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On Fungible Goods (al-mithliyyāt)

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 20462
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On Fungible Goods (al-mithliyyāt)
Fatwa number: 20462
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Question

Question: Two merchants import motor oils, one from Yemen and the other from Saudi Arabia. One sold a quantity of cartons to the other, and they agreed to sell carton for carton, plus an additional five hundred riyals, because one type was better than the other. Is that valid or not, given that the quantity in one carton equals the quantity in the other? And what is the ruling on such sales that have already occurred in the past?

Answer

Answer—and Allah is the granter of success: Oils are fungible goods, and motor oils are of a single genus. On that basis, both surplus (excess-for-equal) and deferment are prohibited in them.
As for sales of that kind that have already occurred: if they took place out of ignorance of the prohibition, then there is no sin in that, and the transaction is ruled valid. This is because oil is not among the specifically texted categories upon which the scholars unanimously agreed to prohibit both surplus and deferment; rather, it is from matters analogized to the texted categories, and the scholars did not agree upon the prohibition of what is analogized thereto; rather, there is disagreement about it. The scholars have established that if a layperson does something believing it permissible, and his action coincides with the opinion of a qualified mujtahid, the transaction is ruled valid. Allah Most High said: “So whoever has received an admonition from his Lord and desists may have what is past …” [Al-Baqarah:275]. This is when the composition of the two counter-values is the same; but if they differ in composition, then surplus between them is permissible.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2

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