A type of shari’a-incompatible sale (invalid sale or bay’ ghair sahih) that combines a normal sale with a condition (shart) of salaf (i.e., lending). In this sale, a buyer would say to a seller: “I purchase your goods for such and such if you lend me such and such”. For example, a buyer, willing to purchase $5,000 worth of wheat may require a seller to lend him $3000 in cash, for the transaction to conclude. Invalidity of bay’ and salaf is based on the explicit hadith: “it is impermissible to combine a sale contract with a lending contract” (narrated by Abu Dawood and al-Termizhi). One modern transaction that is based on the broader concept of bay’ and salaf is the case of an individual who wants to trade on a stock exchange, and is forced to deal through a broker (margin lender). The broker sets as condition that dealing should be carried out through his facilities. This transaction combines a commutative contract (the brokerage service) and a noncommutative contract (the lending). As a result, the trading is tantamount to a loan (qardh) that brings about an excess (benefit) to the lender, which is prohibited by shari’a.
This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.
Comments