إعادَةُ شِرَاءِ مَا بَاعَ بِأقلَّ مِمَّا بَاعَ قَبلَ نَقدِ الثَّمَنِ عِندَ الحَنَفِيَّةِ

Abstract

Repurchase what he sold for less than what he sold before cashing the first price according to the Hanafis Jurisprudence

Research Purposes: The study aims to trace the the Hanafis jurisprudence in Repurchasing what was sold for less than what it sold, its restrictions, its ruling, and the details of the Hanafi school in it and their branches, and their foundations in prohibiting it, with study and analysis, with a comparison in that with the two schools Compatible with the Hanafis in preventing it, which are the Maliki and Hanbali schools, highlighting the nuances of the three schools in that. The researcher did not find anyone who singled out the Hanafi school in this sale in an independent study. Its foundations, accurate rules and details.

Methodology: The study followed a descriptive and analytical approach, where everything related to Repurchasing what was sold for less than what it was sold in the books of Hanafi jurisprudence was traced, with presentation and analysis, in addition to a general comparison in that with other jurisprudence schools.

Findings: The study arrived at different findings, the most outstanding are: The Hanafis prohibit repurchasing the sold thing from its purchaser at a lower price, before cashing in the first sale price. And they cited evidence, the most important of which is: Aisha’s objection on Zaid bin Arqam, the usury of sales, and the profit of what was not guaranteed. This sale in terms of prohibition and many rulings corresponds to what so called the sale of deferred terms according to the Malikis and the sale of Ali’na according to the Hanbalis, with many differences in the basis of the prohibition and the details. It is wrong to attribute the justification for preventing this sale according to Abu Hanifa by blocking the pretext to usury of debts. The most correct reason for the prohibition –according to the researcher- is to block the pretext for debts usury. Which ia the main basis of the Maliki and Hanbali doctrine of prevention the aforementioned sale.

Keywords: Repurchase. Sale. Usury. Profit. Guarantee. Ali’na.