Reappraisal of the Reasons for the Validity of the Mu‘āṭāt Sale from Imam Khomeini’s Perspective

Abstract

One of the controversial issues of sale in Imāmī jurisprudence is bay‘-i mu‘āṭāt (give-and-take sale). Therefore, it is necessary to examine the reasons behind the authenticity of this kind of sale. The present study is a reappraisal of these reasons from the point of view of Imam Khomeini in an explanatory, analytical, and descriptive way. Some scholars, such as ‘Allāma Ḥillī and Muḥaqqiq Ḥillī, consider bay‘-i mu‘āṭāt as unstable and have pointed out reasons such as hadiths, text, and consensus to prove their claim. However, other scholars such as Imam Khomeini believe in the authenticity of mu‘āṭāt and consider it necessary, and provides reasons for proving his claim and refuted the viewpoint of those who consider bay‘-i mu‘āṭāt as unnecessary and invalid. He also believes that all the options which exist in other sales are valid in bay‘-i mu‘āṭāt as well.

Keywords

• bay‘ (sale)
• mu‘āṭāt (give-and-take)
• validity
• impart ownership
• invalidity
• imam khomeini.