Rulings on Deferred Sales through the Text of 'Aqrab al-Masalik'

Abstract

Summary:
Aqrab al-Masalik fi Madhhab al-Imam Malik* is one of the fiqh texts that focused on compiling the rulings of the Maliki school and adopting its well-established opinions; it is considered one of the finest summaries of the Maliki school, authored by Ahmad ibn Muhammad ibn Ahmad al-Dardir (d. 1201 AH). In drafting his compendium, he relied on Sheikh Khalil’s compendium, though he replaced the opinions not accepted therein with those accepted in the school. Furthermore, the text is precise in wording and highly concise, containing concepts of agreement and disagreement. Throughout the text, the concept of forward sales, their original ruling, and the reason for their prohibition are clarified, as well as the rule regarding the prior possession that if the item returns to the seller in the same condition as when it left or in a lesser condition, the sale is valid; otherwise, it is void. He explained the reason for prohibiting forward sales, noting that while forward sales may involve a specific item, they may also involve a generic item and thus take the ruling of a specific item, or they may involve a valued item, in which case they are permissible; because they take the ruling of unspecified and generic items. The text addresses the ruling on installment sales after they have taken place, which is the validity of the first sale only; relying in this on the well-known view of the Maliki school.