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

Book 59 · Issue 5 · Bab 1

Open in Qurani

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.