The Comparison Between Riba' Al-Nasai'e and Riba' Al-Fadhl
Firstly, Riba' al-Nasai'e.
It refers to a stipulated increase over the loan which a debtor agrees to pay to his creditor in relation of a specific period of time. The charge payable are fixed by the borrower to the lender depends on how many the loan money produces.
Thus, any gain that comes from a loan transaction is usurious.
This type of riba is prohibited by the Quran (30:39; 4: 160-1; 3: 130; and 2: 275-281).
The hadith of the Prophet p.b.u.h. states: “Jabir said that Allah's Messenger (may peace be upon him) cursed the receiver of interest and its payer, and one who records it, and the two witnesses, and he said: They are all equal (in term of sins).” (Bukhari and Muslim)
Since the verses of Quran has directly rendered this type of riba' as 'haram', it is also can be called as Riba' al-Qur’an.
For example, this kind of riba' usually arises when the parties to a certain transaction deal with properties which are perishable and homogeneous, such as gold, silver, money, dates, salt, etc. While lending these properties, the creditor is not allowed to charge the debtor for their use.
This type of riba is prohibited by the Quran (30:39; 4: 160-1; 3: 130; and 2: 275-281).
The hadith of the Prophet p.b.u.h. states: “Jabir said that Allah's Messenger (may peace be upon him) cursed the receiver of interest and its payer, and one who records it, and the two witnesses, and he said: They are all equal (in term of sins).” (Bukhari and Muslim)
Since the verses of Quran has directly rendered this type of riba' as 'haram', it is also can be called as Riba' al-Qur’an.
For example, this kind of riba' usually arises when the parties to a certain transaction deal with properties which are perishable and homogeneous, such as gold, silver, money, dates, salt, etc. While lending these properties, the creditor is not allowed to charge the debtor for their use.
In contrast, a person may charge another for the use of his usable property such as house or a car as their future benefit is certain.
Secondly, Riba' al-fadhl (riba' on cash).
Secondly, Riba' al-fadhl (riba' on cash).
It is clearly prohibited by the hadith of the Prophet p.b.u.h. mention below.
This type of riba' is specifically prohibited by the Prophet (pbuh). It gives a more comprehensive implication to riba' and is not merely restricted to loans. Riba' Al-fadhl applies to certain types of sales transactions, both immediate exchanges as well as credit exchanges. It is commodity specific and results in what is known as riba Al-Fadhl. It is also known as Riba' al-Sunnah.
Riba al-Fadhl is described as an unlawful excess in the exchange of two counter-values where the excess is measurable through weight or measure.
The basis for the prohibition of riba in the exchange of commodities is the famous Hadith of the Prophet on six commodities:
The hadith states:
“Abu Sa'id al-Khudri (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as saying:
“Gold is to be paid for by gold, silver by silver, wheat by wheat, barley by barley, dates by dates, salt by salt, like by like, payment being made hand to hand. He who made an addition to it, or asked for an addition, in fact dealt in usury. The receiver and the giver are equally guilty” (Muslim).
In another Hadith it is narrated:
“Gold is to be paid for by gold, silver by silver, wheat by wheat, barley by barley, dates by dates, salt by salt, like by like, payment being made hand to hand. He who made an addition to it, or asked for an addition, in fact dealt in usury. The receiver and the giver are equally guilty” (Muslim).
In another Hadith it is narrated:
“Abd Sa'id reported: Bilal (Allah be pleased with him) came with fine quality of dates. Allah's Messenger (may peace be upon him) said to him: From where (you have brought them)? Bilal said: We had inferior quality of dates and I exchanged two sa's (of inferior quality) with one sa’ (of fine quality) as food for Allah's Apostle (may peace be upon him), whereupon Allah's Messenger (may peace be upon him) said: Woe! it is in fact usury; therefore, don't do that. But when you intend to buy dates (of superior quality), sell (the inferior quality) in a separate bargain and then buy (the superior quality)” (Bukhari & Muslim)
Thus, we as Muslims, should know how to differentiate these types of riba' so that we can find a greater solution to the major issues relating to the debt in this world nowadays.
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