Unfamiliar terms:
• mukhābarah: a verbal pattern of mufāʿalah, taken either from khabār—soft soil fit for cultivation—or from khabīr, meaning one skilled in tilling the land.
• muḥāqalah: derived from ḥaql, which denotes both the crop and the land in which it grows. In this context it refers to selling wheat while it is still in its ears for clean wheat free of straw.
• mazābanah: explained earlier.
• ʿarāyā: its detailed discussion will appear in its proper place, Allah willing.
Overall meaning:
We have already noted that transactions are, by default, lawful and permissible, remaining upon the original allowance and the presumption of freedom from liability. Whatever the Wise Lawgiver has prohibited of dealings that fall under the principle of prohibited usury—repugnant to both the Sacred Law and sound reason—or under any other principle of corruption opposed by the Law, is therefore forbidden a fortiori.
Among the transactions tainted by both ambiguity and usury are mukhābarah and muḥāqalah, which consist of selling grain while it is still in its ears for grain of the same type. In such a case one of the two counter-values is unknown, being concealed by its husk and straw; and that ignorance exposes the parties to ribā al-faḍl, for uncertainty about equality is treated in law like certainty of inequality.
Comparable to muḥāqalah is mazābanah, namely the sale of fresh dates still on the palm for an equal amount of dried dates. Whatever is said about the former applies equally to the latter.
Excluded from this is the case of ʿarāyā, subject to its specific conditions, because of people’s need for it; the details will come, Allah willing.
The Prophet likewise forbade selling fruit before its soundness becomes evident, so as to safeguard rights and prevent the seller from receiving the price without delivering a usable commodity to the buyer.
Benefits derived from the ḥadith:
- The prohibition of mukhābarah, muḥāqalah, and mazābanah.
- An exception to mazābanah is the concession for ʿarāyā owing to necessity.
- The prohibition of these dealings stems from the uncertainty surrounding the equality of the two counter-values; such uncertainty leads to usury.
- All the more so, the sale is unlawful when it is known that an excess exists between the two usury-liable items of the same genus.
- The prohibition of selling fruit before its ripeness appears, as a safeguard against blight.