Does selling an item to someone with a favorable price reduction (*muḥābāh*) break an oath sworn against giving a gift?
General Chapter
Al-Mughni
Book of Oaths
Primary text
Selling an item with a favorable price reduction does not break the oath against giving a gift, because the transaction is a sale based on exchange (*muʿāwaḍa*). This is supported by the fact that a pre-emption claimant (*shafiʿ*) has the right to take the entire sold item, which would not be the case if part of it were considered a gift.
Supporting text
Abu Al-Khaṭṭāb posits, in one opinion, that the oath is broken because the seller is either leaving part of the sold item without a price or giving a gift of part of the price.