Is a sale valid if it includes the condition that the seller loans money (salaf) to the buyer, or the buyer stipulates such a loan from the seller?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 5

Open in Qurani

Primary text

Such a sale is forbidden (*muharram*) and the contract is void (*batil*). This is the established position of Malik and Al-Shafi'i, with no known dispute. The evidence is the narration from Abdullah ibn 'Amr that the Prophet, peace be upon him, forbade the profit of what is not guaranteed, the sale of what is not taken possession of, two sales in one sale, two conditions in one sale, and the sale combined with a loan (*bay' wa salaf*). This hadith was narrated by Abu Dawud and Al-Tirmidhi, who deemed it hasan sahih, with another wording stating, 'A sale combined with a loan is not permissible.' Furthermore, stipulating the loan incorporates a void contract within a valid one, similar to two sales in one. If the loan is stipulated, the price is increased on account of the loan, making the excess in the price compensation for the loan, which constitutes forbidden usury (*riba*), thus invalidating the transaction as if it were explicitly stated.

Supporting text

Imam Malik stated that if the stipulator of the loan relinquishes the condition of the loan, the sale becomes valid.