repurchase-option sale (بَيْعُ الوَفَاءِ)
الفقه أصول الفقه
التعريف :
A sale on the condition that when the seller refunds the price to the buyer, the buyer will return what was sold. It is given this name because the buyer is under obligation to honour the condition.
المعنى الاصطلاحي :
Sale with the condition that whenever the seller refunds the purchase price, the buyer shall return the sold item.
الشرح المختصر :
"Bay‘ al-wafā’" (repurchase-option sale) is a sale in which a person sells an item to someone else for a given price or for a debt owed to the buyer on condition that whenever the seller returns the purchase price or settles the debt, the buyer shall return the sold item to the seller. It can also be defined as a sale in which someone sells an item to someone else for a debt owed to the latter on condition that the item shall be returned to the seller once he settles the debt. It is, in fact, a sort of mortgage transaction or a termed-loan given the name of a sale. It is also called "bay‘ al-amānah" (trust-based sale) because the sold item is kept as a trust with the buyer and cannot be owned by anyone except its seller. Other jurists call it "bay‘ ath-thunyā", "bay‘ al-‘uhdah", "bay‘ at-tā‘ah", "bay‘ al-Jā’iz", and "bay‘ al-mu‘āmalah".