Question 2092: Is Bay' Mu'atah (sale by mutual exchange/giving and taking) permissible?

30 10 Oct 2025
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✅ Answer: Pay attention to the following verses and Hadiths:

یَا أَیُّهَا الَّذِینَ آمَنُوا لَا تَأْکُلُوا أَمْوَالَکُم بَیْنَکُم بِالْبَاطِلِ إِلَّا أَن تَکُونَ تِجَارَةً عَن تَرَاضٍ مِّنکُمْ ۚ وَلَا تَقْتُلُوا أَنفُسَکُمْ ۚ إِنَّ اللَّهَ کَانَ بِکُمْ رَحِیمًا (۲۹)

O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] trade by mutual consent among you. And do not kill yourselves. Indeed, Allah is ever Merciful to you!

📖 Surah An-Nisa, Verse 29

یَا أَیُّهَا الَّذِینَ آمَنُوا إِذَا تَدَایَنتُم بِدَیْنٍ إِلَی أَجَلٍ مُّسَمًّی فَاکْتُبُوهُ....إِلَّا أَن تَکُونَ تِجَارَةً حَاضِرَةً تُدِیرُونَهَا بَیْنَکُمْ فَلَیْسَ عَلَیْکُمْ جُنَاحٌ أَلَّا تَکْتُبُوهَا ۗ...

O you who have believed, when you contract a debt for a specified term (due to a loan or buying and selling), write it down... up to where it says: ...except for an immediate transaction which you circulate among yourselves. For [that] there is no sin upon you if you do not write it...!

📖 Surah Al-Baqarah, Verse 282

1 عَنْ عَلِیِّ بْنِ جَعْفَرٍ عَنْ أَخِیهِ مُوسَی بْنِ جَعْفَرٍ قَالَ: سَأَلْتُهُ عَنِ الْیَتِیمِ مَتَی یَنْقَطِعُ یُتْمُهُ قَالَ إِذَا احْتَلَمَ وَ عَرَفَ الْأَخْذَ وَ الْعَطَاءَ.

📚 Qurb al-Isnad p. 119.

Ali ibn Ja'far said: I asked Imam al-Kadhim (peace be upon him) about an orphan, when does his state of being an orphan end? He said: When he reaches puberty and recognizes taking and giving (i.e., transaction and trade)!

2 عَنْ الْأَصْبَغِ بْنِ نُبَاتَةَ قَالَ سَمِعْتُ أَمِیرَ الْمُؤْمِنِینَ یَقُولُ عَلَی الْمِنْبَرِ یَا مَعْشَرَ التُّجَّارِ الْفِقْهَ ثُمَّ الْمَتْجَرَ.... التَّاجِرُ فَاجِرٌ وَ الْفَاجِرُ فِی النَّارِ إِلَّا مَنْ أَخَذَ الْحَقَّ وَ أَعْطَی الْحَقَّ.

📚 Al-Kafi vol. 5 p. 150

Asbagh said: I heard Amir al-Mu'minin (peace be upon him) saying on the pulpit: O group of merchants! First jurisprudence and then commerce! up to where he said: The merchant is a reprobate and the reprobate is in the fire, except for the one who takes with truth and gives with truth!

3 From Sudair al-Sayrafi, he said: I said to Abu Ja'far (peace be upon him): A hadith has reached me from al-Hasan al-Basri, and if it is true, then Innā lillāhi wa innā ilayhi rāji'ūn (To Allah we belong, and to Him is our return). He asked: What is it? I said: It has reached me that al-Hasan al-Basri used to say: If his brain boiled from the heat of the sun, he would never seek shade under a money changer's wall, and if his liver burst from thirst, he would not ask for water from a money changer's house! Even though money changing is my profession and my trade, and my flesh and blood have grown from it, and my Hajj and Umrah are from it. He sat up, then said: Al-Hasan has lied. Take equally and give equally, and when the prayer time arrives, leave what is in your hand and stand up for the prayer! Don't you know that the Companions of the Cave were money changers?

📚 Al-Kafi vol. 5 p. 113

Sudair al-Sayrafi said: I said to Imam al-Baqir (peace be upon him): A hadith has reached me from al-Hasan al-Basri that, if true, then Innā lillāhi wa innā ilayhi rāji'ūn!

The Imam said: What is it? I said: It has reached me that Al-Hasan used to say: If his brain boiled from the heat of the sun, he would never seek shade under a money changer's wall, and if his liver burst and scattered from thirst, he would not ask for water from a money changer's house! While money changing is my profession and my trade, my flesh and blood have grown in it, and my Hajj and Umrah are from it. The Imam sat up, then said: Al-Hasan has lied! Take equally and give equally, and whenever the time for prayer comes, abandon what is in your hand and arise for prayer! Don't you know that the Companions of the Cave were money changers!

✅ During the Occultation of our Master, Imam al-Zaman (peace be upon him), some people, assuming the necessity of a specific verbal formula (sighah lafzī) of offer (ījāb) and acceptance (qabūl) in a contract of sale ('aqd bay')—have given a sale the name Bay' Mu'atah and have engaged in discussing its permissibility or impermissibility. Of course, they have also disagreed on the definition of this non-narrated term, offering definitions such as: a sale without a specific contract, or a sale without the formula of offer and acceptance, or a sale without the formula of an Arabic contract, and so on!

According to the verses and hadiths regarding the discussion of trade, a few examples of which were mentioned, the contract of sale ('aqd bay') is a transaction performed with the intention of trade and commerce and on the condition of mutual consent of both parties, with the commodity and price being clear, carried out under its religious rulings in the form of taking and giving (akhdh wa 'atā')—meaning taking something and giving something—and no specific formula has been designated for it.

Therefore, when the trade and the mutual taking and giving (akhdh wa 'atā') is performed with the mutual consent of the parties and possesses the necessary conditions of sale, the contract of sale is valid, even if a specific formula or a specific formula of offer and acceptance is not exchanged.

Given this, provided the Qur'anic and narrative conditions of sale are met, its being merely Mu'atah does not create a flaw in the contract of sale, and the sale is valid.

اللَّهُمَّ صَلِّ عَلَی مُحَمَّدٍ وَ آلِ مُحَمَّدٍ وَ عَجِّلْ لِوَلِیِّکَ الْفَرَجَ وَ الْعَافِیَةَ وَ النَّصْر

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