Les Marchandises Vendues à Crédit Sont Rachetées en Espèces à un Prix Inférieur Appelé (‘ Aynah )

2. Ahmad ibn Muhammad has narrated from Ali ibn al-Hakam from ‘Isma’il ibn ‘Abd al-Khaliq who has said the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about ‘Aynah saying, ‘Our merchants in general these days provide ‘Aynah. I like to explain how it is done. He (the Imam) said, ‘Go on and explain.’ I said, ‘A man comes who works in Musaxvamah (fixed price regardless of capital) who wants merchandise on the basis of Musawamah but we do not have any goods and he says, “I give you a profit of dah yazdah” and I say “I give dah dawazdah.” He continues bargaining and we also do so. When we complete I say to him, “Which merchandise you want me to buy for you?” He says, “I like silk because we do not find anything else less depreciating than silk.” I agree and form a contract without selling.’ He (the Imam) said, ‘Is it possible that if you did not like you can refuse to give him and if he does not like he does not take from you?’ I replied, ‘Yes, it is possible. I then go and buy for him that silk and then bargain as much as I can and then I come to my home then sell it to him perhaps with an increase a little more than what is contracted, or perhaps give him for what is contracted, and perhaps we become difficult then nothing happens. ‘Then if he buys from me he cannot find anyone else asking higher price than the one, from whom I bought it, to sell to him. He comes and takes the dirhams and gives it to him or perhaps he comes with an assignment on me.’ He (the Imam) said, ‘You must not give it to anyone else beside the owner of silk.’ I then said, ‘Perhaps the sale does not take place between us. I ask him and he agrees.’ He (the Imam) said, ‘Is it possible that if he likes, he does not do so and if you want you do not return?’ I replied, ‘Yes, it is possible. If he dies it is from my assets.’ He (the Imam) said, ‘It is lawful; if you do not violate the condition, then it is not unlawful.’”

Le Prophète (que la paix soit sur lui) a expliqué comment une forme d'usure pouvait être pratiquée de manière licite, en soulignant l'importance de la transparence, de la bonne foi et du respect des accords conclus, même en l'absence de contrat formel. Ce hadith met en lumière les principes éthiques qui doivent guider les transactions commerciales, en insistant sur la sincérité, la justice et la générosité dans les échanges économiques.

3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Sayf ibn ‘Amirah from Mansur ibn Hazim who has said the following: “This is concerning my question before abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a man who asks another man for a cloth on the basis of ‘Aynah and he says, ‘I do not have it but take these dirhams and buy the cloth.’ He takes the dirhams and buys a cloth as he wants, then comes to him so that he buys it from him. He (the Imam) said, Ts it the case that if the cloth is lost it is from the assets of the one who gives dirham?’ I replied, ‘Yes, that is the case.’ He (the Imam) asked, ‘If it is possible that if he wants he buys it, if he does not want he does not buy, then it is not unlawful.’”

4. Ahmad ibn Muhammad has narrated from Ali ibn al-Hakam from Sayf ibn ‘ Amirah from abu Bakr af-Hadramiy who has said the foifowing: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, ‘A man who is engaged in an al- ’Aynah deal and the payment date has become due but he cannot find anything to pay back his debt; if he can arrange another al- ’Aynah with the same creditor again.’ He (the Imam) said, ‘Yes, he can do so again.’”

Il a répondu : Oui.

5. Ahmad ibn Muhammad has narrated from ibn abu ‘Umayr from Aii ibn ‘Isma’ii abu Bakr al-Hadramiy who has said the foliowing: “I once said to abu ‘Abd Allah, ‘Alayhi al-Salam, ‘A man owes me a certain amount of dirhams and he says, “Sell to me certain goods so I can pay what I owe to you.” I then sell to him certain goods, then buy it from him and take what he owes me.’ He (the Imam) said, ‘It is not unlawful.’”

J'ai dit à Abu 'Abdillah (sur lui la paix): "Si j'ai un homme qui me doit des dirhams et qu'il me propose de te les payer, puis je lui vends la marchandise et la lui rachète, puis-je récupérer mon argent?" Il a répondu: "Il n'y a pas de mal."

6. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Hanan ibn Sadir who has said the following: “Once I was with abu ‘Abd Allah, ‘Alayhi al-Salam, when Ja’far ibn Hanan asked him (the Imam), ‘What do you say about al- ’Aynah in the case of a man who sells certain goods to a man and says, “I sell to you bah dah dawazdah and bah dahyazdahT” Abu ‘Abd Allah, ‘Alayhi al-Salam, said, ‘This is not valid. He must, however, say, “For all dirhams I give you so and so amount of dirham profit in the form of Musawamah (fixed price regardless of capital) in this deal;” then it is not unlawful.’ He then asked, ‘Can I make a deal in the form of Musawamah (fixed price regardless of capital) and I do not have any assets?’ He (the Imam) said, ‘It is not unlawful.’”

Ce hadith met en lumière la question de l'allégeance basée sur des biens matériels et souligne l'importance de la transparence et de la clarté dans de telles transactions. Il met en garde contre les accords d'allégeance basés sur des biens spécifiques, tandis qu'il permet les accords basés sur des bénéfices potentiels sans possession réelle de biens. Cela souligne la nécessité de l'équité et de la sincérité dans les transactions et les accords entre les individus.

7. Ali ibn Ibrahim has narrated from his father from ‘Abd Allah ibn al-Mughirah from ‘Abd Allah ibn Sinan who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who owes a certain amount of debts and he is a Mu‘sir (unable to pay). Can I arrange for him to buy something from a man for an appointed time and guarantee in his favor so he can pay his debts (with the item just purchased for him) to me and then pay back what he owes? He (the Imam) said, ‘It is lawful.’”

J'ai demandé à propos d'un homme qui a un bien et qui est endetté, s'il peut conclure une vente avec un homme pour une période en garantissant cela pour l'homme et que celui-ci le règle. Il a dit : "Il n'y a pas de mal."

8. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from Harun ibn Kharijah who has said the following: “I once said to abu ‘Abd Allah, ‘Alayhi al-Salam, ‘I made an al-’ Aynah deal with a man. I then asked him to pay back what he owes because of the deal. He replied, “I do not have anything to pay you back unless you arrange another al-’ Aynah so I can pay you back.’” He (the Imam) said, ‘You can arrange another al- ’Aynah for him so he can pay you back.’”

J'ai maudit un homme, dis-moi de le juger." Il a répondu : "Je n'ai pas de preuve contre lui, donc aide-moi à le juger." Il a dit : "Aidez-le jusqu'à ce qu'il soit jugé."

9. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn Hadid from Muhammad ibn Ishaq ibn ‘Ammar who has said the following: “I once said to abu al-Hassan, ‘Alayhi al-Salam, ‘Salsabil has asked me for a hundred thousand dirham which she will pay back with a ten thousand dirham profit. I gave her ninety thousand dirham loan with the sale of a cloth and something else worth a thousand dirham for ten thousand dirham (she now owes a total of one hundred thousand dirham).’ He (the Imam) said, ’It is not unlawful.’ In another Hadith it is said, ‘It is not unlawful if you give her a hundred thousand and sell to her a cloth for ten thousand and write two contracts.’”

[Contenu principal du hadith]

10. Abu Ali al-Ash’ariy has narrated from al-Hassan ibn ‘Abd Allah from his uncle, Muhammad ibn ‘Abd Allah from Muhammad ibn Ishaq ibn ‘Ammar who has said the following: “I once asked al-Rida’, ‘Alayhi al-Salam, about the case of a man to whom someone owes a certain amount of goods and payback time becomes due. His party sells to him a pearl worth a hundred dirham for a thousand dirham and extends the payback time to another appointed time. He (the Imam) said, ‘It is not unlawful. My father commanded me to do so and did such a deal.’ He (the narrator) thinks that he had asked abu al-Hassan, ‘Alayhi al-Salam, about it and he (the Imam) had given a similar answer.”

Le contenu principal du hadith est la réponse d'Al-Rida (sur lui soit la paix) concernant la vente d'une perle avec un paiement différé, indiquant qu'il n'y a pas de problème à le faire, car son père l'avait également autorisé à le faire et qu'Abu Al-Hassan (sur lui soit la paix) avait donné une réponse similaire à une question similaire.

11. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn abu ‘Umayr from Muhammad ibn Ishaq ibn ‘Ammar who has said the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about the case of a man who owes me a certain amount of dirham and says to me, ‘Extend the payback time and I will give you profit’. I then sell to him a gown worth a thousand dirham for ten thousand dirhams - or that he said, twenty thousand dirhams - and extend the payback time. He (the Imam) said, ‘It is not unlawful.’”

Il n'y a pas de mal à retarder le paiement après avoir vendu un vêtement pour mille dinars et l'avoir vendu pour dix mille dinars, voire vingt mille dinars, en échange d'une somme d'argent.

12. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from ‘Abd al-Malik ibn ‘Utbah who has said the following: “I once asked him (the Imam), ‘Alayhi al-Salam, about the case of a man with whom I like to arrange an al-’Aynah. He already owes me a certain amount of goods. He asks me for additional goods. Is it right to provide him additional goods and sell to him a pearl worth a hundred dirham for a thousand dirham and I say, ‘I sell to you this pearl for a thousand dirham so I can extend the payback time for this and what you already owe to me up to so and so many months.’ He (the Imam) said, ‘It is not unlawful.’”

L'enseignement de ce hadith met en lumière la question de la vente différée et de l'ajout d'une somme d'argent lorsqu'on vend un bien, tout en fixant des conditions claires pour le paiement et le remboursement, montrant ainsi la flexibilité dans les transactions commerciales en Islam.