What is the ruling concerning the prohibition of delayed payment (nasi'ah) in exchanges where usury of excess (riba al-fadl) is not applicable?

Chapter on Riba (Usury) and Exchange (Sarf)

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 3

Open in Qurani

Primary text

There are four reported narrations regarding the prohibition of nasi'ah in items not measured or weighed. The soundest narration is the first: Nasi'ah is not prohibited in any transaction, whether the items are exchanged for their genus or a different genus, equally or with excess. This holds true unless the cause of usury is specifically the taste (ta'am), in which case nasi'ah is prohibited only for tasteable items, and not for others. This is the school of Al-Shafi'i. This view is preferred because of the narration where the Prophet ordered Abdullah ibn Amr to take one camel in exchange for two camels from the Zakat camels (for equipping an army), and the report that Ali sold a camel named 'Asifir for four camels on credit (to an agreed time). Furthermore, since these two items do not involve usury of excess, credit (nasi'ah) is permissible, just as trading a commodity for a Dinār is permissible. Nasi'ah is one of the two types of usury, thus it cannot be permitted in all categories, similar to the other type of usury (riba al-fadl).

Supporting text

The second narration states that nasi'ah is prohibited when an item is exchanged for its genus, such as animals for animals or garments for garments, but not otherwise; this is the position of Abu Hanifa. The third narration states that nasi'ah is only prohibited when the exchange is unequal (mutafadil); if the exchange is equal (mutamathil), it is permissible, as evidenced by the Hadith concerning exchanging two horses for one horse being impermissible on credit, but permissible hand-to-hand, implying permission for credit with equality. The fourth narration prohibits nasi'ah in every item exchanged for another item, regardless of whether they are of the same genus or not, which appears to be the literal reading of Al-Kharqi's statement, although it may imply the third narration.