Is it permissible for a buyer to take goods in lieu of the deferred price after the due date, before taking possession of the price?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The transaction is invalid if the buyer takes goods in lieu of the deferred price before taking possession of the price owed. This view is attributed to Ibn Umar, Sa'id ibn al-Musayyab, Tawus, Malik, and Ishaq. The prohibition stems from this being a means leading to the impermissible sale of food for food on credit, similar to the issue of 'inah (buy-back agreement). Therefore, for any two items where selling on credit is forbidden, it is not permissible to take one as compensation for the other before taking possession of its price, if the original sale was on credit. This aligns with the understanding derived from Ahmad's statements regarding this matter.
Supporting text
The transaction is permissible if it is not done as a stratagem (hiylah) and the intent was not present at the inception of the contract. This position is narrated from Ali ibn al-Husayn, supported by the reasoning that the buyer purchased the goods with the dirhams owed from the original contract, which is valid, similar to if the original sold item was livestock or clothing. Jaber ibn Zayd, Sa'id ibn Jubayr, Ali ibn al-Husayn, Al-Shafi'i, Ibn al-Mundhir, and the People of Opinion permitted it.