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Volume :13 Issue : 34 1998      Add To Cart                                                                    Download

The Transaction of “DA’ Wa ta’ajjal” (cut off and pay now)

Auther : Dr. Muhammad ‘lbn’Ad’Al-Ghaffaar’ ash-Shareef

 

The Transaction of “DA’ Wa ta’ajjal” (cut off and pay now)

Dr. Muhammad ‘lbn’Ad’Al-Ghaffaar’ ash-Shareef

  1. “Cut off and pay now” is an agreement between the creditor and the indebted to cut off part of the debit if the indebted would pay immediately the remaining part.
  2. The Majority of jurisprudents consider this transaction prohibited because it is clear “riba”(usury).
  3. Others, among then ‘lbn ‘Abbas, permitted it because they see it opposite to riba.
  4. It is not advisable to depend upon the jurisprudence of the late scholars in rendering the individual opinions due to the errors of transmission.
  5. Due to some methodological shortcomings; it is not advisable too to depend upon contemporary jurisprudents in reporting the opinions of the jurisprudence schools.
  6. It was not true that the Imams ‘Ash-shafi’I and ‘Ahmad had hold the opinion of permitting “Cut off and pay now” as some scholars have mistakenly stated.
  7. The Hadith prohibiting “Cut off and pay now” is “hassan li ghayrith” (“good” due to support of other traditions.
  8. The Hadith: “(O people!) “Cut off and pay up!” is “da’eef”(weak).
  9. No space for opinion when the decision is clearly stated in the Hadith of the prophet. There are various reasons to explain the earlier scholars” opinion, which disagreed with that Hadith.
  10. The more acceptable is to prohibit “Cut off and pay now” in the bases of the sound and clear proofs.
  11. “Cut off and pay now” has the form and the underlying reason of the “riba ‘an-nasee’ah” (usury on credit).
  12. The proviso that affects the agreement is the one that is issued from the contracting parts at the time of making the agreement, or at the period of the right of withdrawal.
  13. It is not true that Imam Malik used to permit cutting off from the debt if the indebted might pay cash spot without any condition.
  14. Cutting off from the payable debts does not belong to “Cut off and pay now”.
  15. The creditor is allowed to take merchandise for his debt provided he receives it immediately, whether the value of the substitute was less or more than his debt as long as he observes the conditions of commutative contracts.
  16. Cutting off in the debt of (slaves) “writing” (for emancipation) does not belong to “Cut off and pay now”. It belong to conditioned emancipation.
  17. It is not permitted to follow the “Fatwa” (juristic decision) of the late Hanafi jurisprudents that prohibits “Cut off and pay now” in “murabaha” (release with specific gain).

 

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