Book of Deferred-Payment Sales

This book rests on the principle of judging means by the prohibited ends to which they lead. Mālik’s position—may Allah have mercy on him—is to take such means into account in legal rulings and prohibit them. These are acts that appear permissible but serve as means of committing what is forbidden. They include sales that appear valid but serve as means of making ribā lawful. For example, a man sells another man an item for one hundred dinars payable at a future date, then buys it back for fifty dinars in cash. Through the apparently valid sale they have presented, the two have thus contrived a loan of fifty dinars in return for one hundred payable at a future date. This is forbidden, neither lawful nor permissible.

Al-Shāfi‘ī, Abū Hanīfa, and their followers permit such means. The correct position, however, is that of Mālik—may Allah Most High have mercy on him—and those who share his view, because whatever leads to something forbidden and provides a means of reaching it is likewise forbidden. Allah, Almighty and Majestic, says:

“Do not insult those they invoke besides Allah, lest they insult Allah out of hostility and ignorance.” [Al-An‘ām: 108]

He—glorified and exalted be He—thus forbade insulting the unbelievers’ gods, lest this become a means and a pathway to insulting Allah Most High. Allah Most High also says:

“O you who believe, do not say, ‘Rā‘inā (Attend to us),’ but say, ‘Unzurnā (Look upon us),’ and listen.” [Al-Baqara: 104]

Allah, Almighty and Majestic, thus forbade His believing servants to say to the Prophet, may Allah bless him and grant him peace, “Rā‘inā”—a valid, well-known expression in the Arabic language,