(Series of Answers by the Scholar Ata bin Khalil Abu al-Rashtah, Ameer of Hizb ut-Tahrir, to Questions from Visitors to His Facebook Page)
To: Abo Ali
Question:
Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh,
We know that it is not permissible to buy gold with silver, or any of the different (usurious) types, except hand-to-hand, and it is not permissible to buy them on credit. However, we sometimes buy salt or bread on credit; is this matter haram or what? I hope for a clarification, and may Allah bless you. Your brother, Abu Ali – Palestine.
Answer:
Wa Alaikum Salaam Wa Rahmatullahi Wa Barakatuh,
1- The Messenger of Allah (saw) said:
الذهب بالذهب، والفضة بالفضة، والبُر بالبُر، والشعير بالشعير، والتمر بالتمر، والملح بالملح مثلاً بمثل سواءً بسواء يداً بيد. فإذا اختلفت هذه الأصناف فبيعوا كيف شئتم إذا كان يداً بيد
"Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, equal for equal, and hand-to-hand. If these categories differ, then sell as you wish, provided it is hand-to-hand." (Narrated by Bukhari and Muslim via Ubadah ibn al-Samit, may Allah be pleased with him).
The text is clear that when these usurious categories (al-asnaf ar-ribawiyyah) differ, the sale is "as you wish," meaning that "like for like" is not a condition, but immediate possession (taqabud) is a condition. The word "categories" (al-asnaf) was mentioned generally for all the usurious categories—namely the six—and nothing is excluded from it except by a text. Since there is no such text, the ruling is the permissibility of exchanging wheat for barley, wheat for gold, barley for silver, dates for salt, dates for gold, or salt for silver... etc., regardless of the exchange values and prices, but it must be hand-to-hand (yadan bi yadin), meaning not on credit. What applies to gold and silver also applies to paper currency due to the common effective cause (‘illah), which is "monetary nature" (an-naqdiyyah), i.e., its use as prices and wages.
2- An exception was reported regarding the obligation of immediate possession (taqabud) when selling usurious categories in the case of a pledge (rahn) when purchasing the four categories—"wheat, barley, salt, and dates"—with currency. This is due to the hadith in Muslim narrated by Aisha (ra) that the Messenger of Allah (saw):
اشْتَرَى مِنْ يَهُودِيٍّ طَعَامًا إِلَى أَجَلٍ، وَرَهَنَهُ دِرْعًا لَهُ مِنْ حَدِيدٍ
"Bought food from a Jew for a fixed term (on credit) and gave him his iron armor as a pledge." (Narrated by Muslim)
This means that the Messenger (saw) bought food on credit but with a pledge. Their food at that time was from the usurious categories, as mentioned in the hadith:
الطعام بالطعام مثلاً بمثل وكان طعامنا يومئذٍ الشعير
"Food for food, like for like; and our food in those days was barley." (Narrated by Ahmad and Muslim via Mu'ammar bin Abdullah). Accordingly, it is permissible to buy the four usurious food categories on credit if something is pledged with the seller until the price is brought.
3- If the creditor and debtor trust one another, then the pledge can be dispensed with. The evidence for this is the saying of Allah (swt):
وَإِنْ كُنْتُمْ عَلَى سَفَرٍ وَلَمْ تَجِدُوا كَاتِبًا فَرِهَانٌ مَقْبُوضَةٌ فَإِنْ أَمِنَ بَعْضُكُمْ بَعْضًا فَلْيُؤَدِّ الَّذِي اؤْتُمِنَ أَمَانَتَهُ وَلْيَتَّقِ اللَّهَ رَبَّهُ
"And if you are on a journey and cannot find a scribe, then a pledge in hand (shall be sufficient). And if one of you entrusts another, then let him who is entrusted discharge his trust (faithfully) and let him fear Allah, his Lord." (Surah Al-Baqarah 2:283)
This noble verse indicates that the pledge for a debt during travel can be dispensed with if the creditor and debtor trust one another. This applies to the pledge when buying the four usurious categories—"wheat, barley, salt, and dates"—on credit. That is, as He (swt) said: "And if one of you entrusts another, then let him who is entrusted discharge his trust," and its indication is clear that the pledge in this case can be dispensed with.
4- Consequently, it is permissible to purchase the four usurious categories—"wheat, barley, dates, and salt"—with currency on credit with a pledge to secure the debt, or without a pledge if they trust one another. Because these matters require verification and certainty, and that the creditor and debtor know each other well and trust each other—which is not always the case—and so that the Muslim does not approach what is haram, it is better not to buy these usurious categories on credit unless he is certain that they trust one another. If both the seller and the buyer are reassured of this, then buying these categories on credit is permissible. Thus, the salt you asked about buying on credit is permissible if the noble verse is fulfilled: "And if one of you entrusts another."
5- For your information, it was stated in the Explanation of Sahih al-Bukhari by Ibn Battal, in the chapter on buying food for a term: "There is no dispute among the people of knowledge that it is permissible to buy food for a known price until a known term."
It was also stated in the book Al-Fiqh 'ala al-Madhabib al-Arba'ah by Al-Jaziri regarding buying usurious categories: "As for if one of the two exchanged items is currency and the other is food, then delay in it is valid."
And it was mentioned in Al-Mughni by Ibn al-Qayyim, while speaking about the prohibition of selling the four categories for one another on credit: "This is unlike if they were sold for dirhams or other weighed items on credit (nasa’), as the need calls for that."
Your brother, Ata bin Khalil Abu al-Rashtah
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