū Muhammad ibn Nasr—that is, ‘Abd al-Wahhāb, the author of the commentary, one of the Baghdādī scholars—held that they are all indeterminate except for His saying, Most High: “Allah has permitted trade and forbidden usury” [al-Baqarah: 275],